YOURSAY | ‘Pay up please, failing which the IRB may confiscate properties and dispose of them.’

Summary judgment granted, Najib needs to pay RM1.69b tax

Vijay47: In reality, the story is much worse than meets the eye, contaminating every party involved in this regrettable episode.

First, we have a sitting prime minister, smug in the fabulous amounts he has come to possess, arrogantly explaining that such monetary assets were heavenly gifts beyond the pale of crude demands of those who would dare to impose on his lordly self.

And later when an assessment is actually raised, he haughtily refuses to comply, unlike the common man whose only option is to pay up lest worse befalls him.

As the law stands, challenging the suit had about as much chance as the Titanic continuing smoothly in the cool waters of the Atlantic. Failure was ordained in the books but perhaps lawyer Muhammad Shafee Abdullah was obliged to earn his millions, not to mention his pound of flesh and 30 pieces of silver.

And even unbelievably worse, Najib Abdul Razak was the sort of parliamentarian that the Parliament speaker felt obliged to approach the court to seek dispensation for.

Now that the Inland Revenue Board (IRB) has succeeded in their claim, some may feel that it deserves applause. Not really.

On what basis did they originally decide that the princely sums that Najib received were ‘donations’ and hence exempted from or not liable to tax? Under what law? Section 44(6)? If so, the nation would be relieved to know when Najib elevated or transformed himself into a one-man charitable institution or organisation.

Unfortunately, the sorry tale does not end there. Why did IRB suddenly bite its tongue, eat its own words and decide that Najib indeed had to render unto Caesar what belonged to Caesar? Maybe the law was changed in the dark of gelap nights. I must have been asleep.

Yet the director-general has a chance to redeem himself. The taxpayer Najib can be expected to appeal to the special commissioners and on until the Court of Appeal where the outcome would be the same – render unto Caesar.

Appeal is a right. But since no stay has been granted, IRB in the meantime can enforce settlement of all taxes due and payable. A little less quinoa and chocolate never hurt the weary body.

Anon 93751028: Indeed, Najib misses the point. He must pay first before he appeals to the Special Commissioner on Income Tax (SCIT).

Then it should be an easy matter to prove the ‘donation’. All he must do is show them his tax-exempt status as a charity (or whatever), then it will be waived. That's what Ali Everyman has to do.

Pokokelapa: High Court judge Ahmad Bache pointed out that the tax payment system in Malaysia was such that the tax assessed person must pay the assessed tax first, then appeal to the SCIT for tax reassessment if they wished to do so.

“This is the tax scheme in Malaysia and the defendant should have been aware that as former finance minister, when a notice (of assessment) has been served, the tax becomes due and payable,” Ahmad said.

The judge pointed out that the existing system in Malaysia of “pay first, talk later” may seem harsh but it was necessary in order to combat instances of tax evasion in the country.

So, who has abused power? Sorry, Najib, better luck next time.

Donplaypuks: When Najib was PM and finance minister, circa 2016, IRB raised a RM2 billion additional tax assessment on Tenaga Berhad (TNB). Many speculated that this was revenge for TNB refusing to buy independent power producer Edra from 1MDB at massively inflated prices.

Additional tax assessments were also raised on Aeon Credit and Dr Mahathir Mohamad/Harapan supporter, tycoon Lee Kim Yew.

Would Najib agree if accused of gross abuse of power? By what right is he now accusing DAP leader Tony Pua and Harapan of abuse of power? These bullies of this world can dish it out but not take it.

Wong Fei Hoong: For an ordinary citizen, IRB will demand to pay up first and then only seek remedy from the court. But for this man, it is different. Why the double standard? Even if Najib wants to appeal, he has to pay up first.

Najib, you did not pay tax and yet you blame Pakatan Harapan and DAP for it. It’s your own doing.

While other responsible Malaysian pay their tax diligently, you tried to evade tax payment. As a former PM, you really are an insult to Malaysians.

Mosquitobrain: Yes, Najib blamed everything on DAP. But he never blamed DAP when his personal bank accounts were swollen by RM2.6 billion in cold hard cash.

Clever Voter: The country has become lawless. Despite the judgment, crooked politicians have found a way to ignore or go around it. It's the ordinary people on the street that have to slog to support the feudal system, where patronage and corrupt practices thrive.

It's a shame the same man charged for so many offences is allowed to even appear in Parliament. That speaks a lot about the system.

Winter As Come: Najib, you know the drill. Get House speaker Azhar Azizan Harun to write a request to IRB to do without the assessments. They will take it as order and let you go.

Appealing to SCIT is fraught with problems. You need to explain that the donor is 1MDB but you thought it was the corrupt Saudi king Salman Abdulaziz Al Saud, so you returned the donation to unknown persons in the Cayman Islands.

Gotcha: Pay up please, failing which the IRB may confiscate properties and dispose of them. Thereafter, they will file for bankruptcy for any shortfall not paid.

This was what happened to a friend some years ago.

Freethinker: I thought even donation is subject to income tax unless you apply for tax-free status like some charity organisation? Is Najib a charitable organisation with tax exemptions status?

My monthly crediting into my personal account is also a donation from my company. In return for their generosity, I work for them for free.

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