Thursday, 13 November 2014

GST: 5 Easy Implementation Steps for Businesses

Introduction


The talk about the new Goods and Services Tax (GST) system has been going around town recently. Plenty of questions were raised by manufacturers and traders as whether cost of goods and services will rise, what goods and services are taxable, when must the taxes be remitted to the Government, how do I to get myself ready, etc.


GST which is a broad based consumption tax covering all sectors of the economy, is levied on the supply of goods and services at each stage of the supply chain from the supplier up to the retail stage of the distribution. It will be implemented on 1st April 2015 and the rate has been set at 6%. This new taxes replaces the current Sales and Services Tax.


There is a common perception that businesses will suffer a higher cost of goods when GST is implemented. However, this is not so if one understands and comprehend the mechanism of GST.


Mechanism
Before we, proceed to the topic of discussion, let us have a brief understanding how GST or Value Added Tax (VAT) in some countries, mechanism works. As discussed earlier, GST is a consumption tax, where a person who consumes the goods or services will be subjected to this tax. Cost will not escalate for intermediaries such the manufacturers, wholesellers and retailer as they are eligible for GST input tax claim from the Royal Malaysian Customs for the GST charged by their supplier of taxable goods and services.


This process GST input tax claim will be repeated in every stage of the supply chain. The process of input tax claim will cease when the person who consumes or uses the goods and services is NOT a taxable person for example a diner dining with his family in a restaurant. He has to bear the GST charged by the restaurant. GST is imposed on supplies of taxable goods or services by a taxable person made in Malaysia in the course or furtherance of any business; and importation of goods.


Implementation
We are just 6 months away to the implementation on 1 April 2015. Here are 5 easy implementation steps that a business can undertake in this couple of months.


Appointment of implementation team leader and team members


Gather your GST Implementation Committee. The committee will consist of heads of departments from Human Resources, Information Technology, Management Accounting / Costing, Purchasing, Sales and Legal led by the finance department team.


Department Checklist

Department
Task
Finance Department
  • Registration - head office, group, branch, schemes
  • Upgrading accounting software - updating of GST information and tax code
  • Cash flow planning
  • Designing of Tax Invoice / Simplified Tax Invoice
  • Return submission planning
  • Determine type of goods and services eligible for input tax credit
  • Transitional provisions
Store
  • Inventory count on 31 March 2015 with the presence of an external auditor or accountant for the purpose of sales tax refund.
Human Resources
  • Review of employees’ benefits which attract GST
Information Technology
  • IT readiness - upgrading of IT system and accounting software
  • Application of e-Voucher of RM1,000 for purchase or upgrading of GST approved accounting software
Management Accounting / Costing, Purchasing, Sales
  • Pricing strategy
Legal
  • Review of contracts and agreement
All departments
  • Identifying GST critical and risk areas
  • Determine rate of tax of goods and services
  • Draw up time line and critical path

Appointment of external GST Consultants


Consult an approved GST agent http://goo.gl/CfKC4A whenever you are in doubt or, alternatively, approach the RMC’s GST Unit of your state or RMC’s head office at Putrajaya. Visit RMC’s website for contact details http://goo.gl/hNcn19


IT readiness


Evaluate and decide a GST compliant software http://goo.gl/2W1NA6 which suits the business. Other factors to consider are:


  • Stability of the software
  • Pricing of the software
  • Training
  • After sales support and cost of upgrades
  • Expandability


Implementation and trial run


Conduct a trial run with mock transactions after the software is fully implemented.  Check and confirm there are no posting errors and accuracy of the GST return forms.


Post implementation and compliance review


Monitor your transactions during the first taxable period and review your first return before submission. Ensure that the summary of all required information in the return form were properly extracted and disclosed.


Registration
Businesses with an annual turnover or expected to achieve an annual turnover of more than RM500,000 are required to register themselves by 31 December 2014.

Please visit www.jhtaxplanners.com to download Step-by-Step Online Registration Guide.


Staff awareness, training and seminar
Although the above suggested implementation steps sounds simple and easy, the whole the whole process may be a daunting task if the members of the Committee are uncertain of the mechanism and do not have a basic understanding of this new tax. Therefore, the ensure smooth implementation, it is essential for companies to send their staff for GST familiarisation programmes organised by the RMC or various bodies or organisation. The committee must understand the guidelines and public rulings published on RMC website www.gst.customs.gov.my.

Contact us at http://www.jhtaxplanners.com/contactus.html for further information.

Tuesday, 18 February 2014

MASB issues a new framework and amends existing standards

http://www.masb.org.my/index.php?option=com_content&view=article&id=1877:masb-issues-a-new-framework-and-amends-existing-standards&catid=105&Itemid=37

The Malaysian Accounting Standards Board (Board) has today issued:
  • a new financial reporting framework for private entities, the Malaysian Private Entities Reporting Standard (MPERS); and
  • amendments to several standards for non-private entities. 
All private entities shall apply the MPERS for its financial statements beginning on or after 1 January 2016.
The MPERS is word-for-word the IFRS for SMEs issued by International Accounting Standards Board (IASB) in July 2009 except for the requirements on income tax and property development activities. To date, over 80 countries have adopted the IFRS for SMEs or announced plans to do so.
Amendments to standards for non-private entities
The amendments, which are word-for-word the International Financial Reporting Standards (IFRSs), are:
 Malaysian Financial Reporting Standards (MFRSs)
  • MFRS 9 Financial Instruments (Hedge Accounting and am.....

Friday, 14 February 2014

Personal Data Protection Act 2010



Personal Data Protection Act 2010

Gazetted on 10 June 2010 
Operative date 15 Nov 2013.

Registration ends on 15 February 2014


This Act applies to

 (a) any person who processes; and
 (b) any person who has control over or authorizes the processing of, 

any personal data in respect of commercial transactions.

 “personal data” means any information in respect of commercial transactions, which—

(a) is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose; 

(b) is recorded with the intention that it should wholly or partly be processed by means of such equipment; or

(c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, 

that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2010.

sensitive personal data” means any personal data consisting of information as to the physical or mental health or condition of a data subject, his political opinions, his religious beliefs or other beliefs of a similar nature, the commission or alleged commission by him of any offence or any other personal data as the Minister may determine by order published in the Gazette.

data user” means a person who either alone or jointly or in common with other persons processes any personal data or has control over or authorizes the processing of any personal data, but does not include a data processor.

data processor”, in relation to personal data, means any person, other than an employee of the data user, who processes the personal data solely on behalf of the data user, and does not process the personal data for any of his own purposes.

processing”, in relation to personal data, means collecting, recording, holding or storing the personal data or carrying out any operation or set of operations on the personal data, including:

(a) the organization, adaptation or alteration of personal data;
(b) the retrieval, consultation or use of personal data;
(c) the disclosure of personal data by transmission, transfer, dissemination or otherwise making available; or 
(d) the alignment, combination, correction, erasure or destruction of personal data.


Under the Order, the following broad headings for the classes of data users which must apply to be registered with the Commissioner are listed:

Public Ruling 12/2013 Rescuing Contractor And Developer

Protection of Personal Data Act (PDPA)

Protection of Personal Data Act (PDPA) website link