GOODS AND SERVICES TAX (GST) 消费税 · 2015-01-28 · -When goods are removed, or...

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GOODS AND SERVICES TAX (GST) 消费税

Transcript of GOODS AND SERVICES TAX (GST) 消费税 · 2015-01-28 · -When goods are removed, or...

Page 1: GOODS AND SERVICES TAX (GST) 消费税 · 2015-01-28 · -When goods are removed, or (当货物被送出去),或-When services are performed ( 当服务被执行) •If

GOODS AND SERVICES TAX (GST)

消费税

Page 2: GOODS AND SERVICES TAX (GST) 消费税 · 2015-01-28 · -When goods are removed, or (当货物被送出去),或-When services are performed ( 当服务被执行) •If

Session 1

Basic concept of GST

消费税的基本概念

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Basic Concept of GS(消费税的基本概念)

• What is GST?

(什么是消费税)

• How does GST work?

(消费税如何操作)

• Proposed GST Model.

(消费税的组别样式)

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What is GST? 什么是消费税

Consumption tax in the form of value added tax.

(以增值税为形式的税务)

• Each stage of business transaction up to the retail stage

of distribution. (涵盖每个商业交易阶段直到零售阶段)

Also known as Value Added Tax (VAT).

(也称为增值税)

GST incurred on inputs is allowed as a credit to the

registered person.

(进项税扣除机制)

• Offset against output tax. (可抵消销项税)

马來西 亞 2014财政预算案决定2015年4月1日起开始实施6%的消费税

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What is GST? 什么是消费税

• 消费税(Goods and Services Tax,简称GST),是一种基于商品或服务增值而征收的税制。

• 目前的销售税及服务税(SST)属于单一层面的征税方式,而消费税则是多层次征税方式。

• 在生产与分销的供应链中,各中间商自行申报消费税。由于中间商可索回消费税,因此对他们而言,这税务不属于生产成本。

• 供应链的每一个层面,即商品及服务的每一个生产及分销层面,包括进口商品及服务,都必须缴付消费税。

• 它是一个取代现有销售税及服务税(SST)的税制。

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GST – Rationale 消费税 - 基本原理 • Replace of current sales and service tax which has

cascading tax effect on certain business.

(取代目前有重叠效应的销售和服务税)

• Self policing and cut down tax evasion because of build in

mechanism.

(自我监管系统和削减漏税)

• Encourage investment by lowering taxes.

(通过降低税收,鼓励投资)

• Broaden the tax based.

(拓宽税收)

在马来西亚,推行消费税是政府在推行税务改革中,计划落实具有效率、透明、亲商及创造稳定收益税制的一部分

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Why Government launches GST ?

为什么政府要推行消费税?

• 现行的消费税制有欠妥善, 为降低税率而寻找替代税制, 现行税制无法配合经济的发展

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http://gst.customs.gov.my

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VAT / GST in Other Selected Countries

增值税/消费税在其他选定的国家

COUNTRY CURRENT RATE (%)

Singapore 7

Thailand 7

Indonesia 10

Vietnam 10

Laos 10

Philippine 12

Japan 8

South Korea 10

Taiwan 5

Australia 10

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What is GST? (什么是消费税)

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What is GST? (什么是消费税)

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What is GST? (什么是消费税)

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GST – Supply

消费税 - 供应

• “Supply” subjected to GST must:

(必须征收消费税的“供应” :)

- it is made in Malaysia;

(它是在马来西亚的供应)

- it is a taxable supply of goods or services; and

(商品或服务的应税供应)

- it is made by a taxable person

(由应税人提出供应)

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GST – Supply

消费税 - 供应

• “Supply” for GST purpose are: (消费税的“供应”是:)

- there must be a transaction between supplier and buyer involving transfer of goods or provision of services; and

(涉及卖方和买方转让商品或提供服务之间的交易)

- there must be a consideration from buyer (货币或非货币性的代价)

• If only one of the condition above fulfilled, there is no “supply” for GST purpose

(如果只有以上一个条件符合,那“供应”没有怔消费税)

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GST – Supply

消费税 - 供应

• Supply of goods: (货源供应)

• involved transfer of title or ownership, credit sale, hire

purchase, etc.

(所有货物转让,赊销转让,租购等)

• Supply of services: (供应服务)

• involved provision of services

(提供服务)

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How Does GST Work? Standard-Rated

(消费税如何运作?标准税率)

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How Does GST Work? Standard-Rated

(消费税如何运作?标准税率)

RM15,000

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How Does GST Work? Standard-Rated

(消费税如何运作?标准税率)

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GST Mechanism消费税机制 • Tax computation on standard rated 标准税率

Business Entity

商家

Sales

銷售

Tax on output

征收稅

Tax on input

預付稅

Net tax paid

消費實稅

Supplier

供應商

10.00 0.60 0 0.60

Manufacturer

制造商

50. 泊00 3.00 0.60 2.40

Wholesaler

批發商

70.00 4.20 3.00 1.20

Retailer

零售商

100.00 6.00 4.20 1.80

GST collected by the government

Final customer pays RM 106.00

6.00

消費稅由終極消費者所承擔, 乃消費成本

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How Does GST Work? Zero-Rated

(消费税如何运作?零税率)

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How GST works? (Zero-rated)

(消费税如何运作?零税率)

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How Does GST Work? Exempt

(消费税如何运作?豁免税率)

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How GST works? (Exempt)

(消费税如何运作?豁免税率)

(消费税如何运作?豁免税率)

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Proposed GST Model – Standard-rated

(消费税的组别样式 - 标准税率)

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Proposed GST Model – Zero-rated

(消费税的组别样式 - 零税率)

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Proposed GST Model – Zero-rated

消费税的组别样式 - 零税率)

Goods: • Agricultural products – padi/ fresh or chilled vegetables, certain

provisionally preserved vegetables

• Essential foodstuff – certain oils, salt, flour, etc

• Livestock and livestock supplies/ poultry

• Eggs & fish

• First 200 units electricity for domestic use for minimum period of 28 days

• Treated water for domestic consumption

• Goods supplied to designated areas (Labuan, Langkawi & Tioman) from Malaysia

• Goods for use as stores & spares on certain voyages/ flights to/ from places outside of Malaysia (including retail merchandise on board such as ships/ aircraft)

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Proposed GST Model – Zero-rated

消费税的组别样式 - 零税率) Services: • A range of services relating to ships & aircraft, including handling services

at ports/ airports, navigation services, salvage services, repairs, maintenance & installation services etc.

• Transport of passengers of goods outside of Malaysia & to & from Malaysia (i.e. not within Malaysia unless such services within Malaysia are supplied by the same supplier ancillary to transportation to & from Malaysia)

• Certain services supplied in connection with goods/ land situated outside Malaysia

• Limited financial services relating to the export of goods outside Malaysia

• Life insurance/ reinsurance where the coverage relates to risk outside Malaysia

• Certain exported telecommunication services & advertising services

• International mail postal services

• Inbound & outbound tour services for a person who belongs outside Malaysia & is outside Malaysia when the services are performed

• Lease of air/ sea container

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GST Haven 免消费稅天堂 • Places in Malaysia that are free from GST

Langkawi

Labuan

Tioman

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Proposed GST Model – Exempt

(消费税的组别样式 - 豁免税率)

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Proposed GST Model – Exempt

(消费税的组别样式 - 豁免税率) Goods: • Land or building used for residential/ agricultural purposes/

for „general use‟, i.e. for the purposes of a burial ground, playground/ religious building

• Financial services

• Private educational services

• Childcare services

• Private healthcare services

• Public Transport services

• Toll highways/ bridges

• Funeral, burial & cremation services

• Supplies made by Societies & similar organisations

• Accommodation – hotels, service apartments, etc. used as a residence for a duration of 28 days

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Proposed GST Model – Out of Scope

(消费税的组别样式 - 范围以外)

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Supplies 供應 Out of scope

supplies

無消費稅范圍 Taxable Exempt

豁免 Standard

標准

Zero

Rate 消費稅率 6% 0% No N/A

Registration

向關稅局注冊

Yes No No N/A

Input tax paid

采購支付消費稅

Yes Yes Yes N/A

Output tax charged

銷售征收消費稅

Yes No No N/A

Tax invoice

稅務發票

Yes No No N/A

GST imposed on

value added

增值上征消費稅

Yes No No N/A

Refund / deducted

from input tax paid

抵扣巳付的預付稅

Yes Yes No N/A

Page 36: GOODS AND SERVICES TAX (GST) 消费税 · 2015-01-28 · -When goods are removed, or (当货物被送出去),或-When services are performed ( 当服务被执行) •If

GST – Place of Supply

消费税 - 供应地点

• Place of supply for goods: - It is treated as supply in Malaysia where the goods are

remove from a place in Malaysia to another place in Malaysia – supply within Malaysia (内地供应)

- It is treated as supply in Malaysia where the goods are remove from a place in Malaysia to another place outside Malaysia – Export (出口供应)

- Removal of goods from one place outside Malaysia to another place outside Malaysia – out of scope supply

(范围以外供应)

- Removal of goods from a place outside Malaysia to a place in Malaysia – Import (入口供应)

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GST – Time of Supply

消费税 - 供应的时间

• Refers to the time when supply is made (basic tax point) in order to determine when is the taxable person should report his GST return

(以确定何时才是应税人应报其商品及服务消费税(基本的税点))

• In general, GST is accounted for the earliest of :

- When goods are removed, or (当货物被送出去),或

- When services are performed ( 当服务被执行)

• If tax invoice is issued within 21 days of basic tax point and no payment has been received, then the time of supply is the date of tax invoice

(如果税务发票在基本的税点21天内发出,没有收到付款,则供应的时间是税务发票的日期)

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GST – Value of Supply

消费税 - 供应的价值 • What is value of supply? (什么是供应的价值?)

• Value of supply referring to consideration received

(供应的价值指供应的代价 )

• Consideration received can be monetary or non-monetary ( 金钱代价或非金钱代价)

• Determination of monetary consideration is:

(金钱代价是)

Consideration = Value + GST

代价 = 物品价值 + 消费税)

• Determination of non-monetary consideration is:

(非金钱代价是)

Value = open market value(物品价值=公开市场价值)

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Session 2 Registration For GST

消费税注册

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GST – Taxable Person 消费税 - 繳税人

• Person who makes or intends to make taxable supplies.

(商家供应着或打算供应征税用品)

• Registered under the Act.

(根据消费税法令注册)

• Includes individual, partnership, firms, companies, club

and associations, society, statutory body etc who involved

in business.

(包括个人,合伙,公司,企业,俱乐部和协会,社会,法定机构等等)

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消费税 - 繳税人的注冊要求与流程

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GST – Registration 消费税 - 注册

• Application for registration may be made manually or

electronically.

• (可以通过上网登记申请)

• Pre-registration before implementation of GST is allowed.

• (实施消费税税之前允许预先登记)

• Voluntary registration is allowed for taxable person

making or intend to make taxable supply.

• 纳税人作出或打算作出征税供应允许自愿登记

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GST – Mandatory Registration

消费税 – 强制注册

• Making taxable supply of goods and services in

Malaysia.

(在马来西亚提供征税物品和服务)

• Taxable turnover exceeded RM500,000 (mandatory

threshold).

(营业额超过RM500,000)

• Taxable turnover is based on the total value of the

taxable supplies for a 12 months period.

(营业额根据12个月的征税供应总数)

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GST – Voluntary Registration

消费税 - 自愿注册

• Who should apply for voluntary registration?

(谁应该申请自愿登记?)

• Taxable turnover below RM500,000

(低于应纳税的50万令吉的营业额)

• Business intend to make taxable supply

(打算提供应纳税物品)

• Malaysia business making taxable supply for overseas market

(提供海外市场的出口)

• Why? 为什么?

• To claim of input tax

(要求进项税回扣)

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Voluntary Registration - at least 2 years

自愿注册- 至少維持二年

• Annual taxable turnover / Sales

• < RM 500,000 ( Threshold)

• 年度營業額不超過RM 500,000

Form GST -01

License to impose & collect GST

Subject to DG’s approval

Malaysia Business Operator

Advantages

All GST paid on purchases

can claim GST refund

預付稅可申請抵扣/ 退稅

GST is not a business cost

消费税不會成為經商成本

No GST 無需征收消費稅

聘請員工處理消費稅, 增加開支, 每三個月或每月呈報消費稅,

面對消費稅稽查.

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Mandatory registration 强制注册 Determination of Twelve Months Period

Historical Method 歷史方法

The historical method is based on the value of the taxable

supplies in any month plus the value of the taxable supplies

for the eleven (11) months immediately before that month. The

determination is explained as in Diagram 1.

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Mandatory registration 强制注册 Determination of Twelve Months Period

Future Method 未來方法

For the future method, the taxable turnover is based on the value of taxable

supplies in any month plus the expected value of taxable supplies for the

eleven (11) months immediately after that month. The determination is

explained as in Diagram 2.

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Effective Date of Mandatory Registration

强制注册的生效日期

Period to

notify Last day to notify

and apply for

registration

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Group Registration 集團注册 • Ease up admin cost especially on salary savings減輕集團的行政費用

• Centralized all GST matters into a company集中集團內公司所有的消費稅事務

• Ease up cash flow for sales within group of companies as it is at GST 0% 舒緩現金流動

• All companies are jointly and severally liable for GST within a group 由集團內所有公司共同和個別承擔

• Company 1,2,3,4 within a group of companies ( >51 % holding)

• 1,2,3,4公司同一集團(不少過51%股權)

• All companies making taxable supplies公司為消費稅征收人

• Company 1,2,3,4 registered GST individually 1,2,3,4 公司需個別注冊為消費稅征收人

• Nominated one company ( company 4) as representative.

• 委任其中一間公司為代表, 稱為消費稅代表公司

• Supply within group of companies are disregarded ( 0% GST)

• 集團公司內部供應無消費稅

• Application for group registration can be made by completing and submitting the

prescribed form GST -02.集團注册需填寫及呈交GST -02

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Group Registration 集團注册

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Group Registration 集團注册 Company 1

Company 2

Company 3

Company 4

Each company must be registered

individually & making wholly

taxable supply

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Divisional/Branch Registration 分行注册

• A taxable person who is carrying on its business in

several divisions or branches upon request and subject to

stipulated terms and conditions can be registered in the

names of those divisions/branches. 繳稅人需以個別分行的業務量作每個分行個別的注册

• Each division/branch will be given a separate GST

identification number and make its own returns. 每個分行需個別注册及緻交消費稅

• However, the taxable person remains accountable for all

GST liability of all divisions/branches繳稅人有絕對的責任繳交每個分行個別的消費稅

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GST – Late Registration Penalty

消费税 - 逾期登记罚款 Late registration (days) Cumulative (RM)

1-30 1,500

31-60 3,000

61-90 4,500

91-120 6,000

121-150 7,500

151-180 9,000

181-210 10,500

211-240 12,000

241-270 13,500

271-300 15,000

301-330 16,500

331-360 18,000

Exceeding 360 20,000

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Responsibilities and Offences (责任与罪行)

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Session 3 :

Tax invoice and

Record Keeping

税務發票与會計記彔

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General rules 基本規則

• GST is accounts on accrued basis, when tax invoice issues, even though no payment received from trade debtors GST 會計以應記基礎為准, 在無任何付款之下商家可發稅務發票

• GST is paid within a month upon expiring taxable period of 3 months 每三個月与每月呈報GST -03消費稅表格

• Sample given to Customers ( No GST) 樣品給予客戶, 無需消費稅

• Private use of business assets (Deemed output tax) 住何私人使用公司資產, 被視為銷項稅

• Gift given in the course of business to customers ( No GST < RM500 per customer per year) 贈送禮品給商業客戶, 不超過 RM 500 為限

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Tax invoice 稅務發票 0% No No tax invoice issued需發出稅務發票

6% Yes Issue tax invoice within 21 days from

time goods delivered ( time of supply)需在貨出后21內發出稅務發票

Exempt No No tax invoice issued无需發出稅務發票

Tax invoices can be issued in the following forms:-

(a) Tax invoice稅務發票

(i) Full tax invoice詳細稅務發票

(ii) Simplified tax invoice簡易稅務發票

(b) Deemed tax invoice 視為稅務發票

(i) Self-billed invoice個人稅務發票

(ii) Invoice or statement of sales by auctioneer代理人稅務發票

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Full tax invoice 詳細稅務發票 • The words 'tax invoice' in a prominent place稅務發票標題

• The invoice serial number稅務發票編號

• The date of issuance of the invoice稅務發票曰期

• The name (or trade name), address and GST identification number of the

supplier 供應商名字, 地址与消費稅號碼

• The name and address of the recipient of the supply 客戶的名字与地址

• A description of the goods and/or services supplied 供應貨品或服務的名稱

• The quantity or volume of the goods and/or services supplied, for example,

litres of petrol, kilos of meat or hours of labour 供應的數量或笵圍, 与未包括消費稅的售价

• Any discount offered 折扣

• The total amount payable excluding tax, the rate of tax and the total tax

chargeable shown as a separate amount 小計售价, 消費稅率,消費稅總額

• The total amount payable including the total tax chargeable 總售价

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Full tax invoice

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Example of full tax invoice

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Simplified tax invoice 簡易稅務發票

• A simplified tax invoice can take the form of an invoice,

receipt, voucher or any other similar document, as long as it

contains the particulars approved by the Director General.

向關稅局總申請如商家發出簡易稅務發票

• A registered person applies to the Director General to allow

him to omit from the full tax invoice the following prescribed

particulars: 己注冊的商家可向關稅局總監在稅務發票上省略以下資料:

• (a) the name and address of the recipient; 客戶的名字和地址

• (b) the price and tax for each item to be shown separately.

每項供應個別的售价与消費稅

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Simplified tax invoice簡易稅務發票

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Tax invoice/ Simplified tax invoice

簡易稅務發票 • Need to issue a tax invoice showing the amount of GST

and the price of the supplies separately.

• The tax invoice has to be issued within 21 days after the time of the supply. 在21 天出貨后發出詳細稅務發票

• Particulars to be shown in the tax invoice:

• Simplified tax invoice which does not have the name and address of the recipient, the maximum of input tax to be claimed must not exceed RM30.00 (6% GST). 只能夠抵扣RM 30 的預付稅

• If the recipient wants to claim the full amount of input tax (more than RM30.00), then he must request for his name and address to be included in the tax invoice. 如超過抵扣RM 30 的預付稅, 必須在稅務發票上填寫個別名字与地址

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Tax Invoice – Mixed Supplies

稅務發票-混合供應

• A supplier may make exempt, zero rated and/or standard rated supplies simultaneously to the same customer

• 此供應為豁免税率, 零税率与标准税率的商品与服務給予同一顧客

• Issues one invoice to document such transactions

• 開發同一發票給予所有交易

• The tax invoice issued must clearly distinguish the taxability of the supplies (exempt, zero rated or standard rated) made

• 開發同一發票并清楚列明所有豁免税率, 零税率与标准税率的商品与服務的供應

• Indicate separately the applicable values and the GST rate charged (if any) on each supply 分開列明所有商品与服務的供應并列出各消費税率

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Tax Invoice – Mixed Supplies稅務發票-混合供應

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Self billed invoice 個人稅務發票

• The issuance of this self-billed invoice by the recipient to himself shall be subject to the following conditions:

• 個人稅務發票是由收貨人開單給予送貨人

• (a) the value at the time of supply is not known by the supplier; 供應的价格是不確定的

• (b) the recipient and the supplier are both registered persons; 收貨人与供應者雙方必須是有消費稅注冊

• (c) the recipient and the supplier agree in writing to a self-billed invoice;收貨人与供應者雙方皆同意開發個人稅務發票

• And (d) the supplier and the recipient agree that the supplier shall not issue a tax invoice.收貨人与供應者雙方皆同意供應者不能開發稅務發票

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Self billed invoice個人稅務發票

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Invoice in a Foreign Currency 外幣稅務發票

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GST Record keeping 消费税的帳目記錄

• Record keeping on GST – 7 years 文件記錄保存至少7

• In English/ Bahasa Malaysia 用英文或國語來保存

• Kept in Malaysia 存放在馬來西亞國內

• All records of goods and services that a person suppliers

or receive in the course of his business ( eg tax invoice,

sales statement, receipts, debit/ credit note, export

declarations) 生意上貨品的文件記錄

• All records of goods imported 所有進口記錄

• Any other supporting documents to show his liability to

GST 其他相關消費稅文件

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Manner of record keeping 文件記錄的形式

• The form to retain the records

a. Physical books of accounts, financial statements and

paper based source documents including computer

printouts of business and accounting records

b. Electronic records 電子文件記錄

c. All details of the accounting system including 會計系統所有資料

• Charts 會計帳戶

• Codes of accounts 會計碼

• System and programs documentation and specification

• Instruction manuals 操作手冊

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Record Keeping 消費稅簿記/ Summary

Sheet 匯總表 • A monthly summary of 每月采購匯總表

• (a) Total acquisition of raw materials, trading stocks,

overhead expenses 所有原物料, 庫存的釆購, 成本花費

• (b) GST ( input tax ) paid on (a)

• A monthly summary of 每月銷售匯總表

• (a) total supply of goods , services in the course of

business所有与商業有關的物品与服務的供應

• (b) GST ( output tax ) charged on (a)

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Summary of total output supplied for taxable period

January 2016

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Summary of total input acquired for

taxable period January 2016

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Session 4: Input tax Credit (进项税回扣)

Credit Notes, Debit notes (退貨單与進貨單)

Bad debt relief and adjustments (坏賬的回扣与調整)

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GST – Input Tax

消费税 - 进项税

• GST cannot be claimed on goods and services which are not

used for business purposes (e.g. for private use)

(私自用品不可以索回进项税回扣)

• Input tax incurred can be claimed by the recipient who is a

registered person (应税人可申请进项税额回扣)

• Claim for input tax can be made in the return GST-03 for the

taxable period in which the supply or importation takes place

(应税人可用GST-03纳税申报表作出纳税申报以申请进项税回扣)

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GST – Input Tax

消费税 - 进项税

• Criteria to fulfill in order to claim input tax credit:

(要求进项税回扣的条件:)

- claimant must be taxable person and making taxable supply

(申请者必须是消费税的繳税人和提供纳税供应)

- must have valid tax invoice under the name of claimant

( 持有有效的税务发票 )

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GST – Blocked Input Tax

消费税 – 不能回扣进项税

• Condition where input tax is non-deductible are:

(不能回扣进项税是 :)

- benefits provided by taxable person to his family members, relatives or employees including medical expenses

(应税人提供给家人,亲戚,应税个人利益或雇员 的福利)

- medical and personal accident premium (医疗及人身意外伤害保险费)

- entertainment expenses (娱乐消费)

- medical expenses for employees (雇员 的医疗费用)

- passenger cars provided as benefit to employee (员工的汽车福利)

- club subscription fees (俱乐部会员费)

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Credit notes and debit notes

退貨單与進貨單

• A credit note is issued when the amount previously invoiced is reduced or a transaction is cancelled for whatever reason.退貨單与任何之前相關的稅務發票退貨或退單有關

• A debit note is issued when the amount previously invoiced is increased for the same supply進貨單与任何之前相關的稅務發票進貨或進單有關.

• Credit and debit notes therefore provide a mechanism to allow a trader to make the necessary GST adjustments in the account to reflect the actual GST liability in his return

• 退貨單与進貨單需适度做消費稅的調整, 以反應GST 稅額真正的繳付.

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Adjustments Due to Credit Notes

Issued 退貨單的調整

Example

Goods sold on 13.07.2015 by company A to company B,

amount RM1,000 plus GST 6%. Goods returned on 5.08.2015

to company A, amount RM212. Credit note issued on

12.08.2015 by company A. Both companies A and B are

following monthly taxable period.

Company A (Seller)

July 2015 GST return:-

Account output tax: RM1,000 x 6% = RM60

August 2015 GST return:-

Decrease output tax: RM212 x 6/106 = RM12

Output tax

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Adjustments Due to Credit Notes

Issued退貨單的調整

Example (continued)

Goods sold on 13.07.2015 by company A to company B,

amount RM1,000 plus GST 6%. Goods returned on 5.08.2015

to company A, amount RM212. Credit note issued on

12.08.2015 by company A. Both companies A and B are

following monthly taxable period.

Company B (Buyer)

July 2015 GST return:-

Claim input tax: RM1,000 x 6% = RM60

August 2015 GST return:-

Decrease input tax: RM212 x 6/106 = RM12

Input tax

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Adjustments Due to Debit Notes

進貨單的調整

Example

On 17.10.2015, company A issued a tax invoice to company B

for RM5,300 (inclusive of GST 6%). On 6.11.2015, company A

raised a debit note for the amount of RM1,060 (inclusive of

GST 6%). Both companies A and B are following monthly

taxable period.

Company A (Seller)

October 2015 GST return:-

Account output tax: RM5,300 x 6/106 = RM300

November 2015 GST return:-

Increase output tax: RM1,060 x 6/106 = RM60 Output tax

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Adjustments Due to Debit Notes

進貨單的調整

Example (continued)

On 17.10.2015, company A issued a tax invoice to company B

for RM5,300 (inclusive of GST 6%). On 6.11.2015, company A

raised a debit note for the amount of RM1,060 (inclusive of

GST 6%). Both companies A and B are following monthly

taxable period.

Company B (Buyer)

October 2015 GST return:-

Claim input tax: RM5,300 x 6/106 = RM300

November 2015 GST return:-

Increase input tax: RM1,060 x 6/106 = RM60 Input tax

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List of invoice for credit note/debit note as at

September 2015

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GST on bad debts / Bad debt relief

坏賬的索回与調整

• Debtors insolvent, bankruptcy, can not be traced

• 債務人己宣告破產, 無法尋獲

• Sufficient effort have been made to recover the debt

己經付出相當足夠的努力做催收

• Send reminder letter 多次寄送催收提醒函

• Notice send to trade debtor 己發出通知給予債務人

• Non payment from trade debtor 6 months from

invoice date. 長達6個月無法收款

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Example of a record for GST Bad debt claim

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GST on bad debts /

Bad debt relief坏賬的回扣与調整

• Illustration of bad debt relief claim

17 May 2015

Sale of goods

30 June 2015

Return

Declaration

16 November 2015

Customer still has

not paid

31 December 2015

Declaration of bad

debt in the return

6 months elapsed

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Bad debt relief坏賬的索回与調整

Adjustments due to bad debt

• Supplier is entitled to bad debt relief

• Supplier claims as input tax in the return for the taxable period

in which the bad debts are given relief

• Input tax amount to be claimed is computed as follows:

Where

A1 = the payment not received in respect of the taxable supply

B = the consideration for the taxable supply

C = the tax due and payable on the taxable supply

• Buyer account as output tax in the return for the taxable

period in which the bad debts are given relief

Input tax = A1

X C B

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Example:

Invoice

Payment

10 July 2015

RM53,000 (inclusive of

GST RM3,000)

5 September 2015

RM42,400

Balance of RM10,600

unpaid after 6 months

from invoice date

Input tax claimable = RM10,600

X RM3,000 RM53,000

= RM600

GST-03:

RM3,000

(output tax)

Bad debt relief

坏賬的索回与調整

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Bad debt relief 坏賬的索回与調整

If buyer who is a taxable person fails to pay his supplier the

consideration (wholly / part) on the supply after the period of

6 months:- . 長達6個月無法向客戶收款

• Required to account for GST on the outstanding amount

owed to the supplier, if already claimed input tax 無法如期還款給予供應商被視為進項稅

• Deemed to be his output tax 但之前巳視為銷項稅

• Account the output tax in the taxable period after the period

of 6 months in his GST return (GST-03) 并在課稅期6個月內呈報為銷項稅( GST 03)

• If he has ceased to be a registered person and claimed the

input tax previously, to account tax in the GST-04 form. 可填

寫GST 04索回進項稅

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Session 5 : Taxable period, accounting basis,

furnishing of returns and payment of tax

消費稅課稅期,呈報消費稅表格与消費稅的繳付

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GST Taxable Period 消費稅課稅期

Taxable Period 消費稅課稅期

• Regular interval period where a taxable person accounts and pays GST to the Government

• To determine at the time when the GST registration is approved

• Quarterly basis 每三個月

• For businesses with annual turnover not exceeding RM5 million年度營業額不超過RM 500 万的商家

• Monthly basis每個月

• For businesses with annual turnover exceeding RM5 million年度營業額達到或超過RM 500 万的商家

• A taxable person may apply in writing to Director General for other taxable period

• 消費稅征收人可以書面向消費稅總監申請更換消費稅課稅期

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Accounting for GST 消費稅之會計處理

• Basically, all taxable persons will be required to account for GST based on accrual 應計基礎(invoice) basis of accounting i.e. all output tax and input tax are to be accounted and claimed based on the time when the invoice was issued or received.

• However, certain categories of taxable persons may be allowed to use the payment 現金基礎(cash) basis of accounting. This facility may be given to businesses who carry out their activities solely on a cash payment basis.

• All business and accounting records relating to GST transactions are to be kept in Bahasa Melayu or English for a period of seven (7) years. 國語及英語會計記錄長達7年

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Submission of GST return

呈報消費稅表格( GST-03)

Last day for filing return 最后呈報消費稅表格日

• Not later than the last day of the month following after the end of the taxable period 不可延后至最后呈報消費稅表格日

• Late filing return commits an offence and be liable to a fine not exceeding RM50,000 or to imprisonment not exceeding 3 years or to both 如有延誤, 最高刑罰高達RM 50,000 及不超過3 年監禁或兩者兼施.

Last day to pay tax 最后繳交消費稅日

• Not later than the last day on which he is required to furnish the return 不可延后至最后繳交消費稅日

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Submission of GST return

呈報消費稅表格( GST-03)

When to submit GST return and pay tax

呈報消費稅表格

• Monthly taxable period 每個月

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Submission of GST return

呈報消費稅表格( GST-03)

When to submit GST return and pay tax

呈報消費稅表格

• Quarterly taxable period 每三個月

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GST Return呈報消費稅表格( GST-03)

Cancellation / Deregistration消費稅的撤銷与停止注冊

When to submit GST final return

• Any taxable person who ceases to be registered has to

furnish a final GST return not later than 30 days from the

date he ceased to be registered 呈報消費稅表格必須在停止注冊30 天內

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Submission of GST return

• GST return (GST-03) and payment must be submitted not later than the last day of the month following the end of taxable period

• 課稅期結束后的–個月內, 使用GST-03表格呈報給關稅局

呈報消費稅表格( GST-03)

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Submission of GST return呈報消費稅表格

GST charged on

taxable supplies

GST paid on

business purchases

Net GST

Refund to

taxable person

Pay GST to

Government

Less

Equals

Plus (+) Minus (-)

Output Tax

Input Tax

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Submission of GST return呈報消費稅表格

Example (payment):

• Calculation of output tax

• Value of taxable supplies made

• Output tax

• Calculation of input tax

• Value of taxable supplies received

• Input tax

• Net tax payable / refundable

• GST payable (2 – 4)

• GST refundable (4 – 2)

RM800,000

RM48,000

RM500,000

RM30,000

RM18,000

1

2

3

4

5

6

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Submission of GST return呈報消費稅表格

Example (refund):

• Calculation of output tax

• Value of taxable supplies made

• Output tax

• Calculation of input tax

• Value of taxable supplies received

• Input tax

• Net tax payable / refundable

• GST payable (2 – 4)

• GST refundable (4 – 2)

RM400,000

RM24,000

RM500,000

RM30,000

RM6,000

1

2

3

4

5

6

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Payment of GST消費稅的繳付

if your output tax exceeds the input tax, the difference shall be remitted to the

Government together with the GST returns not later than the last day of the

following month after the end of taxable period. Online payments through:

• Banks (to be appointed) 指定銀行

• Internet facilities 電子网絡

Manual payment繳付方法

Payment via cheque/bank draft/money order (付款以支票, 銀行匯票或郵政匯票)

must be made payable to 'Ketua Pengarah Kastam' and mail to:

• Ketua Pengarah Kastam

Jabatan Kastam Diraja Malaysia

Pusat Pemprosesan GST

Kompleks Kastam Kelana Jaya

No.22 Jalan SS6/3 Kelana Jaya

47301 Petaling Jaya

Selangor

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Penalty 逾期繳消費稅

Non payment /late payment will subject to penalty

• The penalty will be cumulative累積罰款率

• Maximum penalty is 25% upon 6 months累積罰款率高達25%至6個月

Tax remains unpaid

逾期繳消費稅

Rate of penalty

罰款率

Cumulative

累積罰款率

1-30 days 5% 5%

31-60 days 5% 10%

61-90 days 3% 13%

91-120 days 3% 16%

121-150 days 3% 19%

151- 180 days 3% 22%

181 days or more 3% 25%

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Session 6 :

GST Impact to Business

消费税对企业的影响

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GST – Responsibility 消费税 - 责任 • To submit GST return on timely basis

(提交消费税呈报)

• To maintain a proper accounting records

(要保持适当的会计纪录)

• To collect and remit GST to Customs on timely basis

(收取消费税及呈交给关税局)

GST – Penalty 消费税 - 刑罚

• Failure to keeps records

(如果不保持记录)

• not exceeding fifty thousand ringgit or

(罚款不超过五万令吉)

• to imprisonment for a term not exceeding three years

(监禁不超过三年)

• or to both. (或两者兼施)

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GST – Impact To Business

消费税 – 对业务的影响

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GST – Impact To Business

消费税 – 对业务的影响

• Impact On Profitability ( 对盈利的影响)

• Eventually businesses are just act as a collecting agent for Custom via charging GST to their customers and remit the tax to Royal Custom of Malaysia (企业只是代理 )

• There will not have any impact to business‟s profit

(不会对企业的利润有任何影响)

• However, for business who make exempt supply, input tax is not allowed to claim as credit

(企业提供免除供应,进项税额不得要求回扣)

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GST – Impact To Business

消费税 – 对业务的影响 • Impact On Cash Flow (对现金流的影响)

• Taxable person is accounted for GST in accordance to

accrual basis

(应税人按照税务发票计算应付消费税)

• Businesses need to pay GST in advance in each

taxable period on output tax collected after claim of

input tax

(企业需要提前缴纳消费税)

• Businesses need to improve in their collection process

in order to minimise the cash flow impact

(企业需要尽量减少消费税对现金流的影响)

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GST – Impact To Business

消费税 – 对业务的影响 • Tax Invoice (消费税发票)

• Registered person shall issue tax invoice in the course of business:

(经营者需要发消费税发票)

- containing all particulars as required by DG

(要求包含所有细节)

- within 21 days after tax point (21天内发消费税发票)

- stated clear the value and GST levied on invoice

(明确规定征收消费税的数额)

• Simplified tax invoice: (简化消费税发票)

- does not containing all particulars if GST claim not more

than RM30 (不包含所有细节,但回扣消费税不超过RM30)

• All tax invoice must issue in Ringgit Malaysia

(所有消费税发票必须注明马来西亚令吉)

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GST – Impact To Business

消费税 – 对业务的影响 • Manpower (人力资源)

• Manpower requirement with necessary

knowledge on handling GST

(人力资源处理消费税所需的知识)

• This will increase the operating costs of

business

(将增加企业的经营成本)

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GST – Impact To Business

消费税 – 对业务的影响

• Changes on existing system to cater for GST

(更改现有的会计系统以应付消费税)

• Invoicing system able to issue tax invoice according

to the requirement

(系统能够销存发出消费税务发票)

• Accounting system need to upgrade to include

additional GST Module

(会计系统需要升级到包括消费税软件)

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GST – Pros and Cons 消费税 - 利与弊

Advantages: (利)

• Most large, established businesses are GST registered – getting your business GST registered is often a signal to customers that your business is an established business and has certain size

(给于客户一个全新的概念,你的企业是一稳定的企业)

• In line with the implementation of GST, income tax will be lower(调低所得税)

• Encourage businesses to put in best practice in business process. ie, encourage of proper filing system, encourage on more efficient of collection process etc.

(鼓励企业实践最佳的业务流程)

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GST – Pros and Cons 消费税 - 利与弊

Disadvantages: (弊)

• It increase the administrative burden to businesses for the

compliance ( 增加行政负担)

• Increase in operating costs as it might need more

manpower or system maintenance costs (增加经营成本)

• For businesses provide exempt supply might need to higher

their selling price as they are not allowed to claim input tax

(企业提供免税供应可能需要提高销售的价格)

• for small businesses who are not register under GST, their

customers (not end users) are not allowed to claim input tax

(没有根据消费税注册的小企业,他们的客户(而不是最终用户)不得要求进项税回扣)

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GST – Preparing for GST

消费税 – 对消费税的准备

• Training of employees (员工培训)

• Understand the laws and regulation of GST (了解消费税)

• Ensuring accounting system and invoicing system cater

for GST submission and keeping of necessary records

(提升会计系统以应付消费税的实行)

• Proper documentation for facilitating the claim of input tax

(适当的文件储存 )

• Identify the impact on cash flow (对现金流的影响)

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Why is it important to look into getting ready

NOW? (为什么要为现在做好准备?)

1. Gain competitive advantages (竞争优势)

• 2. Avoid heavy penalties and fine (避免沉重的罚款)

3.Negotiation of contracts (商量合约条款)

4. Adequacy of resources (足够的知识资源)

5. To register or not (决定申请与否)

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The Proposed Timeline(建议时间表)

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What’s Your Next Steps? (下一步)

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Enhancing Skills For Greater Success