Tax Update of Budget 2010 - Duty of Employers


Filing of Employer’s Return

Employers shall, for each year, furnish to the Director General a return in the prescribed form not later than 31 March in the year immediately following the first-mentioned year containing:

  • The number of employees employed.
  • The number of employees under the Schedular Tax Deduction scheme.
  • The number of employees who have resigned and/or left Malaysia; and
  • Other particulars required by the Director General.

Filing of Employer’s Return – Employee’s Statement

The employer shall also render to his employees a statement or remuneration of that employee on or before the last day of February in the year immediately following the first-mentioned year containing the following information:

  • Relevant particulars of the employee.
  • Employment income.
  • Pension, annuity or periodical payments.
  • Schedular Tax Deductions made on behalf of the employee.
  • Compulsory contributions made by the employees to EPF, pension funds, or approved funds.
  • Details on arrears.
  • Tax exempt allowances, perquisites, gifts and benefits.
  • Other particulars required by the Director General

Penalty for Failing to Render Statements to Employees

A person who has failed to render to his employees a statement or remuneration of that employee on or before the last day of February would also be liable to a filing penalty of not less than RM200 and not more than RM2,000 or imprisonment for a term not exceeding 6 months or both.


Employer’s Responsibility for Tax of Employees

The full amount of tax due from the employee would now be debt due to the Government by the employer and may be recovered from the employer by way of civil proceeding.


Penalty for Failure to Furnish Tax Return

The Director General is empowered to impose additional penalty under that section in respect of any additional tax payable for the year of assessment in the case where return has not been furnished by the tax payer.