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Mid sem exam

MBAC 4163
Answer Scheme

Question 1
RM
Cost of machinery 150,000
Cost of preparing site for installation 460,00/
Total cost 610,000

Cost of preparing site = RM460,000 X 100 = 75.4% > 75%


Total cost RM 610,000
Since the cost of preparing the site for installing the machinery is more than 75% of the total
cost, therefore RM10,000 is deemed to be an expenditure on industrial building.

Question 2
RM RM
YA 2008 Qualifying building expenditure 3,600,000
(YA 31/12/2007)/ Initial allowance
(10% x RM3,600,000) 360,000
Annual allowance
(3% x RM360,000) 108,000 (468,000)
Residual expenditure 3,132,000
YA 2009 to 2010 Annual allowance
(3% x RM3,600,000X 2 yrs) (216,000)
Residual expenditure 2,916,000
YA2011 Notional allowance
(2% x RM3,600,000) (72,000)
Residual expenditure 2,844,000
YA2012 Annual allowance
(3%x RM3,600,000) (108,000)
Residual expenditure 2,736,000
YA 2013 Annual allowance
(3% x RM360,000) (108,000)
Residual expenditure ,2628,00/

1
c. RM RM

Qualifying expenditure 100,000


YA 2015
IA(10%) 10,000
AA(3%) 3,000 13,000
RE 87,000

YA 2016
AA(3%) 3,000
RE 84,000

YA 2017
AA(3%X100,000) 3,000
RE 81,000

Question 2

i. Contract payment to Pico.Ltd.


The non service portion of the contract payment (80% of the total contract
payment) would not be subject to withholding tax. Withholding tax rate of 13%
(10+3%) is applicable to the 20% service portion.(2 marks)

ii. Late payment to Pico.Ltd


No withholding tax under sec 109 as the interest is attributable to a permanent
establishment in Malaysia (2 marks)

iii. Technical service fees to Australian company


Withholding tax provisions are not applicable as the services are entered
outside Malaysia by the Australian company (2 marks)

a) i) Scope of WHT

i. Special classes of income – s109B of ITA,1967. Tax rate is 10% and it is final
tax. (1/2 mark)
ii. Interest received by resident and non-resident – s109C (on resident –5%)
and s109 (non-resident – 10%) The tax is final. (1 mark).

2
iii. Royalty – s109 – 15%. The tax is final. (1/2 mark)

iv. Contract payment – s 107A of ITA ,1967. The tax rate is 10+3% and the tax is
not final. (1 mark)

v. Payment for public entertainers – s109A. tax rate is 15% and it is final tax.
(1/2 mark)

vi. Other income (s 4f) – tax rate is 10% and it is final (1/2 marks)
(4 marks)
ii)
Payment Withholding tax (WHT)
1 RM15 mil - Plant & WHT is not applicable on the contract payments which
equipment represent the supply of plant (materials) – (1 mark)
2 RM1 mil - rental Payment for lease of the plant is a special class of income
equipment under s4A and to a non-resident (1 mark). subject to 10%
WHT (1 mark). The tax is final (1 mark)
3 RM 300 000 for WHT is not applicable on the contract payments as it does
shipment not represent service under a contract or technical
services – (1 mark)
4 RM 2.5 million WHT is applicable under s107A at the rate of (10+3) % (1
installation work mark) on the installation work as it is payment to non-
performed locally resident contractor for services performed in Malaysia. (1
mark). The tax is not final . (1 mark)
5 RM 100,000 as Since interest is the responsibility of Malaysian
interest charged government, it would deem to be derived in Malaysia. (1
for late payment mark) Subject to WHT at 15% rate under s109(1) (1
mark). The tax is final

(10 marks)