Small Medium Enterprises (SMEs) and Tax Compliance

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							 A Survey on Small Medium Enterprises (SMEs) and Taxation (as of 03/08/2009)

Section A:       Background Information

A1.     What is your position in the company?

              SMEs owner/proprietor (please proceed to A2)

              Manager/administrator/company secretary that work in SMEs (please proceed to A2)

              Accountant/account officer/book keeper that work in SMEs (please proceed to A2)

              Tax practitioner/tax agent (thank you, please return the questionnaire)

              None of the above (thank you, please return the questionnaire)

A2.     Do you handle tax affairs of SMEs?

              Yes                                       No (please return the questionnaire)

A3.     Number of working experience related to taxation of SMEs?

             1-2 years         3-4 years         5-6 years        7-8 years        9-10 years       > 10 years

A4.     You are:              Male             Female

A5.     What is your age?

             < 21          21-30            31-40         41-50           51-60         > 61

A6.     Are you a member of Malaysian Institute of Accountants?                             Yes         No



Section B:       SMEs and Taxation

B1.     Which of the following best describe the type of business?

              Manufacturing            Trading              Service         Transport & storage

              Agriculture, forestry & fishing                Construction               Hotels & restaurants

              Others (please state:__________________)

B2.     How long has your business been in operating in Malaysia?

              1-2 years          3-4 years               5-6 years             7-8 years         9-10 years
              > 10 years

B3.     Where is your business located? Please state the State (KL, Kedah, Penang, …):
        _________________

B4.     Would you consider your office to be situated in an:

              Urban area                         Rural area                       Suburb area



A Joint Research of Assoc Prof Dr. Choong Kwai Fatt (UM) & Assoc Prof. Dr. Lai Ming Ling (UiTM)                  1
B5.     How many full-time employees (including yourself) are employed in your company?

             <5                       Between 5 & 19                    Between 20 & 50        51-100

                101-150              >150

B6.1    What is your company’s annual sales turnover in 2007?
           < RM200,000                                  Between 200,000 – 250,000
           Between RM250,000 & RM500,000                Between RM500,000 & RM1 million
           Between RM1 million & RM5 million            Between RM5 million & RM10 million
           Between RM10 million & RM25 million          >RM25 million

B6.2    What is your company’s annual sales turnover in 2008?
           < RM200,000                                  Between 200,000 – 250,000
           Between RM250,000 & RM500,000                Between RM500,000 & RM1 million
           Between RM1 million & RM5 million            Between RM5 million & RM10 million
           Between RM10 million & RM25 million          >RM25 million

B6.3    What is your company’s annual sales turnover in 2009?
           < RM200,000                                  Between 200,000 – 250,000
           Between RM250,000 & RM500,000                Between RM500,000 & RM1 million
           Between RM1 million & RM5 million            Between RM5 million & RM10 million
           Between RM10 million & RM25 million          >RM25 million

B7.1    What is your company’s paid up share capital in 2008?
          ≤ RM100,000                                  Between RM500,001 – RM1 million
          Between RM100,001 – RM200,000                Between RM1 million – RM1.5 million
          Between RM200,001 – RM300,000                Between RM1.5 million – RM2.0 million
          Between RM300,001 – RM400,000                Between RM2.01 million – RM2.5 million
          Between RM400,001 – RM500,000                >RM2.5 million

B7.2    What is your company’s paid up share capital in 2009?
          ≤ RM100,000                                 Between RM500,001 – RM1 million
          Between RM100,001 – RM200,000               Between RM1 million – RM1.5 million
          Between RM200,001 – RM300,000               Between RM1.5 million – RM2.0 million
          Between RM300,001 – RM400,000               Between RM2.01 million – RM2.5 million
          Between RM400,001 – RM500,000               >RM2.5 million

B8.     Is your company a subsidiary within a group of companies?
            Yes (please state number of entities____)                            No

B9.     Does your company engage tax agent to handle tax affairs?

            Yes                                          No (Go to QB11 onwards)

B10.    How much is the tax agent’s fee per year?

            ≤ RM2,000                         RM6,001-8,000                      RM12,001-14,000
            RM2,001-4,000                     RM8,001-10,000                     RM14,001-16,000
            RM4,001-6,000                     RM10,001-RM12,000                  > RM16,000


A Joint Research of Assoc Prof Dr. Choong Kwai Fatt (UM) & Assoc Prof. Dr. Lai Ming Ling (UiTM)             2
B11.    Currently, the tax rate for SMEs with chargeable income of RM500,000 or less is 20%, in
        your opinion, is it reasonable? (The paid-up capital has to be < RM2.5million)

            Yes         No (What rate will you propose? Please state: -Threshold (RM)________chargeable income
                                                                         -Rate(%)_____________

B12.    Which of the following, you wish the government should take to lighten the tax compliance
        burden of SMEs? Please tick only ONE.

            To lower the tax rate to ____ % on _____________ chargeable income

            To reduce penalties for tax non-compliance to ____ % (currently is 45%)

            To allow more expenses to qualify for double deduction; state the expenses

                    1.

                    2.

                    3.

                    4.

            Exemption of income tax for SMEs on ____ % chargeable income

            Exemption of import duty for SMEs

            Special simplified income tax system for SMEs ie. tax on revenue/turnover instead of
             chargeable income

B13.    Are you aware of the following tax incentives provided under the Income Tax Act/
        Promotion of Investment Act which are available for SMEs to claim? Please tick (√) the
        relevant box in B13(i) to (xiii).

                                                                                       Yes        No   Not sure
i.      SME can apply for pioneer status, to get tax exemption for 5
        years completely
ii.     SME can claim investment tax allowance, to get exemption of
        income based on capital expenditure incurred
iii.    SME can claim reinvestment allowance, to get exemption of
        income based on capital expenditure incurred
iv.     SME can get income tax exemption on increased export of
        goods and services
v.      SME who is a Malaysian international trading company can get
        for income tax exemption for 5 years
vi.     SME can get business tax deduction on acquisition of foreign
        owned company
vii.    SME can get business deduction on cost of acquisition
        proprietary rights
viii.   SME can get double deduction on research & development


A Joint Research of Assoc Prof Dr. Choong Kwai Fatt (UM) & Assoc Prof. Dr. Lai Ming Ling (UiTM)                   3
B13.     Are you aware of the following tax incentives provided under the Income Tax Act/
         Promotion of Investment Act which are available for SMEs to claim? Please tick (√) the
         relevant box in B13(i) to (xiii). (Cont’d)

                                                                                       Yes         No    Not sure
ix.     SME can get double deduction on insurance premium paid on
        import, insured with an insurance company incorporated in
        Malaysia.
x       SME can get double deduction on insurance premium paid on
        export, insured with an insurance company incorporated in
        Malaysia.
xi      SME can get double deduction on remuneration paid to
        disabled employees
xii     SME can get double deduction on promotional export expenses

xiii    SME can get 100% deduction on entertainment expenses
        wholly related to sales

B14.     Are you aware of the following record keeping requirement? Please tick (√) the relevant
         box.

                                                                                       Yes         No    Not sure
i.      Business transactions must be recorded into accounting books
        within 60 days
ii.     Accounting books must be kept for 7 years
iii.    SMEs run the risk of being selected for tax audit once in every 5
        years
iv.     Incorrect tax return will be fined 45% on tax undercharged
v.      Tax evasion will be fined 300% on tax undercharged
vi.     As at 1.7.2009, the IRBM/LHDN has published 40 Public Rulings
vii.    The IRBM/LHDN has re-issued Tax Audit Framework on 1
        January 2009

B15.     Please tick (√) the relevant answer for the following statements

                                                                                                           Not
                                      Statement                                              Yes    No
                                                                                                           sure
a.     Do you know a company is required to estimate tax payable 30 days
       before the beginning of a basis period?
b.     Do you know estimated tax payable must be not less than 85% from
       the estimated or revised estimated tax payable of immediate
       preceding year?
c.     Do you know a company can revise their tax payable estimation on
       the six and/or nine month?
d.     Do you know a company need to make the first instalments by the
       10th of the second month of the basis period?




A Joint Research of Assoc Prof Dr. Choong Kwai Fatt (UM) & Assoc Prof. Dr. Lai Ming Ling (UiTM)                     4
B15. Please tick (√) the relevant answer for the following statements (Cont’d)

                                                                                                         Not
                                         Statement                                         Yes    No
                                                                                                         sure
e.     Do you know when actual tax payable exceeds the original estimate
       or the revised estimate by an amount exceeding 30% of the actual
       tax payable, the difference will be subject to a penalty of 10%?
f.     Do you know there will be a 10% penalty for every late payment of
       instalments?
g.     Do you know there will be a 10% + 5% penalty for a late payment of
       balance of tax payable?

B16.     Please tick (√) the relevant answer for the following statements

                                                      Strongly Slightly Neutral Slightly Strongly
Statement
                                                      Disagree Disagree         Agree Agree
a.     It is difficult to estimate tax payable
       for a company                                       1             2           3            4             5
b.     There are too many tax deadlines to
       be remembered                                       1             2           3            4             5
c.     The tax laws always change
                                                           1             2           3            4             5
d.     The tax laws are difficult to
       understand                                          1             2           3            4             5
e.     The Public Rulings are not helping me
       to understand the tax laws better                   1             2           3            4             5
f.     IRBM always delay tax refund to my
       company                                             1             2           3            4             5
g.     IRBM is slow in responding to tax
       correspondence                                      1             2           3            4             5
h.     IRBM’s advice is not sufficiently
       accessible                                          1             2           3            4             5
I.     Cost of tax agent is too high
                                                           1             2           3            4             5

B17.     How much time on average does it takes you PER YEAR to familiarize yourself with all the
         obligations and changes in the Income Tax laws and regulations related to SMEs?

             2-4 days          4-8 days         8-12 days         1mth          2mth        > 3mth



Section C:       SMEs and Tax Audit

C1.      Has your company/business been selected for tax audit (field audit) in the past 5 years?

              Yes                       No (please go to Question C21 on page 8, thank you)

C2.      How many times have your company been selected for tax audit in the past 5 years?

             Once         Twice         Three times            Four times         Every year          Not sure
A Joint Research of Assoc Prof Dr. Choong Kwai Fatt (UM) & Assoc Prof. Dr. Lai Ming Ling (UiTM)                     5
C3.     How do you react to tax audit/s conducted on your company? (You may tick more than
        one)
            I accept it as normal course of the tax process
            Initially worried but feel relief upon knowing the purpose of tax audit
            Concerned about possible mistakes and additional tax or tax penalty after tax audit
            In my opinion, the IRBM/LHDN use tax audit/s to collect more tax from SMEs
            Others (please specify:_____________________________________________ )

C4.     Was adequate time given to your company to prepare the accounting document for tax
        audit/s?
             Yes                                No

C5.     How long did it take for IRB tax auditors to finalise tax audit/s?

              1mth            2mth            3mth             4mth

             5-6mth             1 year         > 1 year

C6.      In your opinion, are tax audits conducted professionally by the IRB tax auditors?

              Yes                                                  No

C7.     Did tax audit disrupt your business operation?

             Yes                                                   No                               Some times

C8.     Was there a tax adjustment or a discovery of under declared tax after tax audit/s?

              Yes                                                  No                               Some times

C9      What is the additional tax payable compared to original tax?

               < 10 %                   10 - 20%                  30 - 40 %                 > 50%

C10     What was the main cause of the outcome?

              Unaware of tax legislation charges
              Tax agent’s mistakes
              Clerical errors
              Insufficient documentation evidence to support claim
              Too many private transactions with directors/related company
              Industry practices not acceptable by IRB
              IRB deemed business profit based on industrial margin
              Others (please specify_______________________________________________)

C11.    What was your overall experience regarding a tax audit interview or negotiation during the
        finalisation stage?
            Good and Pleasant            Unpleasant and tedious
             Not as good as I have expected             Very tense
               IRB very demanding on tax settlement
                Others (please specify_______________________________________________)



A Joint Research of Assoc Prof Dr. Choong Kwai Fatt (UM) & Assoc Prof. Dr. Lai Ming Ling (UiTM)                  6
C12. What was your level of satisfaction on IRB tax auditors’ justification in respect of the tax
     adjustment made after the tax audit?
          Very satisfied               Dissatisfied                 Satisfied              
          Very dissatisfied            Neutral/No comment


C13.    Please tick (√) the relevant answer for the following statements

                                                      Strongly Slightly Neutral            Slightly Strongly
                    Statement
                                                      Disagree Disagree                     Agree Agree
 a. IRB tax auditors request too many
    documents that are often not used                      1            2           3             4       5
 b. IRB tax auditors request documents
    that are hard to locate or retrieve                    1            2           3             4       5
 c. IRB tax auditors require documents in
    multiple copies and they may request                   1            2           3             4       5
    them anytime
 d. IRB tax auditors are not happy with
    the explanation provided by my staff                   1            2           3             4       5
 e. IRB tax auditors did not accept the
    documents provided and question the                    1            2           3             4       5
    documents authenticity
 f. Important documents are misplaced
    by IRB tax auditors                                    1            2           3             4       5
 g. The top management in my company
    refuse to provide confidential                         1            2           3             4       5
    documents for tax audit


C14.    Did you engage your tax agent to represent your company for tax audit?
             Yes                                  No (Go to C17)

C15.    How much did you pay to your tax agent for representing you for tax audit?
           ≤ RM2,000                    RM2,001-4,000                 RM4,001- 6,000
           RM6,001- 8,000               RM8,001 –10,000                > RM10,000

C16.    Did your tax agent manage to reduce or negotiate for a tax reduction from a tax audit
        adjustment?
            Yes                                     No (go to C19, thank you)

C17.    Why your company did not engage tax agent for tax audit?
            The fee charged by my agent is too high
            My staff can handle tax audit
             Tax agent refuses to take up the assignments
             Others (please specify _________________________________________)

C18.    Is your tax agent helpful in the tax audit?               Yes                       No


A Joint Research of Assoc Prof Dr. Choong Kwai Fatt (UM) & Assoc Prof. Dr. Lai Ming Ling (UiTM)                7
C19.    How you rate the services rendered by tax agent overall in advising you on tax matters?



       1        2          3        4         5         6        7        8        9        10
very frustrated                                                                                   very satisfied


C20.    How you rate the services rendered by tax agent overall in advising you on tax audits?



       1        2          3        4         5         6        7        8        9        10
very frustrated                                                                                   very satisfied

C21.    Do you have any comment or suggestion regarding SMEs and taxation?




                                    Assoc Prof Dr. Choong Kwai Fatt
              Faculty of Business & Accountancy, Universiti Malaya, 50603 Kuala Lumpur
                          Thank You Very Much for Your Time & Participation
                                     Email: kwaifatt@um.edu.my




A Joint Research of Assoc Prof Dr. Choong Kwai Fatt (UM) & Assoc Prof. Dr. Lai Ming Ling (UiTM)                    8

						
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