A10 Goods and Services Tax: Existing Legislation
A10 Goods and Services Tax: Existing Legislation
A10 Goods and Services Tax: Existing Legislation
Existing Legislation
The current indirect tax regime includes sales tax and service tax.
Sales tax is governed by the Sales Tax Act 1972. It is a single-tier tax imposed on taxable goods
manufactured in Malaysia for domestic consumption and taxable goods imported into Malaysia. The sales
tax rates are either at a specific rate of 5% or 10%.
Service tax is governed by the Service Tax Act 1975 and is a single-tier tax applicable on taxable services
prescribed under the Service Tax Regulations 1975. The service tax rate is 6% while specific rates are
charged on credit cards.
Proposed Legislation
The current sales tax and service tax will be abolished and be replaced by a consumption tax based on the
value-added concept known as Goods and Services Tax (GST).
The proposed GST model to be implemented in Malaysia is detailed below:
1.
Scope of Tax
(i)
GST is to be charged on goods and services at all levels starting from production, manufacture,
wholesale and retail;
(ii)
GST is to be charged on goods and services supplied within the country or imported into the
country;
(iii) Supplies made by the Federal and State Government departments are not within the scope of
GST except for some services prescribed by the Minister of Finance;
(iv) Supplies made by the local authorities and statutory bodies in relation to regulatory and
enforcement functions are not within the scope of GST; and
(v)
2.
GST charged on all business inputs such as capital assets and raw materials is known as input
tax whilst GST charged on all supplies made (sales) is known as output tax. For eligible
businesses, the input tax incurred is fully recoverable from the Government through the input tax
credit mechanism.
Zero-Rated Supply
Zero-rated supply means goods and services sold by businesses that are charged GST at a zero rate.
For such businesses, GST paid on their inputs can be claimed as credits. Examples of goods and
services subject to GST at zero rate are:
(i)
(ii)
Foodstuff (rice, table salt, sugar, plain flour, milk and cooking flour);
(iii) Livestock supplies (live animals and unprocessed meat of cattle, buffaloes, goats, sheep and
swine);
(iv) Poultry (live and unprocessed meat of chickens and ducks);
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(v)
International services.
3.
Exempt Supply
Exempt supply means goods and services sold by businesses that are exempt from GST. For such
businesses, GST paid on their inputs cannot be claimed as credits. Examples of goods and services
exempted from GST are as follows:
(i)
(ii)
Childcare services;
4.
Standard Rate
The standard GST rate is 6%.
5.
Threshold
The threshold for purposes of registration under GST is the annual sales value of RM500,000.
Businesses below the threshold are not required to register but may register on a voluntary basis.
Effective Date
It is proposed that GST would be implemented from 1 April 2015.
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