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 tax on foreign income?

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cherroy
post Mar 9 2018, 11:23 AM

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QUOTE(000022 @ Mar 9 2018, 11:13 AM)
Wouldn't that be double taxation? I'm not sure, but what I'm assuming is that he's paying taxes in both Singapore ( for his Singapore work) and in Malaysia ( for his work in Malaysia)
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There is double taxation agreement between MY and SG if not mistaken.
As long as the salary is taxed at Sg, it won't be taxed again in Malaysia.

The forumers do not clarify the situation, so we don't know what is his/her situation, as he/she just mentioned, there was 2 portion of salary that 1 was bank into Sg account without much details.

For foreign income tax exemption, it is not as straight forward sometimes, as every individual situation may not the same.

Please do not straight away judge that a money that bank into foreign countries in foreign countries, then it must be a foreign income that is exempted.
That's not true.

If it is so simple, then every CEO, top management here that draw significant amount of salary, all want their company bank their salary in foreign countries to get tax exemption.

000022
post Mar 9 2018, 11:35 AM

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QUOTE(cherroy @ Mar 9 2018, 11:23 AM)
There is double taxation agreement between MY and SG if not mistaken.
As long as the salary is taxed at Sg, it won't be taxed again in Malaysia.

The forumers do not clarify the situation, so we don't know what is his/her situation, as he/she just mentioned, there was 2 portion of salary that 1 was bank into Sg account without much details.

For foreign income tax exemption, it is not as straight forward sometimes, as every individual situation may not the same.

Please do not straight away judge that a money that bank into foreign countries in foreign countries, then it must be a foreign income that is exempted.
That's not true.

If it is so simple, then every CEO, top management here that draw significant amount of salary, all want their company bank their salary in foreign countries to get tax exemption.
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Well, I based that he was paying tax for his Singapore work, because he is paying CPF. If he doesnt, the Singapore authorities would probably be knocking on his door.
horc00
post Mar 9 2018, 11:40 AM

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QUOTE(cherroy @ Mar 9 2018, 10:01 AM)
The answer is yes.
As you derived the income in Malaysia, whether the salary is paid in Sg and in Sgd, doesn't change the status that the income is derived in Malaysia, hence the salary paid in Sgd is taxable.

For sure, there is no restriction is bring in or out money.
But if you are not declaring the income of Sg salary, then you will have hard time to explain the authorities.
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QUOTE(000022 @ Mar 9 2018, 11:13 AM)
Wouldn't that be double taxation? I'm not sure, but what I'm assuming is that he's paying taxes in both Singapore ( for his Singapore work) and in Malaysia ( for his work in Malaysia)
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That's right, I am paying tax in SG for my SG salary and tax in MY for my MY salary. I travel to SG once every few months. Is this considered double taxation?
klthor
post Mar 9 2018, 12:00 PM

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QUOTE(horc00 @ Mar 9 2018, 11:40 AM)
That's right, I am paying tax in SG for my SG salary and tax in MY for my MY salary. I travel to SG once every few months. Is this considered double taxation?
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well double taxation is to avoid same income but taxed twice. its far more complicated when we drill down, for example SG tax you 15% then malaysia tax 18%, then malaysia might want to tax the different 3% smile.gif. but since you are pay tax for all income, you should be quite safe, normally wont bother much unless you have to study DTA in and out. every DTA is different.
chrisling
post Mar 15 2018, 02:44 PM

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QUOTE(cherroy @ Apr 14 2017, 02:56 PM)
It doesn't matter the goods is sold at where, the one matter is the place you work.

It doesn't qualify as foreign income, unless you are working at US, then different story.
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Hi Cherroy,

Hope you're still around and active.

My situation is similar to some of the existing cases here.

1. I work for US company, get paid from Singapore TTed into my Malaysia account.
2. I based in Malaysia.
3. The company is not a registered company in Malaysia.

I know that I'm a taxable person in Malaysia. In this case, how can I get EA form from my employer? As in EA form, employer need to state down their company registered number. Any other format of the file similar to EA form accepted by the LHDN?

Hope can get an answer from you.

Thanks. smile.gif
donhay
post Mar 15 2018, 04:00 PM

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QUOTE(lfwah @ Mar 9 2018, 08:48 PM)
Hi,

I will be based in full time remotely in Malaysia & my Salary will be paid from a Singapore company to a Singapore bank account.

1. What is the best way to transfer the money back to Malaysia  ? Bring physical cash back to Msia whenever i go to Singapore for short visit  / transfer online  ?

2. Should i pay tax in Malaysia or Singapore ?
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Sometimes I transfer money back to Malaysia Maybank Account by Raffles Money Changer in Jurong Point.
https://www.jurongpoint.com.sg/store/288/ra...es-money-change


nokian
post Mar 15 2018, 04:04 PM

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QUOTE(cheahcw2003 @ Oct 23 2009, 09:33 PM)
Foreign income that paid by a foreign company in foreign country if bring back to Malaysia, is tax free.
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still need to declare in the income tax form?

tq
cherroy
post Mar 15 2018, 05:02 PM

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QUOTE(chrisling @ Mar 15 2018, 02:44 PM)
Hi Cherroy,
My situation is similar to some of the existing cases here.

1. I work for US company, get paid from Singapore TTed into my Malaysia account.
2. I based in Malaysia.
3. The company is not a registered company in Malaysia.

I know that I'm a taxable person in Malaysia. In this case, how can I get EA form from my employer? As in EA form, employer need to state down their company registered number. Any other format of the file similar to EA form accepted by the LHDN?

Hope can get an answer from you.

Thanks. smile.gif
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If the US company cannot provide an EA, you may use your employment contract, payment slip, statement etc. to proof your employment income.
The most important is that your have document that can proof your income.

I do not know your exact situation, but if your are providing a service to the US company offshore, another option is set up a company then bill the US company instead as receive the income as employed.
In this way, everything is more clear cut and tax issue may be more tidy.

After all, you are providing the same services or job to the US company.



chrisling
post Mar 15 2018, 05:33 PM

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QUOTE(cherroy @ Mar 15 2018, 05:02 PM)
If the US company cannot provide an EA, you may use your employment contract, payment slip, statement etc. to proof your employment income.
The most important is that your have document that can proof your income.

I do not know your exact situation, but if your are providing a service to the US company offshore, another option is set up a company then bill the US company instead as receive the income as employed.
In this way, everything is more clear cut and tax issue may be more tidy.

After all, you are providing the same services or job to the US company.
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Thank you for the advice. I am actually working under the company instead of providing service for the company. It's a software company, and my task is consult and train the user on how to use the software.

About tax exempt, I have another question. Based on this: http://lampiran1.hasil.gov.my/pdf/pdfam/Notes_PartF_2.pdf

It says it's tax exempt for allowance provided on mobile phone, broadband service and etc. I'd like to know more about this area, given by the example:

1. I received a sum of money, let's say RM600.00 for the mentioned allowance.
2. I only used RM300.00 provided with receipts.

From there, the tax relief portion is RM600.00 or RM300.00?

Thanks again smile.gif

This post has been edited by chrisling: Mar 15 2018, 05:36 PM
transhumanist
post Mar 15 2018, 09:30 PM

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I am based in Malaysia and am a tax resident here for all intents and purposes. I maintain a stock portfolio abroad that generates me modest dividend income (about RM 3k a month on average). Am I obliged to file it to LHDN eventhough dividend income is non taxable?
cherroy
post Mar 16 2018, 10:09 AM

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QUOTE(chrisling @ Mar 15 2018, 05:33 PM)
Thank you for the advice. I am actually working under the company instead of providing service for the company. It's a software company, and my task is consult and train the user on how to use the software.

About tax exempt, I have another question. Based on this: http://lampiran1.hasil.gov.my/pdf/pdfam/Notes_PartF_2.pdf

It says it's tax exempt for allowance provided on mobile phone, broadband service and etc. I'd like to know more about this area, given by the example:

1. I received a sum of money, let's say RM600.00 for the mentioned allowance.
2. I only used RM300.00 provided with receipts.

From there, the tax relief portion is RM600.00 or RM300.00?

Thanks again smile.gif
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You have no EA to proof those allowance are fall into exempted category, hence you are not eligible to claim those tax exempted allowances.
Your employer need sto state those allowance in the EA that specific for those category,.

You can't receive a lump sum allowances then go to buy phone or petrol claimed as tax exempted allowances.

So you tax relief portion should be 0.

General ordinary allowances without specific to the job needs and not in the list of tax exemption, are taxable.


klthor
post Mar 16 2018, 11:03 AM

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QUOTE(chrisling @ Mar 15 2018, 02:44 PM)
Hi Cherroy,

Hope you're still around and active.

My situation is similar to some of the existing cases here.

1. I work for US company, get paid from Singapore TTed into my Malaysia account.
2. I based in Malaysia.
3. The company is not a registered company in Malaysia.

I know that I'm a taxable person in Malaysia. In this case, how can I get EA form from my employer? As in EA form, employer need to state down their company registered number. Any other format of the file similar to EA form accepted by the LHDN?

Hope can get an answer from you.

Thanks. smile.gif
*
US has a very unique taxation, please check if you are paying any tax in US or not. if yes, then check if there is any double taxation agreement with malaysia.
chrisling
post Mar 16 2018, 11:30 AM

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QUOTE(cherroy @ Mar 16 2018, 10:09 AM)
You have no EA to proof those allowance are fall into exempted category, hence you are not eligible to claim those tax exempted allowances.
Your employer need sto state those allowance in the EA that specific for those category,.

You can't receive a lump sum allowances then go to buy phone or petrol claimed as tax exempted allowances.

So you tax relief portion should be 0.

General ordinary allowances without specific to the job needs and not in the list of tax exemption, are taxable.
*
Thanks Cherroy. My last question, can an employer that is not registered company in Malaysia fill in EA form?

Never imagine so much headache now... sad.gif
chrisling
post Mar 16 2018, 11:49 AM

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QUOTE(klthor @ Mar 16 2018, 11:03 AM)
US has a very unique taxation, please check if you are paying any tax in US or not. if yes, then check if there is any double taxation agreement with malaysia.
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Thanks for the heads up, I just check with my director and theoretically I work under SG company, cause my pay is come from a SG registered company.
klthor
post Mar 16 2018, 11:54 AM

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QUOTE(chrisling @ Mar 16 2018, 11:49 AM)
Thanks for the heads up, I just check with my director and theoretically I work under SG company, cause my pay is come from a SG registered company.
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then u might want to check if you are paying SG tax or not. If yes, check the DTA. general rule, if SG tax > MYR Tax you dont need to pay anything. if SG tax < MYR Tax, you might need to top up the different. have to study the DTA which i didnt smile.gif thats as far as i can tell you.
cheahcw2003
post Mar 16 2018, 09:52 PM

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QUOTE(nokian @ Mar 15 2018, 04:04 PM)
still need to declare in the income tax form?

tq
*
no need, but must keep records up to 7 years, in case LHDN want to check.
derekdan
post Nov 7 2019, 10:21 PM

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I'm in this situation

1. Work from home
2. Doing IT remote support
3. Clients based in overseas
4. Raise invoice every month and payment remitted to Malaysia Bank account

Work from home = Work in Malaysia = have to pay tax.

However

I travel occasionally to client site to attend meeting and project implementation,
Let's say 2 months in this calendar year I travel and work at client site which is overseas, does it mean the income for the 2 months periods are exempted from tax ?

This post has been edited by derekdan: Nov 7 2019, 10:21 PM
MUM
post Nov 7 2019, 11:11 PM

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QUOTE(derekdan @ Nov 7 2019, 10:21 PM)
I'm in this situation

1. Work from home
2. Doing IT remote support
3. Clients based in overseas
4. Raise invoice every month and payment remitted to Malaysia Bank account

Work from home = Work in Malaysia = have to pay tax.

However

I travel occasionally to client site to attend meeting and project implementation,
Let's say 2 months in this calendar year I travel and work at client site which is overseas, does it mean the income for the 2 months periods are exempted from tax ?
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while waiting for value added responses, it maybe of interest to know this....
RESIDENCE STATUS OF INDIVIDUALS
PUBLIC RULING NO. 6/2011
http://lampiran1.hasil.gov.my/pdf/pdfam/PR6_2011.pdf

my agar agar guesstimation is that....for that 2 months income, it cannot be exempted from tax, as you are having a Malaysian tax residence status.
dwRK
post Nov 8 2019, 10:23 AM

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QUOTE(MUM @ Nov 7 2019, 11:11 PM)
while waiting for value added responses, it maybe of interest to know this....
RESIDENCE STATUS OF INDIVIDUALS
PUBLIC RULING NO. 6/2011
http://lampiran1.hasil.gov.my/pdf/pdfam/PR6_2011.pdf

my agar agar guesstimation is that....for that 2 months income, it cannot be exempted from tax, as you are having a Malaysian tax residence status.
*
Correct.

Also if they do their tax properly, invoice should be nett of withholding tax if applicable, unless they pay it themselves.

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