Malaysia digital service tax extended to supplies from foreign digital service providers on January 1, 2020. Malaysia is the second country in South-East Asia to introduce such a tax, along with Singapore.
Malaysia digital service tax rules - at a rate of 6% - brought foreign suppliers of digital services into scope from the start of 2020.
Back in January 2019, Malaysia amended how business-to-business (B2B) supplies were treated, businesses had to account and pay service tax. From January 1, 2020, foreign suppliers become liable for service tax to all consumers, including B2B.
Here is what is specifically stated in the Guide on Digital Services as issued by the Royal Malaysian Customs Department (click on ‘Digital service’ on the left column in link that opens):
"Effective 1st January 2020, service tax shall be charged and levied on any digital service provided by a foreign registered person (FRP) to any consumer in Malaysia."
Foreign suppliers that expect to exceed the RM 500,000 (circa USD$120,000) threshold can register before the effective date of the new service tax rules of January 1, 2020. Early registration has been available for such foreign suppliers since Tuesday, October 1, 2019.
For affected businesses, here is a selection of the key details that need to be taken into account when analysing potential compliance with the new Malaysia digital service tax rules:
Malaysia's Deputy Finance Minister Datuk Amiruddin Hamzah was quoted as referencing other similar legislative implementations across the globe when announcing Malaysia’s plan.
He was quoted by the Malay Mail stating the 6% rate was deemed to be one of the lowest in the world compared to that imposed in several other countries.
“They (digital service providers) should have no problem to pay...because it’s only six per cent. If they can comply with Russia, Norway and New Zealand, I don’t see any reason why they should refuse to comply with the rate in Malaysia,” he said.
For context, Russia introduced a similar tax on digital supplies by foreign suppliers on January 1, 2017, at the then rate of 18% (since increased in January 2019 to 20%). Norway was one of the pioneers of such a tax with their VAT rules amended on July 1, 2011, at the rate of 25%, while New Zealand extended its Goods and Services Tax (GST) regime on October 1, 2016, at the rate of 15%.
Malaysia is the second Southeast Asian state, after Singapore, to reveal such an extension of its tax rules to cover digital supplies by foreign suppliers. Both tax jurisdictions are now on track to introduce the new rules at the same time.
This extension of Malaysia's service tax is similar to Singapore's Goods and Services Tax (GST) that is also to be extended on January 1, 2020. More on Singapore's plans here.
In Malaysia, the broad intention of this service tax extension is to level the playing field for local service providers in the area of digital technology to fairly compete with foreign firms. This is a common theme among such global legislative amendments and implementations.
Here at Taxamo we will, of course, keep you updated with any further developments in Malaysia and beyond.
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