List of income tax offences, fines and penalties
The law imposes penalties (in form of fines and imprisonment) to ensure that all taxpayers pay their taxes in full and on time. Learn what are the offences and penalties, and do your best to avoid them.
The penalties for income tax offences as stipulated in the Income Tax Act 1967 are listed below.
Type of offences | Provision under ITA 1967 | Amount of fine (RM) |
Failure (without reasonable excuse) to furnish an Income Tax Return Form | 112(1) | 200 to 2,000 or imprisonment or both |
Failure (without reasonable excuse) to give notice of chargeability to tax | 112(1) | 200 to 2,000 or imprisonment or both |
Make an incorrect tax return by omitting or understating any income | 113(1)(a) | 1,000 to 10,000 and 200% of tax undercharged |
Give any incorrect information in matters affecting the tax liability of a taxpayer or any other person | 113(1)(b) | 1,000 to 10,000 and 200% of tax undercharged |
Willfully and with intent to evade or assist any other person to evade tax | 114(1) | 1,000 to 20,000 or imprisonment or both and 300% of tax undercharged |
Assist or advise (without reasonable care) others to under declare their income | 114(1A) | 2,000 to 20,000 or imprisonment or both |
Attempt to leave the country without payment of tax | 115(1) | 200 to 2,000 or imprisonment or both |
Obstruct any authorized officer of IRBM in carrying out his duties | 116 | 1,000 to 10,000 or imprisonment or both |
Fails (without reasonable excuse) to comply with an order to keep proper records and documentation | 119A | 300 to 10,000 or imprisonment or both |
Fails (without reasonable excuse) to comply with a notice asking for certain information as required by IRBM | 120(1) | 200 to 2,000 or imprisonment or both |
Fails (without reasonable excuse) to give notice on changes of address within 3 months | 120(1) | 200 to 2,000 or imprisonment or both |
Pay taxes after 30th April (for non-business income) Pay taxes after 30th June (for business income) | 103(3) 103(4) | a. 10% increment from the tax payable, and |
Pay installments after 30 days of the date set (for business income) | 107B(3) | 10% on installment due |
Actual tax 30% higher than the revised estimate of tax (for business income) | 107B(4) | 10% of the difference in actual tax balances and estimated tax made |
Source: Inland Revenue Board (IRB) / Lembaga Hasil Dalam Negeri (LHDN) Malaysia.
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