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  • 8 months ago
The Malaysian government’s latest Sales and Service Tax (SST) revision is making waves across the real estate and financial sectors. In this segment, we speak to a tax expert to unpack how the expanded taxable scope-especially affecting REITs, fund management, and financial advisory services-could strain margins, shift business strategies, and even impact investors and consumers. Will these sectors absorb the cost, or pass it on? And is it time to revisit the GST debate?

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00:00Saya akan teruskan dengan perbincangan dalam bahasa Inggeris,
00:03di mana the government's latest revision to the sales and service tax or SST
00:07has sent ripples through the property and finance sectors.
00:11With new services now taxable under the revised regime,
00:14real estate investment trust rate and financial service providers
00:17are bracing for increased operational costs, tighter margins and strategic shifts.
00:22So what does this mean for investors, businesses and even everyday consumers?
00:26Joining us now is Ang Sulin, the Head of Indirect Tax at KPMG in Malaysia
00:30to help unpack the implications of this SST shake-up.
00:34Good morning, Sulin.
00:36Good morning. Thank you for having me here.
00:39No problem.
00:39Firstly, we could start by sharing which specific elements of the new SST revision
00:44that actually are expected to hit rates and financial services the hardest
00:48and why are these sectors particularly vulnerable?
00:51Yes.
00:53For REITs, the potential expanded taxable services that are applicable
00:57are the rental and leasing services as well as, to a certain extent, construction services.
01:02The service tax at 8% on rental and leasing will be levied on commercial properties.
01:08However, the government take note of it and there are exemptions available,
01:12particularly for the micro, small and medium tenants,
01:14those with annual revenue below RM500,000 and also there are non-weber contract transitional rules.
01:21Hence, to a certain extent, REITs should try and see if they can avail to these exemptions
01:26to help their tenants whilst remain competitive.
01:30Construction services is another taxable service at 6%,
01:33but if there are any construction or renovation work to the commercial buildings,
01:39they will hit their costs.
01:41So for REITs, these are the potential implications,
01:45but there are measures, there are exemptions available to cushion it.
01:49Whereas for financial services, previously most fees and commission income
01:54were not subject to service tax, except for certain advisory type of services,
01:58especially in the investment banking space.
02:01But with the expansion, these are now subject to 8%.
02:04However, the positive side of it is that these are basic banking services
02:10relating to the operation of savings account, current account or similar,
02:14is still not subject to service tax, as well as interest or profits.
02:18Hence, there are exemptions and exclusions available to take advantage of
02:22and cushion the impact.
02:24But Suleen, for REITs specifically,
02:27how will the taxation of previously exempted services like property management
02:31affect returns for investors and also future property development plans?
02:37Okay, for property management,
02:39it was actually already subject to service tax earlier.
02:42At a rate of 8%, it does represent a cost
02:45and if passed on to the tenants,
02:48could in turn affect rental demand or profitability for the REITs.
02:52but it is hoped that the amount is not significant enough to deter occupants.
02:57I believe when it was initially implemented,
02:59there was an initial knee-jerk reaction
03:01as tenants tried to negotiate better pricing,
03:04but it should normalise eventually.
03:07For future property developments,
03:08this would be an additional factor,
03:10amongst the many other factors to be considered
03:12when undertaking future projects and negotiating contracts,
03:16especially long-term contracts.
03:17Do you foresee REITs restructuring operations
03:21or outsourcing services to actually reduce their SOC exposure
03:25and what risks come with that?
03:29In the short to medium term,
03:31REITs will try to explore available exemptions
03:34such as the business-to-business exemptions
03:36and group relief,
03:38particularly where they have many related companies in the group
03:42and they need to see how they can enjoy these exemptions,
03:44which comes with conditions.
03:46Outsourcing of services may be one of the methods
03:49if they are not able to enjoy the group relief exemptions,
03:52but care must be taken to ensure
03:54there is no tax cascading or other tax considerations.
03:58But turning to financial services, Suleen,
04:02with more advisory and also fund management services
04:04that is now taxable,
04:06will the increased costs be passed on to consumers?
04:09On this, I think it depends on the financial institution
04:14and the product,
04:15their business arrangement with the consumers.
04:18I believe it is a demand and supply consideration
04:20as well as how their competitors react.
04:23It will be a balance.
04:25The financial institutions have been operating in this space
04:27for many years
04:28and I believe have many experiences in navigating this.
04:31But given this sector-specific stresses,
04:35is this a latest SST move,
04:37a sign that Malaysia should reconsider transitioning back
04:40to a broader-based GS system, for example?
04:44I wouldn't call this stresses.
04:46I would say that this is a different type of tax mechanism
04:49because GST is also a tax,
04:52just that the mechanism is slightly different.
04:54I would say that this expansion
04:56appears to be more carefully thought through
04:58and a more targeted approach
05:00in an effort to make the tax structure more progressive,
05:04broadening the tax base
05:05whilst ensuring that the right yard is not underly burdened.
05:09I believe the government has commented previously
05:11that it is not the right time to reintroduce GST
05:14given the fiscal position of the nation.
05:17Hence, in the interim,
05:18expanding the scope of sales tax and service tax
05:21on a targeted basis
05:23can help improve revenue collection
05:25whilst ensuring it does not impact
05:27the men on the street too much.
05:29On GST, I think we will have to wait and see.
05:32Sulin, we have about five minutes or more.
05:35I would may add
05:36whether the SST division
05:38potentially lead to a capital flight
05:41or reduction in foreign investors,
05:42for example,
05:43when it comes to participation in Malaysian rates
05:46and also, or perhaps, capital markets.
05:49What do you think about that?
05:51I don't think that
05:52maybe in the interim
05:53or in the initial knee-jerk reaction
05:56or initial reaction,
05:57businesses will try to see
05:58whether they want to do investments overseas,
06:01they want to try to move their operations overseas.
06:03But I think after you do,
06:05you need to do visibility studies,
06:07you need to see
06:08there are pros and cons.
06:09so you need to weigh the benefits
06:11of doing businesses in Malaysia versus overseas,
06:14particularly for rich businesses
06:16and then see
06:17ultimately whether the local environment
06:21will still be supportive.
06:23I think the intention of the government
06:24is for this
06:26expanded service tax
06:27and sales tax code
06:28is very targeted.
06:30It's still to protect the right yard.
06:33so hopefully businesses
06:35can take advantage
06:36of all the various exemptions given
06:38to still be able to
06:40do business competitively.
06:44In your opinion,
06:46what's the risk
06:46of this intermediation
06:49or innovation
06:49by passing traditional financial services
06:52due to higher SST burden?
06:54For instance,
06:55perhaps via final technology
06:57or fintech
06:58or perhaps offshore alternatives?
06:59In terms of technology,
07:03I think there are exemptions available
07:06just to quickly,
07:06there are exemptions available
07:08to encourage businesses
07:09to undertake technology
07:12and automation.
07:14So perhaps in line with SST,
07:17then there is also the e-invoicing
07:18to help cushion the impact
07:20of this expanded scope
07:22because with e-invoicing,
07:25it will also help to
07:26make all the
07:28the invoices,
07:31the charges
07:32all more open,
07:34more transparent
07:35and hopefully it will help
07:37businesses to understand
07:38where the taxes are,
07:39help the right yard
07:40to understand
07:41where the taxes are collected
07:42and ultimately to benefit
07:44both the government
07:46as well as the development
07:47of the country.
07:48But could this SST revision
07:49actually trigger rates
07:51to restructure
07:52their service models
07:53or operations
07:54to mitigate this tax burden?
07:56and perhaps, for example,
07:58outsourcing
07:59or by relocating
08:01outsourcing
08:02service functions as well?
08:05Like I mentioned earlier,
08:07the initial reaction
08:09may be to find
08:09other ways
08:10to restructure,
08:11to find other ways
08:12to see whether
08:14the costs
08:14can be absorbed elsewhere,
08:17can be passed elsewhere.
08:18but apart from
08:20trying to see
08:20whether it can be passed
08:21elsewhere,
08:23there is,
08:23like I mentioned,
08:24the government
08:24also take note
08:25and has given
08:26a lot of exemptions,
08:27a lot of incentives
08:28available
08:29to the businesses
08:31to cushion the impact.
08:33So I guess
08:33not only to restructure,
08:36to look at
08:36how do you want
08:37to set it up
08:38but also
08:38to see whether
08:40any incentives,
08:42exemptions
08:42can be enjoyed
08:43because for players,
08:45if you don't try
08:45to enjoy
08:46these exemptions,
08:47incentives
08:47that are readily available,
08:49then your competitors
08:50may do so.
08:51So you want
08:52to make sure
08:52that you are also
08:53enjoying it
08:54to remain
08:55a level playing field.
08:58But could this
08:58new relieved
09:00SSD revisions
09:01actually trigger
09:02lobbying efforts
09:03from affected sectors
09:04for exemptions
09:05or relief
09:05and what lessons
09:07can Malaysia learn
09:08from other countries
09:09that transition
09:10back to GSD
09:11after SSD-like systems?
09:15In terms of
09:16what experiences,
09:17I guess
09:18it is
09:19more communication,
09:21awareness,
09:23more
09:23interaction,
09:26more transparent
09:27discussions
09:27with the government,
09:29with the authorities
09:29and businesses
09:30should also take note
09:32that they should also
09:33know the intention
09:34of these taxes
09:35and I think
09:37what the
09:38businesses
09:40and the riot
09:41want to know
09:42is how the
09:43taxes collected
09:44could benefit
09:45the country
09:45and ultimately
09:46to the nation.
09:49Maybe perhaps
09:50last one before
09:51we could wrap up
09:52this discussion,
09:53how might SSD
09:54revisions influence
09:55Malaysia's broader
09:57economic competitiveness
09:58and also investment
09:59climate as a whole?
10:02With this expanded scope,
10:04again,
10:04I want to say
10:05it's very targeted.
10:07It's targeted
10:07towards certain sectors.
10:09I think the government
10:10has already undertaken
10:11a lot of analysis
10:13to see what sectors
10:15to target
10:16and implement
10:18this SSD.
10:19So hopefully
10:20the impact
10:21will not be huge.
10:22Maybe in the
10:23interim,
10:24there will be
10:24reaction to say
10:27maybe for the
10:28cost of goods,
10:29cost of services,
10:30there will be
10:31initial reaction.
10:33But ultimately,
10:34hopefully,
10:35it will just
10:35taper it out,
10:36it will neutralise
10:38and businesses
10:39will accept it.
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