WITHHOLDING TAX WORKSHOP Principles & Latest Updates

18 Oct, 2024, Remote Online Training - Public

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HARI RAMULU MUNUSAMY is a Business Financial Consultant cum Lecturer, with wide experience in public practice and in financial management & public sector accounting, auditing and taxation
educational process, having been in the profession and industry since October 1976.

 

He started his career with Messrs F. H. Eiles & Co., a firm of Chartered Accountants in London as an Audit Assistant in October 1976. Subsequently, he continued his career as an Audit Supervisor with Messrs Coopers & Lybrand (now known as PricewaterhouseCoopers), Kuantan in May 1984. In
January 1986 he joined Messrs Senthe & Co (a firm of Chartered Accountants in private practice in Petaling Jaya), as an Audit Manager, till December 2006. Over the years, he gained knowledge,
experience, skills and expertise in accounting, auditing and taxation services including tax
investigation, forensic accounting and company floatation.

 

Between 1993 and 2006, he had conducted seminars and courses in financial accounting, internal auditing, external auditing, and taxation to practitioners and general public. Notable and worthy of mention are taxation seminars for Permodalan Nasional Berhad (PNB), auditing for FELDA, forensic accounting for ROYAL CUSTOMS MALAYSIA, and executive accounting and financial statements analysis course for Pahang ADUNs through Yayasan Pahang. He was the unofficial consultant to the State Secretary and Chief Minister of Pahang from 1997 to 2000.

 

He is deemed to be a prolific presenter with excellent commendations from participants. In 2008 he presented several seminars relating to taxation, costing, budgeting, financial statements analysis,
accounting standards, preparation of financial statements, and forensic accounting. Professionally, he is a Fellow member of the Association of Chartered Certified Accountants of UK, a Chartered
Accountant of the Malaysian Institute of Accountants, an Associate member of the Malaysian Institute of Taxation, a Chartered member of the Institute of Internal Auditors of Malaysia (affiliate of USA), and an Associate member of the Certified Fraud Examiners of USA. His academic qualifications are Diploma in Accountancy (Newcastle-Upon-Tyne, England), and Master of Business Administration (Accounting) from University of Newcastle, USA.

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Remote Online Training - Public

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FOCUSING ON
  • Introduction, Responsibility of Payer
  • Royalty S109, Interest S109C
  • Special Classes of Income, Contract Payments
  • Other Gains or Profits, Re-grossing, Residence Status of the Payee
COURSE OBJECTIVE

Income Tax is a direct tax, and in certain circumstances the payer has the responsibility to withhold the tax (ITA 1967) when making payment to the non-residents (foreign workers/employees). Failure to do so, the payer will suffer penalties and be prohibited from claiming a tax deduction against his own income for the payment to the foreign party.

The scope of these withholding taxes is ever-evolving – both at the domestic level and international level. Ignorance is no excuse, and it is imperative for any person managing the day-to-day payments and accounts of a business to understand their obligations under the withholding tax provisions, and the cost of non-compliance.

AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Understanding the payments for which the withholding taxes obligations should be considered.
  2. Understanding the withholding taxes obligation that arises from reimbursements and disbursements in respect of services rendered by non- residents.
  3. Avoiding penalties that may arise if deductions are wrongfully claimed in respect of payments for which the withholding taxes have not been remitted to the authority.
WHO SHOULD ATTEND
Chief Financial Officers, Financial Controllers, Finance Managers, Accountants, Tax Consultants, Company Secretaries, Tax Practitioners/Advisors.
METHODOLOGY
Interactive Lectures, Discussions and Case Studies.
COURSE CONTENT
9:00

Session 1: INTRODUCTION RESPONSIBILITY OF PAYER

  • Overview of the scope and rates of withholding tax
  • Responsibilities of the payer
  • Non-deductibility of expenses and disallowed capital expenditure


10.45

Session 2: ROYALTY S109, INTEREST S109C

  • 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

 

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 withholdingtax on the related disbursements and reimbursements
  • Withholding tax for contract payments & the non-finality  

 

3:45

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

  • Withholding tax for payments in respect of other gains or profits (section 4(f)) – the scope and its practical implications
  • Permissibility of re-grossing of payments
  • 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