YOURSAY | 'If the money goes to your personal account, how can it be called a political donation?'

'No need for Najib to declare RM2.6b donation for tax'

Anonymous_1371537191: All donations are subject to income tax, no matter which organisations are involved, unless they apply to Inland Revenue Board (IRB) to be tax- exempted. Has Prime Minister Najib Razak made any application for his RM2.6 billion?

Vijay47: Chartered Tax Institute of Malaysia (CTIM) president SM Thanneermalai is of course correct when he says that "as long as one could prove that it was indeed a donation, then the matter closes there".

From this simple statement of tax fact, two requirements would apply: First, that it was indeed a donation and second, that the fact can be proved. Which also means that if the first answer is in the negative, the second issue, as Umno leaders love to say, would not arise.

That the first point (with regard to the RM2.6 billion) is wrought with so many different conflicting explanations - donor, donors, "I saw the cheque", "I met the donor", "dead men walking" - compounded by the sheer quantum involved, requires that the IRB has to be fully satisfied, through documentary evidence, that the "donation" was indeed a donation.

A mere statement to that effect by someone (however great he is) will simply not cut the ice. On the contrary, there is more evidence to suggest that it was not a donation.

So what should IRB have done? Tax the amount, impose a Section 113 penalty, and let him appeal. No, make it Section 114.

Anonymous #12566075: Can Thanneermalai tell us if someone remits money from overseas, the receiver does not need to declare it to IRB?

I Wonder?: The law is very clear. If it is a legal local political donation to a political party, it has to be banked into the receiving party's account strictly, then only this donation qualifies for tax exemption.

But if this "donation" is banked into an individual's personal and private account, it cannot be considered a political donation but illegal income or corruption, subjected to not only personal tax, but also to money- laundering law and Malaysian Anti-Corruption Commission (MACC) investigations and prosecution. No one is above the law.

Please do not deviate from the following facts. Is it legal in Malaysia that political donations to a political party can be banked into the personal and private bank account of an individual? Does our law permit local political parties to accept political donations from foreign countries or foreigners, amounting to interfering into Malaysia's sovereignty?

If this donation is foreign aid to assist Malaysia to combat terrorism , such as IS, shouldn't this donation be paid into the Malaysian government's account directly and not into any private and personal account of an individual?

Res Ipsa: Thanneermalai , I agree with your assertion that, as a general rule, political donations are not taxable. But are we actually talking about a clear-cut political donation in this case?

There is already severe doubt over the authenticity of the donation storyline as it only came about well after the expose by whistleblower website Sarawak Report and The Wall Street Journal (WSJ) on monies channelled into the PM's personal accounts.

Even the intended beneficiaries of the donation, presumably Umno in particular and BN in general, were clueless about the existence of such monies until the expose.

Finally, after taking everyone on a wild goose chase, our attorney-general (AG) comes along and states that a substantial part of the loot of RM2.6 billion has been returned to the donor. Besides just paying lip service and some graphical illustrations, no documentation has been furnished to substantiate the return of the monies to the donor.

So money came in, was partially utilised, and then returned. How does all this fit into the donation storyline? Any clues, Mr Thanneermalai?

Headhunter: If the money goes to your personal account, how can it be called a political donation? So now developers who bribe corrupt politicians can bank the money into their personal accounts and declare it a political donation?

No matter how one looks at it, it's criminal and it's morally a no-brainer. The IRB is not doing its job if it insists that it was a "political donation" and thus not subjected to tax.

Bornean: Doesn't one need to declare everything received, whether taxable or not? Did this person do it?

Middle Path: There is one law for the selected few and one for the general public. If a donation is not subject to tax, how does the IRB determine that it's a donation and not commission, or even stealing from the government coffers?

What stringent criteria has the IRB exercised to determine that the RM2.6 billion was a donation?

N1: Thanneermalai, how do you define what is or is not a donation?

GE14NOW!: Looks like I should tell my boss to just give me donations instead of a salary. But here's something else - the Saudis said that there was NO donation. Oh, we live in such a wonderful land.

Bribes to the police can now be called donations and if part of the donation is returned, then the policeman who received the bribe can be exonerated. This is beginning to look like, smell like, a Banana Republic.

Perak Boleh: A good one from the CTIM president. Eventually, it will open the floodgates for tax evaders and money laundering. Any of the said categories can register a service company and join a political party and start depositing illegal monies or fees into their personal accounts and claim that it's a political donation. Isn't it very convenient?

Bluemountains: AG Mohamed Apandi Ali said it was a "donation". The Saudi foreign minister said it was not a donation but an investment. Who is not telling the truth?

VP Biden: Still it begs the question, why is political donation not legislated in Malaysia? Furthermore, the Saudis have said it is not a donation but a business transaction. Former deputy prime minister Muhyiddin Yassin has also questioned why this "donation" was not in Umno's accounts.

These are lies, deception and corruption at the highest level.

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