Submission of Estimated Tax Payable Under Section 107C of The Income Tax Act 1967 (ITA)

Taxpayers categorized as companies, limited liability partnerships (LLPs), trusts, and cooperatives are required to submit the Estimated Tax Payable Form (Form CP204) annually and pay the estimated tax according to the prescribed schedule.

Submission of Form CP204 and Revised Estimate of Tax Payable Form (Form CP204A) via e-Filing under Subsection 107C(7A)

  1. Companies are required to submit Form CP204 and Form CP204A via e-Filing starting from the Year of Assessment 2018.
  2. LLPs, trusts, and cooperatives are required to submit Form CP204 and Form CP204A via e-Filing starting from the Year of Assessment 2019.

The submission method utilizes a digital certificate through:

  1. The Tax Agent e-Filing System (TAeF) for all types of tax files.
  2. The Organization e-Filing System (OeF) for company directors across all file categories.

e-CP204 Submission Period

For companies already in operation:
Under subsection 107C(2) of the ITA, companies, LLPs, trusts, and cooperatives that are already operating must submit the e-CP204 no later than 30 days before the commencement of the basis period for a year of assessment.

For newly established companies:
Under paragraph 107C(4)(a) of the ITA, for companies, LLPs, trusts, and cooperatives that are newly established and have a first basis period of not less than six (6) months for a year of assessment, the e-CP204 must be submitted within three (3) months from the date operations begin.

The requirement to submit the e-CP204 no later than 30 days before the commencement of the basis period for a year of assessment, as stated under subsection 107C(2) of the ITA, applies only starting from the second year of assessment, according to paragraph 107C(4)(b) of the ITA.

Example:

  1. Mawar Sdn. Bhd. was incorporated on 27.02.2021 and commenced business operations on 03.04.2021. Its first accounting period ended on 31.12.2021 (9 months). The company must submit the e-CP204 for the Year of Assessment 2021 no later than 30.06.2021, which is three (3) months from the commencement date of its business operations.

    Monthly installment payments will commence in the 6th month of the basis period for the Year of Assessment 2021, i.e., from the September 2021 installment to May 2022.

  2. Ros Sdn. Bhd. was incorporated on 27.02.2021 and commenced business operations on 03.04.2021. Its first accounting period ended on 31.12.2021 (9 months). The company must submit the e-CP204 for the Year of Assessment 2021 no later than 30.06.2021, which is three (3) months from the commencement date of its business operations.

    Monthly installment payments will commence in the 6th month of the basis period for the Year of Assessment 2021, i.e., from the September 2021 installment to May 2022.

Minimum Amount of Estimated Tax

Subsection 107C(3) of the ITA stipulates that the minimum amount of estimated tax for a year of assessment must not be less than 85% of the amount of the revised estimate of tax or the amount of the original estimated tax (if no revision is submitted) for the preceding year of assessment.

Companies, LLPs, trusts, and cooperatives that are newly established can determine the estimated tax payable for the first year of assessment based on the company's projected profits. The estimated tax payable for the first year of assessment will serve as the basis for determining the estimated tax for the subsequent year. The determination of the minimum amount under subsection 107C(3) of the ITA applies only starting from the second year of assessment, as stated in paragraph 107C(4)(b) of the ITA.

Payment Schedule

  1. For companies, LLPs, trusts, and cooperatives already in operation, Subsection 107C(5) of the ITA stipulates that the estimated tax payable must be paid to the Director General of Inland Revenue (DGIR) in equal monthly installments, calculated based on the number of months in the basis period. Each installment must be paid no later than the due date, starting from the 2nd month of the basis period for the year of assessment for which the estimate is submitted.

  2. For newly established companies, LLPs, trusts, and cooperatives, Subsection 107C(6) of the ITA requires the estimated tax payable to be paid to the DGIR in equal installments, calculated based on the number of months in the basis period. Each installment must be paid no later than the due date, starting from the 6th month of the basis period for the year of assessment for which the estimate is submitted.

  3. The due date for each installment is the 15th day of the calendar month, as specified under subsection 107C(12) of the ITA.

Start date of the basis period

Submission Deadline Date

Month Installment Payment Begins

01/01/2023

01/12/2022

Feb 2023

01/02/2023

01/01/2023

Mar 2023

01/03/2023

29/01/2023

Apr 2023

01/04/2023

01/03/2023

May 2023

01/05/2023

31/03/2023

June 2023

01/06/2023

01/05/2023

Jul 2023

01/07/2023

31/05/2023

Aug 2023

01/08/2023

01/07/2023

Sept 2023

01/09/2023

01/08/2023

Oct 2023

01/10/2023

31/08/2023

Nov 2023

01/11/2023

01/10/2023

Dec 2023

01/12/2023

31/10/2023

Jan 2024

Example:

Estimated Tax Amount in the Basis Period

RM130,000

Basis Period

01/01/2023 – 31/12/2023

Number of Installments in the Basis Period

12

First Installment Starting on February 15 and Ending on January 15 of the Following Year

130,000/12    = RM10,833.33

Installment 1-11 = RM10,833

Installment 12    = RM10,837

Note: If there is a fractional amount when the estimated tax is divided by the number of months in the basis period, the fractional amount should be added to the final installment.

Failure to Submit Form CP204

If a company, LLP, trust, or cooperative fails to submit Form CP204:

  1. The DGIR will determine the estimated tax payable for a year of assessment by issuing a Notice of Instalment Payment (CP205) under subsection 107C(8) of the ITA.

  2. Prosecution action under paragraph 120(1)(f) of the ITA may be taken. If convicted, the penalty could be a fine of not less than RM200 and not more than RM20,000, or imprisonment for a period not exceeding 6 months, or both.

Amendment of Estimated Tax Payable via Form CP204A

  1. According to subsection 107C(7) of the ITA, companies, LLPs, trusts, and cooperatives are allowed to amend the estimated tax payable by submitting e-CP204A.

  2. Form CP204 for a year of assessment can be amended in the 6th, 9th, or 11th month, or in all three of these months within the basis period for a year of assessment:
    1. If the amendment is made in the 6th month, the revised installment may take effect starting from the 5th or 6th installment.
    2. If the amendment is made in the 9th month, the revised installment may take effect starting from the 8th or 9th installment.
    3. If the amendment is made in the 11th month, the revised installment will take effect from the 11th installment.

Determination of Revised Installment Amount

The remaining tax installments after the amendment will be adjusted using the following approach:

  1. If the revised estimated tax exceeds the original installment amount, the remaining estimated tax payable must be paid in installments based on the remaining number of months for payment.

    Example:

    Basis Period for Year of Assessment 2023

    01.01.2023 – 31.12.2023

    CP204 Submission Deadline Date

    01.12.2022

    Original Estimated Amount in the Basis Period

    RM120,000

    (RM10,000 monthly)

    Revised Estimated Amount in the 6th Month (Effective Starting from the 6th Installment)

    RM260,000

    Monthly Installment Calculation for the Remaining 6th to 12th Installments

    = (RM260,000 – RM50,000)/ 7

    = RM30,000 monthly

    Installment Schedule After Amendment

    No. of Installments

    Due Date

    Original Amount (RM)

    Revised Amount (RM)

    1

    15.02.2023

    10,000.00

    10,000.00

    2

    15.03. 2023

    10,000.00

    10,000.00

    3

    15.04. 2023

    10,000.00

    10,000.00

    4

    15.05. 2023

    10,000.00

    10,000.00

    5

    15.06. 2023

    10,000.00

    10,000.00

    6

    15.07. 2023

    10,000.00

    30,000.00

    7

    15.08. 2023

    10,000.00

    30,000.00

    8

    15.09. 2023

    10,000.00

    30,000.00

    9

    15.10. 2023

    10,000.00

    30,000.00

    10

    15.11. 2023

    10,000.00

    30,000.00

    11

    15.12. 2023

    10,000.00

    30,000.00

    12

    15.01.2024

    10,000.00

    30,000.00

    Total

    120,000.00

    260,000.00

  1. If the revised estimated tax is less than the original installment amount, installment payments for the following months should be stopped.

    Example:

    Basis Period

    01.04.2023 – 31.03.2024

    CP204 Submission Deadline Date

    01.03.2023

    Original Estimated Amount in the Basis Period

    RM360,000

    (RM30,000 monthly)

    Revised Estimated Amount in the 9th Month (Effective Starting from the 8th Installment)

    RM200,000

    Monthly Installment Calculation for the Remaining 8th to 12th Installments

    =(RM200,000–RM210,000)/5

    = None

    Installment Schedule After Amendment

    No. of Installments

    Due Date

    Original Amount (RM)

    Revised Amount (RM)

    1

    15.05.2023

    30,000.00

    30,000.00

    2

    15.06.2023

    30,000.00

    30,000.00

    3

    15.07.2023

    30,000.00

    30,000.00

    4

    15.08.2023

    30,000.00

    30,000.00

    5

    15.09.2023

    30,000.00

    30,000.00

    6

    15.10.2023

    30,000.00

    30,000.00

    7

    15.11.2023

    30,000.00

    30,000.00

    8

    15.12. 2023

    30,000.00

    0.00

    9

    15.01.2024

    30,000.00

    0.00

    10

    15.02. 2024

    30,000.00

    0.00

    11

    15.03. 2024

    30,000.00

    0.00

    12

    15.04. 2024

    30,000.00

    0.00

    Total

    360,000.00

    210,000.00

Further Inquiries

For any further questions regarding CP204/204A, please contact the Tax Information And Record Management Section (Tax Operations Department) via email at anggarancukai@hasil.gov.my.