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Tax26 Oct 2026

SSM Extends Compound Reduction to 31 December 2026: Why Your Tax Return Is Also at Stake

Illustration for SSM Extends Compound Reduction to 31 December 2026: Why Your Tax Return Is Also at Stake

01What SSM announced on 9 October 2026

The Companies Commission of Malaysia (SSM) has extended its compound reduction period to 31 December 2026. The announcement came in a press release dated 9 October 2026, and the reduction covers compounds issued under both the Companies Act 1965 and the Companies Act 2016.

SSM's stated aim is to give eligible companies room to settle outstanding compounds and bring their compliance in order under both Acts. The relief is not automatic. Eligibility is tied to action: only companies that have taken remedial steps, or met the conditions set by SSM, may enjoy the reduced compound rate.

The press release does not publish the reduction rate for this round. Earlier SSM campaigns offered up to 90% off the original compound value, but you should confirm the rate that applies to your company directly with SSM before you plan your cash.

There is a second point that many directors miss. The same root cause that triggers SSM compounds, financial statements that were never prepared or audited, also blocks your company from filing a valid income tax return with the Inland Revenue Board (IRB). One gap, two regulators, two sets of penalties.

02Who qualifies for the reduced compound

SSM names four groups of companies that qualify:

  • Companies that have filed their outstanding documents with SSM.
  • Companies in the process of winding up.
  • Companies that have applied for strike off, or have been struck off by the Registrar.
  • Companies that have already been dissolved.

Note what the list does not include. A company that simply pays the compound but leaves its annual returns and financial statements outstanding is not regularising anything. You must first fix the underlying default, or take formal steps to close the company, before the reduced rate is available.

With barely two months left, and the year end holidays in between, the window is short. It is shortest for two groups: active companies with overdue filings, and dormant companies that were never formally closed.

03SSM penalties are heavier than most directors assume

Under the Companies Act 2016, a late annual return alone exposes the company and every officer in default to a fine of up to RM50,000, plus up to RM1,000 for every day the default continues. Your financial statements carry their own chain of offences on top of that.

  • Annual return (Section 68). You must lodge it within 30 days of each incorporation anniversary. Default exposes the company and every officer in default to a fine of up to RM50,000, plus up to RM1,000 per day while the default continues.
  • Accounting records (Section 245). Failure to keep proper records carries imprisonment of up to 5 years, a fine of up to RM3 million, or both.
  • Preparing financial statements (Section 248). Private companies must prepare them within 6 months of the financial year end. Each year not prepared is a separate offence.
  • Circulating financial statements (Section 258). Each year not circulated to members is a separate offence.
  • Lodging financial statements (Section 259). Each year not lodged with SSM is a separate offence.

The real damage comes from how compounds stack. Each section is a separate offence. Each financial year is a separate default. Each director can be treated as an officer in default. A company that has ignored three years of filings can therefore face a stack of compounds, not a single bill.

SSM enforces this at scale. By its own figures, it issued 36,510 compounds and took 6,517 legal actions, with failure to lodge annual returns under Section 68(1) the most common offence at 5,712 cases. When a compound is not paid, SSM can move to court.

Dissolution does not wipe the slate clean either. The fact that dissolved companies appear on SSM's eligibility list tells you that their compounds remain outstanding after the company is gone.

04No audited financial statements, no valid tax return

Your company must furnish its income tax return (Form C) within 7 months from the close of its accounting period, under Section 77A(1) of the Income Tax Act 1967. Since Year of Assessment 2014, Section 77A(4) has made it mandatory for that return to be based on audited accounts.

This is where SSM and IRB compliance meet. If your financial statements were never audited, you have nothing the IRB will accept as the basis of your Form C. Filing on management accounts or draft figures to beat the deadline does not solve the problem.

The IRB's own published case summary shows how it treats this. In SAP Malaysia Sdn Bhd, the company filed returns on draft financial statements and later revised them on the final audited figures. The IRB treated the original returns as invalid and imposed late filing penalties under Section 112(3). The taxpayer won on those years only because they predate Section 77A(4). For any year from YA 2014 onwards, that defence is gone.

The practical sequence is fixed: accounting records, then financial statements, then audit, then Form C. A delay at the first step pushes every later step past its deadline.

One exception applies. A private company that qualifies for audit exemption under SSM's criteria files on its unaudited financial statements. Eligibility depends on thresholds SSM revises from time to time, so confirm it for each financial year rather than assume it.

05IRB penalties for late or missing returns

The IRB can penalise a late Form C at up to three times the tax chargeable under Section 112(3). In practice, it applies a sliding scale based on how late the return is.

The rate climbs with every year of delay. A return filed up to 12 months late attracts 20% of the tax chargeable. This rises to 25% for over 12 months up to 24 months, 30% for over 24 months up to 36 months, and 35% beyond 36 months.

Three further points make this more severe than it looks:

  • The penalty is on the tax chargeable, not the balance you owe. In Yung Lung Holdings Sdn Bhd, the High Court upheld a 20% penalty on the full tax assessed, even though the company had already paid most of it through CP204 instalments.
  • The IRB can prosecute instead. Under Section 112(1), failure to furnish a return without reasonable excuse carries a fine of RM200 to RM20,000, imprisonment of up to 6 months, or both.
  • The IRB does not have to wait for you. Where no return is furnished, Section 90(3) allows the IRB to raise an assessment on its own estimate of your chargeable income. Tax unpaid by the due date then attracts a further 10% increase under Section 103(3).

Put the two regulators side by side. A company that skipped its audit for three years can carry SSM compounds for every year and every officer in default, and IRB penalties of up to 35% on every year's tax. The cost of the audit you avoided is small next to that.

06What you should do before 31 December 2026

  1. Check your compound position with SSM. Confirm every outstanding compound for the company and for each director, under both the 1965 and 2016 Acts.
  2. Decide whether the company stays or goes. If it has no further purpose, a strike off application or a winding up brings it within SSM's eligibility list. Closing the company does not close its tax file, so outstanding Form C obligations still need to be dealt with.
  3. If the company stays, rebuild the filing chain in order. Bring the accounting records up to date, prepare the financial statements, complete the audit, then circulate and lodge with SSM.
  4. File the overdue Form C on the audited figures. Each year filed stops the IRB penalty from climbing to the next band.
  5. Settle the reduced compounds before the deadline. Leave room for the year end holidays, when your directors, your auditor and SSM counters will all be slower.

If several years are outstanding, an audit will not be completed overnight. Start now, so that the remedial steps SSM looks for are in place well before 31 December 2026.

— KTP’s View

We see the compound reduction as a closing window, not a discount. It rewards companies that fix the root cause, and the root cause is almost always the same: financial statements that were never prepared or audited.

That same gap sits on the IRB side of the ledger. Without audited accounts, you cannot file a valid Form C, and every month of delay moves your company into a higher penalty band. Paying a reduced SSM compound while the tax returns stay unfiled solves only half the problem.

If your company is dormant, close it properly. If it is active, rebuild the filing chain now. Either way, the time to act is before the year end holidays, not after.

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