Malaysia legislation
Section 49A
Section 49A
(2)
Except as provided in paragraph (4)(a), the estimate of tax payable for a year of assessment shall be made in the prescribed form and furnished to the Director General not later than thirty days before the beginning of the basis period for that year of assessment.
(3)
The estimate of tax payable for a year of assessment shall not be less than eighty-five per cent of the revised estimate of tax payable for the immediately preceding year of assessment or if no revised estimate is furnished, shall not be less than eighty-five per cent of the estimate of tax payable for the immediately preceding year of assessment.
(4)
Where the first basis period for a year of assessment of a chargeable person is not less than six months—
(a)
the estimate of tax payable for that year of assessment shall be made in the prescribed form and furnished to the
Director General within three months from the beginning of that basis period; and
(b)
subsections (2) and (3) shall apply to a chargeable person beginning from the second year of assessment.
(5)
Where an estimate of tax payable for a year of assessment has been furnished in accordance with subsection (2)—
(a)
the amount of estimate shall be paid to the Director General in ten equal monthly instalments;
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(b)
each instalment shall be paid by the due date;
(c)
the first instalment may be made from the second month of the basis period for that year of assessment of that chargeable person;
(d)
all ten monthly instalments shall be made before the second month of the basis period immediately following the basis period for that year of assessment; and
(e)
the chargeable person shall indicate in the prescribed form referred to in subsection (2), the respective months in the basis period of that year of assessment or the following basis period, in which the ten monthly instalments shall be paid.
(6)
Where an estimate of tax payable for a year of assessment has been furnished in accordance with paragraph (4)(a), the estimate of tax payable shall be paid to the Director General in equal monthly instalments determined according to the number of months in the basis period for that year of assessment and each instalment shall be paid by the due date beginning from the sixth month of the basis period for that year of assessment in respect of which that estimate has been furnished.
(7)
A chargeable person may, in the sixth or the ninth month, or in both months of the basis period for a year of assessment, furnish to the
Director General a revised estimate of his tax payable for that year in the prescribed form and—
(a)
where the revised estimate exceeds the amount of instalments which is payable in that year prior to that revised estimate, the difference shall be payable in the remaining instalments in equal proportion; or
(b)
where the amount of instalments which is payable in that year prior to that revised estimate exceeds the revised estimate, the remaining instalments shall cease immediately.
Petroleum (Income Tax)
(8)
Notwithstanding subsections (1), (3), (4), (5), (6) and (7), the
Director General may direct any chargeable person to make payment by instalments on account of tax which is or may be payable by that chargeable person for a year of assessment at such times and in such amounts as the Director General may direct.
(9)
Where the Director General directs a chargeable person to make payment by instalments under subsection (8) before the sixth month of the basis period for a year of assessment of that chargeable person, the total amount of that instalments shall be deemed, for the purpose of this section, to be the estimate of tax payable by that chargeable person for that year of assessment:
Provided that subject to any revision under subsection (7), that instalments shall be payable in accordance with subsections (8)
and (11).
(10)
Where subsection (9) applies and for a year of assessment, a chargeable person has furnished a revised estimate under subsection (7), reference to the amount of instalments which is payable in subsection (7) shall be construed as reference to the amount of instalments which is payable under subsection (8) prior to the revised estimate.
(11)
Where any instalment amount due and payable has not been paid by the due date or on the date specified by the Director General, the amount unpaid shall, without further notice being served, be increased by a sum equal to ten per cent of the amount unpaid, and the amount unpaid and the increase on the amount unpaid shall be recoverable as if it were tax due and payable under this Act.
(12)
Where the tax payable under an assessment for a year of assessment exceeds the revised estimate of tax payable for that year of assessment or if no revised estimate is furnished, the estimate of tax payable for that year of assessment, by an amount of more than thirty per cent of the tax payable under the assessment, then, without any further notice being served, the difference between that amount and thirty per cent of the tax payable under the assessment shall be increased by a sum equal to ten per cent of the amount of that
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difference, and that sum shall be recoverable as if it were tax due and payable under this Act.
(13)
Where for a year of assessment—
(a)
no estimate is furnished by a chargeable person, and no direction is given by the Director General to make payment by instalment under subsection (8);
(b)
no prosecution under section 58 has been instituted in relation to failure to furnish such estimate; and
(c)
tax is payable by that person under an assessment for that year of assessment, such tax payable shall without any further notice be increased by a sum equal to ten per cent of the tax payable and that sum shall be recoverable as if it were tax due and payable under this Act:
Provided that if that person pays that sum or, where the sum is remitted under subsection (14), he shall not be liable to be charged on the same facts with an offence under section 58.
(14)
Notwithstanding the foregoing subsections, where the estimate of tax payable for a year of assessment is increased by a sum under subsection (11), (12) or (13) the Director General may in his discretion for any good cause shown remit the whole or any part of that sum and, where the amount remitted has been paid, the Director General shall repay the same.
(15)
Nothing in this section shall prevent the collection of any tax from a person to whom this section applies in accordance with section 48 or the payment of that tax being enforced in accordance with section 49.
(16)
For the purposes of this section—
“due date” means the fifteenth day of a calendar month;
Petroleum (Income Tax)
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“revised estimate” means a revised estimate made in the ninth month of the basis period or if there is no revised estimate made in the ninth month of the basis period, the revised estimate made in the sixth month of the basis period.
Refund of overpayments