KUALA LUMPUR, Oct 5 — The High Court was told today that former Felda chairman Tan Sri Shahrir Ab Samad never declared an income exceeding RM1 million for the assessment years 2013 to 2018 to the Inland Revenue Board (IRB).
Deputy Head of the Celebrity, Public and Various Entertainers Desk Audit Unit, IRB Assessment Division, Tuan Zulkfli Tuan Lah, 48, said the information was obtained from the BE Form, which contains information on individual income through employment received by Shahrir.
“The income declared by Tan Sri Shahrir in 2013 was RM87,834, 2014 (RM128,104), 2015 (RM213,394), 2016 (RM189,545), 2017 (RM267,090) and 2018 (RM193,191). I confirm that Tan Sri Shahrir has never declared any income exceeding RM1 million for the assessment years 2013 to 2018,” he said.
Tuan Zulkfli said this when reading his witness statement during examination-in-chief by deputy public prosecutor Mohd ‘Afif Ali in the trial of the Johor Bahru MP who is charged with failing to declare to the IRB the RM1 million he received from former Prime Minister Datuk Seri Najib Tun Razak.
The 21st prosecution witness also confirmed that Shahrir had used his username and password to declare his income for those years via e-Filing on the IRB website.
Tuan Zulkifli said that according to Section 4 of the Income Tax Act 1967 and the rules, any income or profit received from other than employment must be reported to the IRB.
Mohd ‘Afif: If a person receives RM1 million as a donation, either for himself or for an organisation, and the money is deposited into his personal account, does it need to be declared to the IRB?
Tuan Zulkifli: In terms of assessment, if the donation is received by an individual, it should be reported to the IRB regardless of its purpose. The individual must first report it to the IRB, and the IRB will determine whether it is taxable or not.
Asked whether the individual could opt not to report the sum because he considered it a donation or investment, the witness replied: “No”.
Mohd ‘Afif: Regarding our case today, if Tan Sri Shahrir received a cheque of RM1 million and the money is deposited into his personal account, does he have to report the funds to the IRB in 2013?
Tuan Zulkfli: He has to report it in the year the money was received, which is 2013.
Shahrir is alleged to have committed the act at IRB Duta Branch, Government Office Complex, Jalan Tuanku Abdul Halim on April 25, 201. The charge, framed under Section 4(1) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, provides a maximum fine of RM5 million, or imprisonment for up to five years, or both, if found guilty.
The trial before Judge Datuk Muhammad Jamil Hussin continues tomorrow.
