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RM1.28 mln penalty for company director over tax returns failure

17 Oct 2023, 12:03 PM
RM1.28 mln penalty for company director over tax returns failure

JOHOR BAHRU, Oct 17 — A construction company's director was fined RM23,000 and a RM1.28 million penalty imposed by the Magistrate's Court today for two counts of failing to file tax returns for the 2019 to 2021 assessment years.

Magistrate Nur Fatin Mohamad Farid imposed the sentence on Yusof Ahmad, 38, after he pleaded guilty to both charges.

The magistrate fined Yusof RM15,000, in default of six months imprisonment, and imposed RM1.28 million for the first count of failing to submit the tax returns as required under Section 77A(1) of the Income Tax Act 1967 for the assessment years of 2019 to 2021 on the company’s income to the Director-General of the Inland Revenue Board (IRB).

He was charged with failing to file the returns for the taxable income of RM1.22 million for the assessment year 2019, on which a tax of RM293,126.40 can be imposed and taxable income of RM562,364 for the assessment year 2020, on which tax of RM134,967.36 can be imposed.

The charge was framed under Section 112(1A) of the Income Tax Act 1967, which provides for a fine of up to RM20,000 or imprisonment of no more than six months or both and must pay a special penalty of three times the amount of tax that should have been imposed if found guilty.

For the second charge, Yusof was charged with failing to submit the tax returns as required under Section 77A(1) of the Income Tax Act 1967 for the assessment years of 2021 regarding the company's income to the IRB director-general within seven months from the date of closing its account, which was on or before July 31, 2022.

He was charged under Section 112(1) of the Income Tax Act 1967, which provides for a penalty of up to RM20,000 or imprisonment of not more than six months or both, if found guilty.

Yusof was fined RM8,000, in default of four months imprisonment for the offence.

Regarding the RM1.28 million penalty, the court allowed him to pay in instalments over a 12-month period from today.

Prosecuting officer Mazlan Alias ​​from the IRB prosecuted, while Yusof was unrepresented.

— Bernama

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