RMCD’s Guide on Financial Services for Service Tax

The Service Tax (Amendment) Regulations 2025 [P.U.(A) 172/2025] (“Amendment Regulations”) which amends the Service Tax Regulations 2018 [P.U.(A) 214/2018] (“Principal Regulations”) will come into operation on 1 July 2025.
 
The Amendment Regulations will, among others, expand the scope of financial services that will be subject to service tax. The amendments relating to financial services were effected by replacing the table in Group H of the First Schedule to the Principal Regulations with a new table set out in the Amendment Regulations.
 
To affected parties in understanding the service tax treatment of financial services provided by financial service providers, the Royal Malaysian Customs Department has issued the Guide on Financial Services (“Guide”). The Guide provides helpful guidance as it, among others: 
  1. identifies the financial services that will be subject to service tax commencing 1 July 2025 (Appendix A of the Guide) and those that will be subject to service tax from 1 September 2025 (i.e. those not listed in Appendix A); 

  2. provides examples that distinguishes the parts of a financial services transaction that are taxable financial services from those that are not; 

  3. provides illustrations of charges for financial services that are not subject to service tax, e.g. late payment charges on loans and penalty for dishonoured cheques; 

  4. explains the method of treatment of taxable financial services that cover a period before and after the Amendment Regulations come into force on 1 July 2025; and 

  5. stipulates how financial services that are exempted from service tax are to be treated in determining whether total taxable services exceed the registration threshold value. 
As the Amendment Regulations expand the scope of taxable financial services to include factoring, financial leasing, trade financing, credit facilities and Shariah compliant financing business, companies that carry on any of these businesses but are not regulated by Bank Negara Malaysia should take steps to determine whether they meet the registration threshold value as a taxable person and henceforth be subject to the requirement to charge service tax on their customers.
 
 
Alert by Kok Chee Kheong (Consultant) of the Corporate Practice of Skrine.
 

This alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such. For further information, kindly contact skrine@skrine.com.