Q.
b) Miss Dee rented her condominium unit to Mr Boon for a period of 2 years effective from January 2011. The tenant, Mr Boon was introduced to Miss Dee by an estate agent and she paid the agent a fee of RM3,500. Mr Boon requested Miss Dee to install new air-conditioning unit and water heater which costed her an amount of RM5,000. In addition, Miss Dee also has paid RM3,800 to the Condominium Manager for sinking fund and service charges due for the year 2011.
Explain to Miss Dee what are deductible expenses and whether all the above costs are deductible from rental income in determining the income from the letting as provided by the Income Tax Act 1967. (15 marks)
A.
Reading on earlier post here.
Expenses incurred wholly and exclusively in the production of income are allowable for deduction from the rental income.
Agent Fee RM3,500
New Air-Con & Water Heater RM5,000
Sinking Fund & Service Charge RM3,800 (2011)
[The above expenses are deductible from the rental income of Ms Dee for the year 2011. If there are still expenses left over during 2011, it can be brought forward to 2012 to be deducted from 2012 rental income.]
Taxpayer will have to fall back on the letter of the law to determine if an expense is tax-deductible against rental income. Essentially, the law states that an an expense wholly and exclusively incurred in the production of income under subsection 33 (1) of the Income Tax Act (ITA) 1967 and which is not prohibited under subsection 39 (1) of the ITA, is allowed as a deduction from rental income. What this means in laymen’s terms is, any expenses that you incur for the year to generate the rental income would generally be tax-deductible. This also mean that no private or personal expenses are allowable as a deduction.
Aside from the ‘standard’ list of tax-deductible expenses that a lot of people is asking for, what I can provide you here is a list of COMMON expenses that generally may be claimed as a deduction against rental income, provided that you as the landlord has undertaken to pay for those expenses:
- Advertising for tenants
- Assessment
- Insurance (eg. fire, burglary)
- Interest on loan(s) to finance the purchase of the property being rented out
- Legal expenses (renewal of tenancy agreement, recovery of rental arrears)
- Maintenance/service charges (as above condominium charges)
- Pest control
- Property agent fees/commission (as above question)
- Quit rent
- Rental collection fee
- Repairs and maintenance
- Replacement of rental assets (e.g. New air-con & water heater above)
It is important to note that the expenses are deductible in the year they were incurred, even though you have not made any payment for them during the year.
Having said that, do ensure that your obligations as a landlord towards the expenses which are to be borne by you, are clearly spelt out in the tenancy agreement to avoid any disputes by the Inland Revenue Board (IRB) against your claims for the said expenses.
Richard Oon Hock Chye, 2013. Expenses Relating To Rental Of Real Property (Pt. 1) from Malaysian Taxation 101, available from
[x] own account.