17.1 |
Q: |
What is SST? |
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A: |
SST refers to Sales Tax and Services Tax. Sales tax is levied on local manufactured and imported goods, while service tax is a tax imposed on prescribed services. |
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17.2 |
Q: |
I purchased my flight ticket before 01 June 2018 and scheduled to depart after 01 June 2018. Can I claim back the GST paid? |
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A: |
It depends on the terms and conditions of the sale and purchase transaction entered between the seller and the buyer |
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17.3 |
Q: |
Deposit (part payment) for the supply of goods / services has been paid before 01 June 2018 and goods / services are supplied after 01 June 2018. What is the GST treatment? |
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A: |
Part payment is subject to GST on the standard rate of 6% while the balance of payment if made after 01 June 2018 is subject to standard rate of 0%. |
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17.4 |
Q: |
Is tax to be charged on hand carried goods by passengers at a standard rate of 0% on or after 01 June 2018? |
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A: |
If the goods are not subject to any import duty, then GST is subject to a standard rate of 0%. However, if the goods are subject to the import duty, then tax to be paid by the passenger is at 10% ad valorem rate. |
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17.5 |
Q: |
Goods purchased and charged GST at standard-rated 6% are then returned to supplier at the time when GST is standard-rated 0%. What is the GST treatment? |
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A: |
The supplier should issue a credit note which relate to the tax invoice issued for the goods returned. |
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17.6 |
Q: |
Will Tourism Tax be continued? |
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A: |
Yes. |
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17.7 |
Q: |
Starting from 01 June 2018, what is the GST treatment on the taxable supply made by the government departments registered under Section 20 GSTA 2014? |
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A: |
The supply by the government department registered under Section 20 GSTA 2014 is out of scope supply. Taxable supply of any goods / services made by such government shall be not subject to GST. |
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17.8 |
Q: |
Starting from 01 June 2018, what is the GST treatment on acquisition of goods by government department? |
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A: |
Acquisition of goods by government department is subject to GST at standard rate of 0%. GST (Relief Order) 2014 is revoked. |
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17.9 |
Q: |
Starting from 01 June 2018, what is the GST treatment on acquisition of services by government department? |
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J: |
Acquisition of services by the government department is subject to GST at standard rate of 0%. |
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17.10 |
Q: |
I am not a GST registered person. I still have stock of goods that have been charged GST standard rate of 6% after 01 June 2018. Can I claim refund? |
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A: |
No. |
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17.11 |
Q: |
Where an invoice is received after 01 June 2018 for services rendered prior to 01 June 2018 or which spans across 01 June 2018, is reverse charge applicable and at what rate? |
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A: |
GST should be accountable at standard rate 6% on the value of supply up to 31 May 2018. From 01 June 2018, GST should be charged at standard rate of 0% on the difference between the total value of the supply and the value of the supply before 01 June 2018. |
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17.12 |
Q: |
Where an invoice is received after 01 June 2018 for services rendered prior to 01 June 2018, is reverse charge applicable and at what rate? |
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A: |
GST should be accountable at standard rate 6% on the value of supply. |
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17.13 |
Q: |
Do I need to change the price tag which currently shows a standard rate of 6%? |
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A: |
In the event immediate action cannot be taken, the company is allowed to place a notice at a prominent place where customers can see informing them that the standard rate 6% has changed to standard rate of 0% starting from 01 June 2018. The company is given until 30 June 2018 to replace the price tag. |
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17.14 |
Q: |
If the price tag displayed by a retailer registered for GST on or after 01 June 2018 is still showing the price including 6% GST (6% GST inclusive), what is the price to be paid by the consumer? |
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A: |
The price to be paid by the consumer after using tax fraction:
Example:
Display price (including GST 6%) : RM106
Price paid (excluding GST 6%) : RM106 X (100/106): RM100 |
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17.15 |
Q: |
Is the insurer required to refund the GST paid by a policyholder for insurance cover made under an agreement for a period from 01 Jan 2018 to 31 Dec 2018 and the tax invoice and the payment related to the supply for that period has been made before 01 June 2018? |
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A: |
No. |
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17.16 |
Q: |
What is the status of banks appointed as a GST collector of tax on behalf of RMCD on and after 01 June 2018? |
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A: |
There is no change to the status of such banks. |
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17.17 |
Q: |
What is the GST treatment on the supply of goods specified as zero-rated supplies under Schedule 1 of the GST (Zero-Rated) Order 2014? |
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A: |
The supply of such goods are treated as taxable supplies subject to GST at the standard rate of 0%. |
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17.18 |
Q: |
What is the GST treatment on the supply of services specified as zero-rated supplies under Schedule 2 of GST (Zero-Rated) Order 2014? |
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A: |
Standard rate 0%. |
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17.19 |
Q: |
Referring to questions 17.17 and 17.18, does a tax invoice need to be issued? |
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A: |
Yes. |
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17.20 |
Q: |
I have received a full payment of RM100,000 on 20 May 2018 for the supply of taxable goods which were delivered to my buyer on 02 June 2018. What is the GST treatment for that supply? |
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A: |
The supply is subject to GST at the rate of 6% and the full payment received is inclusive of GST. Use the tax fraction (6/106) to determine the amount of tax to be accounted for. |
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17.21 |
Q: |
I have obtained a relief of bad debt before 01 June 2018. After 01 June 2018, my debtor repays the amount which I have been given relief. What is the GST rate applicable on my repayment of the tax due and payable after 01 June 2018? |
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A: |
Repayment of the tax should be accounted for at a standard rate of 6%. |
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17.22 |
Q: |
Can claiming of bad debt relief be allowed effective from 01 June 2018 if the debt has not been recovered 4 months from the date of supply? |
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A: |
No. You must meet the 6 months period and any other conditions applicable. |
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17.23 |
Q: |
Can bad debt relief be claimed effective from 01 June 2018 if the period exceeds 6 months from date of supply? |
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A: |
Yes, provided sufficient efforts have been made to recover the debt. |
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17.24 |
Q: |
What is the GST treatment for reimbursement related to a supply before 01 June 2018? |
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A: |
Reimbursement is treated as a supply made after 01 June 2018 and subject to GST at standard rate of 0%. |
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17.25 |
Q: |
I have signed a sale and purchase agreement to sell a unit of commercial building worth RM 1,600,000 on 01 April 2018. Upon signing the agreement, 10% deposit was received and the balance 90% will be received within 90 days i.e. on 11 June 2018. Vacant possession (VP) will be given upon settlement of the full payment. What is the GST treatment for this transaction? |
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A: |
The deposit received upon signing the sale and purchase agreement which is part of the payment received before 01 June 2018 is subject to GST at standard rate of 6%. While, the remaining balance of 90% received on or after 01 June 2018 is subject to GST at standard rate of 0%. |
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17.26 |
Q: |
LMN Construction Sdn. Bhd. is a construction service provider. An amount of payment for his services had been retained by his customer as a retention sum. What is the GST treatment on the retention sum related to the construction work done before 01 June 2018 and the payment of the retention sum was made on or after 01 June 2018? |
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A: |
The amount of retention sum related to the supply made before 01 June 2018 is subject to GST at standard rate of 6%. LMN Construction Sdn. Bhd. is liable to account for the output tax upon receiving of the retention sum even though payment was received on or after 01 June 2018. |
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17.27 |
Q: |
The joint management body / management corporation who manages the commercial buildings has received payment on 31 March 2018 as a consideration for the supply of maintenance and sinking fund for the period of 1 year from 01 January 2018 to 31 December 2018. Output tax at the rate of 6% has been accounted for in GST-03. Is there any change to the rate of tax for this supply? |
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A: |
GST remains at standard rate of 6%. |
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17.28 |
Q: |
The joint management body / management corporation who manages a commercial building has yet to receive payment on the supply of services for the period of 01 January 2018 until 31 May 2018. Payment received on 02 July 2018. Should GST be charged at a standard rate 0%? |
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A: |
No, GST is to be charged at a standard rate of 6%. |
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17.29 |
Q: |
What is the GST treatment on the supply of goods relief under First and Second schedule of GST (Relief Order) 2014? |
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A: |
With the revocation of the GST (Relief Order) 2014, the supply of goods with effect from 01 June 2018 is subject to GST at the rate of 0%. |
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17.30 |
Q: |
A commercial development project was completed on 18 May 2018. However, the consultant is only able to issue the certificate of work done on 20 June 2018. Tax invoice is issued on 30 June 2018 after the consultant confirmed the final amount. Is GST to be imposed on standard rate of 6% or 0%? |
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A: |
Standard rate of 6%. |
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17.31 |
Q: |
Jom Travel Sdn Bhd has made a hotel booking of RM101,760 and made a security deposit on 04 March 2018 amounting to RM30,528 and is expected to stay at the hotel on 15 July 2018. What is the GST implication on the supply to be made on 15 July 2018? |
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A: |
For the purpose of GST, the security deposit received is not part of consideration on the supply. The whole supply is subject to GST at standard rate of 0%. |
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17.32 |
Q: |
Jom Travel Sdn Bhd has made a hotel group booking for 5 tourists from Indonesia and Jom Travel Sdn Bhd has made a full payment of RM6,360 (inclusive of GST 6%) on 15 February 2018 and will be staying at the hotel from 01 July 2018 to 09 July 2018. What is the GST rate applicable to the supply made by the hotel operator? |
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A: |
Supply of accommodation services is subject to GST at standard rate of 6% because full payment has been made before 01 June 2018. |
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17.33 |
Q: |
What is the status of my review application under section 124 of GSTA 2014 that has been made prior to 01 June 2018? |
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A: |
It will be processed by the RMCD. |
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17.34 |
Q: |
Can I make an appeal on or after 01 June 2018 against a review request which has been rejected by the RMCD before 01 June 2018? |
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A: |
Yes, the appeal can be made to the GST Tribunal. |
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17.35 |
Q: |
Does a GST registered person need to apply for relief by Minister of Finance 1/2017 on services related to exported goods effective from 01 June 2018? |
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A: |
There is no need to apply for relief. |
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Tax code (As at 01 June 2018) |
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17.36 |
Q: |
What tax code is to be used for supply of goods / services made on or after 01 June 2018 and how it is supposed to be declared in GST-03? |
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A: |
A new tax code at the rate of 0% need to be created (SR-0) or any code that the company uses for standard rated local supplies at 0% on or after 01 June 2018. This tax code needs to be declared in column 5 (a) of the GST-03 return. |
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17.37 |
Q: |
Can I use a zero-rated supply code (ZRL) for standard rated supplies instead of SR-0? |
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A: |
Yes, the company may use ZRL code or any new code created for local supply at 0%. In the case of zero-rated supply (ZRL) made on or after 01 June 2018, value of supply shall be declared in column 5 (a) of GST- 03 because all ZRL supply have been changed to a standard rate 0%. |
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17.38 |
Q: |
Starting from 01 June 2018, how to declare supplies given relief by Minister, exempt supplies, other supplies (out-of-scope) and export of goods? |
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A: |
Normal rules apply to the declaration of the GST-03 return and tax code. |
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17.39 |
Q: |
What tax code is to be used for acquisition of goods / services made on or after 01 June 2018 and how is it supposed to be declared in GST-03? |
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A: |
A new tax code at the rate of 0% need to be created (TX-0) or any code that the company uses for standard rated local purchase at 0% on or after 01 June 2018. This tax code needs to be declared in column 6 (a) of the GST03 return |
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17.40 |
Q: |
Can I use a zero-rated acquisition code (ZP) for standard rated acquisition instead of TX-0? |
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A: |
Yes, the company may use the ZP code or any new code created for purchases at 0%. In the case of zero-rated purchases (ZP) made on or after 01 June 2018, value of purchase shall be declared in column 6 (a) of GST03 because all ZP purchases have been changed to a standard rate 0%. |
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17.41 |
Q: |
For credit notes and debit notes received from suppliers on or after 01 June 2018 relating to tax invoices for 6% standard rate supply issued before 01 June 2018, what tax code should be used for adjustment purposes involving negative values? |
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A: |
If a negative value exists in column 5 (b) of the GST-03, the adjustment for tax claim purposes shall use the "AJP" code and be pledged in column 6 (b) of the GST-03 statement. On the other hand, if a negative value exists in column 6 (b) of the GST-03, adjustments for tax purposes should use the "AJS" code and pledged in item 5 (b) of the GST-03 statement. |
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17.42 |
Q: |
What is the tax code used for issuance of debit note and credit note on or after 01 June 2018 which is related to tax invoice issued before 01 June 2018 for supply of standard rated goods / services at the rate of 6%? |
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A: |
The tax code to be used is SR (6%). |
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The information provided in this FAQ’s aim to provide better understanding of GST treatment and is not intended to address all possible GST issues. The information is correct as at the date of publication. RMCD has the right to amend or withdraw this FAQ. |
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Royal Malaysian Customs Department |