14/05/2026
If you own or manage a commercial property and your tenants pay for utilities through you in any form, you need to read this carefully. The updated service tax guide released by the Royal Malaysian Customs Department on 14 May 2026 has introduced new and specific guidance on how electricity and water charges should be treated for service tax purposes. This topic was completely absent from the earlier version of the guide. Getting this wrong could mean you have been undercharging or overcharging service tax, and both carry consequences.
The clearest way to understand the rules is through three different billing arrangements that the guide now addresses directly. First, if your tenants registered the utility accounts in their own names and pay the utility companies directly, there is no service tax involved. The landlord is not in the picture at all. Second, if the utility account is in the landlord's name but the tenancy agreement instructs the tenant to pay the utility company directly based on the original bill, and the landlord does not issue any separate invoice or recharge for utilities, then again there is no service tax on those utility payments. Third, and this is where many landlords get it wrong, if the landlord pays the utility bills first and then bills the tenants back for their share, whether based on meter readings, actual usage, or a fixed allocation, those charges are subject to service tax. This applies even if the landlord is not marking up the amount at all. If there is any additional management fee charged on top of the utility recharge, that entire amount including the fee is also subject to service tax.
The reason this matters so much is that many commercial tenancy agreements in Malaysia are structured with the utility account in the landlord's name and a monthly recharge to tenants. This is extremely common in office buildings, retail complexes, and business parks. If you are operating this way and you are a registered service tax person under Group K, you should already be including those utility recharges in your taxable value and charging 6% service tax on the total. If you have not been doing this, you have a gap in your compliance that needs to be addressed now.
What you should do immediately is review how utilities are billed across all your tenancy agreements. If you are a landlord, check whether the utility account is in your name and whether you are the one issuing the bill to tenants. If yes, that recharge is part of your rental service and service tax applies to it. Update your invoices to reflect this correctly. If you are a tenant and your landlord is registered under Group K but has not been charging you service tax on utility recharges, be aware that the liability sits with the landlord and any shortfall may eventually be recovered. Either way, clarity on your billing structure now is far better than an audit finding later.
If you wish to focus on running and growing your business, our CFO advisory team can take care of your accounting, e-stamping, payroll, and tax planning matters for you. Feel free to WhatsApp us at 010-246 2151.
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