Thursday 28 Mar 2024
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This article first appeared in The Edge Financial Daily on July 5, 2019

KUALA LUMPUR: The additional tax bill imposed by the Inland Revenue Board (IRB) on former prime minister Datuk Seri Najib Razak for the 2011 to 2017 period has risen to RM1.69 billion, court documents sighted by The Edge Financial Daily show.

This comes after Najib failed to respond to an initial inquiry by the IRB of additional tax assessments of RM1.47 billion in March, resulting in a 10% hike of RM147 million in April and another compounded 5% hike of RM80 million in May (see table).

This is in line with a report by The Edge Financial Daily on April 1 which quoted sources as saying that the IRB was seeking about RM1.5 billion in additional taxes from the ex-premier for the assessment years of 2011 to 2017.

A writ of summons has now been issued against Najib. Dated last Tuesday, it notes that the first additional assessment notice was issued in March.

“The additional assessment notice was sent via registered postage to the defendant on March 25, 2019 to his last known address by the plaintiff (IRB) at the time.

“The additional assessment notice was never returned to the plaintiff,” the writ stated.

The first 10% increase came in line with Section 103 of the Income Tax Act 1967 after Najib failed to pay the initial RM1.47 billion within 30 days from the date the initial assessment notice was delivered.

Subsequently, Najib failed to settle the renewed sum within 60 days under the same Act, which resulted in the compounded 5% hike.

“The plaintiff has the right to recoup the income tax that is still owed, as with the increases imposed on the defendant as a tax which is due to be paid,” said the writ.

The RM1.69 billion claim comes together with an interest claim of 5% per annum on the sum from the day of judgement until the sum is satisfied. The IRB is also seeking costs and any other relief deemed appropriate by the court.

Najib: Donations should not be taxed

Responding to The Edge Financial Daily’s report yesterday on the additional taxes claim, Najib disputed the claim by insisting that foreign donations and political funding should not be taxable.

In a Facebook post, he said money accepted as donations, including from overseas, as well as political funds are not taxable.

“If we observe carefully, it clearly shows that this tax is imposed on what I received from donations and contributions from overseas into my account.

“These include donations from Saudi Arabia’s minister of finance and the Arab prince which have been confirmed by bank officers in the trial of the SRC case,” he wrote.

Najib said that since the 14th general election in May 2018, there has been a lot of evidence in court and explanations from the recipients of the funds that “all the funds I received have been used for welfare projects, either directly to the people or welfare programmes through NGOs (non-governmental organisations) and political parties.”.

He noted that funds that are used for corporate social responsibility programmes can be deducted from the taxable income.

Najib also highlighted the inconsistency of the claim, whereby the government is charging him in court for accepting “illegal monies” but the IRB considers it legal income that should be taxed.

“Does the government even want to tax illegal money?” he questioned.

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