Short answer. A sole proprietor files Form B, a partnership files Form P, an LLP files Form PT and a Sdn Bhd files Form C, each on a different timeline in LHDN’s yearly programme. Any of them may also owe employer returns (Form E), SST and e-invoice duties depending on staff, activity and turnover. Use the tables below as a checklist.
Axecta provides tax compliance and filing for companies across Malaysia. Talk to our team.
In this article
- Why the business type decides your tax workload
- The core comparison
- Income tax rates by structure
- Taxes and duties beyond income tax
- How to work out what applies to you
- Illustrative scenarios
- Common mistakes
- What changes when you switch structure
- How Axecta helps
- Next steps
- Frequently asked questions
Why the business type decides your tax workload
Ask five Malaysian business owners what tax they deal with and you will get five different answers, mostly because they run five different structures. The Income Tax Act treats a sole proprietorship, a partnership, an LLP and a company differently, and the difference shows up in which return you file, who is personally liable for the tax, how payments are scheduled and what extra duties follow. This article is a checklist. It lays the obligations side by side so you can see what your structure triggers, and what would change if you switched.
The core comparison
| Sole proprietorship | Partnership | LLP | Sdn Bhd | |
|---|---|---|---|---|
| Who is taxed | The owner, as an individual | Each partner on their share of the income | LLPs file their own return; check the current ruling on how they are taxed | The company, as a separate taxpayer |
| Main return | Form B | Form P, then each partner declares a share | Form PT | Form C |
| Due date in the 2026 programme | 30 June 2026 (YA 2025) | 30 June 2026 (YA 2025) | Within 7 months after the accounting period closes | Within 7 months after the accounting period closes |
| e-Filing grace | 15 days | 15 days | 1 month | 1 month |
| Tax during the year | Instalments if LHDN issues a notice | Partners’ own position | Check LHDN | CP204 estimate and monthly instalments |
| Employer return if you employ staff | Form E | Form E | Form E | Form E |
| Employer return if no staff | Exempt from CP8D | Exempt from CP8D | Dormant LLPs must still file Form E and CP8D | Dormant companies must still file Form E and CP8D |
The due dates and exemptions above come from LHDN’s Return Form Filing Programme for 2026, published 30 December 2025 and updated 1 April 2026. Its guide notes say sole proprietorships, partnerships, Hindu joint families and deceased persons’ estates with no employees are exempted from submitting the CP8D, while dormant companies, LLPs, trust bodies and co-operative societies are compulsory filers of Form E and CP8D.
Income tax rates by structure
Need this done for you? Axecta’s tax compliance and filing team can handle this for your company. See the tax compliance and filing service.
Individuals and partners are taxed at individual rates (see LHDN’s individual FAQ and income declaration page). We have not reproduced the individual rate table here because we could not confirm the current table on LHDN’s pages at the time of writing, so check LHDN’s individual tax pages for the year you are filing.
For companies, LHDN’s company tax rate page (last updated 25 June 2026) lists, for year of assessment 2023 to 2024:
| Company category | Rate |
|---|---|
| Paid-up capital up to RM2.5 million and gross business income up to RM50 million | 15% on the first RM150,000; 17% on RM150,001 to RM600,000; 24% on the balance |
| Other companies | 24% |
LHDN’s public ruling PR 8/2025 on micro, small and medium companies also adds a 20% foreign ownership test from year of assessment 2024 and says companies and LLPs can qualify for the preferential rate if they meet the ruling’s criteria, so confirm the conditions in the ruling before assuming the lower bands. See Malaysia corporate tax rate for Sdn Bhd.
LHDN’s company tax page adds that a company return is furnished without attached documents, and its penalties page lists section 112(1) (not returning the return: RM200 to RM20,000 and/or up to 6 months’ imprisonment) and section 113(1) (incorrect information: RM1,000 to RM10,000 plus 200% of tax undercharged).
Taxes and duties beyond income tax
Income tax is only one layer. Three others depend on what the business does rather than how it is constituted.
Employer obligations
If you hire staff you take on payroll duties: monthly tax deduction (PCB), EPF, SOCSO and EIS contributions, and the annual Form E. Contribution rates and wage ceilings are set by the relevant agencies and change, so confirm them with KWSP and PERKESO rather than a blog. See employer payroll obligations and EPF, SOCSO and EIS explained.
Sales and service tax
SST is not tied to structure either. Sales tax applies to manufacturers whose sales pass the threshold set by the Royal Malaysian Customs Department (RM500,000 for manufacturers), and service tax applies to taxable services above the prescribed threshold, at 8% for most services and 6% for food and beverage, logistics, telecommunications and parking. Returns (SST-02) are bimonthly, due by the last day of the following month, and nil returns are still required. Check the MySST portal for current scope. See who must register for SST and SST registration threshold.
E-invoicing
LHDN phased e-invoicing by turnover: from 1 August 2024 for businesses above RM100 million, 1 January 2025 for RM25 million to RM100 million, 1 July 2025 for RM5 million to RM25 million, and 1 January 2026 for those up to RM5 million. Businesses below RM3,000,000 are exempt. Sole proprietors, partnerships and companies are all in scope by turnover, not by structure. See does my Sdn Bhd need e-invoicing and e-invoice exemption.
Company law filings
A Sdn Bhd also has non-tax obligations that interact with tax: annual returns to SSM and financial statements. Section 245 of the Companies Act 2016 requires accounting records to be kept and entries made within sixty days of completing the transaction, and retained for seven years. See annual return vs financial statements.
How to work out what applies to you
- Write down your structure and the SSM registration number.
- Register with LHDN if you have no tax reference. LHDN’s e-Daftar page covers individuals, employers, companies, partnerships and LLPs.
- List your income types: trading, rental, employment, dividends.
- Count employees, including directors who draw a salary.
- Test your turnover against SST and e-invoice thresholds.
- List each return and payment with its source page and due date.
- Add the dates to a calendar with reminders four weeks ahead.
Illustrative scenarios
These are illustrations, not client cases.
Café run as a sole proprietorship, no staff. The owner files Form B by 30 June, files no Form E because there are no employees, and checks whether service tax at 6% for food and beverage applies at the Customs threshold. E-invoicing depends on turnover; below RM3,000,000 it is exempt.
Three partners running a design studio with two employees. The precedent partner files Form P by 30 June and issues each partner a statement of their share. The partnership also files Form E by 31 March because it has employees, and remits PCB monthly.
Trading Sdn Bhd with ten staff and RM8 million turnover. The company files Form C within 7 months of year end, submits CP204 and pays monthly instalments, files Form E, and falls in the e-invoice phase that began on 1 July 2025 (RM5 million to RM25 million). It also files its SSM annual return.
Common mistakes
- Choosing a structure on tax alone. Liability, contracts and funding matter as much.
- Assuming an LLP is tax-transparent without checking. The rules for LLPs are in LHDN’s rulings; confirm them.
- Forgetting the employer return after the first hire.
- Ignoring turnover thresholds for SST and e-invoicing until a customer asks.
- Paying the owner’s personal costs from a company account without recording them as director’s loans or salary.
- Missing CP204 revisions. Revisions are allowed in months 6, 9 and 11 of the basis period.
- Using last year’s dates. The programme is republished annually.
What changes when you switch structure
Moving from sole proprietorship to a company changes the return (Form B to Form C), introduces the CP204, makes the business a separate taxpayer and adds SSM annual returns and statutory duties. The owner’s salary becomes an employment cost and brings payroll obligations. Partnerships moving to a Sdn Bhd or LLP have to deal with the old business’s final returns. Read sole proprietorship vs Sdn Bhd and choosing a business structure before you decide, and ask whether any capital allowance or stock transfer issues arise on the changeover.
How Axecta helps
Axecta maps the obligations for a business at its current stage, then keeps the calendar. For founders still choosing, we compare structures on the actual numbers (expected profit, staff, turnover) and handle the incorporation if a company fits. See our tax compliance and filing service.
Next steps
- Identify the row in the core table that matches you.
- Confirm your LHDN tax number and MyTax login.
- Add the Form E, SST and e-invoice tests to your list.
- Review whether your structure still fits next year’s plans.
Frequently asked questions
Do partnerships pay tax themselves?
Not on the profit in the way a company does. The partnership files Form P to report income and how it is divided, and each partner is taxed on their share in their own return. LHDN’s programme gives 30 June 2026 for Form P for year of assessment 2025.
Does an LLP get a lower tax rate?
LHDN’s public ruling PR 8/2025 says companies and LLPs can qualify for the preferential rate if they meet its criteria, including the paid-up capital, income and foreign ownership tests. The rate bands themselves are on LHDN’s company tax rate page, so check eligibility before assuming the lower bands apply.
Which business structure has the lightest tax filings?
Usually a sole proprietorship, which files one individual return, Form B, and no CP204. But structure should follow liability, funding and growth, not filing effort. A company has more filings but separates the owner from the business.
Do all businesses need e-invoicing?
It depends on turnover. LHDN phased implementation from 1 August 2024 to 1 January 2026 by annual turnover band and exempts businesses below RM3,000,000. Check your own figure against the timeline on LHDN’s e-invoice pages.
Does a sole proprietor have to file the employer return?
Only if there are employees. LHDN’s programme says sole proprietorships, partnerships, Hindu joint families and deceased persons’ estates without employees are exempted from submitting the CP8D. If you hire staff, Form E is due by 31 March for the previous year.
Do I have to pay tax during the year or only when I file?
Companies pay through the CP204 estimate and monthly instalments, with the estimate submitted 30 days before the basis period starts, or within three months of starting operations for a new company. Individuals may be given an instalment notice by LHDN. Check your own position with LHDN or an adviser.
When does SST registration apply?
It depends on the activity and value of taxable sales or services, not on the legal form. Customs sets the thresholds; manufacturers of taxable goods use a RM500,000 sales threshold. Service tax is 8% for most services and 6% for food and beverage, logistics, telecommunications and parking. Confirm on MySST.
Is a dormant company exempt from tax filings?
No. LHDN’s programme says dormant companies, LLPs, trust bodies and co-operative societies are compulsory filers of Form E and CP8D. Dormant means never having commenced operations or having ceased business. Dormant status does not remove SSM obligations either.
Where do I check the current due dates?
LHDN’s Return Form Filing Programme, republished each year. Axecta tracks it for clients. Ask about our tax service.
Want a tax obligations map for your business?
Axecta Management Services is a full-suite accounting, company secretarial and consulting firm in Kuala Lumpur, serving companies from SMEs to MNCs.
Book a free tax obligations review
Keep reading
- Malaysia Tax Filing Guide for Business Owners
- Sdn Bhd vs LLP vs Sole Proprietorship in Malaysia
- Sole Proprietor Tax in Malaysia: Filing Form B
- Partnership Tax in Malaysia: Form P Explained
- Sole Proprietorship vs Sdn Bhd
- SST Registration Threshold in Malaysia: The Limits, the 12-Month Test and What to Do
- Who Must Register for SST in Malaysia? Business Types, Examples and Exemptions
- Sales Tax vs Service Tax in Malaysia: Differences, Rates and Which One Applies
- Taxation Introduction: the full guide
Official sources to check
- LHDN Return Form Filing Programme 2026
- LHDN company tax rate page
- LHDN public ruling PR 8/2025
- LHDN individual FAQ
- LHDN penalties page
- Royal Malaysian Customs Department (MySST)
- Companies Act 2016
This article is general information and not legal, tax or accounting advice for your company. Rates, thresholds, deadlines and procedures change, so confirm current requirements with the sources above or with Axecta.