Thursday 13 December 2018

Service Tax Issues : Advertising Services

Advertising services are  taxable services under Service Tax Regulations, First Schedule, categorised under Group I: Other Service Providers.

(1)
(2)
(3)
Taxable person
Taxable service
Total value of taxable service
8. Any person, Government agency, local authority or statutory body who provides advertising services.

Provisions of all advertising services, excluding provision of such services for promotion outside Malaysia.

RM 500,000

(Advertising services  were also taxable services and taxable persons were similar but these were categorised under Second Schedule, Group G in Service Tax Regulations 1975)

It is important for businesses or persons providing services in such an industry to know if the nature of their services is considered 'Advertising services.'
Businesses need to consider whether tax has to be charged on the total cost of the services provided or on Commission received as well as who pays when the total of your services does not reach the threshold of RM500,000 per year but if combined with associated business which undertakes the job, the threshold is reached. A party may not be registered but a related party is registered, so how is tax to be calculated in such a situation.
Below are some decisions that will help business persons understand their position and tax liability.




 2.     Calculation of threshold is based on the total cost of services including commission paid to Agent   


3.     Local business or person who acts as an agent to recruit clients for Advertising through
        Overseas principal and advertising is managed by Overseas principal


4.     Agent required to charge Service tax on total although his receipt is  a portion ie  RM200.00


5.     Printing cost where itemised in Bill is exempted:

6.     Advertisement exclusively in overseas country/Pengiklanan hanya di luar negeri:
 7.     Proses Kerja serta peranan pihak-pihak yang terbabit dalam perkhidmatan pengiklanan:


 8.     Kaedah Pengiraan tanggongan Cukai untuk Media House/Production House dan Agen
         pengiklanan. Nisbah boleh berbeza kecuali ditetapkan oleh Persatuan

9.     Work Process and role of players in Advertising services and Tax liability:


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