PEJABAT PELAKSANAAN GST
KEMENTERIAN KEWANGAN
SUPPIAH A/L AYAHOO
SENIOR ASSSITANT DIRECTOR
OF CUSTOMS II
GST DIVISION
Date: 5 NOVEMBER 2014
GST ON HEALTHCARE SERVICES
2
Agenda:
Introduction
Mechanism of GST
Exempt healthcare services
Standard rated services by healthcare facility
Other services related to healthcare facility
Types of supply and acquisition by healthcare facility
Apportionment Rules
Other Services
3
Current Treatment
Sales Tax 1972 & Service Tax 1975
GST Treatment on Healthcare Services
ITEM GOVERNMENT PRIVATE
Acquisition
Goods Not subject to sales taxOnly selected goods are not
subject to sales tax
Services Subject to services tax Subject to services tax
Services providedNot subject to services
tax
Subject to services tax on
food and lodging provided
by the hospital
Service
ProviderPatient
Govt collects tax
when service is
provided to
consumer
How service tax works
4
Introduction
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Sales Tax
&
Service Tax
(SST)
Once GST implement 1st April 2015, Sales Tax Act And Service Tax Act will be repealed.
Goods and Services
Tax (GST) Rate = 6 %
Threshold = RM500,000
GST Treatment on Healthcare Services
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TYPES OF
SUPPLY
OUTPUT TAX INPUT TAX
Standard rated 6% Claimable
Zero rated 0% Claimable
ExemptNo GST charged
Non claimable
Basic principles of GST
GST charged on
taxable supplies
GST paid on business
purchases
Refund to
taxable person
Pay GST to
Government
Net GST
Output
Tax
Input Tax
Less
EqualsPlus (+)Minus (-)
Criteria to claim Input Tax
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Basic principles of GST
8
Facility GST Treatment
Government Out of scope
Private Exempt
Supply by Healthcare Services
GST Treatment on Healthcare Services
99
Hospital
SupplierPrivate
Hospital
Patient
HOW GST WORKS - EXEMPT
GST
6 %
NO
GST
GST Treatment on Healthcare Services
Supplier
claims tax
paid on input
Private
hospital
cannot claim
tax paid on
input
Patient
does not
pay any
GST
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HOW GST WORKS? - EXEMPT
Selling price : RM131
GST : RM0
Total selling price :RM131.00
Purchase cost : RM100
GST* : RM6
Purchase price : RM106
Delivery /
supply chain
*Note: cannot claim input tax
Value-Adding
Activity
Added Value : RM25
Hospital
Supplier
Private
Hospital
Patient
GST Treatment on Healthcare Services
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CANADA UK AUSTRALIA
SINGAPORE/
NEW ZEALAND/
SOUTH AFRICAINDONESIA
GST / VAT 5 20 10 7 / 15 / 14 10
Healthcare
servicesExempted
- input tax recovery, the
rebate rate is fixed at
83%
- hospital beds on a zero
rated
a) provided by a qualifying institution e.g. Drugs, medicines,
bandages, plasters or ointments in the course of care or
treatment are exempt
b) not a qualifying institution, drugs or medicines that you
supply standard rated
c) HMRC allow pharmacists (including those operating from
an independent pharmacy within hospital premises) to
zero rate drugs, medicines and other qualifying goods
where ALL of the conditions are met
Zero rated
-full recovery of input tax
supply except cosmetic
surgery or procedures
which not to alleviate a
medical condition
Standard rated Exempted
Medicine SR SR SR SR SR
Dietary
supplementsSR SR SR SR SR
TCM SR SR SR SR Exempted
Comparison with other country
GST Treatment on Healthcare Services
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Healthcare and Related Services :
• Private Hospitals - Exempt
• Private Clinics - Exempt
• Pharmacy – Standard rate
• Veterinary – Standard rate
• Traditional and complementary medical
services (T/CM) – Standard rate
GOVERNMENT – out of scope
GST Treatment on Healthcare Services
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Exempt
Healthcare Services
14
Healthcare services are treated as
exempt supplies under GST if they are
supplied by the private healthcare facility
registered or licensed premise under the
Private Healthcare Facilities and Services
Act 1998. [Act 586].
GST Treatment on Healthcare Services
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3 main aspect :
Healthcare services
Include ambulance
food, lodging and mortuary services
Professional healthcare services
Facility healthcare services
GST Treatment on Healthcare Services
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Healthcare services
medical, dental, nursing, midwifery, allied health, pharmacy
and ambulance services
accommodation for purpose of providing healthcare services
screening, diagnosis or treatment of person
preventive or promoting health
Services provided by healthcare para professional
curing or alleviating any abnormal condition
Include food and mortuary services
GST Treatment on Healthcare Services
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Healthcare facility
Any premise used or intended to be used for the provision
of healthcare services or health related services, such as
private hospital, hospice, ambulatory care centre, nursing
home, maternity home, psychiatric hospital, psychiatric
nursing home, community mental health centre,
hemodialysis centre, medical clinic, dental clinic or such
other healthcare or health related premises as the Minister
of health may from time to time, by notification in the
Gazette
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Healthcare professional
any medical practitioner, dental practitioner, pharmacist,
clinical psychologist, nurse, midwife, medical assistant,
physiotherapist, occupational therapist and other allied
healthcare professional and any other person involved in the
giving of medical, health, dental, pharmaceutical services
under the jurisdiction of the Ministry of Health
must be a person who is registered as such under the
regulatory body of relevant professional, dental, nursing or
midwifery profession of medicine or any other regulatory
body and who holds a valid practicing certificate
GST Treatment on Healthcare Services
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Healthcare services
For the purpose of this treatment, services of the
healthcare professional which are not under the
employment of the private healthcare facilities
shall be treated as outsourcing services and will
be subject to GST.
GST Treatment on Healthcare Services
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GST Treatment on Healthcare Services
Individual +
Company
Contract for services
70% = RM 7,000.00 (Consultancy Fee)
EX
30% = RM 3,000.00 (Rental, Billing, Nursing, Marketing)
SR
SR
SR
SR
EX
SR
SR
EX
D2
Company +
Clinic
P1 RM 10,000.00
P2
P3
SR
SR
Individual (locum)
H D1
Own
Clinic
EX
EX
F / H
F / H
F / H
EX H – HOSPITAL D – DOCTOR F/H – FACTORY / HOUSE
PROFESSIONAL SERVICES
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Healthcare services exempt if
Provided by licensed private healthcare facility
eg. : All healthcare services provided in Hospital A
provided by licensed private healthcare facility to
another licensed private healthcare facility
eg. : - mortuary services from Hospital A to Hospital B
- supply of blood test/ x-ray services by Hospital X
to Ahmad Clinic
GST Treatment on Healthcare Services
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Healthcare services exempt if
provided by doctor of the licensed private healthcare
facility to a person at home
eg. : Dr Ahmad from Clinic A make a house call to his
patient’s home due to his disability to move
GST Treatment on Healthcare Services
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Healthcare services exempt if
provided by provider in licensed private healthcare
facility acting as panel clinic to a company
eg. : Siva Clinic acts as a panel clinic for Syarikat
Maju Jaya and provides healthcare services to
Syarikat Maju Jaya’s staff at Syarikat Maju
Jaya’s premise.
GST Treatment on Healthcare Services
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Ancillary Healthcare services exempted includes:
Prescription of medicine, food, lodging and
mortuary services by a licensed private
healthcare facility
medical reports
GST Treatment on Healthcare Services
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• Examination
• Imaging
• Consultancy service
• Medicine
• Accommodation / Room
• Food
• Ambulance
Exempt /
Not subject to GST
Input tax not
claimable
Exempt Services by Healthcare Facility
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Standard Rated Services
By Healthcare
Facility
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Standard Rated Supplies
Healthcare services provided by healthcare
professionals in a private healthcare facility who are
not employees nor under its payroll on basis of
contract for service are standard rated supplies.
Any services provided by the healthcare
professionals to the private healthcare facility is
subject to GST at a standard rate.
GST Treatment on Healthcare Services
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Services not related to healthcare are standard rated :
Provision or rental / lease of space, equipment and other
facilities
Eg. : - Hospital provides operation theatre, medical equipment
to doctor not under its employment
- Rents out part of building used for office, clinic, shop by
third party
Parking, laundry
Accommodation / room and food provided to other than
patient
GST Treatment on Healthcare Services
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Services not related to healthcare are standard rated : (cont..)
Provision of goods used as aids such as.
eg : Hospital sells artificial limb, crutches, hearing aid, wheelchair
to patient
Provision of staff and professional expertise
Provision of seminar and expertise for training
Provision of facilities for fitness and well being
eg : gymnasium, spa, slimming center
GST Treatment on Healthcare Services
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Provide facilities and
equipment
Rental
Seminar
Training
Parking
Laundry
Canteen
Hygienic cleaning
Subject to GST -
Standard rated supply
Can claim input tax on inputs relating to such supplies
Other Services by Healthcare Facility
GST Treatment on Healthcare Services
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Other Services
Related to Healthcare
Services
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• Spectacle shop
• Test lab
• Veterinary services
• Alternative medicines
(T/CM)
Standard rated supply
Subject to GST
Input tax claimable
Other Related Activities to Health Sector
GST Treatment on Healthcare Services
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Other Related Activities to Health Sector( cont..)
• Gymnasium
• Spa
• Sauna
• Slimming centre
• Massage parlor
• Beauty saloon
Standard rated supply
Subject to GST
Input tax claimable
GST Treatment on Healthcare Services
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Types of
Supply and Acquisition
by
Healthcare Facility
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• Exempt supply Supply by private healthcare services :-
Example of exempt supplies
Treatment and consultancy services
Supply of food, accommodation and prescript medicine
Ambulance services
The total charge is GST exempt
Even your annual exempt supply exceed RM500,000
you are still not liable to register under GST
GST Treatment on Healthcare Services
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• Standard rated supply Supply by private healthcare services :-
Example of standard rated supplies
Provision of space, facilities and equipment
Supply of food, accommodation to other than patient
Parking, laundry services
The charge are subject to GST
If your annual taxable supply exceed RM500,000,
you are liable to register under GST
GST Treatment on Healthcare Services
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• Mixed supply Supply by private healthcare services :-
Example of mixed supplies
Provision of healthcare services to patient
Provision of food and accommodation to other than patient
Parking, laundry services
Some charges taxable supplies, some are exempt supplies
Need to list out and do apportion
GST Treatment on Healthcare Services
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• Acquisition of goods and services
Any acquisition of goods or services by healthcare facility
For making taxable supply - can claim
For making exempt supply – cannot claim
For making exempt and taxable supply - apportion
GST Treatment on Healthcare Services
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Acquisition by Healthcare Facility
Acquisition GST Treatment
Equipment Standard rated
Medicine Standard rated
Services Standard rated
GST Treatment on Healthcare Services
Equipment : certain machinery for healthcare treatment may entitled for GST (Relief) Order 2014
Medicine : certain medicine for healthcare treatment may entitled for GST (Zero Rate Supply) Order 2014
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Outsourcing Services to Healthcare Facility
• Laboratory
• Hygienic cleaning
• Imaging
• ** Maintenance
• ** Food preparing
• **Security services
• *** Parking
• *** Laundry
Subject to GST
Input tax not claimable if such services usedfor exempt
**Apportion if such services used for mixed
supply
***Claim in full if used for taxable supply
GST Treatment on Healthcare Services
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Apportionment Rules
Claim
100% input
tax
Inputs
used
Attributable to
both taxable and
exempt supplies
Wholly attributable to
taxable supplies
Wholly attributable to
exempt supplies
Apportionment
rules apply
Cannot
claim input
tax
Apportionment Rules
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• Input tax directly attributable to taxable supply
can be claimed in full
• Input tax directly attributable to exempt supply
cannot be claimed
• Input tax attributable to both taxable and exempt
supply (residual input) need to be apportioned
Std method - Known as TURNOVER METHOD
ITC = R x GST incurred on residual input
R (recoverable %) =Taxable Supplies
Taxable Supplies + Exempt Supplies
x 100
Apportionment Rules
44
Attribution/Apportionment• E.g.
Taxable supplies = RM 250,000
Input tax attributable to taxable supplies = RM30,000
Exempt supplies = RM 50,000
Input tax attributable to exempt supplies = RM6,000
Residual input tax = RM 15,000
R (recoverable %) =250,000
250,000 + 50,000
x 100
= 83.33%
Claimable ITC on residual = 83.33% x 15,000 = RM12, 499.50
Therefore, total claimable ITC = RM30,000 + RM12,499.50
= RM 42,499.50
Apportionment Rules
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Other
Related Services
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Pharmacy Services
Type GST Treatment
Industrial Pharmacy Standard rate
Hospital PharmacyGovernment – GST out of scope
Private – exempt
Retail Pharmacy Standard rate
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Veterinary Services
• Veterinary hospitals
• Clinics
• Veterinary pharmacy
• Animal hotels
• Other related services
Standard rated supply
Subject to GST
Input tax claimable
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• Acupuncture
• Reflexology
• Naturopathy
• Massage
• Reflexology
• Homeopathy
• Ayurveda
• Aromatherapy
• Chinese Medicine
Traditional & Complementary Medicine Services (T/CM)
Standard rated supply
Subject to GST
Input tax claimable
GST Treatment on Healthcare Services
Thank you
BAHAGIAN GST
JABATAN KASTAM DIRAJA
MALAYSIA
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Enquiry
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Enquiry
i) Ibu Pejabat Kastam Diraja Malaysia
Bahagian GST,
Aras 3 & 4, Blok A, Menara Tulus,
No. 22, Persiaran Perdana,
Presint 3, 62100 PUTRAJAYA.
ii) GST PORTAL – http://[email protected]
iii) Customs Call Centre (CCC)
Tel: 03- 78067200
Fax: 03- 78067599
Email: [email protected]