CP stands for Cukai Pendapatan (Income Tax)
CP58, by itself, is a Statement (not a tax return), it is a requirement under Section 83A, Income Tax Act 1967 (hereinafter "ITA1967")
From who ?
Any company (Sdn. Bhd. or PLT), that pays to non-Employee.... (hereinafter "Payer")
To who ?
Anyone, individual or company, receiving payment from any company, as agent, as distributor, as dealer (hereinafter known as "ADD") (or any name with the nature of ADD)
When ?
CP58 must be prepared Payer to ADD on or 31st March for income derived by ADD in the calendar year before, e.g.
On or before 31.03.2023, AmGeneral Insurance Bhd. ("Payer") will have to issue CP58 to the Agent for the income (cash or non-cash incentive e.g. overseas trip) for the calendar year 2022 (01.01.2022 to 31.12.2022)
Any threshold ?
Yes, for amount more than RM5,000 in a calendar year.
What to include in CP58 ?
* Cash payment
* Non-cash incentive -- Overseas trip - the cost of the trip charge to the Profit & Loss Statement
What IF Payer didn't issue CP58 to ADD ?
General offence under ITA1967 is .....
Refer to Section 120(1)(b)...
Still confused ?
First, must know the relationship between the payer and recipient.
Employer <> Employee -- then Employer to issue Form EA to Employee.
Principal <> Dealer -- then Principal to issue CP58 to Dealer.
Service Provider <> Agent/Referer -- then Service Provider (who pays the commission or profit sharing) to issue CP58 to Agent/Referer
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Reference:
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