本帖最后由 invest2k 于 29-3-2011 11:56 PM 编辑
公司为了奖励旧员工(做了3年以上)免费飞机票和酒店去度假(注明:老板没有去,只是员工和家人去度假的leave passage)
2种做法 :
a)Travelling allowance (Claims given to employees equal to air ticket and hotel accommodation, debit into allowance account)
b) Air ticket and hotel accommodation (Debit into travelling accommodation)
c) Staff benefits
问题1:
1)公司方面能够扣税吗?(traveling allowance OR staff benefits)
我的答案 :不能
S39(1)(b) any disbursements or expenses not being money whollyand exclusively laid out or expended for the purpose of producing the gross income;
除非是entertainment expense under proviso (viii) of sec 39(1)(1) of the Act - leave passage provided to facilitate a yearly event within Malaysia involving the employer, employee and the immediate family members of the employee
2)以上的奖励在私人能够免税吗?
我的答案 :能
S13(1)Gross income of an employee in respect of gains or profits from an employment includes :
(b) an amount equal to the value of the use or enjoyment by the employee of any benefit or amenity (not being a benefit or amenity convertible into money) provided for the employee by or on behalf of his employer, excluding-
(ii) a benefit or amenity consisting of-
(A)leave passages including meals and accommodation for travel within Malaysia not exceeding three times in
any calendar year; or
(B) one leave passage for travel between Malaysia and any place outside Malaysia in any calender year, limited to a maximum of three thousand ringgit |