๐๐จ๐ฅ๐ ๐ฉ๐ซ๐จ๐ฉ๐ซ๐ข๐๐ญ๐จ๐ซ ๐๐จ๐ฆ๐ฉ๐๐ง๐ฒ, ๐๐๐ง ๐ ๐๐๐๐ฎ๐๐ญ ๐ญ๐๐ฑ ๐๐๐ญ๐๐ซ ๐๐ฎ๐ฒ๐ข๐ง๐ ๐ ๐ฉ๐๐ฌ๐ฌ๐๐ง๐ ๐๐ซ ๐๐๐ซ?
๐๐จ๐ฅ๐ ๐ฉ๐ซ๐จ๐ฉ๐ซ๐ข๐๐ญ๐จ๐ซ ๐๐จ๐ฆ๐ฉ๐๐ง๐ฒ, ๐๐๐ง ๐ ๐๐๐๐ฎ๐๐ญ ๐ญ๐๐ฑ ๐๐๐ญ๐๐ซ ๐๐ฎ๐ฒ๐ข๐ง๐ ๐ ๐ฉ๐๐ฌ๐ฌ๐๐ง๐ ๐๐ซ ๐๐๐ซ?
1. ๐๐๐ฌ, as long as the motor vehicle is used for business purpose by refer to PR5/2014 paragraph 13.
However, if the motor vehicle is partly used for business purpose only (eg. there is private usage), the capital allowance claimed has to be apportioned according to its usage.
2. However, according to PR 6/2015 para 5.2(b), ๐ญ๐ก๐๐ซ๐ ๐ข๐ฌ ๐ซ๐๐ฌ๐ญ๐ซ๐ข๐๐ญ๐ข๐จ๐ง ๐จ๐ง ๐๐๐ฉ๐ข๐ญ๐๐ฅ ๐๐ฅ๐ฅ๐จ๐ฐ๐๐ง๐๐ ๐๐ฅ๐๐ข๐ฆ๐๐ ๐๐จ๐ซ ๐ฉ๐๐ฌ๐ฌ๐๐ง๐ ๐๐ซ ๐๐๐ซ.
New passenger car + RM100,000 < Cost < RM150,000 โ restricted to RM100,000
New passenger car + Cost > RM150,000 โ restricted to RM50,000
Reconditioned (secondhand) passenger car โ restricted to RM50,000
3. For ๐๐ฑ๐ฉ๐๐ง๐ฌ๐ ๐ข๐ง๐๐ฎ๐ซ๐ซ๐๐ ๐ฐ๐ก๐ข๐๐ก ๐ข๐ฌ ๐ฐ๐ก๐จ๐ฅ๐ฅ๐ฒ ๐๐ง๐ ๐๐ฑ๐๐ฅ๐ฎ๐ฌ๐ข๐ฏ๐๐ฅ๐ฒ ๐ข๐ง๐๐ฎ๐ซ๐ซ๐๐ ๐ข๐ง ๐ญ๐ก๐ ๐ฉ๐ซ๐จ๐๐ฎ๐๐ญ๐ข๐จ๐ง ๐จ๐ ๐ข๐ง๐๐จ๐ฆ๐ ๐ข๐ฌ ๐๐ฅ๐ฅ๐จ๐ฐ๐๐ ๐๐จ๐ซ ๐ญ๐๐ฑ ๐๐๐๐ฎ๐๐ญ๐ข๐จ๐ง.
However, if there is any portion of expenses which is not related to business purpose, the portion shall not allowed for tax deduction.
IRB argue taxpayer's motor vehicle is private use on weekend, driving from home to office and driving from office to home.
In normal circumstance, IRB will use 1/3 of the total expenditure and capital allowance as private usage.
Source
1. Paragraph 13 and 13.2 of Public ruling 5/2014 Ownership and use of asset for the purpose of claiming capital allowances
A beneficial owner or legal owner is entitled to claim the full portion of capital allowance if the asset is used wholly and exclusively for business purposes.
If the asset is also used for purposes other than business purpose, the owner is only entitled to a portion of the capital allowances (which used for the business).
2. Paragraph 5.2 (b) of Public ruling 6/2015 Qualifying expenditure and computation of capital allowances - Restriction on capital allowance claimed for passenger car.
3. Section 39(1)(a) of Income Tax Act 1967 - Private expenses
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