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Introduction Individual Income Tax

What is Income Tax?

Income tax is a tax imposed each year on individuals who receive income of a revenue nature such as:

  • Gains / profit from a business;
  • Gains / profit from employment;
  • Dividends, interest or discounts;
  • Rent, royalties or premiums;
  • Pensions, annuities or other periodic payments; and
  • Gains / profit not falling under any of the foregoing paragraphs.

The Income Tax Act 1967 (ITA) enforces administration and collection of income tax on persons and taxable income.

The Inland Revenue Board of Malaysia (IRBM) is one of the main revenue collecting agencies of the Ministry of Finance.

Who is Taxable?

Income tax shall be charged for each year of assessment upon the income of any person accruing in or derived from Malaysia or received in Malaysia from outside Malaysia

An individual whose total taxable income EXCEEDS the threshold value must register for an income tax file.

The scope of taxation for an individual depends on their residency status.

Resident individuals are taxed according to tax rates and are eligible for tax reliefs in accordance with section 45A to 49 of the Income Tax Act 1967. Meanwhile, non-resident individuals are taxed at a flat rate of 30% and are not eligible to enjoy any reliefs.

Any source of income derived from outside Malaysia and received in Malaysia is tax exempted.

When is Taxable?
Individual: Employment Income

Individuals who receive annual employment income exceeding RM37,333 and those subject to Monthly Tax Deductions (MTD) are eligible to be taxed

The calculation of individual threshold of non taxable income is taking into account after the deduction of annual gross income with eligible individual reliefs and tax rebates.The basic individual reliefs may include individuals and his dependent relatives dependents as well as husband / wife and children (under the age of 18 years old) for married individuals, whilst the individual rebate (RM400) and spouse (RM400 – if applicable) is allowed if the individual’s taxable income is not more than RM35,000.

Below is the threshold of an individual's NON TAXABLE income according to the type of assessment:

Type Of AssessmentAnnual Income
(RM)
Monthly Income
(RM)
Self
(Single / Widower/ Divorcee / Spouse with no source of Income)
37,3333,111
Separately
1. Married with no Child37,3333,111
2. Married with 1 Child  
3. Married with 2 Children41,3333,444
Joint
1. Married with no Child48,0004,000
2. Married with 1 Child50,0004,167
3. Married with 2 Children52,0004,333

Notes:

  • The total relief of RM9,000 is for an individual in respect of himself and his dependent relatives
  • The total relief for each unmarried child and under the age of 18 years old is RM2,000
  • The total eligible tax rebate (self, husband / wife) is restricted to individual’s taxable income up to RM35,000

Gains or profits from carrying on a business, trade, vocation, or profession are liable to tax (inclusive of Shadow Economy businesses)

Business includes:

  • Sole Proprietorship/Self Employed
    • Individual carrying on a business on his own
  • Partnership
    • Includes any business venture of two or more individuals combining ownership, authority, work force or skill in running a business where profits are shared. Partnership can exist between :
      • Individuals
      • Two companies
      • Individual and Company
      • Individual and trustee

Examples of Business : 

  • Sundry business
  • Night market / Stalls
  • Online Business (digital economy)
  • Actor / Singer / Influencers / Product Ambassador
  • Commission / Tuition Centres / Lecturer
  • Direct selling / Stockist
  • Copywriting / Youtuber / Blogger
  • Agriculture and farming
  • Clinics, Law Firms or other Professional practitioners
  • Taxi drivers / e-hailing

 

How to file your Tax?
1. Self Assessment System (SAS)

Self Assessment System (SAS) is based on the concept of Pay, Self Assess and File.

Self assessment means that taxpayer is required by law to determine his taxable income, compute chargeable income tax, submit the income tax return form and make tax payment for the year of assessment concerned.
Notice of assessment wil not be issued under SAS as the ITRF submission itself is the final assessment notice.

Below are type of forms used to declare income

  1. BE Form: Resident individual with employment income and does not carry on business.
  2. B Form: Resident individual who carry on business with employment and other income.
  3. M Form: Non-resident individual who carry on business with employment and other income.

The residency status of individuals is subject to Section 7, Income Tax Act 1967.

Monthly Tax Deduction (MTD) as Final Tax has been enforced starting from the Year Assessment of 2014 whereby individuals with employment income and (MTD) have the option not to furnish ITRF to IBRM.

Requirements:

  • Works with one employer
  • Husband or wife does not opt for joint assessment under section 45 of the ITA.
  • MTD is deducted in accordance with the Income Tax (Deduction from Remuneration) Rules 1994 or MTD not applicable as income below the deductible level (MTD ‘0’). MTD must be made upon Benefits-In-Kind (BIK ) and Value of Living Accomodation (VOLA)
  • Working for twelve months in the basis period with the same employer
  • Employees who have just started employment within less than 12 months in the year of assessment
  • All employment income received for a particular period in the current year inclusive of previous year's employment taxable income in the year it is received as provided under subsection 25 (1) of the ITA. Any gross income from an employment is receivable in respect of any particular period, it shall, when received in the relevant period, be treated as the gross income of the relevant person for the relevant period as per subsection 25(1) such as:
    • wages,
    • remuneration,
    • tip,
    • allowance,
    • commission,
    • overtime salary,
    • bonus,
    • perquisite,
    • skim opsyen saham pekerja,
    • tax borne by employer,
    • director fee,
    • gratuity including deferred payment on termination of employment (not exempted under any provision of the act),
    • leave pay received as an advance in case of termination
    • other remuneration related to employment
  • The employment income receivable in the following year (whether received or not) on an individual who has left of will be leaving Malaysia in which he is a non-resident in the following year, will be taxed in the year he leaves Malaysia permanently as provided under subsection 25 (6) of the ITA.
  • Individual Criteria :
    • Cessation of employment
    • Leaving Malaysia
    • Non -residents in the following year have the options of:
      • Gross income from the employee’s employment will cease to be derived from Malaysia on the expiration of a period of leave following the employee’s departure from Malaysia (Subsection 25(6) ITA 1967)
      • Gross income from an employment is receivable in respect of any particular period, it shall, when received in the relevant period, be treated as the gross income of the relevant person for the relevant period (Subsection 25(1) ITA 1967)
      • pendapatan penggajian akan dikenakan cukai dalam tahun ianya diterima.
Why must we pay Tax?
  1. Revenue is used by the government to govern and manage Malaysia and its development expenditure.
  2. The Government allocates and spends tax collections for the purpose of national security, physical development and infrastructure such as roads, hospitals, schools as well as economic and social development such as health services, education and welfare of the people
How to Submit Income Tax Return Forms (ITRF)?
Income Tax Return Forms can be submitted by two (2) methods:
  1. By submitting the Tax Return Form manually to the Tax Record & Information Management Section, HASiL
    • Kindly refer guide notes / explanatory notes which can be accessed from HASiL official portal before filling up
    • Tax Return Form and guide notes / explanatory notes may be accessed from HASiL official portal www.hasil.gov.my > Forms > Download Forms > Individual > Year of Assesment. Next, refer to the Guidebook / Explanatory Notes according to the relevant form type
  2. By submitting the Tax Return Form online through the e-Filing platform in the MyTax https://mytax.hasil.gov.my.