Tax Agent

Tax Agent

Definition of a Tax Agent - Section 153(3) of the Income Tax Act 1967 (ITA):

• any professional accountant approved by the Minister; or

• any other person approved by the Minister on the recommendation of the Director General of Inland Revenue Board (IRB).

Responsibilities

Advising on records to be maintained,

• Assisting in completing tax returns;
• Impress upon the clients on their obligation to pay their dues as required under the law;
• Attendance at Field Audit at clients' premises;
• Attendance at investigation, interviews, negotiations and proceedings; and
• Filing of appeals and attendance at negotiation hearings and further appeals.

Expectation

Conversant with the everyday tax compliance requirements e.g.:

• submission of estimates
• payment of taxes
• submission of returns
• appeal procedures
• expediting audit and investigation processes

Obtaining a Tax Agent's Licence

1. Eligibility

1.1 MAICSA members with 5 years practical experience in taxation works after admission as MAICSA members, either in the public or private sector (Section 153(3)(c) of the ITA) (Lampiran A);
1.2 Attended the most recent Annual Budget seminar organised by IRB or CTIM or MATA; and
1.3 Acquired 40 CPE/CPD within the preceding one year (Lampiran B).

2. New Tax Agent Application Procedure

2.1 Online application via Malaysian Governance Tax Management and Information System at https://mycukai.treasury.gov.my accompanied with:

2.1.1 photo;
2.1.2 copies of academic qualification certificate/professional (colored scan);
2.1.3 copies of certificate of attendance at tax seminar(s) (colored scan);
2.1.4 letter of confirmation from employer on years of experience in taxation works;
2.1.5 clients listing of at least 20 clients handled in the preceding one year;
2.1.6 processing fee of RM200, online payment via FPX or credit card or manual payment in the form of postal order or bank draft made payable to "AKAUNTAN NEGARA MALAYSIA" and post to:

Ketua Setiausaha Perbendaharaan Perbendaharaan Malaysia Bahagian Analisa Cukai
Tingkat 7 Blok Tengah Kompleks Kementerian Kewangan Malaysia Presint 2,
62592 Putrajaya.
(Tel: +603-8882 4081)

2.2 Only eligible applicants will be called for interview by IRB.
2.3 Applicant who failed in the first interview may appeal to the Ministry of Finance (MOF) within 6 months from the date of rejection for a second interview by IRB and MOF.
2.4 Unsuccessful applicant who appeal was rejected or failed in the second interview, can reapply after lapsed of 6 months from the date of rejection.
2.5 Tax Agent license is valid for 3 years and must be renewed within 4 months prior to expiration.

3. Tax Agent Renewal Application

3.1 Renewal Conditions
3.1.1 Attended the most recent Annual Budget seminar organised by IRB or CTIM or MATA; and
3.1.2 Acquired 90 CPE/ CPD within the preceding 3 years. Exemption of 45 CPE/CPD for renewal of tax agent license aged 60 years and above. (Lampiran B)
3.2 Renewal Application Procedures
3.2.1 On-line application via Malaysian Governance Tax Management and Information System at https://mycukai.treasury.gov.my accompanied with:
3.2.1.1 photo;
3.2.1.2 copies of certificate of attendance at tax seminar(s) (colored scan);
3.2.1.3 clients listing of at least 30 clients handled in the preceding 3 years;
3.2.1.4 processing fee of RM200, online payment via FPX or credit card or manual payment in the form of postal order or bankdraft made payable to "AKAUNTAN NEGARA MALAYSIA" and post to:

Ketua Setiausaha Perbendaharaan Perbendaharaan Malaysia
Bahagian Analisa Cukai
Tingkat 7 Blok Tengah
Kompleks Kementerian Kewangan Malaysia Presint 2
62592 Putrajaya.
(Tel: +603-8882 4081)

3.2.2 the application must be submitted within 4 months prior to license expiration date; and
3.2.3 delay in submitting a renewal application within the stipulated time will render such approval being discontinued one day after the expiry date. License which has expired more than one year will not eligible for renewal and applicant must submit a new application and subject to the above conditions (1) and (2).

4. General

4.1 Tax agents approved under Section 153 (3) (c) of the ITA shall quote the approval number indicating the date of such approval on all correspondence with IRB.
4.2 He shall inform the IRB when he ceases to be the tax agent of a client. Letters and income tax forms addressed to taxpayers who are no longer his clients shall be returned with an appropriate notation.
4.3 A tax agent's own tax affairs shall be kept up-to-date. All income tax forms, accounts etc. ought to be timeously lodged and tax payable be settled within the time allowed..

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