Compulsory registration.
The GST registration threshold is
MYR500,000. For compulsory registration, the threshold applies
in one of the following ways:
• The historical taxable annual turnover is more than
MYR500,000.
• There are reasonable grounds that the future taxable annual
turnover will be more than MYR500,000.
Based on the above, a business must notify the Director General
(DG) about the liability to register within 28 days of becoming
liable.
Voluntary registration.
If the value of taxable supplies made by a
business is below the registration threshold, the business may
register for GST voluntarily. A business that registers for GST
voluntarily must remain registered for at least two years unless
otherwise allowed by the RMCD.
Under the GST law, “taxable supply” is defined as a supply of
goods or services made in Malaysia other than an exempt supply.
In other words, businesses that make wholly exempt supplies
would not be eligible for voluntary registration.
Group registration.
Businesses that perform wholly taxable sup-
plies and have control over another company either directly or
indirectly through subsidiaries by holding more than 50% of the
issued share capital of the other company can apply for group
GST registration. Each member must be individually registered
for GST. After group members are registered as a GST group,
they are treated as a single taxable person and submit a single
GST return. Supplies made between members within the same
GST group are disregarded for GST purposes. Group members
are jointly and severally liable for all GST liabilities.
Foreign companies that are not established in Malaysia cannot
become members of a group. However, for the purposes of eligibility
for group registration, their subsidiaries or registered
branches in Malaysia can be considered as members of a group.
Divisional registration.
A business that operates through branches
or divisions has to determine whether it is liable to be registered
based on the aggregate total taxable supplies of all the branches
and divisions. Divisional registrations ease the GST administra-
tion for such businesses. On approval, each branch or division
may apply to register individually under the name of that branch
or division. Supplies made between divisions within the divi-
sional registration are disregarded for GST purposes.
Exemption from registration.
A taxable person that makes wholly
zero-rated supplies may request approval from the DG to be
exempted from registration.
Deregistration.
A business that ceases operations must cancel its
GST registration. The business is required to notify the RMCD
within 30 days from the date of such occurrence.
Non-established businesses.
A “non-established business” is a
business that has no fixed establishment in Malaysia. A business
that is not established in Malaysia must register for GST via a tax
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agent if it makes taxable supplies in Malaysia exceeding the reg-
istration threshold of MYR500,000.
Tax agent.
The business is required to appoint a local agent to act
on his behalf for all matters pertaining to GST. The local agent
will be liable for the accountability for tax regardless if he is a
taxable person or not. The registration of a foreign principal will
be under the name of such foreign principal.
Late-registration penalties.
Penalties will be imposed for failure
to register for GST, late payment of GST, late submission of GST
returns and the submission of incorrect returns.
D. Tax rates
The term taxable supplies refers to supplies of goods and
services that are liable for GST, including supplies that qualify for
zero-rating relief (subject to GST at 0%). The term exempt sup-
plies refers to supplies of goods and services that are exempted
from GST. Exempt supplies may give rise to a restriction on the
input tax.
The standard rate of GST in Malaysia is 6%. The standard rate of
GST applies to all supplies of goods and services, unless the sup-
plies qualify for zero rating or exemption.
Exports of goods and the supply of international services are
zero-rated. International services that qualify for zero-rating are
specifically listed in the GST Zero-Rated Supply Order. Exempt
supplies include the sale or lease of residential properties; financial transactions, including life and investment-linked insurances; domestic mass public transportation; private education; and
health services