Guide On Service Tax Regis 1
Guide On Service Tax Regis 1
GUIDE ON :
REGISTRATION
Published by:
27 August 2018
Publication
Copyright Notice
The Guide may be withdrawn, either wholly or in part, by publication of a new guide.
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transmitted in any form, including on-site for commercial purposes without written
permission from the Royal Malaysian Customs Department (RMCD). In reproducing
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Disclaimer
INTRODUCTION ........................................................................................................ 1
SERVICE TAX IN GENERAL .................................................................................... 1
SERVICE TAX REGISTRATION ............................................................................... 1
VALUE OF TAXABLE SERVICES ............................................................................ 2
REGISTRATION EFFECTIVE DATE ......................................................................... 5
REGISTRATION PROCEDURE ................................................................................ 6
TRANSITIONAL PERIOD .......................................................................................... 6
Automatic and Non- Automatic Registration ........................................................... 6
NEW REGISTRATION ............................................................................................... 8
VOLUNTARY REGISTRATION ................................................................................. 9
INTRA GROUP REGISTRATION .............................................................................. 9
NOTIFICATION OF PARTICULARS CHANGES OF REGISTERED PERSON ........ 9
RESPONSIBILITIES OF THE REGISTERED PERSON.......................................... 10
DEREGISTRATION ................................................................................................. 10
REGISTERED PERSON PUT UNDER LIQUIDATORS AND RECEIVERS ............ 11
FREQUENTLY ASKED QUESTIONS (FAQs) ........................................................ 12
FURTHER ASSISTANCE AND INFORMATION ON SST ....................................... 14
APPENDIX I ............................................................................................................. 15
GROUP A: ACCOMMODATION ........................................................................... 15
GROUP B: FOOD AND BEVERAGE .................................................................... 15
GROUP C: NIGHT-CLUBS, DANCE HALLS, HEALTH CENTRES, MASSAGE
PARLOURS, PUBLIC HOUSES AND BEER HOUSES ........................................ 16
GROUP D: PRIVATE CLUB ................................................................................. 17
GROUP E: GOLF CLUB AND GOLF DRIVING RANGE ...................................... 17
GROUP F: BETTING AND GAMING .................................................................... 17
GROUP G: PROFESSIONALS ............................................................................. 18
GROUP H: CREDIT CARD AND CHARGE CARD .............................................. 23
GROUP I: OTHER SERVICE PROVIDERS.......................................................... 24
Appendix II .............................................................................................................. 30
Flow Chart 1: For Person Who Provides Taxable Services .................................. 30
i
Guide on Service Tax Registration
As at 27 August 2018
INTRODUCTION
1. Effective from 1 September 2018, Sales Tax Act 2018 and the Service Tax Act
2018 together with its respective subsidiary legislations are introduced to replace the
Goods and Service (GST) Act 2014.
2. The service tax is charged and levied on any provision of taxable services
chargeable by taxable persons in Malaysia.
6. The tax rate is ad valorem tax at 6% and specific tax rates of RM25 per year
per credit card or charge card.
8. Taxable services are any services listed in the various group as prescribed in
the First Schedule of Service Tax Regulations 2018. These groups are shown in the
table in Appendix I.
9. Any person who provides taxable services and exceeds the prescribed value
of taxable services for a period within 12 months is required to be registered.
11. Any person providing taxable services below the value of taxable services is
not liable to be registered, but may apply for voluntary registration.
12. The value of taxable services is the total value of taxable services provided
which exclude the amount of service tax.
13. The taxable service groups under this Act is divided into two categories, the
first category, A to F (Appendix I) is where the service includes the Provision of all
services. The second category G to I (Appendix I) does not include Provision of all
services.
14. In determining the value of chargeable services for registration, the liabilities in
the first category shall be combined while the value of taxable services in the second
category should be calculated separately.
Calculation Of
Group Taxable Service
Taxable Service
A-F Provision Of All Services Combine
Provision does not include all
G-I Separately
services
Example:
(i) Zee Sdn Bhd provides hotel rooms in Group A and Café in Group B and
parking spaces in Group I. Calculation of Value of taxable services from
each group is as shown in the table below:
Zee Sdn Bhd should register Hotel rooms and Café as taxable service
but not to include parking space.
16. In order to determine the liability for a service provider registration, the value of
taxable services for a period within12 months shall be calculated by using the following
method:
(a) Historical method - Total value of taxable service in any month and the
11 months immediately preceding that month.
1 September 2017 30 July 2018 31 August 2018 1 September 2018 1 October 2018
RM390,000.00 RM120,000.00
(b) Future method - The total value of taxable service in any month and the
expected value of taxable service of 11 months immediately succeeding
that month.
1 October 2018 31 October 2019 31 July 2019 1-31 August 2019 1 September 2019
RM100,000 RM420,000
17. Any person is required to apply for registration no later than the last day of the
following month after being liable to register. The effective date of the registration shall
be on the first day of the following month after the month in which he made an
application for registration.
REGISTRATION PROCEDURE
18. Applications for service tax registration shall be made online via MySST portal
at www.mysst.customs.gov.my. Applicants are required to complete the information
and details required in the registration form prescribed in the Service Tax Regulations
2018. Registration kiosks are provided at the SST Division in all RMCD offices
throughout Malaysia.
19. After registration application has been approved, an approval letter will be
generated by the system, stating the service tax registration number, the effective date
of registration and other relevant details with appendix of registered person’s
responsibilities. This approval letter will be sent to the email address given by
applicants during registration.
TRANSITIONAL PERIOD
20. During the transition of the tax system, identified by MSI Code and registered
threshold under the (Goods and Services) GST Act 2014, manufacturers will be
automatically registered by the Director General of Customs (DG) subject to the
prescribed criteria and must impose service tax from 1 September 2018.
21. Automatically registered persons may check their Service Tax registration
status in the MySST portal at [email protected].
22. Within the period from 1 August 2018 to 31 August 2018, the GST registrant
will be automatically registered as the Service Tax registration. The effective date
of the service tax registration is 1 September 2018.
23. For persons liable to be registered under the Service Tax Act 2018 which did
not receive emails or not automatically registered should apply for a new registration
electronically through the MySST Portal beginning August 2018.
24. Details of registration and effective date are explained by the scenarios in the
diagram below:
Effective Date
1 2 3 4 5 6
Scenario No.1:
Company Ali is a GST registrant. The company has been automatically registered
under Service Tax Act 2018 on 8 August 2018 and received an email as a registered
person. The effective date of registration is on 1 September 2018. Company Ali does
not need to apply for a new registration.
Scenario No.2:
Company Eng is a GST registrant, but does not receive the emailed registration letter
although the company is liable to register under Service Tax Act 2018 for exceeding
the value of taxable services. On August 15, 2018, the company applied for
registration under Service Tax Act 2018 and the effective date of registration is on 1
September 2018. Registration is mandatory registration.
Scenario No.3:
Muthu Company is not a GST registrant and does not receive any registration letter.
His Company sales value has not reached the value of taxable services value. Muthu
Company is not liable to be registered but has applied for registration on 24 August
2018. Muthu Company will be registered and the effective date of registration is on
1 September 2018. Registration is a voluntary registration
Scenario No.4:
Zamri Company is not registered under GST and did not received any registration
letter although the company is liable to register under Service Tax Act 2018. The
sales value of the company has reached its value of taxable services value in June
2018. Zamri Company needs to apply for a new registration. On 28 August 2018,
Zamri Company applied for registration and the effective date of registration is on 1
September 2018. Registration is mandatory registration
Scenario No.5:
Rokiah Company is a GST registrant but is not automatically registered under
Service Tax Act 2018. The company's sales value has reached the value of taxable
services and the company is liable to register under Service Tax Act 2018. On 11
September 2018, Rokiah Company has applied for registration. The registration date
is on 1 October 2018. Registration is mandatory registration.
Scenario No.6:
Tan Company is not registered under GST but the company is liable to register under
Service Tax Act 2018. Tan Company needs to apply for a new registration. On 20
September 2018, Tan Company applied for registration. The effective date of
registration is on 1 October 2018. Registration is mandatory registration.
NEW REGISTRATION
25. Under the Service Tax Act 2018, any eligible person who are liable to be
registered are required to apply for registration not later than the last day of the
following month in which he is liable to be registered.
26. GST registrant whose total annual sales of taxable goods exceeds RM500,000
is considered liable to be registered under the Service Tax Act on August 2018.
Therefore this person could register in August 2018 or not later than 30 September
2018 and given the effective date on 1st September 2018 or 1st October 2018 for those
applying in September 2018.
27. The effective date of Service Tax registration is the first day of the month
following the month the application is made.
28. Liable person must register all his service premise address(s) and can only
perform his service activity at the premise(s) registered with RMCD.
VOLUNTARY REGISTRATION
29. Any person who provides taxable service with a total service value of 12 months
is below the prescribed value of taxable service are allowed to register under voluntary
registration.
30. Any member of an Intra Group providing allocated taxable service for Intra
Group Facilities under First Schedule of The Service Tax Regulations 2018, wholly to
and within the members of the group only, shall not be a taxable service and are not
required to register.
31. However as and when the company started to provide any of the taxable
service to a company outside the group, the Intra Group Facilities on that service are
void and the service should be treated as taxable services from that date and the
company are required to be registered if the value of that service exceeds the value
of taxable services in accordance with Section 13 of the Act.
33. Registered person may change other registered particulars on the system.
DEREGISTRATION
36. A registered person may apply to cancel his registration if he is no longer liable
to register.
37. Registration of any person may also be cancelled by the DG if it is found that
the person concerned is not liable or ineligible to register.
39. A registered person is required to notify RMCD within 30 days from the date of
occurrence if he ceases business or ceases providing taxable services.
40. A registered person who has notified RMCD of his requirement to deregister is
still responsible as a registered person to impose service tax and submit SST-02 return
until the approved date of cancellation of service tax registration.
(i) Give notice to the DG within 14 days in writing after the winding up
resolution;
(ii) Set aside any service tax payable by the person to the RCMD; and
(iii) Pay RCMD the amount set in para (ii).
(ii) Set aside sufficient amount of any sales tax payable to RMCD by the
person before disposing of any of its asset; and
(iii) Pay RCMD the amount set in (ii) after disposing of the asset.
5. Q : Are there any exemption from registration under the Service Tax Act
2018?
A : No, there is no exemption on registration under this Act.
INQUIRY
APPENDIX I
GROUP A: ACCOMMODATION
GROUP G: PROFESSIONALS
For the purpose of this Group, any person in column 1 of Group G having a total value
of taxable service, whether combined or separately, of more than RM 500,000 of any
one or more taxable services mentioned in column 2 of such group.
Appendix II
Yes
Is the value of
You are not required
chargeable service
exceeded the No to register
threshold value of but you may register
RM500,000.00 or voluntarily
preparation of food
and beverages and
has annual sales
exceeding the
threshold value of
RM1,000,000?
Yes