{"id":23535,"date":"2021-02-23T09:30:09","date_gmt":"2021-02-23T01:30:09","guid":{"rendered":"https:\/\/www.imoney.my\/articles\/?p=23535"},"modified":"2021-09-09T11:16:06","modified_gmt":"2021-09-09T03:16:06","slug":"how-to-tax-filing-for-retrenched-employees-in-malaysia","status":"publish","type":"post","link":"https:\/\/www.imoney.my\/articles\/how-to-tax-filing-for-retrenched-employees-in-malaysia","title":{"rendered":"Tax Tips For Employees Who Lost Their Jobs Or Get Retrenched"},"content":{"rendered":"
By December 2020, about 772,900 people lost their job<\/a>s<\/a> compared to 510,000 the year before.<\/p>\n Last year also ended with the Malaysia’s unemployment rate<\/a> rising to 4.8%. The nation hasn’t seen such a high rate of unemployment since 1993.<\/p>\n 2020 was a year that most of us had never experienced before with the impact of the Covid-19 pandemic felt in every industry and job sector, and the after-effects will remain for years to come. Malaysian workers have also not been spared.<\/p>\n However, tax season still comes around every year. How do workers who have been retrenched or are facing retrenchment declare their annual income for last year (2020)? Read on to find out how your income should be declared in these unfortunate situations.<\/p>\n It is a strategy adopted by companies or corporations to reduce the diversity or the overall size of its operations. This strategy is often used to cut expenses with the goal of becoming more financially stable.<\/p>\n Typically, the strategy involves withdrawing from certain markets or reducing manpower as part of a cost restructuring plan. In a retrenchment exercise, companies can lay off workers due to cost, business or operational factors. Due to the ongoing pandemic, retrenchment happened on an unprecedented scale in 2020.<\/p>\n According to the International Labour Organisation (ILO), 8.8 per cent of global working hours<\/a> were lost in 2020 compared to the last quarter of 2019. This translates to a whopping 255 million full-time jobs losses. In fact, working-hour losses in 2020 were four times greater than during the global financial crisis in 2009.<\/p>\n This sudden loss or lack of income isn\u2019t just a terrifying prospect, it also means an increase in non-performing loan (NPL) in the country, resulting in higher debts for individuals, especially for people with financial obligations such as a home loan or a car loan.<\/p>\n One of the first things to ask after you\u2019ve been laid off is whether you are entitled to any termination benefits after the end of the employment relationship.<\/p>\n As an employee, your right to a termination benefit upon retrenchment depends on whether or not you are covered by the Employment Act (EA)<\/a>.<\/p>\n In general, an employee is only covered by the EA if their wages do not exceed RM2,000 a month, or if their occupation is a manual one, irrespective of how much they earn (applicable for workers in Peninsular Malaysia and Labuan only; Sabah and Sarawak have their own Labour Ordinances),<\/p>\n If an employee falls within the scope of the EA, he is entitled to termination benefits if he has been employed for at least 12 months. The termination benefits payable are as follows (or the amount in the employment contract if it is higher):<\/p>\n Meanwhile, an employee who is not covered by the EA is only entitled to termination benefits if it is provided in the employment contract. If it is not stipulated in the contract, then it is up to the employer\u2019s discretion on how much termination benefits to pay, or whether or not to pay.<\/p>\n According to the Inland Revenue Board Malaysia (LHDN), when an employment ceases, the employer may make a lump sum payment to the employee. The lump sum payment may be described by the employer as compensation for loss of employment, ex-gratia, contractual payment, retrenchment payments or gratuity, etc.<\/p>\n However, one should note that gratuity is not the same as \u201closs of employment\u201d in this context, SIMways Formulation\u2019s consultant Choong Hui Yan points out.<\/p>\n For one, gratuity is normally referred to as a fixed amount that is presented in recognition of an employee\u2019s services. As such, gratuity is normally paid upon an employee\u2019s resignation or retirement after serving for a long period of time.<\/p>\n \u201cIt is to recognise the past services rendered by an employee,\u201d said Choong.<\/p>\n Meanwhile, retrenchment is linked to a loss of employment as the employee is being laid off prior to the end of the contract of service, Choong added.<\/p>\n She explained, \u201cUnder Malaysia\u2019s taxation system, gratuity would be taxed under s13(1)(a)<\/a> while the loss of employment would be taxed under s13(1)(e)<\/a> of the Income Tax Act 1967. Both come with different types of tax exemption. The Act was last revised in 2013.<\/p>\n In any case, the circumstances and nature of the payment must be reviewed to determine the real character of the payment. The amount paid on the termination of an employment may consist of the following two elements: (a) it is attributable to the loss of employment such as redundancy (compensation); and (b) it is attributable to the past services of the employee (gratuity).<\/p>\n The purpose of the lump sum payment has to be established in order to determine the tax treatment of the payment received by the employee.<\/p>\n However, it is important to note that some employers may carry out termination disguised as retrenchment as a way of dismissing unwanted employees. If you feel that you have been unfairly retrenched, you can bring a claim against the employer by making a complaint or claim to the Department of Industrial Relations Malaysia, Industrial Court, Civil Courts or Labour Court.<\/p>\n Meanwhile, employers who are carrying out retrenchment due to serious financial difficulties may be excused from paying retrenchment benefits.<\/p>\n According to LHDN on their website, compensation for the loss of employment is a payment made by an employer to his employee before or after the date of termination, and a certain amount of this payment is exempted from tax. The same applies to severance packages such as Voluntary Separation Schemes (VSS).<\/span><\/p>\n<\/span>What is retrenchment? <\/strong><\/span><\/h2>\n
<\/span>What happens when you get retrenched?<\/strong><\/span><\/h2>\n
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<\/span>How to file your taxes when you get retrenched?<\/strong><\/span><\/h2>\n