PUTRAJAYA – The decision on whether next-of-kin must pay tax arrears of deceased persons will be known by September, said Minister in the Prime Minister’s Department (Religious Affairs) Datuk Mohd Na’im Mokhtar.
He said the matter will be discussed by the Muzakarah Committee of the National Council for Islamic Religious Affairs following a difference of opinion between two muftis, Penang Mufti Datuk Seri Wan Salim Wan Mohd Noor and Pahang Mufti Datuk Seri Abdul Rahman Osman regarding the matter.
The panel of shariah experts at the Islamic Development Department Malaysia (Jakim) will also meet tomorrow to discuss the matter, he told the media after attending an event by the Federal Territory Islamic Religious Council Zakat Collection Centre here today.
Prior to this, IRB chief executive officer Datuk Mohd Nizom Sairi was reported to have said the next-of-kin of deceased taxpayers are fully responsible for their commitments, including income tax management.
Section 74 of the Income Tax Act 1967 stipulates that any income tax arrears cannot be automatically written off, even if the individual involved is certified dead.
In May, a local newspaper reported a law requiring the legal representative or administrator of a deceased taxpayer’s estate to pay the tax arrears left by the deceased, inviting the mufti of Penang and Pahang to give their contradictory view on the matter.
Salim is of the view that the tax arrears should be paid by the next-of-kin, while Rahman said the next-of-kin to the estate of a deceased taxpayer does not need to do so. – Bernama, July 10, 2023