ZenWeb - Blog - Section 107D Tax Malaysia: Paying Affiliates and Agents

Section 107D Tax Malaysia: Paying Affiliates and Agents

October 31, 2026

Share this post:

Section 107D Tax Malaysia: Paying Affiliates and Agents
TL;DR: Section 107D of the Income Tax Act 1967 makes a company withhold 2% from cash commissions it pays to a resident individual agent, dealer or distributor who received more than RM100,000 from that company in the previous year. As at October 2026, you file Form CP107D through e-107D on MyTax and remit by the last day of the following month. Affiliates and referral partners paid per sale can fall inside it.

Affiliate programmes, referral partners and commission-only sales agents are popular with Malaysian SMEs for a simple reason: you only pay when a sale happens. The catch is that once a partner earns well, the tax rules change. A top affiliate who crossed RM100,000 last year can turn your monthly payout into a withholding job, with a form, a deadline and a penalty.

This guide covers the rule strictly as it applies to marketing: who is caught, a worked example, a filing checklist and costly mistakes. It comes from ZenWeb, a Malaysian Google Partner agency with 500+ clients. We build the tracking and partner pages behind commission programmes; we are not tax advisers. Still deciding whether to run one? Start with our guide to affiliate marketing in Malaysia.

This post is general information, not legal or tax advice. Please confirm your own position with a licensed tax agent or lawyer before you act.

Paying partners per sale? Make sure you can prove every payout.

We set up affiliate tracking, UTM links and partner landing pages so each commission ties back to a real, recorded sale. See our digital marketing services →

If you prefer to watch first, this short walkthrough explains the CP58 statement that sits alongside the 2% deduction when you pay commission to agents.

CP58: The LHDN Statement You Issue When You Pay Commission

Source video: SQL Accounting and eInvoice Forum on YouTube, published April 2023. Filing screens have changed since, so follow the current LHDN guidance linked below.

1. What Is Section 107D of the Income Tax Act?

Quick Answer: Section 107D is a withholding rule that started on 1 January 2022. A company paying cash commissions to a resident individual agent, dealer or distributor must deduct 2% and send it to LHDN. This applies once that person received more than RM100,000 from the company in the previous year. The agent then offsets the 2% against their own tax.

LHDN’s FAQ on the 2% deduction, updated 9 March 2026, says it was introduced to improve tax compliance among agents, dealers and distributors. For you, the money is not an extra cost. It is part of your partner’s commission, paid to LHDN on their behalf.

Section 107D at a glance (as at October 2026)
Key rules: payer, payee, rate, threshold, payments, form, deadline and penalty.
RuleWhat LHDN requires
Who must deductA company (body corporate, including a foreign body corporate and a business trust)
Who is coveredResident individual agents, dealers or distributors, including sole proprietors and individual partners
Rate2% of each cash payment
ThresholdMore than RM100,000 (cash plus non-cash) from the same company in the previous year
Payments caughtCash commissions and incentives arising from sales, transactions or schemes
FormCP107D, submitted online through e-107D on MyTax
DeadlineAccumulate monthly; remit by the last day of the following month
Late penalty10% increase on the unremitted amount

Source: ZenWeb compilation from LHDN’s FAQ (updated 9 March 2026) and HASiL’s 31 December 2024 media release. Licence.

Two words matter most. “Company” means a sole proprietor paying affiliates does not have to deduct. “Individual” means commission paid to an affiliate’s Sdn Bhd is outside the rule.

Key takeaway: The rule only bites when a company pays a resident individual more than RM100,000 a year in sales-linked rewards. Check both sides of the payment first.

2. Who Counts as an Agent, Dealer or Distributor?

Quick Answer: LHDN treats an agent, dealer or distributor as a resident individual authorised by your company to act for it, who earns payments from sales, transactions or schemes they carry out. Sole proprietors and individual partners count. Partnerships, LLPs, Sdn Bhd companies and associations do not. The label on your contract matters less than what the person actually does.

For a marketing team, the people who most often fit this description are:

  • Affiliates paid per sale. Bloggers, content creators or deal sites earning a percentage of each order they bring in.
  • Referral partners. Consultants or past customers paid a fee when their referral signs up.
  • Commission-only sales agents. Freelance closers who sell your product or service and earn on results.

LHDN looks at the substance of a payment, not its label, so a “credit note” that is really a cash commission still counts. A June 2025 HASiL ruling on agents who have passed away also took their payments out of the 2% rule. From 1 August 2025, those go through the estate. For scheme design, see our guide to referral marketing.

Key takeaway: Ask every commission partner for their legal status at onboarding. An individual, a sole proprietor and a Sdn Bhd get three different tax treatments from the same payout.

3. Does Section 107D Apply to Affiliates, Referral Partners and Influencers?

Quick Answer: It applies to resident individuals you pay commission for sales they generate, once they cross the threshold. Flat influencer fees for content are less clear-cut, because they may not arise from sales. Payouts by Shopee or TikTok Shop to their own affiliates are the platform’s matter. Overseas partners fall under other withholding rules.

Treat this as a starting view to test with your tax agent, not a ruling.

Common marketing payments and their likely Section 107D treatment
Marketing payments grouped as likely in scope, grey area, or outside the 2% rule, with reasons.
Payment2% applies?Why
Likely in scope (if over RM100,000 last year)
Per-sale commission to a resident individual affiliateYesCash paid for sales they carried out
Referral fee to an individual partner per closed dealYesArises from transactions they introduced
Cash bonus for hitting a sales targetYesIncentive linked to sales
Grey area: confirm with a tax agent
Flat fee to a creator for a post, plus a discount codeUnclearThe flat fee is for content; any per-sale part may be caught
Free products or vouchers given as rewardsCounts to thresholdNon-cash value counts towards RM100,000, but the 2% is on cash payments
Outside Section 107D
Commission paid to an affiliate’s Sdn Bhd, LLP or partnershipNoNot an individual
Payouts from Shopee or TikTok Shop to their affiliatesNo (for you)The platform company is the payer
Fees to a non-resident influencer or freelancerNoNon-residents fall under other withholding rules

Source: ZenWeb analysis applying LHDN’s FAQ definitions (updated 9 March 2026). Grey-area rows are a reasoned view, not an LHDN ruling. Licence.

The overseas row trips up many teams. Paying a foreign creator is a different tax question; see our guides to withholding tax on overseas influencers, overseas freelancers on Fiverr and Upwork and the CP37 form for overseas payments. Paying a foreign agency can also trigger imported services tax, and ad platforms have their own rules covered in withholding tax on Google and Facebook ads. For marketplace programmes, see how Shopee’s affiliate programme for sellers and TikTok affiliate commissions work.

Key takeaway: This is a domestic rule for individuals. Sort every partner into resident individual, company or overseas before you pay, and the right form follows.

4. How Does the RM100,000 Threshold Work? A Worked Example

Quick Answer: The threshold is checked every year, per paying company. Add up everything each partner received from your company last year, cash and non-cash. If it is more than RM100,000, deduct 2% from every cash payment to them this year. Amounts they earned from other brands do not count towards your threshold.

Picture a skincare brand, Brand X Sdn Bhd, with four affiliates. Names and amounts are illustrative.

Worked example: 2026 payouts versus the RM100,000 threshold
Illustrative 2026 payouts to four affiliates against a RM150,000 scale, and whether the 2% applies in 2027.
Partner (2026 total)Bar (scale RM150,000)2% in 2027?
Aina, individual
RM96,000
No: under RM100,000
Siti, individual
RM101,000
Yes: just over
Ben, sole proprietor
RM120,000
Yes
Chong, via his Sdn Bhd
RM150,000
No: paid to a company

Source: Illustrative scenario by ZenWeb using the threshold rules in LHDN’s FAQ (updated 9 March 2026). Licence.

Now follow Ben through one month in 2027:

StepAmount
January 2027 commission earnedRM9,000
2% withheldRM180
Paid to BenRM8,820
Remit to LHDN by28 February 2027
Increase if remitted late (10%)RM18 more, on top of the RM180

Ben claims the RM180 as tax paid on his Form B. Watch Aina: if she passes RM100,000 from Brand X in 2027, her 2028 payouts are caught. For typical payouts, see our breakdown of affiliate commission rates in Malaysia.

Key takeaway: Run a payout report per partner every January. It decides who needs the 2% deduction for the year ahead.

5. How Do You Deduct, File and Pay Section 107D Tax?

Quick Answer: Deduct 2% when you pay the commission and total the deductions each month. Then submit Form CP107D through e-107D on MyTax and pay with the bill number by the last day of the next month. Online submission has been mandatory since 1 January 2025. Report the amounts on each agent’s CP58.

Use this checklist each month for every partner who crossed the threshold:

  1. Confirm the partner is in scope. Resident individual, over RM100,000 from your company last year, payment linked to sales.
  2. Collect their tax number. LHDN’s FAQ says agents must have a TIN; those without one can register through e-Daftar on MyTax.
  3. Deduct 2% at payout. Pay the partner the net amount and record the gross, the 2% and the net.
  4. Issue a self-billed e-invoice. LHDN’s e-Invoice Specific Guideline makes the paying business issue self-billed e-invoices for payments to agents, dealers and distributors, and does not allow a consolidated e-invoice for them.
  5. Submit CP107D on e-107D. Log in to MyTax with the director or director’s representative role, add each recipient and generate the bill number.
  6. Pay by the deadline. Pay online through ByrHASiL or FPX using the bill number, by the last day of the following month.
  7. Report on CP58. Show each agent’s total payments and the 2% deducted on their annual CP58 statement.

The e-invoice step is explained in our guides to self-billed e-invoices for ad payments and e-invoicing for small businesses.

Key takeaway: Treat this as a monthly routine. Tie the 2% deduction, the self-billed e-invoice and the CP107D submission to the same payout run.

6. What Has Changed Since Section 107D Started in 2022?

Quick Answer: The 2% rate and RM100,000 threshold have not changed since 2022. The process has. Remittance became a monthly cycle in July 2022 and e-107D became mandatory on 1 January 2025. Payments to deceased agents were taken out from 1 August 2025, and agent payouts now need self-billed e-invoices.

Section 107D timeline: key dates for paying companies
Timeline of changes to the 2% agent deduction from 2022 to 2026.
DateChange
1 Jan 20222% deduction starts
1 Jan to 31 Mar 2022Automatic remittance deferment for all companies
3 Mar to 30 Jun 2022Remit within 30 days of each payment
From 1 Jul 2022Accumulate monthly; remit by the last day of the next month
1 Jan 2025e-107D online submission and electronic payment mandatory
1 Aug 20252% no longer accepted for payments to deceased agents
9 Mar 2026Latest update to LHDN’s FAQ

Source: ZenWeb compilation from LHDN’s FAQ and HASiL media releases of 31 December 2024 and 30 June 2025. Licence.

HASiL’s 31 December 2024 media release ended manual CP107D submission, so whoever handles payouts needs MyTax access. Budget 2027 is tabled on 9 October 2026, after this was written, so check LHDN’s latest notices. Taxes on marketing tools have moved more, such as the 8% digital service tax on Canva and ChatGPT.

Key takeaway: The rule is stable but the paperwork is fully online. Make sure someone with MyTax director access owns the monthly submission.

Running a referral or affiliate programme this year?

We build partner landing pages and lead forms that record who referred each customer, so your payout reports stand up at tax time. Learn how we set up UTM tracking for partners →

7. What Happens If You Get Section 107D Wrong?

Quick Answer: If you fail to remit on time, LHDN adds a 10% increase on the unpaid amount. Its FAQ says the company then cannot claim the 2% as an allowable expense under paragraph 39(1)(s). The partner also misses the tax credit they expected, which strains a relationship you rely on for sales.

The common mistakes are operational, not legal:

  • No yearly threshold check. Payouts run from an affiliate dashboard that nobody totals per partner per year.
  • Ignoring non-cash rewards. Free stock and vouchers push a partner over RM100,000 without anyone noticing.
  • Wrong payee records. The contract is with a person, but payments go to their company account, or the other way round.
  • Treating overseas creators the same way. Non-residents need a different withholding process altogether.
  • Missing the deduction side. Commission is usually a deductible marketing expense, as explained in our guide to whether advertising is tax deductible, but late remittance puts part of that at risk.

Related reads: whether SEO is tax deductible and withholding tax on marketing SaaS.

Key takeaway: Late remittance costs a 10% increase and the deduction on that 2%. A month-end calendar reminder is the cheapest fix available.

8. How Should You Set Up an Affiliate Programme for Section 107D?

Quick Answer: Build the tax data in from day one. Capture each partner’s legal status, residency and tax number at sign-up, track every sale to a partner ID and keep a yearly total per partner. The RM100,000 check, the 2% deduction and the CP58 then come straight from your records.

This is the part ZenWeb can help with, on the marketing and website side:

  • Partner sign-up form. Ask for legal name, entity type (individual, sole proprietor, company), residency and TIN, with a clear PDPA notice on why you collect them.
  • Clean attribution. Unique links and UTM tags per partner so each commission ties to a real order, and PDPA-friendly tracking as covered in our guide to consent mode and PDPA in GA4.
  • Yearly payout export. A report per partner, cash and non-cash, ready for your accountant every January.
  • Partner landing pages. Pages that convert the traffic partners send, so the commission you pay buys real sales.

For creator deals, our guide to influencer marketing in Malaysia compares flat-fee and commission structures. The tax position stays with your licensed tax agent. Our digital marketing services cover the campaigns that feed the programme.

Key takeaway: Good tracking does double duty: it proves which partners drive sales and gives your tax agent a clean per-partner total.

9. Conclusion: Make Section 107D Part of Your Payout Routine

Section 107D is narrow but real. If your company paid a resident individual more than RM100,000 in sales-linked commission last year, deduct 2%, file CP107D and remit by the end of the next month. One yearly threshold check and a monthly reminder cover most teams. It sits alongside other tax points on marketing spend, including when SST is due on agency invoices, SST on software development and donation deductions for cause marketing.


10. Frequently Asked Questions

1. What is Section 107D in Malaysia?

It is a rule in the Income Tax Act 1967 that makes a company withhold 2% from sales-linked cash payments to resident individual agents, dealers or distributors. It applies when the person received more than RM100,000 from that company in the previous year, and started on 1 January 2022.

2. Do I need to deduct 2% from affiliate commissions?

Only if your business is a company, the affiliate is a resident individual paid for sales they generate, and they received more than RM100,000 from your company last year. Payments to an affiliate’s own Sdn Bhd or to non-residents are outside the rule.

3. When must the 2% be paid to LHDN?

Since 1 July 2022, total the deductions for each month and remit them by the last day of the following month. Submit Form CP107D through e-107D on MyTax and pay with the bill number via ByrHASiL.

4. Does Section 107D apply if my business is a sole proprietorship?

No. The duty to deduct applies to companies, which LHDN defines as bodies corporate, including foreign bodies corporate and business trusts. Sole proprietors may still have other reporting duties, so check with a tax agent.

5. Do non-cash rewards like free products count?

They count towards the RM100,000 threshold, which includes cash and non-cash payments. The 2% deduction itself applies to cash payments such as commissions and incentives.

Grow your partner programme without the payout headaches.

Talk to ZenWeb about affiliate tracking, partner landing pages and campaigns that bring in sales worth paying commission on. We handle the marketing; your tax agent handles the tax.

Book my free consultation →

Table of Contents

Table of Contents

Get A Free Proposal

Complete the form and our team will contact you to discuss your goals. Let’s grow your business.