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Being an employer is never easy when you have to deal with different issues of your business. But did you know? When employees are no longer working for the company, this responsibility also falls on the shoulder of employers according to the Malaysian Income Tax Act 1967. Employers have the obligation to inform the Malaysian Inland Revenue Board (MIRB) about cessation of employment, retirement, death or departure from Malaysia of an employee.
Employers have to adhere to Operational Guidelines on procedures for application of tax clearance letter for Individual issued by MIRB on 12 February 2016.
The Tax Clearance Letter (Surat Penyelesaian Cukai (SPC)) is a letter issued by MIRB to notify the employer of a deceased / retiring / resigning employee’s tax liability to enable the employer to make the final payment of salary / compensation / gratuity to the employee.
Employers who fail to comply with the requirements might be fined for an amount between MYR 200 and MYR 20,000 and imprisonment for up to 6 months along with becoming liable for the employees’ outstanding tax obligations.
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