BATCH 1 MALAYSIAN ASSOCIATION OF TOUR AND TRAVEL AGENTS (MATTA) NO 1.1(c) ISSUES MATTA PROPOSAL/RATIONALE Please confirm that the ‘reseller’ under model (a) and (c) will zero rate their entire international air tickets (including the ‘profit’ and the ‘service fee’) as per GST treatment in Example 1 above. Treat the sale of flight tickets for the entire flight ticket price (including ‘profit mark up’ and ‘service fee’) to follow the type of flight (entirely standard rated for domestic flight; entirely zero rated for international flight) RMCD’s RESPONSE 1.1(d) 1.2 Under the “reseller” model, Please confirm whether the whole of the RM1500 is to be zero-rated or only certain items. If only certain items are to be zero-rated, please identify the items to be standard-rated and the items to be zero-rated. If travel agent acting as a principal sells the international flight ticket (including profit mark-up and service fee) will be zero-rated If travel agent acting as a principal sells the domestic flight ticket (including profit mark-up and service fee) will be standardrated To clarify, this answer is for international flight. Air ticket Air ticket (purchased from Air Asia) RM a) Flight 1060 b) KLIA 2 10 c) Passenger security fee 40 d) Passenger service fee 110 e) Airport Tax 70 f) Aviation Levy 30 g) Fuel surcharge 100 a) b) c) d) e) f) g) Zero rated Standard rated Standard rated Standard rated Standard rated Standard rated Zero rated Services & Fees Services & Fees h) Air Asia Insure Return i) Processing Fee 50 30 h) Zero rated i) Standard rated 2.1 2.2 2.3(a) 2.4 By their nature, tour packages (in Designated Areas) can involve 2 interwoven components: i) Transporting the tourist into and out of the Designated Area; and/or ii) Providing the food, accommodation and guided tours around the island (Designated Area) Is there any GST for Langkawi tour package [incorporating (i) and (ii) sold by a tour operator whose principal place of business is in Langkawi? Would the answer to issue 2.1 be different if the tour operator has a head office in Malaysia (Non-Designated Area) and a branch office in Langkawi whereby all Langkawi tours are sold and billed by the Langkawi branch office? What is the answer (Standard Rated or No GST) to issue 2.1 if the tour operator does NOT have any office in Langkawi? (This means all Langkawi tours are sold and billed by the office in say Kuala Lumpur) GST Guide on Travel Para 14: “Optional tours in Malaysia……to be consumed or enjoyed in Malaysia are subject to GST at a standard rate e.g. Tioman Tour….” The above statement did not specify whether the tour operator was Langkawibased or was a non-Langkawi based tour operator, and thus, can lead to various interpretations. Further expansion and i) Transportation (Flight and chartered coach) – Standard rate ii) No GST Tour operator whose principal place of business is in Langkawi providing tour package – No GST Not subject to GST If the RMC were to decide that Inbound Tours to Langkawi (sold by tour agents in say Kuala Lumpur) are Standard Rated, this would cause such operators to suffer a financial loss on their tours. As the GST treatment will cause financial loss to affected tour operators (eg.KL tour agents selling Langkawi tours) who will be outpriced, the RMC must deliberate deeply and thoroughly on this issue, taking into account the financial repercussions such decision will have to the tour industry- an important contributor to the nation’s GDP. Tour package comprising hotel accommodation, tour inside DA not subject to GST but services related to arranging of tour will be subject to GST Tour package within DA not subject to GST 2.5 2.6 2.7 2.8 details should be provided to avoid ambiguity. Please clarify. Is the on-sale of Langkawi hotel room by tour operator (based in Kuala Lumpur) to a customer subject to GST? What is the GST treatment for the on-sale (by the tour operator based in Kuala Lumpur) of the following services which will ultimately be consumed in Langkawi? a) Restaurant meals in Langkawi b) Car Rental in Langkawi c) Entrance ticket for Langkawi attraction spots d) Guided island tour in Langkawi Will the GST treatment be any different if the invoicing for the Langkawi tour packages is as follows: Not subject to GST Services made inside Langkawi not subject to GST Only the arranging fees are subject to GST a) Tax invoice reflecting a single receipt only (without details of the tour package); and b) The invoice reflecting details/ breakdown of the tour package as separate line items together with the pricing for each item (i.e. hotel rooms, restaurants, car rental, entrance ticket, tour guide, arrangement fees etc.) Multi-destination tours involving Designated Area. a) Invoice should reflect services for arranging the tour b) Services made inside Langkawi such as hotel room etc not subject to GST The Langkawi portion can be itemised as not subject to GST but arranging services subject to GST Penang – Langkawi – Taman NegaraKota Kinabalu 3.1 For such local multi-destination tours, is the entire “local” tour packages subject to GST at standard rate 6%, or can the Langkawi portion of the package be separately itemized on the Tax Invoice as being NOT subject to GST? Extension of Issue 1 on the Service Fee charged by tour agents. Tax Invoice issued by the tour agent must separately disclose: a) Air ticket price (cost from airline which zero-rated) b) Service Fee (standard rated) “Zero-rating” the entire international air ticket is the simplest solution to this problem and to the related problem under issue 1.1. After all, this would be consistent with the treatment applied to domestic flights, whereby the entire selling price of International flight ticket will be zero-rated Domestic flight ticket is standard rated 3.2 4.1 4.2 This is supposed to be private and confidential. Airline does NOT want this revealed to anyone. By doing the above, the tour agent will be forced to expose the cost of its ticket and the services fee to its customers and competitors- this is clearly undesirable as it will undermine the cost and pricing structure of the travel industry. Will the RMC accept such arrangement whereby the Tax Invoice will only describe a summary of the supply (ie. minimal breakdown) while further details (including cost analysis) are shown on an attachment sheet? Multi-billing approach using BSP Statement Can the BSP Statement be regarded as the equivalent of a ‘multi-billing’ Tax Invoice in order for travel agencies to claim their Input Tax Credits? If not, please advise the documents to be used as evidence for claiming Input tax Credits. Where a PO Box address is provided by the tourist, is this acceptable to the RMC as the “customer’s address”? In other cases where the “customer’s address” is NOT available, can the travel/ tour agents be allowed NOT to disclose the “customer’s address” on the full Tax Invoice? 5.1 Travel Agency (3) (4) Earn commission Airline Ticket (1)Tax (2) Invoice Customer Travel Agent assists customer to buy the ticket; Charges a “service fee” for booking service rendered. 1) Travel Agent issues Tax Invoice the domestic flights is “standard rated”. It will be acceptable if sufficient details will be included and comply with Regulation 22 Refer to Transport sector Write in to DG for simplified tax invoice under Section 33(3)(a) Also refer to Panel Decision 1/2015 on this matter 2) Customer pays “service fee” and ticket cost 3) Travel Agent pays ticket cost to airline 4) Travel Agent earns commission Based on arrangement above, FAQ 7 seems to suggest that for computing “Taxable Turnover” for GST Registration: a) The travel agent above (who is a ‘commission agent’) can disregard the ticket cost even though the ticket cost is shown in the Tax Invoice above; and b) The travel agent above only needs to count the ‘commission income’ and ‘service fee’. Please confirm that this is the method to compute the ‘Taxable Turnover’ for GST registration. If NOT, please indicate how the ‘Taxable Turnover’ should be computed for the above arrangement. Yes, disregard the ticket cost because threshold will be calculated based on agent’s commission and service fee only because the invoice is issued by airline and the travel agent act as agent and earning commission and service fee only. If the travel agent issued invoice under his name, travel agent act as a principal and threshold is to be calculated based on air ticket, commission and service fee. (WHOEVER ISSUE THE TAX INVOICE IS ACT AS A PRINCIPAL ) 6.1(a) Incentive given for sales achieved. Example, Sales Achieved : RM1 million Performance Incentive(assume 1.5%)attributable to Jan 2016 = RM15,000 : Who should issue the relevant Tax Invoice for the incentive? i) The tour operator earning the incentive; or ii) The airline paying the incentive (for instance, using a self-billing approach) The tour operator should issue the invoice for the incentive received. However, the airline may issue the selfbilled Tax Invoice if the value is not known by the tour operator and they must apply and comply with Section 33(3)(5) 6.1(b) 6.2 7.1 7.2 7.3 8.1 What is the GST treatment for the performance incentive? Is it always Standard Rated regardless of the destination of the air ticket? Standard Rated by the agent regardless of the destination Or does the GST treatment of the performance incentive follow the GST treatment of the underlying ‘product’ (eg.since international air ticket is zerorated, incentives for international air ticket is also zero-rated? Would it be acceptable to use the Time of Supply (for the incentive income) as the earlier of: - Tax Invoice date (which is to be issued in Dec 2016 after determination of the incentive); and - Payment date for the incentive income? It is provision of services for the sales of the tickets This means the ‘21 day rule’ is disregarded. What is the GST treatment on service fee/ transaction fee/ booking fee/ markup for a Local Tour Agent (LTA) assisting an airline to sell air tickets? In relation to zero-rating of commission earned by an LTA from an FTA for sale of outbound tours, is it necessary for the LTA to have a formal “contract” with the FTA in order for the LTA to apply the zero-rated status on the commission earned? If the answer to issue 7.2 is that a “contract” is indeed needed, then can a letter or email or other correspondences be acceptable as a “contract”? Refer to Section 11(9)(a), or tax invoice date issued or payment date received, whichever is earlier *Normally based on payment. Refer to Table 7.1 Refer to Table 7.1 Section 12 of the Second Schedule Yes, necessary to have an agreement of the GST (Zero-Rated Supply) Order 2014: Services supplied under a contract with a person who belongs in a country other than Malaysia… It is hoped that the Guide can be GST Guide on Travel Industry Para 10 states that the following items revised to remove this are “subject to GST”: inconsistency. Cancellation Fees/ Charges; and Amendment Charges Para 27: “Cancellation fees are regarded as compensation and therefore not subject to GST”. Yes, as long as have sufficient evidence that directly benefit a person in a country other than Malaysia at the time the services are performed Cancellation fees are regarded as admin fee and therefore not subject to GST. Amendment charges subject to GST at zero rated for international air ticket and subject to Para 28: “Amendment charges are regarded as compensation and therefore not subject to GST”. 8.2 8.3 8.4 9.1 Para 10 appears inconsistent with the details appearing in Para 27 and 28. Which is the correct GST treatment for Cancellation fees and Amendment Charges? Q&A 12 of the Travel Industry Guide Question 12 of the Guide provides an illustration where an FTA sells an inbound tour package on behalf of an LTA. In return, the FTA will charge a commission to the LTA. However, in the Answer, it is stated that the same commission is “charged by the LTA”. Para 12(f) and Q&A 12 Travel Industry Guide Para 12(f): “FTA sells inbound tour packages on behalf of LTA and receives commission from LTA. The commission received will be out of scope.” Q&A 12: “The LTA has to account for the GST using the reverse charge mechanism”. Kindly confirm whether the said commission is totally Out of Scope or subject to “reverse charge mechanism”. Para 13(a) Travel Industry Guide “Sale of outbound tour package (including haj/ umrah) is a zero rated supply.” GST at standard rated for domestic air ticket. Should the phrase in the Answer 12 “charged by the LTA” be replaced by “charged by the FTA”? *Already amended in Travel Guide. It is also hoped the Guide can be revised to remove this ambiguity. Para 12(f): Out of Scope (from perspective of FTA) Accordingly, please update the Guide to enhance clarity. Since the entire amount of an inbound tour package was standard-rated in para 12(c) of the Guide, then in order to ensure Para 13(e) Breakdown of outbound tour package consistency of treatment, the entire Foreign Tour Package Value 1,500 amount of outbound package Profit Margin (20%) 300 should be zero-rated. Service fees (air ticketing) 100 Total value of package 1,900 From the context of Para 13(a) above, we expect the entire amount of RM 1,900 to be zero-rated. Please confirm this. An inbound tour package to Malaysia may also include a trip by coach to Singapore which stops over at Malacca. The phrase should be replaced by “charged by the FTA” Imported services *Already amended in travel guide. Services comprising arranging of outbound tour to foreigners and who is outside Malaysia when the services performed to be zerorated. Further details will be given in Batch 2 of answer to queries. The trip by coach to Singapore (which “stops over” at Malacca (stay overnight at Malacca prior to resuming the journey to Singapore the next day) 9.2 along the way) is zerorated. Is the trip by coach to Singapore (which “stops over” at Malacca along the way) to be zero-rated? Q&A 10 of the Travel Industry Guide “outbound tour package” that includes pickup from the passenger’s house to the airport, the entire package is a zero-rated supply Outbound air ticket – Zero rated Pickup from house to airport – Standard rated because different supplier Would the GST treatment be different if it was an outbound air ticket (not tour package) which also included pickup from house to the airport? 9.3 9.4 Would the ‘air ticket and pickup from house to airport’ be zero-rated? Refer to Table 9.3 In determining the GST treatment for the pickup from hotel to airport: a) Would the GST treatment of the ‘pickup’ follow the type of tour package (ie. Inbound is entirely standard rated; Outbound is entirely zero-rated)? Or b) Would the tour operator be required to break up the tour into its components (eg. Pickup from hotel to airport is separated from the rest of the tour), and determine the GST treatment for each component separately? GST Guide on Travel Industry “Domestic leg, if it is part of the international carriage and provided by the same supplier is to be zero rated”. KK KLIA MAS aircraft Amsterdam KLM aircraft Code: MH/KLM Ticket supplied under MAS Is the flight from Kota Kinabalu to Amsterdam (supplied by MAS under “code sharing” with KLM) fully eligible for zero-rating ie. Allowed to zero-rate If approach (b) is to be adopted, then are the GST treatments proposed in Table 9.3 correct? It is emphasized that this question should be addressed in the context of Designated Area. The approach is b) breakup the component of the transport. Domestic leg from KK to KLIA is subject to GST at standard rate and International leg from KLIA to Amsterdam is subject to GST at zero rate because the domestic and international carriage provided by two different supplier. 9.5 the domestic leg as well as international portion? KK KLIA Amsterdam AirAsia MAS AirAsia flight from KK to KLIA is standard rated because of 2 different suppliers not under code sharing (1) Passenger buys travel arrangement from Travel Agent and will be charged one lump sum price (2) However, the actual plane for the domestic leg and the international leg are provided by 2 separate airlines NOT under “code sharing” 9.6 10.1 Can the travel agent zero-rate the travel arrangement from KK to Amsterdam? It must be emphasized that the entire purpose of the 2 flights is to enable the passenger to travel from KK to the end destination which is Amsterdam. Para 30 of the GST Guide on Supply “Composite supply refers to a single supply with more than one component. Where a supply appears to consist of more than one component, the supply is still a single supply if there is clearly one overall supply being made to which the remaining components can be seen as incidental, integral or tie-in.” a) Can the tour be regarded as entirely zero-rated (since a majority of the components by value as well as by content) is either “international travel” or “consumed in Singapore”? b) If NOT, then how is GST to be imposed since certain elements (eg. The “Combo entrance ticket”) carry a single price but is to be consumed in both Singapore and Malaysia? KTM Wholesaler Customer RM 10 RM 13 Since the KTM tickets are “stocks” to the wholesaler, when it sells such tickets to end consumers, are the KTM tickets at Refer to Table 9.6 No. The tour must be separated into domestic (standard rated) and international (zero rated) portions. It should be breakdown into individual prices Referred to para 22 (b), second schedule, exempt supply order 2014, the amount of RM13 is subject to GST at standard rate. The wholesaler is not retail price of RM13 under “Exempt’ category? licenced under the Railways Act 1991 to provide rail services. If the answer is NO (cannot use Exempt status on the full RM13), then what is the GST treatment? 11.1 11.2 12.1 What is the disclosure in the Tax Invoice? In addressing this question, attention is drawn to issues 1.1 (treatment of “stock”) and 3.1 (profit exposure). For cases where there has NOT been any payment nor any Tax Invoice issued before the tour, the Time of Supply will then revert to the time indicated in S11(3). Under such situation, when exactly is the Time of Supply for the said tour? a) Start date of the tour; or b) End date of the tour (which appears more consistent with S11(3)) Where the performance period (to which the performance-related incentives accrues) stretches before and after 1.4.2015, is the payer of the incentive require to apply the transitional provisions for ‘supply spanning GST’ and apportion the performance incentive? Section 11(3) of the GST Act 2014 End date of the tour “…the time of supply of services shall be at the time when the services are performed”. the portion before 1.4.2015 is NOT subject to GST the portion on or after 1.4.2015 is subject to GST Generally, transitional provisions would require the incentive to be timeapportioned whereby the portion before 1.4.2015 is NOT subject to GST. Please confirm that this understanding is applicable to the situation. Para 24 of the GST Guide on Travel Industry “Cruise packages that include docking or stop over at one or more ports outside Malaysia are subject to GST at zero rate” a) What would be the GST treatment if the same cruise carrying the same passengers were to continue with a return journey back to Malaysia as part of the original cruise? the return journey would be considered as part of the “outbound” cruise, and therefore the entire cruise would be treated as zero-rated It is assumed that the passengers embarked on the cruise that started from Malaysia, docked at international port, and returned by the same cruise back to Malaysia. Would the return journey be viewed separately and regarded as standardrated? Or Would the return journey be considered as part of the “outbound” cruise, and therefore the entire cruise (from Malaysia to overseas, and from overseas back to Malaysia) would be treated as zero-rated? b) Some cruises by their nature would normally involve a round trip ie. Starts from Malaysia and may travel to (and dock at) international ports before returning back to Malaysia. Para 4 of Second Schedule of GST (Zero-Rated Supply) Order 2014 Zero-rating is only available when either the point of origin or the end destination is outside Malaysia Zero-rated In such instance, would the cruise still be zero-rated (taking note that such cruise starts and ends in Malaysia)? 12.2 13.1 What is the GST treatment for a cruise which picks up embarking passengers from an international port into Malaysia? Transaction involving Foreign Exchange rates. Treatment of foreign exchange gain/loss Zero-rated Under Para 5 of the Third Schedule of Goods and Services Tax Act 2014, it is stated that: “where any sum……is expressed in a currency other than ringgit,it is to be converted into ringgit at the selling rate of exchange prevailing in Malaysia at the time when the supply takes place……” That means GST is already reported and paid based on the exchange rate at the time when the supply takes place .therefor there should NOT be further GST impact at time of eventual collection. So there should NOT be any GST impact on the realised foreign exchange gain/loss. Since the realised foreign exchange gain/loss is an exempt supply there will be NO GST. 13.2 14.1* Tax code for realised foreign exchange gain/loss Is it “OS” for foreign exchange gain and “OP” for foreign loss? Credit Card In conducting business, it is not uncommon for customers to pay by Credit Card charges passed on to credit card. In such event, the bank customers charges associated with the usage of credit card will often be backWhat is the GST treatment for this “credit charged to the customer as a card charge” that is back-charged to the separate item on the Tax Invoice. customer? The bank charge is merely to Can the tour/travel agent regard this as a disburse the tour/travel agent who “disbursement” and therefore, pass this has suffered the same from the along to the customer without any GST? bank/ credit card company. 15.1 Gifts and Company Trip Lucky draw prizes and Gifts for customers(tourists) 15.2 Does the travel agent need to account for GST when providing a free company trip to employees? In view that monetary cash vouchers will only trigger GST at point of redemption, does the travel agent need to account for any GST (deemed supply) when presenting these monetary cash vouchers to employees as gifts at the company’s annual dinner? (Assumption: the monetary vouchers are more than RM500 each.) 15.3 Please confirm that there will NOT be any GST impact for the realised foreign exchange gain/loss. What is the GST Tax Code to be used for the realised foreign exchange gain/loss 16.1 Foreign Agent such as Occasionally, travel/tour agent will hold promotions whereby the customers who buy outbound tour packages from a particular tour agent will be given a free gift (eg. In the form of a luxury luggage etc).These gifts can sometimes be valued more than RM500 (meaning the donor cannot rely the “RM500 Gift rule” to “exempt” the gift given away). Tax Code is ‘ES’ or Exempt Supply. (After Batch 2 discussion, Tax Code should be “ES43” and NOT “ES”) According to the bank, merchant cannot pass on the cost which is bank charged the usage of credit card to the merchant. If merchant charged the customer, it is subject to GST at standard rated. It is a cost to the operator and is not regarded as disbursement. (Refer to Para 5(2)(a) First Schedule of GST Act 2014) Amount RM500 per person per year is a aggregate of all gift given in the tax year if total cost exceed RM500 it is subject GST(account for output tax). No Monetary cash vouchers given to employees regardless of the amount is not subject to GST. Online Travel Agents (eg. Agoda.com or Expedia) (1) ‘Buys’ hotel rooms (2) ‘Re-sells” hotel rooms Refer to section 13(4) this is an imported services if the LTA located in PCA. (under contract) Malaysia Hotel Local Tour Agent Time of supply is time of payment made by the recipient. For the local tour agent, is the acquisition of hotels from the Foreign Agent regarded as an “imported services”? 16.2 If so, please confirm the “Time of Supply” for such imported services: Is it at time of payment to the Foreign Agent? Tour agents sometimes receive a softcopy invoices in ‘statement format’ from suppliers with volume transactions. That means the invoices is in the form of a statement detailing out many transactions on various dates. Will the RMC accept such invoices in ‘statement format’ as the equivalent of a ‘purchase’ Tax Invoice in order for the tour agent to claim input tax credits? 17.1 Compelling tour agents to pay over the GST of ‘6/106’ on the GST-inclusive price of all transitioning tours already sold may cause a major financial hardship to tour agents arising from the deemed GST to be paid to the RMC in Apr 2015 taxable period. It is hoped that the RMC and the government views with considerate eyes the plight faced by tour agents selling transitioning tours, and provide tour operators dispensation/ special exemption from complying with the requirement to pay over the deemed GST portion of ‘6/106’. Refer to section 34 a registered person can produce a tax invoice by computer ( in softcopy). The ‘statement format’ as the equivalent of a tax invoice will be acceptable if the ‘statement format’ is comply with regulation 22 (content of tax invoice). Refer to Section 183(3) if the payment received before ED and services perform after ED, the invoice issued shall be deemed to be inclusive of tax. APPENDIX Table 7.1 Air ticket being Agent (earning the sold commission) Domestic Flight Local Tour Agent International Flight Local Tour Agent (M’sia to overseas) International Flight Local Tour Agent (M’sia to overseas) International Flight Local Tour Agent (M’sia to overseas) International Flight Local Tour Agent (M’sia to overseas) International Flight Local Tour Agent (overseas to M’sia) International Flight Local Tour Agent (overseas to overseas) International Flight Local Tour Agent (overseas to M’sia) International Flight Local Tour Agent (overseas to overseas) * ONLY THE COMMISSION (FEE) Principal Foreign Tour Agent Local air line GST treatment on fee earned? (*) Zero rated Standard Rated Foreign air line Zero Rated Local Tour Agent Standard Rated Foreign Tour Agent Zero Rated Local air line Standard Rated Foreign air line Zero Rated Local Tour Agent Standard Rated Foreign Tour Agent Zero Rated However, if the Foreign Principal has a Branch in Malaysia, then the commission cannot be zero rated. Table 9.3 Type of package Pickup from: Inbound package Hotel in Langkawi Inbound package Hotel in Langkawi After pickup, send to: Airport in Langkawi; Flight to overseas home country Airport in KLIA (non-DA); Flight to overseas home country GST treatment for the ‘Pickup’: Out of scope? Pickup from hotel to airport - No GST Flight to overseaszero rate Zero-rated. By chartered coachstandard rated Flight to overseas – Zero rated Table 9.6 Item RM 2D1N – Self drive in Johor 2D1N Singapore Combo entrance ticket for: LEGO Land (Malaysia) Hello Kitty (Malaysia) Universal Studio (S’pore) Aquarium (S’pore) Hotel in Johor Hotel in Singapore Bus service: KL to Johor to S’pore Bus service: Singapore to Johor Total value of tour package 500 800 300 Consumed in Singapore/ International Consumed in Malaysia/Domestic 500 800 X 100 300 500 300 500 200 200 Y 100 2,700 1,800 + X 600 + Y