GSK & Associates
ACCOUNTING RECORDS KEEPING - A MANDATORY REQUIREMENT IN MALAYSIA
The above is a mandatory requirement by the following Acts in Malaysia;
Income Tax Act, 1967 - Section 82
Companies Act, 2016 - Section 245
What constitutes "Records" & "Sufficient Records"?
As per the Section 82(9) of the Income Tax Act, 1967, Public Ruling No.:4/2000 (revised) & Companies Act 2016, "records" & "sufficient records" includes;
books of accounts
invoices, bank statements, cheque butts, receipts for payments, payroll records, copies of receipts issued, vouchers
other documents necessary to verify entries in any books of accounts
sales and purchases ledger, general ledger
A valuation of the stock in trade should be made at the end of the accounting period and the appropriate records maintained.
Important Characteristics of the "records"
Receipts issued should be serially numbered
Accounting entries for each transaction should be recorded not later than 60 days after the transaction
Records and books of accounts should be written in the national language or in English language
Source documents, accounting documents, in manual or electronic form should be sufficient to explain each business transaction
Where the original documents are in electronic form, the documents can be retained in such form
Other Requirements of taxpayers & Company Directors in Malaysia - As per the Section 82 of the Income Tax Act, 1967 and Section 245 of the Companies Act, 2016
Taxpayers and Company Directors are required to keep sufficient records for a period of 7 years
All records relating to business in Malaysia must be kept and retained in Malaysia
Records and books of accounts should be kept at the registered office or the business premises in Malaysia
If the records and books of accounts for operations outside Malaysia are kept outside Malaysia, the records and books of accounts should be produced at the registered office or the business premises
The Consequences of failing to keep sufficient records
The chargeable income of the taxpayer may be determined according to the best judgement of the Director General of LHDN (DG) and an assessment made accordingly.
The taxpayer and Company Directors may be prosecuted and, on conviction, may be liable to a fine or to imprisonment or both.