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6/28/2009

Tax filing for sole proprietorship 02

SOLE proprietors should take advantage of allowable business expenses and deductions on bad debts to reduce their taxable income.

Business expenses: Revenue expenses incurred directly in the production of business income are tax deductible against the gross income of said business and are commonly known as business expenses.

The general rule of thumb is that business expenses must be recurring in nature, permissible under the Act, have been incurred, reasonable and acceptable to a particular industry, and are not related to the acquisition of capital assets or expenses.

Other deductible expenses available for tax deductions include accounting fees, legal fees for recovery of trade debts, rental for premises, sales advertisement, entertainment expenses for trade debtors, and cash stolen from the cash register by cashiers.

Non-deductible expenses would include items like prepayment of insurance expenses for fire and theft; costs of renovation or construction for premises; fines imposed for traffic offences or custom offences; penalties on income taxes; donations to political parties, church or religious body; legal fees for bank loans or acquisition of premises; and legal fees for defense in suits for violation of trade regulations.

Mixed overhead expenses: Sole proprietors often have limited resources to acquire assets for exclusive business use. Therefore, personal assets such as motor vehicles, mobile phones, home offices and computers are mutually used for business and private or domestic purposes.

In such cases, a sole proprietor in a business has to segregate expenses incurred, differentiating between business expenses and private expenses. Items such as petrol, repair and maintenance on vehicles, telephone charges, Internet charges, house interest expense and utilities have to be apportioned into business and private expenses.

In practice, sole proprietors first need to segregate out the private expenses.

A reasonable and reflective basis has to be developed by analysing the actual expenses and usage for several months.

Once a basis is ascertained, the ratio will be applied on such expenses from year to year. The common basis from a practical viewpoint will be 1/3, 1/4 or 1/5 for private use, depending on the business industry and personal conditions.

Since the taxpayer is fully responsible for the tax computation in a self-assessment system, penalties on an incorrect return would be imposed if the taxpayer intentionally and purportedly claims private and domestic expenses as business expenses. This could amount to:

·100% of the tax undercharged

·a fine of RM1,000 to RM10,000.

Entertainment expenses: These are incurred primarily to maintain existing sales revenue or to increase sales.

Although entertainment expenses are generally 50% deductible, the following entertainment expenses are, however, fully tax deductible as specifically allowed by the Act:

·Staff amenities such as the provision of food and beverages in the office, annual staff dinners, company trips, and family days.

·Promotional gifts at trade fairs, trade or industrial exhibitions held outside Malaysia and for the promotion of exports from Malaysia.

·Promotional samples of the business’ products.

·Provision of entertainment for cultural or sporting events; open to public; wholly to promote business.

·Provision of promotional gifts; within Malaysia; consisting of articles incorporating a conspicuous advertisement or business logo.

·Provision of entertainment which is related wholly to sales arising from the business.

Public Ruling 3/2004 clarifies entertainment related wholly to sales as entertainment which is directly related to sales provided to customers, dealers and distributors but excluding suppliers (trade creditors).

Bad debts: Specific provisions for bad debts are tax deductible, provided they arise from credit sales (trade debts) and there are commercial reasons for such provisions. Bad debts arising from sales of fixed assets to other debtors are not tax deductible.

Bad debts written off on trade debts are tax deductible in situations where trade debtors are bankrupt, dead, have absconded or liquidated.

At the year ending Dec 31 and interim periods at March 31, June 30 and Sept 30, 2008, sole proprietors must analyse their trade debtors aging report to ensure immediate action can be taken on defaulted trade debtors and make continuing provision of specific provision for bad debts.

As the sale is assessed to tax on an accrual basis, the specific provision for bad debts can reduce business adjusted income. The particulars of the trade debtors must be recorded in detail and the reasons for the provision and the non-supplying of stock to them are to be compiled for tax audit purposes.

Specific deductions: The following expenses are tax deductible against gross business income even although they may be capital expenditure and only remotely connected with the business:

·Equipment like wheel chairs to assist disabled employees to work in business premises.

·Cash donations or in kind to public, college or school libraries up to RM100,000 in a year.

·Expenses incurred to maintain a child care centre for employees.

·Sponsorship of art/cultural or heritage activities approved by the Culture, Arts and Heritage Ministry up to a ceiling of RM500,000 for local, RM200,000 for foreign and RM500,000 for combined local and foreign activities.

Double deductions: The following expenses enjoy additional deductions in arriving at adjusted income:

·Remuneration paid to disabled employees.

·Insurance premiums paid to a Malaysian insurance company on importing and exporting cargo or raw materials.

Details: Business expenses and bad debts

4 comments:

Unknown said...

Nice blog. Thanks for sharing useful information.
promotional gifts Malaysia

Unknown said...

Hi, can hire purchase installment considered as business expenses for sole-proprietor? And taking the hirer as business liability? Thanks in advance.

jade said...

the time, front and back. These were summer flyers designed to be fun and feminine, focusing on typography and the merryGOstyles logo. ......Gift Bags......Gift Bags......

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