Matters to be discussed:
(i) Terms that is related to basis period.
(ii) Why is it important to determine the basis period correctly?
(iii) Relevant provisions and public rulings
(iv) What is a current year basis?
(v) How to determine basis periods for INDIVIDUALS and BODIES OF PERSONS?
(vi) How to determine basis periods for COMPANY, LLP, TRUST BODY or
CO-OPERATIVE SOCIETY?
(vii) Definition of operation. [S.21A(8)]
(viii) Basis periods on commencement of operations. [S.21(4)]
(ix) Implication on tax estimates.
(x) Commencement of operations of a company in a group, etc.
(xi) Change of accounting date [S.21A(3)]
(xii) Impact of Self Assessment on determining basis period. (When there is a change in
acc date)
(xiii) How to deal with overlapping basis period?
_____________________________________________________________________
(i) Terms that is related to basis period.
1) Basis year = The basis period for that year of assessment.
2) Calendar year = 1/1/2015 - 31/12/2015
3) Basis period = The time period for which a sole trader or partnership pays tax each
year.
4) Year of assessment (YA) = The year in which inc tax is calculated and charged.
5) Accounting Date = The actual dates that an accounting period begins and ends.
(ii) Why is it important to determine the basis period correctly?
- Basis period = The period that recognise Income arised, treat Expense as incurred, treat
Cap Exp on assets as inccured.
1) Accurately determine Adj Inc, correct claim of Cap. Allow, Chargeable Inc and Tax
Liability.
2) Provide a basis for the estimation of tax chargeable (For the relevant basis periods)
3) Identify the compliance responsibilities (In the YA)
(iii) Relevant provisions and public rulings.
- Provision of Inc Tax Act 1967:
1) Section 20 - Basis year
2) Section 21 - Basis periods for persons other than Companies, LLP, Trusts etc.
3) Section 21A - Basis periods for a Company, LLP, Trust or Co-operative society.
4) Section 42(2) - Overlapping periods
- Public Rulings (By IRB as at Mar 2015)
1) 4 of 2001 - Basis period for a Non-biz source (Indv and persons other than co)
2) 5 of 2001 - Basis period for a Biz source (Co-operative) [Replaced by PR8 of 2014]
3) 6 of 2001 - Basis period for a Biz source (Indv and persons other than co/
co-operatives)
4) 7 of 2001 - Basis period for Biz & Non-biz sources (Co) [Replaced by PR8 of 2014]
5) 7 of 2011 - Notification of change of accounting period
6) 8 of 2014 - Basis period of a Company, LLP, Trust body and Co-operative society.
(iv) What is a current year basis?
1) Accounting period ending in Yr 2000 = Basis period for YA 2000 (Crn Yr)
2) Accounting period ending in the year 1999 = Basis period for YA 2000 (Preceding Yr)
[M'sia switch from preceding-yr to current yr basis in calendar yr 2000, by inserting the
word 'coinciding' in the provision in S.20]
[For the purposes of this Act, the calendar year coinciding with a YA shall constitute the
basis year for that YA]
(v) How to determine basis periods for INDIVIDUALS and BODIES OF PERSONS?
1) S.21 applies to all persons (Other than co, LLP, trust body or co-operative society)
2) S.21 stipulates that the basis year shall constitute the basis period for a YA.
[Basis year = Calendar year, therefore the period included in YA is always 1/1/2015 to
31/12/2015]
[This rule apply to individual who derives employment inc & biz inc too!!]
(vi) How to determine basis periods for COMPANY, LLP, TRUST BODY or
CO-OPERATIVE SOCIETY?
1) S.21A = Governs the determination of basis periods for a Company, LLP, Trust body
and a Co-operative society.
2) 8 subsections of S.21A:
Subesecion (1)
- The basis year (=Calendar year) = basis period for a YA.
- Basis period for YA 2014 = 1/1/2014 to 31/12/2014 (Same as indv and bodies of indv)
[General provision, unless stated otherwise elsewhere in S.21A.]
Subsection (2)
- A set of acc made up for a period of 12 mths ending on a day other than 31/12, that
period = basis period for the YA.
- Basis period for YA 2014 = 1/7/2013 to 30/6/2014 (If financial year or acc year ending
on 30/6)
Subesection (3)
- The DGIR is empowered to direct the basis periods for the failure year and the
subsequent year.
(Where there is a change in the year-end date from its normal date/ change of acc
date)
Subesection (4)
- Determine the basis periods where a Co, LLP, Trust body or Co-operative society 1st
commences operations.
Subesection (5)
- Deals with situation where a Co commences operations and is required to make up its
acc to a specified day.
[Only concern to Company and do not apply to other entities.]
Subesection (6)
- Co, LLP, Trust body or Co-operative society with existing operations = Shall adopt
the same basis period for any new or additional operations.
(= Only one basis period for all sources of inc of the entity)
Subesection (7)
- Explains commencement of operations = An entity commencing its own operations or
carry on the operations of another Co, LLP, Trust Body or Co-operative, not previously
carried on by that CO.
Subesection (8)
- Defines 'operations', as including biz activity and/or making investments.
(vii) Definition of operation. [S.21A(8)]
1) Commences a biz activity = Commenced operations (For the purpose of S.21A)
2) Date of commencement of biz activity = Refer to the date when the core or integral
activity of the biz commences.
3) Example:
- Manufacturing biz = Plant & machinery are in place, Inv (Stock) has arrived
[Manufacturing process is able to proceed]
- Retail biz = The day the biz is first open to members of the public with its offering of
goods.
[Regardless of whether the first sale is actually made]
- Hotel biz = When it is able to offer food, beverage and accomodation services/facilities
to members of the public.
4) 'Operations' also includes the making of investments.
- Purchase of stocks and shares
- Deposits of monies in the bank to earn interest
- The making of any loans for interest
- Acquisition of any investment properties
(viii) Basis periods on commencement of operations. [S.21A(4)]
1) S.21A(4)(w.e.f. YA 2014) = simplified the determination of the basis periods upon
commencement.
2) The basis period for the 1st applicable YA = The period covered by the accounts
(From commencement date)
[When the 1st set of accounts makes up to any date falling in the 1st, 2nd or 3rd year
YA after the date of commencement of operations.]
[The YAs before the YA will therefore be deemed = No basis periods.]
3) Example:
ACE incorporated on 1/11/2014 and commenced operations on 1/12/2014.
ACE wanted to close it accounts in following date:
(I) 31/12/2014 (2 mths), thereafter 31/12 annually.
(II) 31/3/2015 (5 mths), thereafter 31/3 annually.
(III) 30/11/2015 (13 mths), thereafter 30/11 annually.
(IV) 31/3/2016 (17 mths), thereafter 31/3 annually.
- In (IV), ACE 1st set of accounts to 31/3/2016.
(The basis period for YA 2016 = 1/12/2014 to 31/3/2016, 16 mths)
(No basis period for YA 2014 and 2015)
[In practice, 1st set of accounts is unlikely to > 16 or 17mths, because Companies Act
stipulates a Co must hold the 1st AGM within 18 mths of its date of incorporation]
(ix) Implication on tax estimates.
1) If paid up ordinary share cap > RM2.5m = Have to furnish its 1st estimate of tax within
3 months of the commencement of its
operations
(i.e. by 28/2/2015, Using illustration 2)
[Compliance requirement relevant to (III) and (IV), because the first basis period is not
< 6mths (S.107C(4)]
[*Co with a paid up ordinary share cap >RM2.5m, commence biz operations in a YA
where the basis period for that YA is < 6mths = Co is exempt from the requirement to
furnish an estimate
of tax payable for that YA]
2) If paid up ordinary share cap < RM2.5m(SME) = Not be required to furnish an estimate
of tax for that YA (YA 2014) and the
immediate following YA (YA 2015)
(Being Co incorporated and resident
in Malaysia)
3) S.107C(4A)(a)
- If SME no basis period for YA (It commences its operations), it will not required to
furnish estimates of tax for the two immediate following YAs.
[Case in (II) and (III), ACE no basis period for YA 2014 (YA it commences
operations), not required to furnish estimates of tax for YA 2014, and 2 immediate
following YA (YA2015 & YA 2016)]
4) S.107C(4A)(c)
- If SME no basis period for YA (It commences its operations and immediately following
YA), it will not be required to furnish estimates of tax for the YA (It commenced
operations and the 2 immediately following YAs)
[Case in (IV), ACE no basis period for YA (It commenced and immediately following
YA), it will not be reuired to furnish estimate of tax for YA 2014 and the 2 immediately
following YAs (YA 2015 & 2016).]
(x) Commencement of operations of a company in a group, etc.
1) The period covered by the accounts (From date of comencement of operations to the
end of the acc. period) shall constitute the basis period of the first YA. Whether:
- Required under any law to make up its accounts to a specified date, or
- Makes up its accounts to a date to be coterminous with the group (Being a member
of the group)
2) Example:
ALPHA incorporated on 1/8/2014. It is a member of BETA group of companies which
make up their acc to 31/12 annually. ALPHA commenced operations on 1/10/2014 and
makes up its 1st set of accounts to 31/12/2015 (To be coterminous with the group).
Thereafter, Alpha closes its accounts to 31/12 in line with the group.
- 1st YA = YA 2015 (With basis covering 1/10/2014 to 31/12/2015, 13 mths)
(xi) Change of accounting date [S.21A(3)]
1) Change of the acc. date = Existing Co, LLP, Trust body or Co-operative society fails to
make up its subsequent accounts to the corresponding day in
the following year.
(Has already made up its accounts for a period of 12mths
ending on a day in the basis year.)
2) Reasons of changes of acc date:
- Co-terminus with the new holding co. or with the group.
- The adoption of 52-week financial year.
3) Changes of acc. date will trigger the need for a direction of basis periods by the DGIR
pursuant to S.21A(3).
4) Public Ruling 8 of 2014 - Provide guidance on how the DGIR will direct such basis
periods.
5) Example:
XYZ made up accounts annually to 31 Mar. In 2015, decided to change to 30 Sept.
- Last normal account : 1 Apr 2013 to 31 Mar 2014
- Last normal YA : YA 2014
- First set of new acc : 1 Apr 2014 to 31 Sept 2015
- Failure Year : YA 2015
(The year in which there is failure to close the accounts to the normal accounting date.
- Following Year : 2016
- Third Year : 2017
Underlying principles adopted (When DGIR directs):
- There shall be no missing YA = No YA left out.
- There shall not be 2 or more sets of accounts closed in the same YA.
- An accounting period must be divided between two YA (There is uneven division of
the basis periods between the two YAs) - Any fraction of a month should be treated
as falling into the 1st period. Refer Table.
[Whether the length of the period covered by the accounts is <12 mths or >12mths is
no longer relevant]
[If the accounts close after the failure year, the basis period should be divided by 2)
(xii) Impact of Self-Assessment on determining basis period (When there is a change in
acc date).
1) Under Self-Assessment, the taxpayer need to determine the basis period based on the
principles, when there is a change of accounting date. (Without the need to refer to
DGIR for direction)
2) Although the law states that DGIR will direct the basis periods when there is a change
of accounting date. (However, it will no longer happen in self-assessment!!)
[The explanatory notes to the co. tax return form (Form C) for 2014 provide similar
guidance, where there is a change of accounting date.]
(xiii) How to deal with overlapping basis periods?
1) Section 42(2)
- Prevents double taxation of the same Adj Inc in successive YA, by excluding the
relevant amount when computing the Adj Inc of the 2nd YA (If ady subjected to
tax on 1st YA)
[*After amendment of S,21A (w.e.f. YA 2014) - Less likely the basis periods for
[*After amendment of S,21A (w.e.f. YA 2014) - Less likely the basis periods for
successive YAs to overlap.]
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