SST 1. Guide - Manufacturing N Import Export 23082018-v2
SST 1. Guide - Manufacturing N Import Export 23082018-v2
GUIDE ON :
A. MANUFACTURING
B. IMPORT / EXPORT
Published by:
23 August 2018
Publication
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Disclaimer
INTRODUCTION ............................................................................................................. 1
SALES TAX CONCEPT .................................................................................................. 1
A. MANUFACTURING
SCOPE OF MANUFACTURERS .................................................................................... 1
ACTIVITIES IN MANUFACTURING ............................................................................... 2
Manufacturing .............................................................................................................. 2
Subcontract ................................................................................................................. 5
Goods Returned or Sent for Re-Processing and Repair.............................................. 7
EXEMPTION FROM REGISTRATION ............................................................................ 8
PURCHASE OF RAW MATERIALS, COMPONENTS, MACHINERY/ EQUIPMENT AND
MANUFACTURING AIDS ............................................................................................. 10
Raw materials and components ................................................................................ 10
Machinery and Equipment ......................................................................................... 11
Manufacturing Aids .................................................................................................... 12
DISPOSAL OF MACHINES, EQUIPMENT AND SPARE PARTS ................................ 14
TAXABLE PERIOD ....................................................................................................... 15
SUBMISSION OF RETURN .......................................................................................... 15
PAYMENT OF TAX ....................................................................................................... 15
ISSUANCE OF DOCUMENTS ...................................................................................... 16
RECORD KEEPING ...................................................................................................... 16
CALCULATION OF DUTY / TAX .................................................................................. 17
FACILITIES ................................................................................................................... 25
Exemption ................................................................................................................. 25
Bad Debts.................................................................................................................. 25
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B. IMPORT AND EXPORT
IMPORT ........................................................................................................................ 26
Importation and Transportation of Goods into Principal Customs Area ..................... 26
Importation and Transportation of Goods into / from Designated Areas (DA) ........... 26
Importation and Transportation of Goods into / From Special Areas ......................... 28
Importation of Goods into Duty Free Shop (DFS) ...................................................... 34
EXPORT........................................................................................................................ 35
Direct Export .............................................................................................................. 35
Export through Third Party ........................................................................................ 36
FREQUENTLY ASKED QUESTIONS (FAQs) .............................................................. 37
Transitional GST at Standard Rate (0%) to Sales Tax .............................................. 37
Manufacturing ............................................................................................................ 38
INQUIRY ....................................................................................................................... 41
FURTHER ASSISTANCE AND INFORMATION ON SST ............................................ 41
APPENDIX .................................................................................................................... 42
Table 1: Sales Tax Treatment for Designated Areas (DA) ........................................ 42
Table 2: Sales Tax Treatment for Special Areas (Free Zone / FZ) ............................ 43
Table 3: Sales Tax Treatment for Special Areas (Licensed Warehouse / LW) .......... 44
Table 4: Sales Tax Treatment for Special Areas ....................................................... 45
Table 5: Sales Tax Treatment for Special Areas (Joint Development Area / JDA) .... 46
Table 6: Sales Tax Treatment for Duty Free Shop (DFS).......................................... 46
ii
Guide On Manufacturing and Import / Export
As at 23 August 2018
INTRODUCTION
1. Effective from 1 September 2018, Sales Tax Act 2018 and the Service Tax Act
2018 together with its respective subsidiary legislations are introduced to replace the
Goods and Service (GST) Act 2014.
3. Sales tax administered in Malaysia is a single stage tax imposed on the finished
goods manufactured in Malaysia and goods imported into Malaysia.
5. Sales tax on imported goods is charged when the goods are declared, duty/ tax
paid at the time of customs clearance.
A. MANUFACTURING
SCOPE OF MANUFACTURERS
6. Manufacturers who manufacture taxable goods with sales value which exceeds
RM500,000 within the period of 12 months, are required to be registered pursuant to
Section 12 Sales Tax Act 2018.
8. Manufacturers who carry out its business as a subcontractor and the total labour
charge of the subcontract works exceeds RM500,000 within 12 months, are required to
be registered pursuant to Section 12 of the Sales Tax Act 2018.
ACTIVITIES IN MANUFACTURING
Manufacturing
9. As provided in Section 3 of the Sales Tax Act 2018, principles related to the
definition of manufacturing are:
(iii) Changing the quality of the finished goods turning it into a new product,
such as hot-dip galvanizing, chroming, electroplating and subcontract work
of painting finished goods sent by another manufacturer for example
painting of motor car body kit / accessories. Manufacturer only charges
labour fee for work performed on the finished goods.
10. Simple manufacturing process like combining two or three tools / components with
screws on a machine is not subjected to the definition of manufacture provided that:
(i) The machine is complete and there are no additional materials used in the
new installation.
Summary:
Company has purchased machine and components to be installed in his
manufacturing plant.
Rational:
Such process of installation is not subject to manufacturing definitions
under section 3 of the Sales Tax Act 2018.
Subcontract
12. Subcontractors normally do work that are given by another manufacturer. The
manufacturer supplies raw materials or semi finished goods to the subcontractor for
further work to be done to complete the goods. Registered manufacturer can apply to
appoint subcontractors by submitting an application through the MySST system.
58(1)(b) Sales Tax Act 2018 and exemption from payment of tax
can be claimed by the exporter under item 56 Schedule A of the
Sales Tax (Person Exempted from Payment of Tax) Order 2018.
14. Goods imported from any country, transported from FIZ or Labuan which is in
Designated Area (DA) or moved from LMW for repair and subsequently re-exported,
transported or moved back through the same route within three (3) months, is subject to
sales tax unless an exemption is claimed by the importer under item 34 Schedule A of
the Sales Tax (Person Exempted from Payment of Tax) Order 2018.
15. Locally manufactured taxable goods, excluding petroleum, which have been
exported and subsequently re-imported within twelve (12) months from the date of export
for the purpose of reprocessing, are subject to sales tax unless an exemption is claimed
by the importer under item 35 Schedule A of the Sales Tax (Person Exempted from
Payment of Tax) Order 2018.
16. Goods exported to any country, transported to FIZ or Labuan or moved to LMW
for repair and subsequently re-imported or returned by the same route, is subject to sales
tax unless an exemption is claimed by the importer under item 36 Schedule A of the
Sales Tax (Person Exempted from Payment of Tax) Order 2018.
17. Irrespective of the total sales value of taxable goods in the period of twelve (12)
months, manufacturers with manufacturing operations as below are exempted from
registration as provided under subsection 13(1) of Sales Tax Act 2018:
(i) The developing and printing of photographs and the production of film
slides;
(ii) The engraving of articles with the name of the recipient, his sports record or
other circumstances under which the article was donated or awarded;
(vi) The preparation of tarred metal, tarred screenings, and hot mixed
preparations of bitumen and metal for roadmaking;
(vii) The production of copies of document by the photo copy or similar copying
process;
(viii) The repacking of bulk goods into smaller packages by a person other than
a registered manufacturer;
(x) The testing of eyesight, the prescription of suitable lenses and the fitting of
such lenses into frames;
(b) the fitting of glass tops and, or glass doors to pieces of furniture
otherwise complete.
(xii) The reduction of size and or changing of the shape of taxable materials
without changing the nature of such materials, provided that the sizing and,
or shaping is not part of the normal process in manufacture of a separate
article;
(xiii) The rendering of personal tailoring service but excluding the manufacturing
of garments and other textile articles on the basis of bulk and not
personalised production by a firm or company engaged in the business of
manufacturing garments and other textile articles;
(xv) The colouring of cloth supplied by another person without changing the size
or shape of the said cloth;
(xx) The recovery of gold from jewellery and, or the refining of gold.
18. Sales tax exemption is given to raw materials and components used directly in the
manufacturing process of goods manufactured, from the initial stage of manufacturing
until the finished products is finally packaged and ready for export. This includes
packaging materials and casings (e.g. casings for calculators and cameras). The
exemption is given provided that it is claimed by the person entitled for the claim or the
goods are exempted from tax in the exemption order.
19. Raw materials / components which are not elegible for sales tax exemption,
such as:
(i) Fuel oil
22. The exemptions stated in paragraph 20 and 21 can be claimed provided that:
(ii) Registered manufacturer has to pay sales tax on the raw materials,
components and packaging materials including petroleum that could not be
accounted for.
23. Machinery / equipment required for manufacturing are all items necessary for the
processing of the goods manufactured starting from the initial state right up to the
finishing state where the final product is packed ready to be sold or for export.
24. All such machinery and equipment must be new and unused which includes
testing equipment, tools, quality control gadgets, labelling machines, work bench,
weighing scales, spare parts, replacement machinery / equipment, grinding stones,
pollution control equipment for industrial waste treatment, welding shields, central unit air
conditioning plant for factory use, spare parts for machinery and computers for factory
use only. Besides being imported, machinery and equipment can also be purchased from
local suppliers.
25. Machinery / equipment not included in the above definition are forklifts,
construction / building materials, office equipment / furniture, fire-fighting equipment,
vehicles and generator.
27. Sales tax exemption on machinery and equipment imported or purchased by the
approved manufacturer can be claimed provided that:
(i) The machinery and equipment are new and unused and are placed at all
times at the premise of the approved manufacturer;
(ii) The machinery and equipment shall be used directly in the manufacture of
finished goods at the premise of the approved manufacturer;
(iii) All machinery and equipment which are exempted from sales tax cannot be
sold, transferred or moved from the premise of the approved manufacturer
without the permission of the DG;
(iv) The manufacturer shall pay taxes on goods that cannot be accounted for.
Manufacturing Aids
28. Manufacturing aids are any goods used in the manufacturing process to
accelerate and to further improve, complete or complement the manufacturing process of
the goods manufactured.
29. Examples of manufacturing aids are lubricants, jigs, mould, mounting materials,
chemical cleaners and sandpaper.
30. For electronic industry sector, the sales tax exemption on the cleanroom
equipment is also considered on the basis that although the device is not used directly in
manufacturing, it is necessary to guarantee the manufacturing area is free from dust and
electrical emissions interference. Such items / equipments are:
(iv) Glass
31. Besides being imported, manufacturing aids can also be purchased from LMW,
LW or FZ or another registered manufacturer by any registered manufacturer in PCA and
are subject to sales tax unless an exemption is claimed by the registered manufacturer in
PCA under item 1 Schedule C of the Sales Tax (Person Exempted from Payment of Tax)
Order 2018.
32. Importation of manufacturing aids which are subject to the Customs (Prohibition of
Imports) Order 2017, must comply with the conditions as prescribed under such Order.
(i) That the goods shall be used solely in the manufacturing of finished goods
of any registered manufacturer.
(ii) The manufacturer shall pay taxes on goods that cannot be accounted for.
34. Disposal of machines, equipment and spare parts that are imported or obtained
through tax exemption under item 55 Schedule A of the Sales Tax (Person Exempted
from Payment of Tax) Order 2018 can be made through several manners such as
destruction, transfer, sale, export and free gifts.
35. If the goods to be disposed are aged less than 10 years from the date of
importation or purchase, the registered manufacturer must account for the sales tax as
provided under item 55 Schedule A of the Sales Tax (Person Exempted from Payment of
Tax) Order 2018. The registered manufacturer is to account for sales tax based on the
tax rate and value of the goods upon acquisition from his supplier as stated in the
prevailing Customs Duties Order 2017 and Sales Tax (Rate of Tax) Order 2018 for waste
or scrap.
36. If such goods are aged 10 years or more, the registered manufacturer is exempted
from paying sales tax.
37. The approval from relevant agencies should be obtained in advance if the goods
exempted from sales tax are to be destroyed and subject to regulation or control of the
agency concerned e.g. Department of Environment.
TAXABLE PERIOD
38. Taxable period as prescribed under the provisions of Section 2 and 25 of the
Sales Tax Act 2018 is two (2) calendar months or part of the two months ending on the
last day of the second month.
SUBMISSION OF RETURN
39. As provided in Section 26 of the Sales Tax Act 2018, sales tax return shall be
submitted not later than the last day of the month following the taxable period specified.
40. Each registered manufacturer is required to submit sales tax return whether there
are any taxable goods manufactured, sold, disposed of other than sale, disposed of apart
from to be used as a material in manufacturing and whether any sales tax paid or not for
the taxable period.
PAYMENT OF TAX
41. The registered manufacturer is required to declare the sale of taxable goods in the
sales tax return in accordance with Section 26 of the Sales Tax Act 2018 and pay sales
tax due and payable not later than the last day on which the registered manufacturer is
required to furnish the return.
42. The finished goods manufactured and exported out of Malaysia by a registered
manufacturer are exempted from sales tax under item 56 Schedule A of the Sales Tax
(Person Exempted from Payment of Tax) Order 2018 and should be declared in the
Customs Form No. 2 (K2).
ISSUANCE OF DOCUMENTS
(ii) Issuance and receipt of the credit notes or debit notes to make deduction or
addition on the sales and purchases of taxable goods as provided under
Section 23 of the Sales Tax Act 2018.
RECORD KEEPING
44. As provided under Section 24 of the Sales Tax Act 2018, every taxable person is
required to keep records on matters as follows:
(a) Purchase invoice and returns of all raw materials and packaging
materials used in the manufacturing.
(b) Sales tax returns which are properly kept and updated.
(c) Agreement or transaction documents with the seller or buyer, for the
purpose of audit inspection.
45. For the calculation of sales tax on imported and locally manufactured goods, the
value of imported goods and value of goods sold should be based on the principles of
valuation set out under the Sales Tax (Determination of Sale Value of Taxable Goods)
Regulations 2018 in accordance with Section 9 of the Sales Tax Act 2018.
46. For taxable goods manufactured by a taxable person, the value of sales is
determined taking into account the value of:
47. For taxable goods imported into Malaysia, the value of taxable goods for the
purpose of duty/tax payment is the sum of the following amount:
(i) The value of the taxable goods for the purpose of customs duties payment;
(ii) The amount of customs duties, if any, paid or payable on the taxable goods;
and
(iii) The amount of excise duty, if any, paid or payable on the taxable goods.
Goods - Cigarette
Tariff Code - 2402.20.9000
CIF Value of Goods - RM 100.00
Quantity - 1 box
Number of sticks in one (1) box - 20 sticks
Tax Calculation - Duty Rate x No. of
sticks
Import Duty Rate - RM 0.20 per stick
Tax Calculation - RM 0.20/stick x 20
sticks
Import Duty = RM 4.00
Excise Duty Rate - RM 0.40 per stick
Tax Calculation - RM 0.40 per stick x
20 sticks
Excise Duty = RM 8.00
Customs Value + Import Duty + Excise Duty - (RM100.00 +
RM4.00 + RM8.00)
= RM 112.00
Sales Tax @10% = RM 11.20
Quantity - 1 kg
Customs Value of Goods - RM 100.00
Import Duty Rate - 5% and RM 40.00
Tax Calculation - (RM100.00x5%)+
(RM40.00x1kg)
Import Duty = RM 45.00
Excise Duty Rate - RM 27.00 and 5%
Tax Calculation - (RM 27.00 x 1 kg) +
[(Customs Value
+Import Duty)x5%]
- RM 27.00 +
[(RM100.00+
RM45.00) x 5%]
- RM 27.00 +
(RM145.00x5%)
- RM 27.00 +
RM 7.20
Excise Duty = RM 34.25
(ix) Importation of Liquor (Import Duty, Excise Duty and Sales Tax paid or
to be paid)
Goods - Beer
Tariff Code - 2203.00.9900
Customs Value of Goods - RM 100.00
Quantity - 1 can
Content - 350 ml
Alcohol content - 5.5% i / i
Import Duty Rate - RM 5.00
Import Duty = RM 5.00
Excise Duty Rate - Excise duty rate x
quantity x alcohol
content
Tax Calculation - RM 175.00 per
100% vol. per liter
x 0.35 liter x 5.5%
Excise Duty = RM 3.37
Customs Value+Import Duty+Excise Duty - (RM100.00+RM5.00
+RM3.37)
- RM108.37
Sales Tax @10% - RM10.83
Goods - Cigarette
Tariff Code - 2402.20.9000
- RM 153.00
Sales Tax @10% = RM 15.30
Goods - Beer
Tariff Code - 2203.00.9900
Open Market Value (OMV) - RM100.00
Quantity - 1 can
Content - 350 ml
Alcohol content - 5.5% i / i
Excise Duty Rate - Excise duty rate x
quantity X alcohol
content
Tax Calculation - RM 175.00 per
100% vol.per liter x
0.35 liter x 5.5%
Excise Duty - RM 3.37
OMV+Excise Duty - RM 100.00 +
RM 3.37
- RM 103.37
Sales Tax @10% = RM 10.33
FACILITIES
Exemption
50. Registered manufacturers are eligible to enjoy various exemption given under the
Sales Tax (Goods Exempted from Tax) Order 2018 and Sales Tax (Person Exempted
from Payment of Tax) Order 2018.
51. The exemption of sales tax on goods imported or manufactured in Malaysia may
be claimed under Schedule A of the Sales Tax (Goods Exempted from Payment of Tax)
Order 2018 as set out in paragraph 2 and 3 of the same Order.
52. Schedule A of the Sales Tax (Person Exempted from Payment of Tax) Order 2018
involves the exemption from payment of tax which is granted to a specific person.
53. Schedule B of the Sales Tax (Person Exempted from Payment of Tax) Order 2018
involves the exemption from payment of tax granted to any manufacturer based on goods
manufactured by him.
54. Schedule C of the Sales Tax (Person Exempted from Payment of Tax) Order 2018
involves the exemption from payment of tax granted to any registered manufacturer or
any person acting on behalf of registered manufacturer.
• Please refer to the Sales Tax Orders and the Guide on Exemptions as
published in the Customs Portal, for further information on details of the
exemptions.
Bad Debts
55. The registered manufacturer can claim back either wholly or partly sales tax paid
to the DG provided that:
(i) The whole or part of the sales tax has been written off as bad debts in his
account and;
(ii) The DG is satisfied that reasonable efforts have been taken to recover the
sales tax involved.
• Please refer to the the Sales Tax General Guide as published in the Customs
Portal, for further information on application for claim back of bad debts.
IMPORT
56. Goods other than goods as listed in Sales Tax (Goods Exempted from Sales Tax)
Order 2018, imported into Principal Customs Area (PCA) are subject to sales tax.
Importation shall be declared in the Customs Form No. 1 (K1) and sales tax has to be
paid at the time of customs release.
57. Taxable goods transported from LW or LMW into PCA are to be declared in the
Customs Form No. 9 (K9).
58. Taxable goods transported from FZ into PCA are to be declared in the Customs
Form No.1 (K1).
59. Designated Area (DA) is an area which comprises of Labuan, Langkawi and
Tioman and is excluded from the interpretation of Malaysia specifically in Part VIII of the
Sales Tax Act 2018.
60. Sales tax is not charged on taxable goods imported, transported or sold in the
following circumstances for DA:
(i) Taxable goods imported from a place outside Malaysia into DA are not
subject to sales tax in accordance with paragraph 50(a)(i) of the Sales Tax
Act 2018 and should be declared in Customs Form No. 1 (K1).
However, the sales tax is charged on some goods such as set out in the
Sales Tax Order (Imposition of Sales Tax in Designated Area) 2018 and
should be declared in Customs Form No. 1 (K1) upon entering the DA.
(iii) Taxable goods transported from DA to another DA are not subject to sales
tax as provided in paragraph 50(a)(ii) of the Sales Tax Act 2018 and should
be declared in Customs Form No. 8 (K8).
(iv) Taxable goods transported from DA to FZ and LW are not subject to sales
tax as provided in paragraph 50(a)(iii) of the Sales Tax Act 2018 and should
be declared in Customs Form No. 8 (K8).
(v) Taxable goods transported from DA to LMW are not subject to sales tax as
provided in paragraph 50(a)(iii) of the Sales Tax Act 2018 and should be
declared in Customs Form No. 1 (K1).
(vi) Taxable goods transported from DA to JDA are not subject to sales tax as
provided in paragraph 50(a)(iii) of the Sales Tax Act 2018 and should be
declared in Form JDA No. 1 (JDA1).
• Please refer to Table 1 for matrix format of the sales tax treatment for
Designated Area.
61. Special Areas (SA) is an area which comprises of Free Zone (FZ), Licensed
Warehouse (LW), Licensed Manufacturing Warehouse (LMW) and Joint Development
Area (JDA) and is excluded from the interpretation of Malaysia specifically in Part IX of
the Sales Tax Act 2018.
62. Sales tax is not charged on taxable goods imported, transported or sold in the
following circumstances for FZ:
(i) Goods imported into FZ are not subject to sales tax as provided in
paragraph 57(a)(i) of the Sales Tax Act 2018. Importation into Free
Commercial Zone (FCZ) should be declared in ZB1 Form which is
monitored by the Free Zone Authority under the Free Zone Act 1990, while
importation into Free Industrial Zone (FIZ) and Stulang Laut (FCZ) shall be
declared under Customs Form No. 8 (K8).
(iii) Goods transported between FZ, and FZ to LW are not subject to sales tax
as provided in paragraph 57(a)(ii) of the Sales Tax Act 2018 and should be
declared in Customs Form No. 8 (K8).
(iv) Goods transported from FZ to LMW are not subject to sales tax as provided
in paragraph 57(a)(ii) of the Sales Tax Act 2018 and should be declared in
Customs Form No. 1 (K1).
(v) Goods transported from FZ to JDA are not subject to sales tax as provided
in paragraph 57(a)(ii) of the Sales Tax Act 2018 and should be declared in
Form JDA No. 1 (JDA1).
(vi) Goods transported from FZ to DA are not subject to sales tax as provided in
paragraph 57(a)(iii) of the Sales Tax Act 2018 and should be declared in
Customs Form No. 8 (K8).
(vii) Goods transported from FZ to ICD is an importation and subject to sales tax
but exempted under item 49 Schedule A of the Sales Tax (Person
Exempted from Payment of Tax) Order 2018. The importation should be
declared in Customs Form No. 8 (K8).
• Please refer to Table 2 for matrix format of the sales tax treatment for Free
Zone.
63. Sales tax is not charged on taxable goods imported, transported or sold in the
following circumstances for LW:
(i) Goods imported into LW are not subject to sales tax as provided in
paragraph 57(a)(i) of the Sales Tax Act 2018 and should be declared in
Customs Form No. 8 (K8).
(iii) Goods transported from between LW are not subject to sales tax as
provided in paragraph 57(a)(ii) of the Sales Tax Act 2018 and should be
declared in Customs Form No. 8 (K8).
(iv) Goods transported from the LW to FZ and LMW are not subject to sales tax
as provided in paragraph 57(a)(ii) of the Sales Tax Act 2018 and should be
declared in Customs Form No. 8 (K8).
(v) Goods transported from LW to JDA are not subject to sales tax as provided
in paragraph 57(a)(ii) of the Sales Tax Act 2018 and should be declared in
Form JDA No. 1 (JDA1).
(vi) Goods transported from LW to DA are not subject to sales tax as provided
in paragraph 57(a)(iii) of the Sales Tax Act 2018 and should be declared in
Customs Form No. 8 (K8).
• Please refer to Table 3 for matrix format of the sales tax treatment for
Licensed Warehouse.
64. Sales tax is not charged on taxable goods imported, transported or sold in the
following circumstances for LMW:
(i) Goods imported to LMW are not subject to sales tax as provided in
paragraph 57(a)(i) of the Sales Tax Act 2018 and should be declared in
Customs Form No. 1 (K1).
(iii) Goods transported between LMW are not subject to sales tax as provided
in paragraph 57 (a)(ii) of the Sales Tax Act 2018 and should be declared in
Form GPB No. 1 (GPB1).
(iv) Goods transported from LMW to FZ are not subject to sales tax as provided
in paragraph 57(a)(ii) of the Sales Tax Act 2018 and should be declared in
Customs Form No. 2 (K2).
(v) Goods transported from LMW to LW are not subject to sales tax as
provided in paragraph 57(a)(ii) of the Sales Tax Act 2018 and should be
declared in Form GPB No. 2 (GPB2).
(vi) Goods transported from LMW to JDA are not subject to sales tax as
provided in paragraph 57(a)(ii) of the Sales Tax Act 2018 and should be
declared in Form JDA No. 1 (JDA1).
(vii) Goods transported from LMW to DA are not subject to sales tax as
provided in paragraph 57(a)(iii) of the Sales Tax Act 2018 and should be
declared in Customs Form No. 2 (K2).
(viii) Goods transported from LMW to ICD is an importation and subject to sales
tax but exempted under item 49 Schedule A of the Sales Tax (Person
Exempted from Payment of Tax) Order 2018. The importation should be
declared in Customs Form No. 2 (K2).
• Please refer to Table 4 for matrix format of the sales tax treatment for
Licensed Manufacturing Warehouse.
65. Sales tax is not charged on taxable goods imported, transported or sold in the
following circumstances for JDA:
(i) Taxable goods imported into JDA from outside Malaysia are not subject to
sales tax as provided under paragraph 57(a)(i) of the Sales Tax Act 2018
and should be declared in Form JDA No. 1 (JDA1).
(iii) Taxable goods transported from Malaysia to JDA or from JDA to Malaysia
are not subject to sales tax as provided under paragraph 57(a)(i) of the
Sales Tax Act 2018 and should should be declared in Form JDA No. 3
(JDA3).
• Please refer to Table 5 for matrix format of the sales tax treatment for
Joint Development Area.
66. A person licensed (licensee) under Section 65D of the Customs Act 1967 to
operate a duty free shop other than in Designated Areas is exempted from the payment
of sales tax on taxable goods in the following circumstances:
(i) All types of taxable goods imported to DFS, located in PCA are subject to
sales tax unless an exemption is claimed by the licensee under item 66
Schedule A of the Sales Tax (Person Exempted from Payment of Tax)
Order 2018 and should be declared in Customs Form No. 8 (K8).
(ii) All types of taxable goods imported to DFS, located in FCZ are subject to
sales tax unless an exemption is claimed by the licensee under item 66
Schedule A of the Sales Tax (Person Exempted from Payment of Tax)
Order 2018 and should be declared in Customs Form No. 8 (K8).
(iii) All types of taxable goods transported from LW to DFS which is located in
PCA, are subject to sales tax unless an exemption is claimed by the
licensee under item 66 Schedule A of the Sales Tax (Person Exempted
from Payment of Tax) Order 2018 and should be declared in Customs Form
No. 8 (K8).
(iv) All types of taxable goods transported from LW to DFS which is located in
the FCZ, are subject to sales tax unless an exemption is claimed by the
licensee under item 66 Schedule A of the Sales Tax (Person Exempted
from Payment of Tax) Order 2018 and should be declared in Customs Form
No. 8 (K8).
• Please refer to Table 6 for matrix format of the sales tax treatment for
Duty Free Shop.
EXPORT
Direct Export
from Payment of Tax) Order 2018 provided that the exportation is declared in the
Customs Form No. 2 (K2).
68. Taxable goods which are exported are not subject to sales tax.
69. Sales of taxable goods involving the exportation to a place outside Malaysia:
70. Any person approved by the DG to purchase locally manufactured goods for
export purposes, is exempted from paying sales tax under item 57 Schedule A of the
Sales Tax (Person Exempted from Payment of Tax) Order 2018 provided that:
(ii) Finished goods must be exported within six (6) months from the date of
purchase.
(iii) Finished goods cannot be sold or disposed of in Malaysia except with the
approval of the DG and after the relevant tax payment is made.
(v) Sales tax must be paid on goods that could not be accounted for.
(vi) If the finished goods are not exported within six (6) months from the date of
purchase, taxes incurred must be paid.
1. Q : Does the provision of special schemes under GST Act 2018 such as
ATS, ATMS, and margin scheme applies in the sales tax regime?
A : Such schemes under GST will not be applicable under sales tax regime.
2. Q : Noris Sdn Bhd has issued an invoice on 22 August 2018 and received
full payment on 25 August 2018. However, the goods were only
removed to the buyer on 4 September 2018. What is the tax
treatment?
A : Noris Sdn Bhd shall charge GST at standard rate 0%.
4. Q : What is the tax treatment for importation of Big Ticket Items for
upstream petroleum activities?
A : Big Ticket Items under GST regime will be included in the petroleum
upstream Master Exemption List (MEL) and the importer of such items that
is petroleum upstream operator will be given an exemption from sales tax
subject to prescribed conditions as stated in the Sales Tax (Person
Exempted from Payment of Tax) Order 2018.
Manufacturing
6. Q : Tank Technicals (M) Sdn Bhd has issued an invoice on the repair job
provided to its customer on 24 August 2018. However, the repair job
was only performed on 16 September 2018. What is the tax treatment
on the work performed?
A : Tank Technicals (M) Sdn Bhd shall charge sales tax 10% on the value of
the work performed on 16 September 2018.
INQUIRY
APPENDIX
No sales tax
Designated Areas Designated Areas
3. K8 Section
(DA) (DA)
50(a)(ii)
No sales tax
Designated Areas Special Areas
4. K8 Section
(DA) (Free Zone / FZ)
50(a)(iii)
Special Areas No sales tax
Designated Areas
5. (Licensed K8 Section
(DA)
Warehouse / LW) 50(a)(iii)
Special Areas
No sales tax
Designated Areas (Licensed
6. K1 Section
(DA) Manufacturing
50(a)(iii)
Warehouse / LMW)
Special Areas (Joint No sales tax
Designated Areas
7. Development Area / JDA1 Section
(DA)
JDA) 50(a)(iii)
Inland Clearance
Designated Areas Exemption
8. Depot K8
(DA) Item 49
(ICD)
Table 2: Sales Tax Treatment for Special Areas (Free Zone / FZ)
FCZ : ZB1
Overseas / Place Special Areas No sales tax
1. import
Outside Malaysia (Free Zone / FZ) Section 57(a)(i)
FIZ : K8
Table 3: Sales Tax Treatment for Special Areas (Licensed Warehouse / LW)
Special Areas
Overseas / Place No sales tax
1. (Licensed Warehouse K8
Outside Malaysia Section 57(a)(i)
/ LW)
Special Areas
Malaysia / Principal No sales tax
2. (Licensed Warehouse K2
Customs Area (PCA) Section 57(a)(i)
/ LW)
Special Areas Special Areas
No sales tax
3. (Licensed Warehouse (Licensed Warehouse K8
Section 57(a)(ii)
/ LW) / LW)
Special Areas
Special Areas No sales tax
4. (Licensed Warehouse K8
(Free Zone / FZ) Section 57(a)(ii)
/ LW)
Special Areas
Special Areas
(Licensed No sales tax
5. (Licensed Warehouse K8
Manufacturing Section 57(a)(ii)
/ LW)
Warehouse / LMW)
Special Areas Special Areas (Joint
No sales tax
6. (Licensed Warehouse Development Area / JDA1
Section 57(a)(ii)
/ LW) JDA)
Special Areas
Designated Areas No sales tax
7. (Licensed Warehouse K8
(DA) Section 57(a)(iii)
/ LW)
Special Areas Inland Clearance
Exemption
8. (Licensed Warehouse Depot K8
Item 49
/ LW) (ICD)
Special Areas
Overseas / Place Exemption
9. (Licensed Warehouse K8
Outside Malaysia Item 56
/ LW)
Special Areas Sales tax chargeable
Malaysia / Principal
10. (Licensed Warehouse K1 / K9 (Import)
Customs Area (PCA)
/ LW) Section 57(b)
Table 5: Sales Tax Treatment for Special Areas (Joint Development Area / JDA)