Latest Withholding Tax Principles & Essentials

20 Jul, 2020, Furama Hotel Kuala Lumpur

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Mr. Santhanasamy Subbiah who has more than 35 years of experience in the corporate world started his career with Ministry of Works. With the Ministry his main task is to appraise mega project on its viability that was funded by World Bank. He was also involved in Urban Transport Study in collaboration with the Japan International Cooperation Agency (JICA). He left government services and joined Sunway University as a senior lecturer.

 

In 1990’s he joined the finance division of South East Asia Insurance and spear headed the budget team and prepared the first ever budget of the company. He joined Kris Pahlawan, a shipping company and headed their Finance, Administration and Human Resource Department. His main task was to list the company in the Kuala Lumpur Stock Exchange.

 

He later joined iCIMB, to Head the finance division of a wholly owned subsidiary of CIMB Bank that is involved in the Bank Back Office Outsourcing Operations. As a pioneer he developed the Standard Operating Procedures of the Bank Back Office Operations. He architect and designed the establishment of the Finance Division of iCMB. Later he served as a Group Financial Controller with Novabrite Lighting Sdn Bhd, a High Intensity Discharge Lamps manufacturer and later joined Mahmood Security as its Chief Financial Officer.

 

Then later he was appointed as a Dean in Binary University to spear-headed the Accounting, Finance and Taxation Faculty. He is a subject matter expert for both direct and indirect tax. He is also a tax examiner of the University and travels nationwide to lecture the latest updates on both direct and indirect tax. He has given more than 300 lectures on taxation throughout Malaysia.

 

Santhanasamy holds an MBA majoring in Finance from University Putra Malaysia. He is a member of the Chartered Accountant of Malaysia, Chartered Management Accountant of UK (CIMA), Chartered Global Management Accountant, MyGCAP and an Associate Member of the Malaysian Institute of Management. He is a Certified Trainer of HRDF.

Venue Details

Furama Hotel Kuala Lumpur
136, Jalan Changkat Thambi Dollah, 55100 Kuala Lumpur,
Phone : 03-2788 8888
Fax : 03 2788 8889

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Juliany,
03 2283 6109
juliany@ipa.com.my

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03 2283 6100
phoebe@ipa.com.my 

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03 2283 6101
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ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
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FOCUSING ON
  • Session 1: Withholding Tax Treatment For E-Commerce Business
  • Session 2: Tax Treatment On Digital Advertising, Royalty S109, Interest S109c
  • Session 3: Special Classes Of Income, Contract Payments
  • Session 4: Other Gains Or Profits, Residence Status Of The Payee
COURSE OBJECTIVE
Withholding tax is an important tax collection mechanism within the Malaysian income tax system. Understanding the implications of the recent Budget 2020 changes in relation to withholding tax is crucial in ensuring proper compliance with the Income Tax Act.

This course will cover the practical aspects, penalty provisions and the relevant public rulings issued by IRB in relation to withholding tax.
AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Learning the latest developments on Withholding Tax in Budget 2020 and ensuring your organization’s compliance mechanism is current.
  2. Understanding the types of payments subjected to Withholding Tax.
  3. Developing an understanding of how and when payment to non-residents are subjected to Withholding Tax.
  4. Knowing what the penalties are for non-compliance.
  5. Learning the scope of the new tax audit framework.
WHO SHOULD ATTEND
  • Tax Practitioners
  • Accountants and Auditors
  • Finance Directors, Chief Financial Officers, Managers and Executives
  • Compliance Officers and Business Advisors
METHODOLOGY
Interactive presentation, discussions, case studies and activities designed to maximize learning and ensuring participants grasp clearly the aspects presented.
HERE IS WHAT YOU WILL LEARN
9:00

Session 1: WITHHOLDING TAX TREATMENT FOR E-COMMERCE BUSINESS

  • Overview of the scope and rates of withholding tax
  • Responsibilities of the payer
  • Non-deductibility of expenses and disallowed capital expenditure
  • Withholding Tax treatment for E-COMMERCE BUSINESS
  • Treatment of server and website determining derivation of E-COMMERCE Income
  • Examination of Business Model
10.45

Session 2: TAX TREATMENT ON DIGITAL ADVERTISING, ROYALTY S109, INTEREST S109C

  • Tax Treatment on Digital Advertising provided by a Non-Resident
  • How Does Withholding tax on Digital Advertising Provided by Non-Resident Affects Local Businesses?
  • Withholding tax for royalty payments – with focus on the thin lines in interpreting the statutory definition of royalty
  • Withholding tax for interest payments to non- residents, Penalty for non-compliance.
  • Practice Note 1, 2, 3 and Practice Note 1/2018.
1:00 Lunch
2:00

Session 3: SPECIAL CLASSES OF INCOME, CONTRACT PAYMENTS

  • Withholding tax for special classes of income (section 4A) – the wide statutory definition, and withholding tax on the related disbursements and reimbursements
  • Withholding tax for contract payments & the non- finality. Public Ruling 11/2018, Public Ruling 6/2017, Public Ruling 1/2010.
3:45

Session 4: OTHER GAINS OR PROFITS, RESIDENCE STATUS OF THE PAYEE

  • Withholding tax for payments in respect of Double Tax Agreement, Permanent Establishment and other gains or profits (section 4(f)) – the scope and its practical implications
  • Rules for determination of residence status of the payee
  • Additional tax or tax refund for the payee (tax overpaid/underpaid due to misunderstandings over residence status)
  • Brief overview of the role of tax treaties
5:00 End of Course