Company owner faces charges for failure to submit income statements: What are the consequences?

Oct 19, 2023

Company owner charged with failing to submit income statements

Seremban – A company owner was charged in the Magistrate’s Court here today with failing to submit income statements for the years 2017 to 2021, involving income tax of RM90,606.43. The consequences of such actions can be severe.

The charge and its implications

The company owner, Noorzadila Saman, 38, pleaded guilty to the charge before Magistrate Norhafizah Ishak. Under Section 112(IA) of the Income Tax Act 1967, failure to submit income statements can result in a maximum fine of RM20,000 or imprisonment not exceeding six months, or both. In addition, there is a special penalty of three times the tax amount if convicted.

Noorzadila was charged with failing to submit an income statement in Form B for the assessment years 2017 to 2021 on or before June 30 of the following year of the years of assessment to the Director-General of the Inland Revenue Board (IRB). The taxable income involved amounted to RM646,498.

In mitigation and personal circumstances

In mitigation, Noorzadila, who was unrepresented, expressed regret for her mistake and promised not to repeat it. She explained that her failure to submit the income statements was partly due to her lack of understanding of the IRB’s online system. She also highlighted that she is supporting her three children and her mother, who is suffering from stage three ovarian cancer.

Noorzadila further explained that she does not have a fixed income and depends on sales to make ends meet. Additionally, she has monthly house and car loan payments to fulfill.

Legal proceedings and documents submission

The court postponed the case and has set a date for mention on Nov 24. This will allow Noorzadila to submit the relevant documents to support her case. The prosecution is being conducted by IRB prosecuting officers Muhammad Afiq Ahmad Tajuddin and Kwan Huey Shein.

Consequences of failing to submit income statements

Not submitting income statements can have significant consequences for individuals and businesses. These consequences include:

1. Legal repercussions: Failing to comply with income tax regulations can lead to criminal charges. As in the case of Noorzadila, individuals may face fines, imprisonment, or both. The special penalty of three times the tax amount can also impose substantial financial burden.

2. Damage to reputation: Being charged or convicted of financial misconduct can tarnish an individual’s reputation. This can have long-term consequences, affecting personal and professional relationships.

3. Financial implications: Failure to submit income statements can result in the loss of potential tax deductions and benefits. It may also lead to audits and further investigations by tax authorities, resulting in additional fines and penalties.

4. Constraints on business operations: Non-compliance with tax regulations can hinder business operations. It may restrict access to government contracts, financing options, and other business opportunities. Additionally, dealing with legal proceedings can be time-consuming and costly, diverting resources away from core business activities.

Frequently Asked Questions (FAQs)

What is the Income Tax Act 1967?

The Income Tax Act 1967 is a legislation in Malaysia that governs the imposition, assessment, and collection of income tax. It outlines the legal obligations of individuals and businesses regarding tax submission and payment.

What is an income statement?

An income statement, also known as a profit and loss statement, is a financial statement that summarizes a company’s revenues, expenses, and net income. It provides a snapshot of the financial performance of a business over a specific period.

What are the consequences of failing to submit income statements?

The consequences of failing to submit income statements can include legal repercussions such as fines and imprisonment, damage to reputation, financial implications, and constraints on business operations.

Can ignorance of the online system be a valid reason for not submitting income statements?

Ignorance of the online system is generally not considered a valid reason for failing to submit income statements. It is the responsibility of individuals and businesses to familiarize themselves with the necessary processes and comply with tax regulations.

How can individuals and businesses avoid facing charges for failing to submit income statements?

To avoid facing charges for failing to submit income statements, individuals and businesses should ensure they understand the tax requirements and deadlines. They should maintain accurate financial records, seek professional guidance if needed, and make timely submissions to tax authorities.

In conclusion, failing to submit income statements can have serious consequences for individuals and businesses. It is crucial to comply with tax regulations, submit the required documents on time, and seek assistance when needed to avoid legal troubles and financial repercussions.

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Sources:
– BERNAMA.

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