Tax treatment of bad debts written off

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Tax treatment of bad debts written off

Frustrated when IRB adds back your bad debts in a tax audit.

Time is bad, pandemic cause bad debts to rise. Learn IRB official guidelines on bad debt tax treatment.

Why?

Bad debt is always our tax authority focus area. 100% guarantee !

Let’s learn this tax case on IRB fight on bad debts: Quality Concrete Holdings Berhad vs Ketua Pengarah Hasil Dalam Negeri.

In YA 2004, Quality Concrete Holdings Berhad (QCHB) claimed for tax deduction on bad debts of RM608,731.25 (balance of value work done: RM950,000.00). IRB disallowed the deduction on bad debts written off and imposed a penalty under Section 113(2) of the Income Tax Act 1967 (ITA 1967).

IRB argued that:

QCHB did not recognised the value of work done (i.e. RM950,000.00) as gross income for the year of assessment (YA) 1999 up to YA 2004.

Therefore, the deduction of bad debt should be disallowed according to Section 24 and 34 of ITA 1967:

“The amount of the debt shall be treated as gross income of the relevant person from the business

for the relevant period.”

QCHB argue …

The claim amount had been reported under the trade debtors account in the Balance Sheet as at 31.01.1998 for YA 1999.

The claim for the bad debt should be allowable according to Section 24(1)(b) of ITA 1967:

“any services rendered at any time in the course

of carrying on a business.”

QCHB argued it is a trade debt arising in respect of carrying on a business irrespective of where and how the sum of RM950,000.00 was entered and described in the account.

QCHB had acted in good faith and the impugned assessment involved technical interpretation. Thus, penalty should not be imposed.

The decision from the court :

Agreed with IRB tax treatment on deduction of bad debt is disallowed under Section 34(2) of the ITA 1967.

Technical interpretation and good faith are not valid defenses for penalty under Section 113(2) of ITA 1967.

Thus, the penalty imposed under Section 113(2) of ITA 1967 is correct because QHCB had filed an incorrect return and gave incorrect information.

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