A 2% Withholding Tax (WHT) will be imposed to agents, dealers or distributors whose commission exceed RM100k within 1 year. Besides, LHDN has deferred the remittance of WHT until 31.03.2022.
According to the latest FAQ, the company has to email Form CP107D to LHDN before payment made and agents must have a tax number.
We have compiled some FAQs about Withholding Tax, let’s take a look!
FAQs （Updated until July 2022）
All types of payments, such as commissions and incentives in the form of cash, arising from sales, transactions or programs made by the agents/wholesalers/suppliers.
The threshold is assessed by company and year:
- By company: Agent A received RM108k commission from Company A and RM90k commission from Company B last year. In this year, agent A need to contribute 2% WHT in Company A, but no need to contribute in Company B.
- By year: If Agent B reaches the RM100k threshold in 2022, he needs to contribute WHT in 2023.
- The 2% WHT must be remitted to the LHDN before the end of next month.
- For example, if the payment date is July 2022, the deadline for remittance to LHDN is 31.08.2022.
During deferment period (01.01.2022 – 02.03.2022), the companies are allowed to pay the withholding tax latest by 01.04.2022. details:
- WHT deducted during 01.01.2022 – 02.03.2022 shall be remitted before 01.04.2022.
- WHT deducted after 03.03.2022 shall be remitted within 30 days after paying the commission to agents.
Kindly take note:
- The company needs to submit declaration for all eligible agents.
- Both Forms have been updated in July 2022, you can download the latest form at Template Listing !
- Both Forms have to be e-mailed to related branches before payment made
- Only e-mail to the branch that you will make payment to
Payment can be made by postage or at the LHDN service counters:
- LHDN Kuala Lumpur
- LHDN Kuching
- LHDN Kota Kinabalu
*Payment should be submitted together with the copy of your e-mail content for easier checking
Yes. The updated CP 58 will allow companies to declare WHT.
- Commission received in Jan 2022 will be declared in CP 58 2022.
- If the total commissions amount in 2021 exceeds RM100k, a 2% tax reduction will be required in 2022.
- If the company fails to remit the 2% withholding tax to LHDN within the time given, late payment penalties (10% of the unpaid tax) will be imposed.
- The company’s expenses are not allowed to be tax deductible.