Part 1 — Foundations & Legal Framework
1 Definition & Significance
"SST for Construction Industry in Malaysia" refers specifically to the imposition of 6% service tax on construction work services—including civil, M&E, demolition, renovation, and more—if provided by a registered person in the course of business, effective 1 July 2025.
Important: This extension marks a significant shift: previous exemptions for many service providers now no longer apply if the 12-month threshold of RM1.5 million is exceeded.
2 Legal Basis & Authority
The taxation framework stems from:
- Service Tax Act 2018
- Service Tax Regulations 2018
- Service Tax (Tax Rate) (Amendment) Order 2025
The definitive guidance is provided in the "Guide on Construction Work Services" issued by RMCD as of 9 June 2025.
3 What Is Taxable?
Taxable Services Include:
- • Construction & renovation
- • Alteration & demolition
- • Inspection & testing
- • Commissioning services
- • Infrastructure projects
- • Mixed-use developments
Not Taxable:
- • Strictly residential buildings
- • Public facilities for residential use
Important: Mixed-use projects are fully taxable—even the residential portion!
4 Threshold & Registration Obligations
12-month threshold for registration
Key Points:
- • Even exempt services count toward threshold
- • Government projects included in calculation
- • B2B-exempted services also count
Grace Period:
Penalties for initial non-compliance are waived until 31 December 2025
5 Rate, Tax Point & Valuation
Tax Rate
6%
Tax Point
Payment received (default)
Valuation
Services + Materials
Valuation includes: All services plus the value of goods or materials permanently incorporated or installed under the contract. Contract terms determine if developer-supplied materials are separately treated.
6 Transitional Rules
No Tax Required:
- • Contracts completed before 1 July 2025
- • Work done pre-July but invoiced after
Tax Required:
- • Work after 1 July (even if paid before)
- • Apportionment needed for spanning contracts
Retention Sums:
- • Taxable upon payment after contract completion
- • If unpaid after 12 months, tax is automatically due the following day
Part 2 — Exemptions, Compliance & Practical Application
7 B2B Exemption
A B2B exemption applies when both provider and recipient are registered under Group L, and the service is for business—not personal—use.
Requirements:
- • Both parties registered under Group L
- • Service for business use only
- • Proper invoice documentation
- • Include customer registration number
Example:
Subcontractors supplying main contractors (both Group L–registered) can issue exempt invoices—must declare exempted value in SST-02 returns.
8 Government & Non-Reviewable Contract Exemptions
Government Exemptions:
- Federal Government
- State Governments
- Local Authorities
Important Note:
Services to government are exempt from payment, but their value must still be included in threshold calculations.
Non-Reviewable Contracts:
Contracts signed before the effective date qualify for a 1-year exemption, providing industry adjustment time.
9 Imported Taxable Services (ImTS) & EPCC Projects
Imported Services (ImTS):
Construction services imported from overseas, if subsequently supplied locally, may qualify for B2B exemption under Service Tax Policy No. 2/2020 conditions.
EPCC Projects:
Engineering, Procurement, Construction, Commissioning contracts are explicitly included under taxable construction work services—subject to 6% SST.
10 Designated & Special Areas (DA/SA)
Designated Areas:
- Labuan
- Langkawi
- Tioman
- Pangkor
Special Areas:
- Free Zones
- Licensed Warehouses
Key Rule: Services in DA/SA are subject to SST if the contractor's principal place of business is in Malaysia.
11 Real-world Scenarios & Cases
Scenario A: B2B Exemption
A main contractor (registered) hires a registered subcontractor for M&E works—subcontractor issues exempt invoice (B2B), main contractor charges SST to developer.
Scenario B: Mixed-use Development
Mixed-use development—entire project (even residential portion) is taxable under SST due to mixed nature—must be fully included in valuation.
Scenario C: Owner-supplied Materials
Owner-supplied materials—if contract treats those separately, only the service fee may be taxed; otherwise, materials included in valuation.
Scenario D: Retention Sums
Retention sums spanning pre- and post-July: portion after 1 July is taxable; unpaid sums treated as taxable after 12 months.
12 Invoicing, Returns & Documentation
Invoice Requirements:
- • Provider's name & registration number
- • Service description
- • Taxable value & tax amount
- • Customer registration number (B2B)
- • Exempted tax amount (B2B)
Return Filing:
- • File SST-02 returns every two months
- • Declare taxable and exempt values
- • Pay tax by deadline
Record Keeping:
Maintain robust records—contracts, invoices, payment evidence, SST-02 forms—for at least seven years for audit readiness.
13 Common Pitfalls & Audit Triggers
Common Mistakes:
- • Misclassifying residential vs mixed-use
- • Omitting exempt supplies from threshold
- • Incorrect retention sum treatment
- • Poor date apportionment
- • Incomplete invoice documentation
Audit Prevention:
These errors attract attention during Customs audits—adherence and documentation are vital.
- • Maintain detailed records
- • Regular compliance reviews
- • Professional consultation
Frequently Asked Questions
Is construction work subject to SST in Malaysia?
Yes—most construction-related services are now taxable at 6%, except services solely for residential buildings and public facilities linked to those buildings.
What is the SST rate for construction services?
The applicable rate is 6% on taxable construction work services.
Who must register for SST in construction?
Any provider whose taxable construction services exceed RM1.5 million within a 12-month period must register—even if some services are exempt (government, B2B)—those still count toward the threshold.
Are subcontractor services taxable?
Subcontractor services may be B2B-exempt, provided both parties are registered under Group L; invoices must include exemption details and values must be declared in returns.
Is renovation SST-liability dependent on property type?
Yes—renovations of commercial or mixed-use premises are taxable; renovations of pure residential buildings are not.
How are retention sums taxed under SST?
Retention sums are taxable when paid; if left unpaid 12 months after liability expiry, the tax is automatically due on the next day.
Are damages or LAD taxable?
No—LAD (Liquidated and Ascertained Damages) or out-of-court settlement compensations are considered damages and are not subject to SST.
What about projects in Labuan or Langkawi—are they taxed?
Yes—projects in Designated or Special Areas are taxable if the contractor's principal place of business is in Malaysia.
Is there grace for pre-July contracts?
Yes—services under contracts completed before 1 July 2025 are exempt. Non-reviewable contracts signed before the effective date may enjoy a further 1-year exemption subject to conditions.
External References
RMCD Industry Guides
Official source for construction work services guide and updates
Service Tax Policies
Track B2B, non-reviewable contract and transitional policy changes
CIDB Construction 4.0
Industry context affecting procurement and contract structures
Conclusion
The rollout of SST for Construction Industry in Malaysia represents a pivotal shift in taxation for the sector—expanding the tax base to include a wide range of construction-related services. With a 6% tax rate, RM1.5 million threshold, and carefully defined exemptions, it's crucial for all contractors—main, sub, civil, M&E, EPCC—to stay informed and compliant.
Strategic Invoicing
Accurate Valuation
Complete Documentation
These are your frontline tools for navigating audits and safeguarding cash flow. Use this guide—and the official RMCD publications—as your roadmap in implementing SST effectively and confidently.
Disclaimer: The information provided on this website is intended for general informational purposes only and does not constitute professional, legal, tax, or financial advice. While every effort has been made to ensure the accuracy and reliability of the content at the time of publication, regulations, policies, and requirements may change without prior notice. We make no representations or warranties, express or implied, about the completeness, accuracy, or suitability of the information for any particular purpose. We shall not be held responsible for any loss, damage, or inconvenience arising from the use or reliance on this information. Please refer to official Lembaga Hasil Dalam Negeri Malaysia (LHDN) and official RMCD sources for the most current regulatory updates and seek professional advice when necessary.