How to minimize your Penalties​

The FINE is really scary. Nowadays SSM & IRB fines are really a lot of money.

Our business motto is It is not fine to pay fine.

Non-compliance and its penalty according to the below section of Companies Act, 2016 for Private Company (Sdn Bhd)

 

1) Lodgement of Annual Return (AR)

Section 68(1) of Companies Act, 2016

Requirement : Lodge the AR to SSM not later than 30 days from the anniversary of its incorporation date

 

Penalty : a fine not exceeding RM50,000.00

 

2) Prepare financial statements

Section 248(1) of Companies Act, 2016

Requirement : Prepare the financial statements within 6 months of its financial year end

Penalty : a fine not exceeding RM500,000.00 or imprisonment not exceeding 1 year or both

 

3) Circulation of financial statements and reports to members of the company

Section 258 (1) of Companies Act, 2016

Requirement : Circulate the financial statements within 6 months of its financial year end

 

Penalty : a fine not exceeding RM50,000.00

 

4) Duty to lodge financial statements and reports

Section 259 (1) of Companies Act, 2016

Requirement : Lodge the financial statement to SSM within 30 days from the circulation date (as per above Section 258)

 

Penalty : a fine not exceeding RM50,000.00

 

5) Failure to submit the tax return

Section 112 of Income Tax Act 1967

 

Penalty : –   200.00 to 20,000.00 or imprisonment for a term not exceeding 6 months / Both. In practice, IRB will impose a penalty of 15% to 45% of the tax payable for late filing of tax returns.

 

6) Late tax payment penalty

Section 103(3) of Income Tax Act 1967

 

Penalty : 10% shall be imposed on the amount unpaid without any further notice

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