TLOG’s a tumbling tod…

I know the Taxy hasn’t been making regular stops of late. Blame the traffic. Anyways, just realised that the Taxy Stand is a year old today.

I am fed up with paying taxes!

Sorry…. knee-jerk reaction.

Zones… the new Corridors

I suppose the new PM is merely trying to distance himself from his predecessor, that man who spent a mind blowing amount of our future generations’ money on “corridors”. I mean, ”zone” sounds nothing like “corridor”, does it? Here’s the news today. A few things of note…

1. Yes, I sometimes still read comics because I need a laugh the Star. 
2. 10 years of tax exemption is so… lame last generation’s incentive. What’s so new about the economic model?
3. I sezzzz…. Port Kuantan (ahem) Zone should have some very familiar initials, don’t y’all think?

Dumb definitions

I guess this is similar to the nonsensical definition for what a “Malay” is in our Constitution.

The definition of “offshore business activity” in the LOBATA….

“offshore business activity” means an offshore trading or an offshore non-trading activity carried on in or from Labuan in a currency other than the Malaysian currency by an offshore company with non-residents or with another offshore company, but does not include shipping operations; provided that:-

(a) in relation to an offshore company carrying on an offshore banking business, such activity may be carried on with residents and where permitted under subsection (2) of section 20 of the Offshore Banking Act 1990, transactions may be carried on in Malaysian currency;

(b) in relation to an offshore company carrying on an offshore insurance…

… (f) the Minister may approve the carrying on of such activity with resident or such transactions in Malaysian currency;

Don’t bother searching for the definitions of offshore trading or non-trading. The furthest you’ll get to is “…. not onshore”.

Yes, the currency confusion ain’t much help either.

It’s not going to work…

This has noble intentions. But it ain’t gonna fly.

Firstly, there isn’t anything new about replacing federal income tax with zakat payments for Muslims, which is essentially a tax rebate. That has always been an available option for them.

Secondly, there isn’t any federal legislation that allows a non-Muslim a similar option to replace their federal income tax with anything else. The closest thing we’ll ever get to that are approved donations. Approved donations get deducted before the tax rates are applied and there’s a limitation on even that. In the end, whatever’s left is still subject to tax at the individual’s applicable rate…. unless, of course, that individual donates his entire earning to the government.

Thirdly, the federal government ain’t gonna pass any law to change the second point above to be in line with point one for the non-Muslims.

Lastly, I’m disappointed with Pakatan for coming up with this “instant noodle” solution which is essentially a one-hand-trying-to-clap-for-political-protest of the federal government’s management of our income taxes. If they had half a brain, BN worshippers will be scrambling to ridicule this.

Excuse me?

I know this is not really tax related, but it’s the big news for the day and I am seriously confused over it.

The news: Here.

The extract…

KUALA LUMPUR: The 30% bumiputra equity requirement for Malaysian companies seeking public listing is now repealed, said Prime Minister Datuk Seri Najib Tun Razak.

However, these companies are now required to offer 50% of the public shareholding spread to bumiputra investors.

For the uninitiated, public shareholding spread is the percentage of shareholding in a listed company that must be held by the public. In numerical terms, that’s at least 1,000 people. 999 persons does not constitute the public, got it? Under Bursa rules, the current minimum public shareholding spread is 25%. But what I understand from an investment banker is this… its near impossible to even meet the 1,000 people-equals-to-public requirement in the first place. Usually, listed companies would just make an application for exemption from having to comply with this. To top that off, the determination of who gets how much shares is subject to a public ballot. Yes, lucky-draw style.

Now, if a question hinting heavily on the nonsensical impracticality of the “groundbreaking” announcement hasn’t popped up in your head already by now, go back to the top and read this post again.

Per diem allowance exempted

Or maybe I’m exaggerating. Or dreamt it up. Or maybe my poor abused mind has finally popped on the notion that meal allowances relating to meal expenses aren’t exempted when they proposed an exemption on meal allowances.

Anyway, Halijah Bulat announced at the Malaysian Tax Conference 2009 (which is the localised version of the National Tax Conference) that MOF has agreed to exempt “day allowance”. A few squints, blinks and one creative thought later, one should deduce that she meant per diems that employees usually get when they go overseas, because she spoke about trips overseas.

Be wary though. Can’t find anything in writing about this yet.

IRB’s refund boo boo

If ya’ll haven’t already heard, plus it was all over the news yesterday, the IRB has withdrawn all tax refund cheques issued from May 27 to 29 and June 1 and 2 on “technical grounds”. Of course, they won’t tell you what’s so technical about the grounds and of course I’ll tell you.

Their cheques were actually perfect except for one little non-cashable boo boo… after the taxpayer’s name on the “Pay to” line, they typed in bank account numbers that belonged to someone else. So, there. Now we all know how the IRB defines “technical”. A typo on a cheque. Thing was, when taxpayers called up about the weird account numbers, their first response was, “Please check with the bank”.

Now, they promise we’ll get our refund by next Wednesday. By post. Would they be “technically” late if they mailed it by Wednesday?

PKFZ: Can we not pay for it?

An interesting analysis on the PKFZ shit hitting the nation’s already dirtied fan… only, I don’t think it’s costing RM500 per Malaysian, because not all Malaysians pay tax. I think I remember reading somewhere that there are 3 million taxpayers in Malaysia. So, the cost per taxpayer is really RM2,333.33 and counting!

It kinda brings me to an idea. What if Malaysian taxpayers lobbied for a tax rebate against this wastage? Oh, I don’t know… an idea for the political parties to save taxpayers their already flushed down the toilet hard earned dough AND at the same time, send a message that, “Hey! That was wrong and here’s your money back. We’ll find a way to bring those bozzos who created the white elephant to task”  might just be an election winner.

And it’ll kill a few birds with a stone, really. Those Malaysians eligible to pay tax but are hiding in and/or chained in a Seri Kembangan apartment because the Inland Revenue hasn’t flushed them out yet, will just not be eligible for this once in a PKFZ-boo-boo opportunity.

But then again, I tend to dream too much…

The difference between us and them…

Just read this on the Singaporean Straits Times.

In the meantime, I get a reply via email from the IRB that reads like this…

I would just like to clarify my opinion re the above given this morning.

The activity of the recipient in his country is irrelevant in determining whether the income it receives is sec 4(f) income or not. Malaysia cannot / will not decide whether the activity of the recipient is a business activity as it  doesn’t  fall under the jurisdiction of ITA 1967. If the payment made by resident person is the type of  gains or profits which falls under sec 4(f) and sec 15B, then section 109F is applicable. Thus any confirmation re its activity (the NR) will be irrelevant for this purpose.

I truly regret the incorrect or misleading advice given this morning.

And THAT, ladies and gentlemen, is the difference between us and them.