EMPLOYMENT INCOME , DIVIDEND , INTEREST INCOME - individual tax
15 important questions on EMPLOYMENT INCOME , DIVIDEND , INTEREST INCOME - individual tax
What is required to enjoy reliefs, rebates, and scale rates in terms of residence status?
- To be resident
- Para 21 Sch 6. Less than 60 days = NR
Describe the relationship and income type in a contract of service.
- There is a master + servant relationship.
- Income = employment income.
What is the relationship and income type in a contract for service?
- There is a principal + agent relationship.
- Income = business income.
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List the factors to determine if it is a contract of service or contract for service.
- Nature of remuneration in salaries, EPF for employment and consultancy fees for contract for service.
- Delegation of duties.
- Extent of control.
- Provision of equipment.
What are the differences in tax treatment between a contract of service and contract for service?
- Contract of service: Income taxable only when received in YA of receipt, cannot claim CA, lesser deductible expenses, exp>income= permanent loss, cannot c/f.
- Contract for service: Taxable on accrual basis in YA of receivable, can claim CA, more deductible expenses, exp>income= current yr business loss (CYBL), CYBL can set off aggregate income, excess loss c/f up to another 10 YAs.
How does the remuneration package reduce s13 (1) (a) income?
- Reduces the s13 (1) (a) income as, normally, the whole cash amount received is taxable.
What form of income is eligible for exemption to retain more s13(1)(a) income?
- Travelling allowance, parking allowance, meal allowance, child allowance.
What should be provided to the employee as BIK and why?
- Provide more BIK to the employee, such as company’s car, petrol, maid, gardener etc.
- These incomes are taxable only on the amount prescribed by the public ruling which is normally lower than the actual amount benefited.
How is accommodation provided to the employee assessed?
What is the tax status of a company on profits and dividends?
- Company is taxable on profits at 24%.
- Shareholder is exempt (para 12 B Sch 6).
- No double tax = no tax credit
How is a unit trust taxed, and what is the tax status of the unit holder?
- Unit trust is taxable at 24%.
- Unit holder is taxable on gross distribution.
- Double tax.
- S110 tax credit claimable? Yes.
What are the tax implications for a REIT with tax-exempt profit?
- Distribute >=90% of profits
- Profit is tax exempt.
- REIT will deduct withholding tax as a final tax.
- Unit holder does not report distribution as income.
Describe the tax situation for a REIT with taxable profit at 24%.
- Profit is taxable at 24%.
- Unit holder taxed on gross distribution.
- Double tax.
- S110 tax credit claimable? Yes.
What is the tax status of an LLP on profits and distributions?
- LLP taxable on profits.
- Partner tax exempt (para 12C Sch 6).
- Cannot claim S110 tax credit.
Does LLP have master, servant rs?
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