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TSGoneraz
post Oct 23 2009, 09:20 PM, updated 10y ago

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Hi i have a quick question. Say if i have a source of foreign income do i have to pay tax in Malaysia? DO you guys declare your income from foreign stocks?
cheahcw2003
post Oct 23 2009, 09:33 PM

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QUOTE(Goneraz @ Oct 23 2009, 09:20 PM)
Hi i have a quick question. Say if i have a source of foreign income do i have to pay tax in Malaysia? DO you guys declare your income from foreign stocks?
*
Foreign income that paid by a foreign company in foreign country if bring back to Malaysia, is tax free.
TSGoneraz
post Oct 23 2009, 09:40 PM

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oh ok... how bout profit i make from trading stocks? I am using a US brokerage, I dont get tax in US but do i have to pay the tax in Malaysia?
accitzone
post Oct 23 2009, 09:43 PM

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nope. o oredi pay tax in d origin country. no double taxing iz practiced in d world for income, any kind.
klang-valley
post Oct 23 2009, 09:59 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.
*
I've been told by income tax personnel that it doesn't matter where the money is from, as long as you are resident in Malaysia at the time the income is accrued, it is taxable. Unless you are physically overseas and working in overseas with a foreign company giving the employment.

But most people I know also never declare this income.
cheahcw2003
post Oct 23 2009, 10:03 PM

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QUOTE(klang-valley @ Oct 23 2009, 09:59 PM)
I've been told by income tax personnel that it doesn't matter where the money is from, as long as you are resident in Malaysia at the time the income is accrued, it is taxable. Unless you are physically overseas and working in overseas with a foreign company giving the employment.
But most people I know also never declare this income.
*
Not true, the rule already changed since 2004. To encourage ppl to bring in the foreign income back to Malaysia, u can check with your tax agent, or call up LHDN hotline to claify this.

You dont have to pay any tax on foreign income generated in overseas paid by a foreign company even u r a tax residents that stay more than 182 days in Malaysia.

Pls also check the following link:-

http://biz.thestar.com.my/news/story.asp?f...88&sec=business

http://www.publicmutual.com.my/documents/M...emptfromtax.pdf

This post has been edited by cheahcw2003: Oct 23 2009, 11:15 PM
TSGoneraz
post Oct 23 2009, 11:08 PM

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But for stocks i was not taxed, i brought this up with my brokerage and they told me that unless i am a US citizen they are not allowed to tax me. If you are a US citizen they will deduct the tax from your acct directly. Iif you transfer more than RM10k into you bank acct you will have to declare it. So technically they have proof that i have additional income.

This post has been edited by Goneraz: Oct 23 2009, 11:10 PM
saiga
post Oct 24 2009, 02:15 AM

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QUOTE(cheahcw2003 @ Oct 23 2009, 10:03 PM)
Not true, the rule already changed since 2004. To encourage ppl to bring in the foreign income back to Malaysia, u can check with your tax agent, or call up LHDN hotline to claify this.

You dont have to pay any tax on foreign income generated in overseas paid by a foreign company even u r a tax residents that stay more than 182 days in Malaysia.

Pls also check the following link:-

http://biz.thestar.com.my/news/story.asp?f...88&sec=business

http://www.publicmutual.com.my/documents/M...emptfromtax.pdf
*
@goneraz
(sorry I tumpang your thread notworthy.gif )

Me currently employ under Japanese MNC (in Singapore) but work in Johor Bahru. So means no need to pay income tax right? I asked LHDN on 2005 and their said no need to pay. However last week I asked again but now never said need to pay, only asked me to register with LHDN.

They wanna curik my money is it? vmad.gif

I tried searching LHDN website but cannot find the info hmm.gif

edit:

yahoo, find the link in IRB website. really no need to pay tax rclxm9.gif . Good news for you too goneraz thumbup.gif

Link

This post has been edited by saiga: Oct 24 2009, 02:29 AM
cheahcw2003
post Oct 24 2009, 08:10 AM

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QUOTE(saiga @ Oct 24 2009, 02:15 AM)
@goneraz
(sorry I tumpang your thread  notworthy.gif )
Me currently employ under Japanese MNC (in Singapore) but work in Johor Bahru. So means no need to pay income tax right? I asked LHDN on 2005 and their said no need to pay. However last week I asked again but now never said need to pay, only asked me to register with LHDN.
They wanna curik my money is it?  vmad.gif
I tried searching LHDN website but cannot find the info  hmm.gif edit:
yahoo, find the link in IRB website. really no need to pay tax  rclxm9.gif .  Good news for you too goneraz  thumbup.gif
Link
*
I tried to search on LHDN website but also cannot get, luckily u found the following info in LHDN website:-

Income Remitted from Outside Malaysia
With effect from the year of assessment 2004, income derived from outside Malaysia and received in Malaysia by resident individual is exempted from tax.


I had the same info when called up LHDN hotline and also from my tax agent.
Bravo. Saiga.....
TSGoneraz
post Oct 24 2009, 08:37 AM

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Thats awesome.. Thanks guys....I have been paying BUTA punya tax for years.. dunno if i cna get a refund sad.gif
saiga
post Oct 24 2009, 03:05 PM

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QUOTE(cheahcw2003 @ Oct 24 2009, 08:10 AM)
I tried to search on LHDN website but also cannot get, luckily u found the following info in LHDN website:-

Income Remitted from Outside Malaysia
With effect from the year of assessment 2004, income derived from outside Malaysia and received in Malaysia by resident individual is exempted from tax.


I had the same info when called up LHDN hotline and also from my tax agent.
Bravo. Saiga.....
*
But it all thanks to you bro notworthy.gif . If not I nearly lost few K's coz already took the registration form sweat.gif


Added on October 24, 2009, 3:07 pm
QUOTE(Goneraz @ Oct 24 2009, 08:37 AM)
Thats awesome.. Thanks guys....I have been paying BUTA punya tax for years.. dunno if i cna get a refund sad.gif
*
Dun give them a chance, ask them to refund all ! vmad.gif

p/s : then can blanja me n cheah tongue.gif

This post has been edited by saiga: Oct 24 2009, 03:07 PM
socratesman
post Oct 25 2009, 12:58 AM

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So if I earn several thousand ringgit a month from Google Adsense + USA affiliate marketing activities, I don't have to declare to LHDN? hmm.gif

This post has been edited by socratesman: Oct 25 2009, 12:59 AM
melthq
post Oct 25 2009, 02:24 AM

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income that is deemed derived from malaysia is taxable, since your foreign income is not from malaysia then it is not taxable.
gtchye
post Oct 26 2009, 10:23 AM

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QUOTE(socratesman @ Oct 25 2009, 12:58 AM)
So if I earn several thousand ringgit a month from Google Adsense + USA affiliate marketing activities, I don't have to declare to LHDN?  hmm.gif
*
There was some discussion on income from Googles. My opinion is that it is not taxable. However, there are some who think that it is taxable.

You can read up My Webpage. Please read also the comments.
princess_autumn87
post Oct 26 2009, 10:41 AM

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working for mnc and the pay released within local meaning u for sure entitle into the tax bracket.

for those who work outside than malaysia and pay remits back to malaysia will not be entitled into tax bracket.

however, if you remit the investment back from overseas to malaysia and it is not taxable but it shall be taxed at the respective country of your investment smile.gif
MilesAndMore
post Oct 26 2009, 10:45 AM

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QUOTE(princess_autumn87 @ Oct 26 2009, 10:41 AM)
however, if you remit the investment back from overseas to malaysia and it is not taxable but it shall be taxed at the respective country of your investment smile.gif
Erm ... not quite true. But i do not have more concrete information on that now.

Anyway, we'll take Goneraz case for example. The profit he earned from stocks in the US is not taxable by the US government because he is neither a US citizen nor a registered US taxpayer. When he TT that money back to Malaysia, he doesn't need to pay a cent to LHDN either as that is considered a foreign income.

Another example is when someone (Malaysian) has some stock trading activities outside Malaysia and all the profit is deposit directly into his/her Singapore bank account, the Singapore IRB cannot tax him/her because he/she is not working in Singapore. When he/she TT that money back to Malaysia LHDN can't tax him/her either.


QUOTE(Goneraz @ Oct 23 2009, 11:08 PM)
But for stocks i was not taxed, i brought this up with my brokerage and they told me that unless i am a US citizen they are not allowed to tax me. If you are a US citizen they will deduct the tax from your acct directly. Iif you transfer more than RM10k into you bank acct you will have to declare it. So technically they have proof that i have additional income.
Goneraz, not only US citizen needs to pay tax to the IRB but also US PR or whoever holding a US working pass etc.

This post has been edited by MilesAndMore: Oct 26 2009, 10:54 AM
yohannes
post Jan 23 2013, 02:28 PM

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Hi guys,

I know this is kind of outdated but I have a question regarding the issue discussed above. Hopefully someone can provide some advise as the links above are dead.

The scenario as below :

1. I am currently engaged by a local Sdn. Bhd. and paying my taxes
2. Assuming that I am hired by a Pte. Ltd. company based in Singapore,
but I will be working in Malaysia expanding the local market for them.

I believe that if I am paid in Singapore, I will have to pay non-resident tax which amounts to 15% .

Another option I'm looking at is to request that monthly salary be TTed directly to my bank account in Malaysia. In this situation, would I need to pay tax since although the money is from a foreign source, I would actually be "working" in Malaysia.
gark
post Jan 23 2013, 03:02 PM

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QUOTE(yohannes @ Jan 23 2013, 02:28 PM)
Hi guys,

I know this is kind of outdated but I have a question regarding the issue discussed above. Hopefully someone can provide some advise as the links above are dead.

The scenario as below :

1. I am currently engaged by a local Sdn. Bhd. and paying my taxes
2. Assuming that I am hired by a Pte. Ltd. company based in Singapore,
but I will be working in Malaysia expanding the local market for them.

I believe that if I am paid in Singapore, I will have to pay non-resident tax which amounts to 15% .

Another option I'm looking at is to request that monthly salary be TTed directly to my bank account in Malaysia. In this situation, would I need to pay tax since although the money is from a foreign source, I would actually be "working" in Malaysia.
*
You still need to pay SG non-resident tax... no running away from this one. laugh.gif Paid by SG company, employment contract by SG company, pay SG tax. It will auto deduct and a portion goes to CPF, you cannot run away unless the company is willing to break the law.

You can TT the money anywhere your heart desires, it is where the money originate from matters.

This post has been edited by gark: Jan 23 2013, 03:07 PM
cinderlala
post Apr 7 2013, 01:23 PM

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Hi guys.

I got a silly question hope u guys don't mind - what if i want sell things online but not to Malaysian market (ie, from foreign market) still taxable? Coz i'm thinking of registering a business....most probably the sole proprietor type.

TQ

This post has been edited by cinderlala: Apr 7 2013, 01:24 PM
cherroy
post Apr 7 2013, 03:22 PM

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QUOTE(cinderlala @ Apr 7 2013, 01:23 PM)
Hi guys.

I got a silly question hope u guys don't mind - what if i want sell things online but not to Malaysian market (ie, from foreign market) still taxable? Coz i'm thinking of registering a business....most probably the sole proprietor type.

TQ
*
It is not about where you sell your product to, it is about where you perform the sales or operate from.

michealtan19
post Apr 12 2013, 04:42 PM

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QUOTE(Goneraz @ Oct 23 2009, 09:20 PM)
Hi i have a quick question. Say if i have a source of foreign income do i have to pay tax in Malaysia? DO you guys declare your income from foreign stocks?
*
Yes! Need to declear
gark
post Apr 12 2013, 07:10 PM

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QUOTE(michealtan19 @ Apr 12 2013, 04:42 PM)
Yes! Need to declear
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Quit spamming the forum with one line replies...
Ferrarissima
post Jul 6 2013, 11:45 PM

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Sorry to bring it up guys but I have question.

I have a business in a tax-free country and I want to TT some of my income (any limit?) to Malaysia - would I be taxed?

1. I am a foreigner under long term social pass visa.
2. I operate (send e-mails) from Malaysia but my company is based overseas.


vlow2yat
post Oct 17 2013, 04:21 PM

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QUOTE(Ferrarissima @ Jul 6 2013, 11:45 PM)
Sorry to bring it up guys but I have question.

I have a business in a tax-free country and I want to TT some of my income (any limit?) to Malaysia - would I be taxed?

1. I am a foreigner under long term social pass visa.
2. I operate (send e-mails) from Malaysia but my company is based overseas.
*
I have a business in a tax-free country and I want to TT some of my income (any limit?) to Malaysia - would I be taxed?
It's depends

1. I am a foreigner under long term social pass visa.
You have to pay tax in Malaysia if you have income. If you are more than 182 days in Malaysia in a year. You are tax resident in Malaysia. Pay according to tax resident rate. If less, you are consider non-resident in Malaysia. Pay at 26% non-resident rate.

2. I operate (send e-mails) from Malaysia but my company is based overseas.
Doesn't matter where your company is incorporated or based. As long as you perform the action to generate the profit in Malaysia (send business email, make business phone call, give instruction to oversea staff, develop webpage, take order online, create google adword to make profit etc) or you mange and control your foreign company (director etc) in Malaysia, you have to pay tax in Malaysia.

I have a business in a tax-free country and I want to TT some of my income (any limit?) to Malaysia - would I be taxed?
If you did not perform any action to generate the profit or manage and control your oversea company in Malaysia, then no need.

The key is, where you are and what you do. Company location or tax free or not is not that important. Unless you are physically there. Most countries in the world like Singapore, UK etc follow this rule.

This post has been edited by vlow2yat: Oct 17 2013, 05:42 PM
vlow2yat
post Oct 17 2013, 04:39 PM

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QUOTE(cheahcw2003 @ Oct 23 2009, 10:03 PM)
Not true, the rule already changed since 2004. To encourage ppl to bring in the foreign income back to Malaysia, u can check with your tax agent, or call up LHDN hotline to claify this.

You dont have to pay any tax on foreign income generated in overseas paid by a foreign company even u r a tax residents that stay more than 182 days in Malaysia.

Pls also check the following link:-

http://biz.thestar.com.my/news/story.asp?f...88&sec=business

http://www.publicmutual.com.my/documents/M...emptfromtax.pdf
*
Half correct only. You don't need to pay tax only if the foreign income is 100% generated without any of your involvement while you are in Malaysia. Eg: You are a shareholder of the oversea company. Not involve in any operation of the company while you are in Malaysia. Or you involve and perform the action to generate the profit while you are in oversea.

If you involve in making the foreign profit in Malaysia, you have to pay tax. Eg: Director, owner making decision in Malaysia

This post has been edited by vlow2yat: Oct 17 2013, 04:42 PM
vlow2yat
post Oct 17 2013, 04:47 PM

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QUOTE(socratesman @ Oct 25 2009, 12:58 AM)
So if I earn several thousand ringgit a month from Google Adsense + USA affiliate marketing activities, I don't have to declare to LHDN?  hmm.gif
*
You have to pay tax if you create your google adsense, join the affiliate marketing, setup your promotion campaign etc while you are physically IN MALAYSIA. You perform the business action here.
vlow2yat
post Oct 17 2013, 04:50 PM

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QUOTE(melthq @ Oct 25 2009, 02:24 AM)
income that is deemed derived from malaysia is taxable, since your foreign income is not from malaysia then it is not taxable.
*
Half true only. Unless you did not involve in the profit generating process while in Malaysia. Or you did involve while you are in oversea.
vlow2yat
post Oct 17 2013, 04:54 PM

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QUOTE(yohannes @ Jan 23 2013, 02:28 PM)
Another option I'm looking at is to request that monthly salary be TTed directly to my bank account in Malaysia. In this situation, would I need to pay tax since although the money is from a foreign source, I would actually be "working" in Malaysia.
*
Yes, you have to.

Double taxation agreement is, if A tax you, then no need to pay tax again to B. If A didn't tax you, then you need to pay to B.
vlow2yat
post Oct 17 2013, 04:55 PM

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QUOTE(cinderlala @ Apr 7 2013, 01:23 PM)
Hi guys.

I got a silly question hope u guys don't mind - what if i want sell things online but not to Malaysian market (ie, from foreign market) still taxable? Coz i'm thinking of registering a business....most probably the sole proprietor type.

TQ
*
Where are you operating from? If in Malaysia, yes you have to pay tax.
vlow2yat
post Oct 17 2013, 04:56 PM

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QUOTE(cherroy @ Apr 7 2013, 03:22 PM)
It is not about where you sell your product to, it is about where you perform the sales or operate from.
*
Yes this is the main point.
yohannes
post Oct 17 2013, 05:13 PM

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Hey guys,

Till today I am still confused about this.

I am living and working from home in Malaysia. My company is in Singapore. My salary is TTed to me on a monthly basis from Singapore but to my Malaysian bank account.

In this case, is my income taxable?
vlow2yat
post Oct 17 2013, 05:38 PM

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QUOTE(yohannes @ Oct 17 2013, 05:13 PM)
Hey guys,

Till today I am still confused about this.

I am living and working from home in Malaysia. My company is in Singapore. My salary is TTed to me on a monthly basis from Singapore but to my Malaysian bank account.

In this case, is my income taxable?
*
You will be taxed on income earned for the period you rendered services in Malaysia even if your employer is not a resident in Malaysia, or your income is not paid in Malaysia. This also applies if your employer sends you to Malaysia for training, operating of machinery, conducting and attending meetings. Taxable income includes salary, bonus, allowances, honorarium, per diem, accommodation, leave passages, and value of any benefits-in-kind (e.g. food, transport) provided to you by your employer.
klthor
post Oct 17 2013, 05:54 PM

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QUOTE(yohannes @ Oct 17 2013, 05:13 PM)
Hey guys,

Till today I am still confused about this.

I am living and working from home in Malaysia. My company is in Singapore. My salary is TTed to me on a monthly basis from Singapore but to my Malaysian bank account.

In this case, is my income taxable?
*
actually its very simple, they tax you base on how and where you earn your money. If you earn your money working in malaysia, doesnt matter who pays you, you are taxable. unless you work in sinagpore, bring the cash back into malaysia, then LHDN would not tax you. Eg you work in SG, but your employer bank into your tiger bank in malaysia, then they will not tax you since its not derived from malaysia. the word derived from malaysia is the key of this whole thing. for your case, its derived and received in malaysia. only income received in malaysia but derived outside malaysia is exempted from income tax.
vlow2yat
post Oct 17 2013, 06:08 PM

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QUOTE(klthor @ Oct 17 2013, 05:54 PM)
actually its very simple, they tax you base on how and where you earn your money. If you earn your money working in malaysia, doesnt matter who pays you, you are taxable. unless you work in sinagpore, bring the cash back into malaysia, then LHDN would not tax you. Eg you work in SG, but your employer bank into your tiger bank in malaysia, then they will not tax you since its not derived from malaysia. the word derived from malaysia is the key of this whole thing. for your case, its derived and received in malaysia. only income received in malaysia but derived outside malaysia is exempted from income tax.
*
Well say rclxms.gif
yohannes
post Oct 17 2013, 08:53 PM

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QUOTE(vlow2yat @ Oct 17 2013, 05:38 PM)
You will be taxed on income earned for the period you rendered services in Malaysia even if your employer is not a resident in Malaysia, or your income is not paid in Malaysia. This also applies if your employer sends you to Malaysia for training, operating of machinery, conducting and attending meetings. Taxable income includes salary, bonus, allowances, honorarium, per diem, accommodation, leave passages, and value of any benefits-in-kind (e.g. food, transport) provided to you by your employer.
*
In fact, I am a Malaysian and have always been living/working in Malaysia. =)

QUOTE(klthor @ Oct 17 2013, 05:54 PM)
actually its very simple, they tax you base on how and where you earn your money. If you earn your money working in malaysia, doesnt matter who pays you, you are taxable. unless you work in sinagpore, bring the cash back into malaysia, then LHDN would not tax you. Eg you work in SG, but your employer bank into your tiger bank in malaysia, then they will not tax you since its not derived from malaysia. the word derived from malaysia is the key of this whole thing. for your case, its derived and received in malaysia. only income received in malaysia but derived outside malaysia is exempted from income tax.
*
Thanks for the explanation bro. Appreciate it very much.

So in this case, if I choose to have my income banked into a Singaporean bank account, and when I need only I bring cash back.
Will that make my income tax free?
cheahcw2003
post Oct 17 2013, 09:49 PM

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QUOTE(vlow2yat @ Oct 17 2013, 04:39 PM)
Half correct only. You don't need to pay tax only if the foreign income is 100% generated without any of your involvement while you are in Malaysia. Eg: You are a shareholder of the oversea company. Not involve in any operation of the company while you are in Malaysia. Or you involve and perform the action to generate the profit while you are in oversea.

If you involve in making the foreign profit in Malaysia, you have to pay tax. Eg: Director, owner making decision in Malaysia
*
Correct....wah...u dig what I have written 4 years ago?
cherroy
post Oct 17 2013, 09:54 PM

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QUOTE(yohannes @ Oct 17 2013, 05:13 PM)
Hey guys,

Till today I am still confused about this.

I am living and working from home in Malaysia. My company is in Singapore. My salary is TTed to me on a monthly basis from Singapore but to my Malaysian bank account.

In this case, is my income taxable?
*
Yes, taxable, it is based on where you perform the job aka where you derived income from.

QUOTE(yohannes @ Oct 17 2013, 08:53 PM)
In fact, I am a Malaysian and have always been living/working in Malaysia. =)
Thanks for the explanation bro. Appreciate it very much.

So in this case, if I choose to have my income banked into a Singaporean bank account, and when I need only I bring cash back.
Will that make my income tax free?
*
It is still taxable.
As mentioned earlier, it is about where the income derived from, if you are working in Malaysia or perform the job in Malaysia, that result in an income, then it is considered derived in Malaysia.

Whether it is paid in where or in whatever currency, it doesn't matter.
yohannes
post Oct 18 2013, 11:48 AM

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QUOTE(cherroy @ Oct 17 2013, 09:54 PM)
Yes, taxable, it is based on where you perform the job aka where you derived income from.
It is still taxable.
As mentioned earlier, it is about where the income derived from, if you are working in Malaysia or perform the job in Malaysia, that result in an income, then it is considered derived in Malaysia.

Whether it is paid in where or in whatever currency, it doesn't matter.
*
Thanks for the confirmation bro.
cinderlala
post Oct 24 2013, 05:36 PM

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I guessed the best way is to not have any legal establishment in Malaysia..then not taxable. Everything go under the radar is best. After all M'sia is a country NOT worth paying tax to! Disagree all you want, bring in the drama, kick a fuss...i don't care. A country that is the CHAMPION in corruption has NO freaking rights to BS so much about its people evading tax...while many of them, the ruling thugs, are ACTUALLY evading the GALLOWS. Yes, crimes worthy of death penalty!!

This post has been edited by cinderlala: Oct 24 2013, 05:37 PM
Spectreoutreach
post Feb 11 2015, 10:06 AM

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What happen I have a regular job & second freelance job but it online (US) & getting pay in USD same rule apply ?

This post has been edited by Spectreoutreach: Feb 11 2015, 10:09 AM
JaggedEdge
post Feb 25 2016, 05:00 PM

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QUOTE(klthor @ Oct 17 2013, 05:54 PM)
actually its very simple, they tax you base on how and where you earn your money. If you earn your money working in malaysia, doesnt matter who pays you, you are taxable. unless you work in sinagpore, bring the cash back into malaysia, then LHDN would not tax you. Eg you work in SG, but your employer bank into your tiger bank in malaysia, then they will not tax you since its not derived from malaysia. the word derived from malaysia is the key of this whole thing. for your case, its derived and received in malaysia. only income received in malaysia but derived outside malaysia is exempted from income tax.
*
Thanks! I needed this info! But I got additional questions.
The situation is this: I work in software development from home. The company who hired me does not have a branch here and they pay me directly from their company based in London through Paypal. We communicate through the internet.

So based on your reasoning, I would still need to pay income tax because even though the physical location of the company I work with is in London, during my working hours I am still here in Malaysia. The keyword being "derived from Malaysia" means "when you were working you were physically here in Malaysia", correct?

My question is this, if my company was already deducting my pay for taxes in London, wouldn't that mean I am being double taxed? Or is there a clause somewhere that says if I'm being taxed in London I won't have to be taxed here?


This post has been edited by JaggedEdge: Feb 25 2016, 05:02 PM
cherroy
post Feb 25 2016, 05:23 PM

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QUOTE(JaggedEdge @ Feb 25 2016, 05:00 PM)
Thanks! I needed this info! But I got additional questions.
The situation is this: I work in software development from home. The company who hired me does not have a branch here and they pay me directly from their company based in London through Paypal. We communicate through the internet.

So based on your reasoning, I would still need to pay income tax because even though the physical location of the company I work with is in London, during my working hours I am still here in Malaysia. The keyword being "derived from Malaysia" means "when you were working you were physically here in Malaysia", correct?

My question is this, if my company was already deducting my pay for taxes in London, wouldn't that mean I am being double taxed? Or is there a clause somewhere that says if I'm being taxed in London I won't have to be taxed here?
*
Yes, correct, subjected to Malaysia tax.

I do not think your company deducted taxes behalf on you in London, as you have no file with the UK tax authority, how can they deduct tax there on your behalf?
JaggedEdge
post Feb 25 2016, 05:56 PM

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QUOTE(cherroy @ Feb 25 2016, 05:23 PM)
Yes, correct, subjected to Malaysia tax.

I do not think your company deducted taxes behalf on you in London, as you have no file with the UK tax authority, how can they deduct tax there on your behalf?
*
I just asked because someone told me that if my income was taxed at its source (the company), I won't have to pay income tax for it again here.

My current arrangement with them is they pay me the full amount. Taxes wasn't included in that discussion. I was thinking if this was the case I would ask them to tax me there instead since I might be in a lower tax bracket.


Edit: Also, theoretically, if say I was somehow working and living and paying taxes overseas and then came back Malaysia and continued working with that company here, what happens then?

This post has been edited by JaggedEdge: Feb 25 2016, 05:57 PM
klthor
post Feb 25 2016, 07:23 PM

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QUOTE(JaggedEdge @ Feb 25 2016, 05:00 PM)
Thanks! I needed this info! But I got additional questions.
The situation is this: I work in software development from home. The company who hired me does not have a branch here and they pay me directly from their company based in London through Paypal. We communicate through the internet.

So based on your reasoning, I would still need to pay income tax because even though the physical location of the company I work with is in London, during my working hours I am still here in Malaysia. The keyword being "derived from Malaysia" means "when you were working you were physically here in Malaysia", correct?

My question is this, if my company was already deducting my pay for taxes in London, wouldn't that mean I am being double taxed? Or is there a clause somewhere that says if I'm being taxed in London I won't have to be taxed here?
*
https://www.gov.uk/government/publications/...eaties-in-force

should be this one. if your tax paid in uk is higher than malaysia you dont have to pay, but if its lower then u have to topup. if my memory serve me right uk tax rate should be way more higher. just make sure you keep all the tax paid supporting

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post Feb 25 2016, 07:27 PM

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QUOTE(Goneraz @ Oct 23 2009, 09:20 PM)
Hi i have a quick question. Say if i have a source of foreign income do i have to pay tax in Malaysia? DO you guys declare your income from foreign stocks?
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No
klthor
post Feb 25 2016, 07:30 PM

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QUOTE(cherroy @ Feb 25 2016, 05:23 PM)
Yes, correct, subjected to Malaysia tax.

I do not think your company deducted taxes behalf on you in London, as you have no file with the UK tax authority, how can they deduct tax there on your behalf?
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witholding tax i suppose... but i doubt about that since he did not work there at all.
cherroy
post Feb 25 2016, 11:19 PM

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QUOTE(JaggedEdge @ Feb 25 2016, 05:56 PM)
I just asked because someone told me that if my income was taxed at its source (the company), I won't have to pay income tax for it again here.

My current arrangement with them is they pay me the full amount. Taxes wasn't included in that discussion. I was thinking if this was the case I would ask them to tax me there instead since I might be in a lower tax bracket.
Edit: Also, theoretically, if say I was somehow working and living and paying taxes overseas and then came back Malaysia and continued working with that company here, what happens then?
*
Developed countries generally have higher tax one. Malaysia's tax is relatively lower as compared.
Why you want to tax at foreign countries tax rate is beyond my understanding.

Once you move back and become tax resident of Malaysia, then subjected to Malaysia taxation ruling already.
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post Feb 26 2016, 01:56 AM

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QUOTE(cherroy @ Feb 25 2016, 11:19 PM)
Developed countries generally have higher tax one. Malaysia's tax is relatively lower as compared.
Why you want to tax at foreign countries tax rate is beyond my understanding.

Once you move back and become tax resident of Malaysia, then subjected to Malaysia taxation ruling already.
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You're right. I just checked and the tax rate there is 20% for 0 to 30k a year. There goes that idea tongue.gif
Sunny zombie
post Feb 27 2016, 10:55 AM

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investement in HK stock market, foreign income free from tax?

work as broker @ malaysia, commission received from activity, need declare tax? only bank statement every month, no details
cherroy
post Feb 27 2016, 11:11 AM

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QUOTE(Sunny zombie @ Feb 27 2016, 10:55 AM)
investement in HK stock market, foreign income free from tax?

work as broker @ malaysia, commission received from activity, need declare tax? only bank statement every month, no details
*
Those investment gain abroad is tax exempted when repatriated back to Malaysia, as it is deemed foreign capital gain income, which is already subjected to respectively countries regulation on capital gain or witholding tax (if).

Broker's commission is subjected to income tax, which needs to be declared.
Bank's statement ( of the commission being banked in) can be the supporting document for those income.

filage
post Mar 1 2016, 03:12 PM

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If a freelancer work in Malaysia through an international freelancer site, does the income taxable?
nevland
post Mar 1 2016, 03:19 PM

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QUOTE(socratesman @ Oct 25 2009, 12:58 AM)
So if I earn several thousand ringgit a month from Google Adsense + USA affiliate marketing activities, I don't have to declare to LHDN?  hmm.gif
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it's taxable.. please read http://www.hasil.gov.my/pdf/pdfam/GUIDELIN...IC_COMMERCE.pdf
cherroy
post Mar 1 2016, 04:50 PM

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QUOTE(filage @ Mar 1 2016, 03:12 PM)
If a freelancer work in Malaysia through an international freelancer site, does the income taxable?
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Yes, it is based on the statement in bold above.
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post Mar 1 2016, 04:53 PM

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QUOTE(filage @ Mar 1 2016, 03:12 PM)
If a freelancer work in Malaysia through an international freelancer site, does the income taxable?
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make it simple, as long as you work in malaysia = taxable. doesnt care who pays u and where they are based, you are 'exporting' your service from malaysia.
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QUOTE(klthor @ Mar 1 2016, 04:53 PM)
make it simple, as long as you work in malaysia = taxable.  doesnt care who pays u and where they are based, you are 'exporting' your service from malaysia.
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thumbup.gif thumbup.gif thumbup.gif okie
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QUOTE(klthor @ Mar 1 2016, 04:53 PM)
make it simple, as long as you work in malaysia = taxable.  doesnt care who pays u and where they are based, you are 'exporting' your service from malaysia.
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thumbup.gif thumbup.gif thumbup.gif okie
shingyong84
post Mar 31 2016, 07:45 PM

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Sorry to bring this topic up again, but I have question.

I was now based in Malaysia and work from home (for my own sole-proprietorship company in Singapore) as all my business my delivered online via email.
I set-up a virtual office by only renting a legal office address for client to make send me payment.

Payment from client was directly into my Singapore bank account.
I went Inland Revenue to ask, but the officer said I do not have to pay for Singapore tax, as long as the work wasnt being "produce" in Singapore.
It doesnt matter why i was paid in Sing.

But then I heard foreign-earned income is exempted in Malaysia.
So how ah...? I dont have to pay tax? can someone guide me? hmm.gif ohmy.gif

Got such big toad anyhow hopping on the street anot..? devil.gif

This post has been edited by shingyong84: Mar 31 2016, 07:46 PM
gark
post Mar 31 2016, 07:48 PM

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QUOTE(shingyong84 @ Mar 31 2016, 07:45 PM)
Sorry to bring this topic up again, but I have question.

I was now based in Malaysia and work from home (for my own sole-proprietorship company in Singapore) as all my business my delivered online via email.
I set-up a virtual office by only renting a legal office address for client to make send me payment.

Payment from client was directly into my Singapore bank account.
I went Inland Revenue to ask, but the officer said I do not have to pay for Singapore tax, as long as the work wasnt being "produce" in Singapore.
It doesnt matter why i was paid in Sing.

But then I heard foreign-earned income is exempted in Malaysia.
So how ah...? I dont have to pay tax? can someone guide me? hmm.gif  ohmy.gif

Got such big toad anyhow hopping on the street anot..?  devil.gif
*
You based in MY, you do work from MY.. doesnt matter if your money go to SG.

You are liable for MY tax NOT SG tax.

MY foreign income exempted only if you are NOT working in MY or foreign investment income.

This post has been edited by gark: Mar 31 2016, 07:49 PM
shingyong84
post Mar 31 2016, 07:49 PM

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QUOTE(shingyong84 @ Mar 31 2016, 07:45 PM)
Sorry to bring this topic up again, but I have question.

I was now based in Malaysia and work from home (for my own sole-proprietorship company in Singapore) as all my business my delivered online via email.
I set-up a virtual office by only renting a legal office address for client to make send me payment.

Payment from client was directly into my Singapore bank account.
I went Inland Revenue to ask, but the officer said I do not have to pay for Singapore tax, as long as the work wasnt being "produce" in Singapore.
It doesnt matter why i was paid in Sing.

But then I heard foreign-earned income is exempted in Malaysia (i was paid in Singapore)
So how ah...? I dont have to pay tax? can someone guide me? hmm.gif  ohmy.gif

Got such big toad anyhow hopping on the street anot..?  devil.gif
*
shingyong84
post Mar 31 2016, 08:01 PM

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QUOTE(gark @ Mar 31 2016, 07:48 PM)
You based in MY, you do work from MY.. doesnt matter if your money go to SG.

You are liable for MY tax NOT SG tax.

MY foreign income exempted only if you are NOT working in MY or foreign investment income.
*
Thanks for the quick respond smile.gif

Sorry to ask a silly quest.. how to define "NOT WORKING" in MY eh..?

Yes, I was based in MY more than 185days a year.
NOT WORKING.. hmm.. yeah, most of the time not in working condition.
Not tagging with any agencies. No working record in Malaysia..

My role is basically a middle-man/ art buyer.
To buy Malaysian Art behalf of my company in SG and sell to overseas clients..

So it was actually some other artists WORK, send me soft copy, and i export via email.

This post has been edited by shingyong84: Mar 31 2016, 08:43 PM
TSGoneraz
post Mar 31 2016, 10:05 PM

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QUOTE(shingyong84 @ Mar 31 2016, 08:01 PM)
Thanks for the quick respond smile.gif

Sorry to ask a silly quest.. how to define "NOT WORKING" in MY eh..?

Yes, I was based in MY more than 185days a year.
NOT WORKING.. hmm.. yeah, most of the time not in working condition.
Not tagging with any agencies. No working record in Malaysia..

My role is basically a middle-man/ art buyer.
To buy Malaysian Art behalf of my company in SG and sell to overseas clients..

So it was actually some other artists WORK, send me soft copy, and i export via email.
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Aiyah... There is no way for them to check. Unless u start transferring huge sum of money back to Malaysia. No need declare LA. Start investing your money in Singapore don't bring back Malaysia. No tax.
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post Apr 1 2016, 12:21 PM

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QUOTE(shingyong84 @ Mar 31 2016, 08:01 PM)
Thanks for the quick respond smile.gif

Sorry to ask a silly quest.. how to define "NOT WORKING" in MY eh..?

Yes, I was based in MY more than 185days a year.
NOT WORKING.. hmm.. yeah, most of the time not in working condition.
Not tagging with any agencies. No working record in Malaysia..

My role is basically a middle-man/ art buyer.
To buy Malaysian Art behalf of my company in SG and sell to overseas clients..

So it was actually some other artists WORK, send me soft copy, and i export via email.
*
Not working in Malaysia if you stay less than 182 days in Malaysia.


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post Apr 1 2016, 12:45 PM

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QUOTE(shingyong84 @ Mar 31 2016, 08:01 PM)
Thanks for the quick respond smile.gif

Sorry to ask a silly quest.. how to define "NOT WORKING" in MY eh..?

Yes, I was based in MY more than 185days a year.
NOT WORKING.. hmm.. yeah, most of the time not in working condition.
Not tagging with any agencies. No working record in Malaysia..

My role is basically a middle-man/ art buyer.
To buy Malaysian Art behalf of my company in SG and sell to overseas clients..

So it was actually some other artists WORK, send me soft copy, and i export via email.
*
From MY Tax point of view: U should be deriving income from MY based on your role/function as a middle-man/art buyer in MY. Since you are being remunerated for that role to your clients the income earned during your stint in MY shud be taxed here.

The time period of > 182 days only determines whether u shud be taxed as a Tax Resident or not.

Since u have been in MY for more than 6 months, I assume u have been travelling back and forth a few times and did not stay in MY consecutively for the entire 6 months.

If you didn't use any Professional Visit Pass or Employment pass to come in to MY for that 6 months duration, then it will be difficult for IRB to prove on your income derivation activities unless you declared to Immigration that your intention to stay in MY for X no. of days was for work/business purposes.

100% of your fees charged to your customers will be paid to your sole prop in SG?
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post Apr 1 2016, 05:02 PM

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QUOTE(gark @ Apr 1 2016, 12:21 PM)
Not working in Malaysia if you stay less than 182 days in Malaysia.
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this sort of answer is really scary.
shingyong84
post Apr 2 2016, 03:41 AM

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QUOTE(TC-Titan @ Apr 1 2016, 12:45 PM)
From MY Tax point of view: U should be deriving income from MY based on your role/function as a middle-man/art buyer in MY. Since you are being remunerated for that role to your clients the income earned during your stint in MY shud be taxed here.

The time period of > 182 days only determines whether u shud be taxed as a Tax Resident or not.

Since u have been in MY for more than 6 months, I assume u have been travelling back and forth a few times and did not stay in MY consecutively for the entire 6 months.

If you didn't use any Professional Visit Pass or Employment pass to come in to MY for that 6 months duration, then it will be difficult for IRB to prove on your income derivation activities unless you declared to Immigration that your intention to stay in MY for X no. of days was for work/business purposes.

100% of your fees charged to your customers will be paid to your sole prop in SG?
*
I am a Malaysian, i stayed in MY for more than 6 months consecutively except some minor travelling to Singapore to do some banking within a day.

I have a team of freelancers in MY who produced me artwork, and my role is just order them to produce and sell to 3rd Party in SEA.
All 100% fees were paid to my sole-prop registered company in SG.

This post has been edited by shingyong84: Apr 2 2016, 03:47 AM
TC-Titan
post Apr 2 2016, 08:05 AM

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QUOTE(shingyong84 @ Apr 2 2016, 03:41 AM)
I am a Malaysian, i stayed in MY for more than 6 months consecutively except some minor travelling to Singapore to do some banking within a day.

I have a team of freelancers in MY who produced me artwork, and my role is just order them to produce and sell to 3rd Party in SEA.
All 100% fees were paid to my sole-prop registered company in SG.
*
Regardless of whether you are a citizen or not, ultimately your taxes in MY depends on how long a period you were working and deriving your income from MY (> or < 182 days to determine tax rate based on tax residency), regardless of where you are paid and who is your employer or where your entity is officially registered or where the contracts were entered into.

You should mainly be taxed in MY, since you have established a precedence of working mainly in MY. Your passport entries and other business documents and emails should be able to demonstrate this clearly.

Cost for hiring freelancers is a cost to your business, doesn't change the fact on where you must be taxed in the end.

The only thing you need to be mindful of is whether in the past 2-3 years you have been declaring your taxes in MY as nil and declaring your taxes in SG with income. A sudden change in tax declarations would prompt/highlight to the tax authorities on your tax file(s). You must have ready on hand all the necessary documents to justify your basis for tax for both countries.

E.g
In MY: 2014 - nil tax, 2015 - tax at say 20%, 2016 - nil tax
In SG: 2014 - tax at say 15%, 2015 - nil tax, 2016 - tax at 15%

If you have been declaring your taxes in MY all this while with none in SG then no issue. Key thing is consistency. If you aren't consistent as per the above example, then you must be able to back it up with the relevant supporting.


shingyong84
post Apr 4 2016, 03:31 PM

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Thanks for the clarifications, guys! smile.gif
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post Apr 6 2016, 12:56 AM

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This thread is really helpful!

I'm in a rather different situation. I'm a Malaysian but not in Malaysia, and by the tax definition I'm a "non-resident". I work in a foreign country and they pay me for my services, but I am curious to know this (in all cases, I work overseas)

Assumption A: I sign an individual work contract in this country with my employer, as an individual
1. If they pay me in this country, I pay personal tax here (which is more than 30%). That's obvious.

Assumption B: I sign a service contract between my sole proprietor company & my employer
2. I have a sole proprietor company registered in Malaysia. What happens tax-wise if my sole-prop company bills my foreign employer (in lieu of salary), invoice from Malaysia for services rendered outside of Malaysia? What tax do I pay?

Assumption C: I sign an individual work contract in Malaysia with my foreign employer, as an individual
3. Next scenario, what if my employer pays me as an individual for services rendered outside Malaysia, but the payment method is TT to a Malaysian bank account?

I understand that sole proprietorship means that I'm taxed as an individual. But I'm unable to find information what happens if I'm a non-resident, no one seems to know which category I'm in. Do help!
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post Apr 7 2016, 12:40 PM

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QUOTE(Forum-Modding Newb @ Apr 6 2016, 12:56 AM)
This thread is really helpful!

I'm in a rather different situation. I'm a Malaysian but not in Malaysia, and by the tax definition I'm a "non-resident". I work in a foreign country and they pay me for my services, but I am curious to know this (in all cases, I work overseas)

Assumption A: I sign an individual work contract in this country with my employer, as an individual
1. If they pay me in this country, I pay personal tax here (which is more than 30%). That's obvious.

If employed in MY + working in MY = Taxed in MY. Pay anywhere doesn't matter.


Assumption B: I sign a service contract between my sole proprietor company & my employer
2. I have a sole proprietor company registered in Malaysia. What happens tax-wise if my sole-prop company bills my foreign employer (in lieu of salary), invoice from Malaysia for services rendered outside of Malaysia? What tax do I pay?

If contracted to work full time overseas = Taxed in overseas as you are paid for work that is being performed overseas. Whether you qualify there as a Tax Resident or not depends on how many days you were there. Go check what's the requirements for that country's tax law for individuals.


Assumption C: I sign an individual work contract in Malaysia with my foreign employer, as an individual
3. Next scenario, what if my employer pays me as an individual for services rendered outside Malaysia, but the payment method is TT to a Malaysian bank account?

Same answer as Point 2. Doesn't matter where the contract was entered into and where you are paid, what matters most is where the work was performed and whether you qualify as tax resident or not in that country. The only thing you must be mindful of is what sort of business entity you're using to do business(e.g sole prop, Sdn Bhd or Partnership) or are you transacting under an individual capacity (e.g via employment or as consultant using your name). Diff types = diff tax rules and tax basis. And you need to know if the country you are working in has a Double Tax Agreement with Malaysia or not.

I understand that sole proprietorship means that I'm taxed as an individual. But I'm unable to find information what happens if I'm a non-resident, no one seems to know which category I'm in. Do help!

Individuals that are doing business (self employed or those with sole prop), if tax resident then file Form B, if non-resident file Form M. The interesting part would be to determine which sources of income from your business/assignments need to be taxed in which country at what rates. 
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zzzjjack
post Apr 14 2016, 01:59 PM

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Hey guys, please help me.

I am Malaysian and living in Malaysia but working for a China company through internet,
my income is transfer into my bank account in Malaysia after deducted the amount of tax in China,
how can I avoid double taxation in Malaysia?

Thanks!
fairyboy
post Apr 16 2016, 11:06 PM

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1 question here, from previous comment i realized that foreign income will be exempted tax, but should we declare the income??

If no need, what will happen if they found the money is come from nowhere as i did not declare the income.
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post Feb 7 2017, 10:51 PM

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QUOTE(TC-Titan @ Apr 7 2016, 12:40 PM)

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hi there, i have a Q here as well. Since there are many experts here. smile.gif

I'm always confused whether is my income taxable or not. Here's the scenario,

1. I have a regional role that supporting 6 markets - in SEA. I travelling often almost travel out of malaysia for more than 50 days in a year.
2. My contract was signed off by our main HQ that based in Singapore. However my salary package is stipulated in MYR.
3. The salary is direct TT to tiger bank every month.

so is my income taxable in this case? thanks for your help in advance!
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post Feb 7 2017, 11:22 PM

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QUOTE(angeling79 @ Feb 7 2017, 10:51 PM)
hi there, i have a Q here as well. Since there are many experts here. smile.gif 

I'm always confused whether is my income taxable or not. Here's the scenario,

1. I have a regional role that supporting 6 markets - in SEA. I travelling often almost travel out of malaysia for more than 50 days in a year.
2. My contract was signed off by our main HQ that based in Singapore. However my salary package is stipulated in MYR. 
3. The salary is direct TT to tiger bank every month.

so is my income taxable in this case? thanks for your help in advance!
*
definately taxable by our goverment...

wodenus
post Feb 8 2017, 07:27 PM

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QUOTE(Goneraz @ Oct 23 2009, 09:40 PM)
oh ok... how bout profit i make from trading stocks? I am using a US brokerage, I dont get tax in US but do i have to pay the tax in Malaysia?
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Dividends from US stocks are taxed. You don't get taxed for capital gain, but they will take 30% from your dividends smile.gif
Johnhun
post Feb 8 2017, 07:33 PM

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open an account on BOA or BOC or others bank.
example:
withdraw all to BOA account and transfer to local bank if bank freeze the money and ask where is the money from. just tell them what u are doing and if they wan trading statement just give them.
Touch39
post Mar 1 2017, 11:21 AM

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Hi bro,

I do have some question here & hope our expert here could help to advise.

I started working in Macau since 15 July 2014 till today. However my contract in Macau will be ending in end Mar then I will be going back Msia. All my salary are paid in Macau currency to my Macau bank account after deducted taxes based on Macau law.

I plan to declare my macau income in Msia. I am sure i will not be taxed in Msia for the year of 2015 & 2016 as I stayed in Macau for more than 186 days per year.

My questions are,

1. Will I be taxed by LHDN for my macau income for the year of 2014 as I stayed in Msia for more than 186 days before going to Macau to work on 15 July 2014?

2. I am going back msia this coming april and most likely will be staying for more than 186 days in msia. Will i be taxed by LHDN for my Jan-Mar 2017 macau income ?

As I was told by my friend that I will need to pay tax to LHDN for my oversea income (even my income have already been taxed by Macau Government) if I stay in msia for more than 186 days a year.

Thanks in advance for your expert advice.

young_guy87
post Mar 27 2017, 04:22 PM

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Hi there,

I have a similar question as well. So i will copy the scenario above.

I'm confused whether is my income taxable or not. Here's the scenario,

1. I have a regional role that supporting 2 markets - in SEA. I travelling often almost travel out of malaysia for more than 100 days in a year. I would be staying in malaysia but working out of Malaysia.
2. My contract was signed off in Asia HQ that based in Thailand but the mother company is based in Denmark. However my salary package is stipulated in EURO`s.
3. The salary would be TT to my account, that means EURO`s and it would be automatically changed to RM. any idea how will the conversion rate be?
4. How to submit documents from LHDN? Need some extra supporting documents from the company?
5. I wont be paying any tax in Thailand nor Denmark, if not mistaken.

so is my income taxable in this case?
jiaen0509
post Apr 4 2017, 12:30 PM

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Situation 1:

- Work with China company at home
- Received salary every month via Paypal

Situation 2:

- Work with Hong Kong company at Malaysia factory at representative
- Received salary every month via TT


In this two situation, I need to pay tax?
jiaen0509
post Apr 5 2017, 10:37 PM

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Anyone answer the question above?
cherroy
post Apr 6 2017, 09:42 AM

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QUOTE(jiaen0509 @ Apr 4 2017, 12:30 PM)
Situation 1:

- Work with China company at home
- Received salary every month via Paypal

Situation 2:

- Work with Hong Kong company at Malaysia factory at representative
- Received salary every month via TT
In this two situation, I need to pay tax?
*
Yes.

Both are deemed income derived in Malaysia.
Rasared
post Apr 14 2017, 11:06 AM

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Hi guys. I am new, hope fellow members can help me out.

I have a question on an employee who receives free stocks of the parent company in the US. If these stocks were sold in the US, and the proceeds is TT back to Malaysia, does this qualify as "foreign source income" under IRB laws? It is actually a benefit of employment, aka perquisite. Please correct me if I am not wrong.

Thank you.
Rasared
post Apr 14 2017, 11:11 AM

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Oops! Please correct me if I am wrong. biggrin.gif
cherroy
post Apr 14 2017, 02:56 PM

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QUOTE(Rasared @ Apr 14 2017, 11:06 AM)
Hi guys. I am new, hope fellow members can help me out.

I have a question on an employee who receives free stocks of the parent company in the US. If these stocks were sold in the US, and the proceeds is TT back to Malaysia, does this qualify as "foreign source income" under IRB laws? It is actually a benefit of employment, aka perquisite. Please correct me if I am not wrong.

Thank you.
*
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.
Rasared
post Apr 14 2017, 04:40 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.
*
Sorry, my mistake. Let me clarify. The employee is working here in Malaysia for a subsidiary company of a US company. He receives free shares of the parent company in the US. If he sold these shares in the US and bring the money back to Malaysia (TT). Is this money considered foreign source income or not? It is not from a business activity.
cherroy
post Apr 14 2017, 05:18 PM

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QUOTE(Rasared @ Apr 14 2017, 04:40 PM)
Sorry, my mistake. Let me clarify. The employee is working here in Malaysia for a subsidiary company of a US company. He receives free shares of the parent company in the US. If he sold these shares in the US and bring the money back to Malaysia (TT). Is this money considered foreign source income or not? It is not from a business activity.
*
You have already answered the question on your own statement... smile.gif

Working here -> derived income in Malaysia -> subjected to Malaysia taxation.

Working in a US company /= working abroad.
Receive money from US /= derived income at US.

So exemption on foreign income is not applied for the above example.

The free shares situation should be similar to ESOS given to employee.
Rasared
post Apr 14 2017, 10:05 PM

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QUOTE(cherroy @ Apr 14 2017, 05:18 PM)
You have already answered the question on your own statement...  smile.gif

Working here -> derived income in Malaysia -> subjected to Malaysia taxation.

Working in a US company /= working abroad.
Receive money from US /= derived income at US.

So exemption on foreign income is not applied for the above example.

The free shares situation should be similar to ESOS given to employee.
*
OK, understand now. Thank you very much.
Touch39
post Apr 15 2017, 11:50 AM

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Hi Guys,

Need your advice on my situation,

1) Working in Macau with Macau company.
2) Received income in Macau currency and bank into Macau bank account.
3) Bring back to Malaysia via TT or cash(sometimes)

Is my income above taxable by Msia IRB?

Thanks!
knwong
post Apr 15 2017, 02:48 PM

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QUOTE(Touch39 @ Apr 15 2017, 11:50 AM)
Hi Guys,

Need your advice on my situation,

1) Working in Macau with Macau company.
2) Received income in Macau currency and bank into Macau bank account.
3) Bring back to Malaysia via TT or cash(sometimes)

Is my income above taxable by Msia IRB?

Thanks!
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Not taxable.
joylay83
post Apr 28 2017, 12:29 AM

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Is forex trading considered capital gain and hence not taxable? hmm.gif notworthy.gif
kenviro
post Aug 8 2017, 11:11 AM

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I have a different situation.

I am an investor in a health screening product by a Malaysian company. The health screening products are brought to China. Obviously for every test conducted by this health screening product there, there is a payment received. As an investor, I received a percentage of this payment so we call this a test income.

Since this test income is from a health screening product conducted in China, this means that the source of the income is overseas. As I understand, with effect from the year of assessment 2004, income received in Malaysia by an individual for a year of assessment that is derived from sources outside Malaysia is exempted from tax.

This means that when the Malaysian company pays me the test income to my Malaysian bank account, I should not need to pay any tax on it. I am prepared to open a bank account in
Singapore so that I can receive the test income there if it helps.

Anyone has any opinion on this?

This post has been edited by kenviro: Aug 8 2017, 11:12 AM
cherroy
post Aug 8 2017, 04:41 PM

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QUOTE(kenviro @ Aug 8 2017, 11:11 AM)
I have a different situation.

I am an investor in a health screening product by a Malaysian company. The health screening products are brought to China. Obviously for every test conducted by this health screening product there, there is a payment received. As an investor, I received a percentage of this payment so we call this a test income.

Since this test income is from a health screening product conducted in China, this means that the source of the income is overseas. As I understand, with effect from the year of assessment 2004, income received in Malaysia by an individual for a year of assessment that is derived from sources outside Malaysia is exempted from tax.

This means that when the Malaysian company pays me the test income to my Malaysian bank account, I should not need to pay any tax on it. I am prepared to open a bank account in
Singapore so that I can receive the test income there if it helps.

Anyone has any opinion on this?
*
The income is considered as derived in Malaysia based on the bolded info provided, hence it is taxable.

It is not a foreign income based on the above info.
Foreign income = you work at foreign countries and generate income at foreign country and subjected to the foreign country tax there.

JOEYK86
post Aug 29 2017, 12:42 PM

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QUOTE(knwong @ Apr 15 2017, 03:48 PM)
Not taxable.
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Are there any citation from any Section on Acts etc that you can share with me?

I am facing the similar situation and am considering the implication for bringing a lump sum of foreign money back to Malaysia from HK
gark
post Aug 29 2017, 01:45 PM

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QUOTE(JOEYK86 @ Aug 29 2017, 12:42 PM)
Are there any citation from any Section on Acts etc that you can share with me?

I am facing the similar situation and am considering the implication for bringing a lump sum of foreign money back to Malaysia from HK
*
As long as you paid income tax at the country of origin, not a resident of Malaysia during the time and able to show proof, it will not be taxable in MY..

However, bringing in large sum of money or purchasing any asset will always subject to IRB flag and they may send you a query if it is big enough.

This post has been edited by gark: Aug 29 2017, 01:47 PM
shahrul09
post Aug 29 2017, 05:36 PM

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One question, I am new here, hope some members can help me out.

I have a question, if I am a shareholder of a foreign company and they pay me dividend in a cryptocurrency/bitcoin.

1) If these bitcoin were sold in the that foreign country and get taxed there and i channel it from foreign exchanges/bank to my bank account here in Malaysia, will I need to pay another income or declare it?

2) and what if I sell the bitcoin in Malaysia and directly into malaysian account, ?
'And when Im selling bitcoins in Malaysia, for example on Luno or XBit Asia, basically im selling a digital asset within Malaysia, to someone inside Malaysia, and getting the payment in Malaysian Ringgit, and then withdrawing from the exchange's Malaysian bank account to my own Malaysian bank account.' This one is for sure need to pay income tax right eventhough i get it as a dividend?


does any of this situation qualify as "foreign source income" under IRB laws?

And which one is the best way to bring back the money?



Thank you.

This post has been edited by shahrul09: Aug 29 2017, 06:48 PM
h0lycha0s
post Aug 31 2017, 04:29 AM

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QUOTE(Forum-Modding Newb @ Apr 6 2016, 12:56 AM)
This thread is really helpful!

I'm in a rather different situation. I'm a Malaysian but not in Malaysia, and by the tax definition I'm a "non-resident". I work in a foreign country and they pay me for my services, but I am curious to know this (in all cases, I work overseas)

Assumption A: I sign an individual work contract in this country with my employer, as an individual
1. If they pay me in this country, I pay personal tax here (which is more than 30%). That's obvious.

Assumption B: I sign a service contract between my sole proprietor company & my employer
2. I have a sole proprietor company registered in Malaysia. What happens tax-wise if my sole-prop company bills my foreign employer (in lieu of salary), invoice from Malaysia for services rendered outside of Malaysia? What tax do I pay?

Assumption C: I sign an individual work contract in Malaysia with my foreign employer, as an individual
3. Next scenario, what if my employer pays me as an individual for services rendered outside Malaysia, but the payment method is TT to a Malaysian bank account?

I understand that sole proprietorship means that I'm taxed as an individual. But I'm unable to find information what happens if I'm a non-resident, no one seems to know which category I'm in. Do help!
*
I am currently in the same situation as her, except that in 24 days I will be a tax resident in Malaysia. If that's the case, what do I do with the income derived from a service exported to Italy and performed in Italy. ?

What if I am neither a tax resident of both Malaysia and Italy ? Will I be able to pick just one to pay tax to e.g Malaysia and claim that it's a foreign income and get exemption ? Does it work this way ?

Thanks for your input !
cherroy
post Aug 31 2017, 11:47 AM

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QUOTE(shahrul09 @ Aug 29 2017, 05:36 PM)
One question, I am new here, hope some members can help me out.

I have a question, if I am a shareholder of a foreign company and they pay me dividend in a cryptocurrency/bitcoin.

1) If these bitcoin were sold in the that foreign country and get taxed there and i channel it from foreign exchanges/bank to my bank account here in Malaysia, will I need to pay another income or declare it?

2) and  what if I sell the bitcoin in Malaysia and directly into malaysian account, ?
'And when Im selling bitcoins in Malaysia, for example on Luno or XBit Asia, basically im selling a digital asset within Malaysia, to someone inside Malaysia, and getting the payment in Malaysian Ringgit, and then withdrawing from the exchange's Malaysian bank account to my own Malaysian bank account.' This one is for sure need to pay income tax right eventhough i get it as a dividend?
does any of this situation  qualify as "foreign source income" under IRB laws?

And which one is the best way to bring back the money?
Thank you.
*
1) Generally no, as long as taxes has been paid in foreign countries, but ensure the country has double taxation treaty agreement with Malaysia.

2) It doesn't qualify as "foreign income" which is tax exempted.
As the income is derived in Malaysia when you are selling the bitcoin in Malaysia and reside in Malaysia.

Foreign source income = income derived in foreign countries.

From my personal pov, 1) is preferred as it is more clear cut.

QUOTE(h0lycha0s @ Aug 31 2017, 04:29 AM)
I am currently in the same situation as her, except that in 24 days I will be a tax resident in Malaysia. If that's the case, what do I do with the income derived from a service exported to Italy and performed in Italy. ?

What if I am neither a tax resident of both Malaysia and Italy ? Will I be able to pick just one to pay tax to e.g Malaysia and claim that it's a foreign income and get exemption ? Does it work this way ?

Thanks for your input !
*
You don't care whether the service is exported or not.
It is always depends where the income is derived.
You make a deal in Malaysia and delivered goods/services to overseas customer, it is still deemed income derived in Malaysia.
If not, all export company don't need to pay tax already. So the word "export" is irrelevant.

Non-tax resident still needs to pay tax one, as long as income is derived in Malaysia.
While for Italy, then you need to look on their specific ruling on non-tax resident, whether it will be charged as witholding tax or whatever.
QUOTE
You are non-resident under Malaysian tax law if you stay less than 182 days in Malaysia in a year, regardless of your citizenship or nationality.

Non-resident individual is taxed at a different tax rate on income earned/received from Malaysia.



http://www.hasil.gov.my/bt_goindex.php?bt_...sequ=1&bt_lgv=2

h0lycha0s
post Aug 31 2017, 01:57 PM

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QUOTE(cherroy @ Aug 31 2017, 11:47 AM)
You don't care whether the service is exported or not.
It is always depends where the income is derived.
You make a deal in Malaysia and delivered goods/services to overseas customer, it is still deemed income derived in Malaysia.
If not, all export company don't need to pay tax already. So the word "export" is irrelevant.

Non-tax resident still needs to pay tax one, as long as income is derived in Malaysia.
While for Italy, then you need to look on their specific ruling on non-tax resident, whether it will be charged as witholding tax or whatever.
http://www.hasil.gov.my/bt_goindex.php?bt_...sequ=1&bt_lgv=2
*
Cherroy, thanks for the reply !Ah, you must be pretty frustrated with the recurring questions now bangwall.gif

Hear me out, income is not derived in Malaysia, which is why I wrote 'exported and performed' in Italy. I will stay until I am a tax resident here, but performing such service exported to Italy in Italy.


Looked at the Double Taxation Avoidance Agreement between ITA-MY, it only has paragraphs when I am both a resident or one of the resident of either countries.

It's my fault for not asking the question properly, I meant what if I am a non-resident for both countries or any countries, with foreign derived income, can I choose which country to file my tax under DTA ?
Perhaps I should look at the ruling on non-tax resident with the withholding tax thing.

Appreciate it Cherroy rclxms.gif

This post has been edited by h0lycha0s: Aug 31 2017, 02:00 PM
iqbal1975
post Nov 6 2017, 05:39 AM

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Hi,

Need advise on the following, I’m a Malaysian residing in Malaysia and currently employed by a foreign company registered in Dubai, appreciate advise for the following;
1) my job requires me to travel overseas so I get a travel day and work day allowances and normally it’s a 3 day job, I’ll send them invoices for service rendered either at job completion or monthly. Am I liable to pay tax....
2) the job requires that I may need to check/correct/submit the report part in Malaysia so does this meet as job overseas....

Appreciate any advise on this matter...
klthor
post Nov 6 2017, 11:55 AM

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QUOTE(iqbal1975 @ Nov 6 2017, 05:39 AM)
Hi,

Need advise on the following, I’m a Malaysian residing in Malaysia and currently employed by a foreign company registered in Dubai, appreciate advise for the following;
1) my job requires me to travel overseas so I get a travel day and work day allowances and normally it’s a 3 day job, I’ll send them invoices for service rendered either at job completion or monthly. Am I liable to pay tax....
2) the job requires that I may need to check/correct/submit the report part in Malaysia so does this meet as job overseas....

Appreciate any advise on this matter...
*
do you pay tax in dubai? or dubai is a tax free country ? and from there, why you do not need to pay tax in dubai? slowly using logic, you might get your answer.
vijaiananth
post Feb 1 2018, 12:49 AM

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QUOTE(klthor @ Oct 17 2013, 05:54 PM)
actually its very simple, they tax you base on how and where you earn your money. If you earn your money working in malaysia, doesnt matter who pays you, you are taxable. unless you work in sinagpore, bring the cash back into malaysia, then LHDN would not tax you. Eg you work in SG, but your employer bank into your tiger bank in malaysia, then they will not tax you since its not derived from malaysia. the word derived from malaysia is the key of this whole thing. for your case, its derived and received in malaysia. only income received in malaysia but derived outside malaysia is exempted from income tax.
*
May I add that there's some minor correction to be made to your statement. The statement "Only income received in Malaysia but derived outside Malaysia is tax-exempt" is not necessarily true in all cases. If the employer is a Malaysian company and sends the Malaysian employee to a Korean company (secondment) for work purposes eg: 2 years, and the employer completely remunerates the employee, he would be subject to Malaysian tax. In this case, although income received in Malaysia but derived outside Malaysia, still, it is taxable. Hence, your statement is not quite right.

Alternatively, if the Malaysian employer sends the employee to Korea to work closely with a Korean company, and the secondment agreement is such that the employee shall be remunerated by the Korean company for the 2 years, then the scenario is that the work done overseas is for the Korean company. This will constitute income received in Malaysia but derived outside Malaysia.

In a nutshell, two conditions to fulfill the criteria: 1) Employee shall not perform work in Malaysia & 2) The Employer shall not be Malaysian employer (if the employer is any foreign companies based in Malaysia, this automatically means Malaysian company)


klthor
post Feb 1 2018, 11:21 AM

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QUOTE(vijaiananth @ Feb 1 2018, 12:49 AM)
May I add that there's some minor correction to be made to your statement. The statement "Only income received in Malaysia but derived outside Malaysia is tax-exempt" is not necessarily true in all cases. If the employer is a Malaysian company and sends the Malaysian employee to a Korean company (secondment) for work purposes eg: 2 years, and the employer completely remunerates the employee, he would be subject to Malaysian tax. In this case, although income received in Malaysia but derived outside Malaysia, still, it is taxable. Hence, your statement is not quite right.

Alternatively, if the Malaysian employer sends the employee to Korea to work closely with a Korean company, and the secondment agreement is such that the employee shall be remunerated by the Korean company for the 2 years, then the scenario is that the work done overseas is for the Korean company. This will constitute income received in Malaysia but derived outside Malaysia.

In a nutshell, two conditions to fulfill the criteria: 1) Employee shall not perform work in Malaysia  &  2) The Employer shall not be Malaysian employer (if the employer is any foreign companies based in Malaysia, this automatically means Malaysian company)
*
that is another full can of worms to confuse ppl. wages related to employment in malaysia. which is well, hard to define unless you knlw the in and out of each situation.
vijaiananth
post Feb 2 2018, 11:37 AM

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QUOTE(klthor @ Feb 1 2018, 11:21 AM)
that is another full can of worms to confuse ppl. wages related to employment in malaysia. which is well, hard to define unless you knlw the in and out of each situation.
*
Well, I'm afraid it is not to confuse people. It is the law, and the responsibility lies on the individual to research the laws of the land in detail and plan the "arrangements" accordingly to safeguard oneself from taxation.

I'm attaching a Malaysian employee secondment to overseas scenario. You may want to read it at your leisure.Attached File  Secondment_of_Malaysian_employees_to_Overseas.pdf ( 554.7k ) Number of downloads: 57

klthor
post Feb 2 2018, 11:56 AM

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QUOTE(vijaiananth @ Feb 2 2018, 11:37 AM)
Well, I'm afraid it is not to confuse people. It is the law, and the responsibility lies on the individual to research the laws of the land in detail and plan the "arrangements" accordingly to safeguard oneself from taxation.

I'm attaching a Malaysian employee secondment to overseas scenario. You may want to read it at your leisure.Attached File  Secondment_of_Malaysian_employees_to_Overseas.pdf ( 554.7k ) Number of downloads: 57

*
thanks, but i have read it maybe 7 to 10 years ago... you can even throw in more such as withholding tax, double taxation agreement etc etc. the reason i said its confusing is for layman, to me im just generally explaining what is consider derived from malaysia and what is not. layman normally thinks received from overseas = derived from oversea which is not right at all.
vijaiananth
post Feb 2 2018, 12:20 PM

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QUOTE(klthor @ Feb 2 2018, 11:56 AM)
thanks, but i have read it maybe 7 to 10 years ago... you can even throw in more such as withholding tax, double taxation agreement etc etc. the reason i said its confusing is for layman, to me im just generally explaining what is consider derived from malaysia and what is not. layman normally thinks received from overseas = derived from oversea which is not right at all.
*
I wish I could upload more such documents, but it do consume considerable amount of time. A good way for anyone would be to start some searching on LHDN website.

Appreciated on your intention to educate the layman. Along those same lines, my only intention was to add more value to your statement, whereby those layman may take your statement as a blanket guideline, whereas, in practice, it depends on multitude of complex scenarios which are already outlined by LHDN.

However, if the layman tries to arrange himself/herself to fulfill both rules of:-

Rule 1) He/she perform work outside Malaysia &
Rule 2) His/Her employer shall be Foreign employer (if the employer is any foreign companies based in Malaysia, this automatically means Malaysian employer)

If both the above rules are met, the layman can rest assured that all the complex scenarios outlined by LHDN shall not apply and his/her foreign income shall be tax-exempt.

Having said the above, I do appreciate what you've enlightened them.
duplicated
post Feb 12 2018, 04:37 PM

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Thanks for the inputs and clarifications.
Emily Ratajkowski
post Feb 14 2018, 10:31 AM

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Question:

If I am the director of a company registered in switzerland. Company is used as a shell company for online market trading.

In actuality, I trade from malaysia using the company in switzerland.

But i pay corporate tax in Switzerland. The profit of the company is sent back to malaysia every quarter to my personal bank account as profit from investment from my switzerland company.

1)Technically, the company in switzerland is making money for me. Although i am the one trading in Malaysia.
2)I am already paying corporate tax to switzerland. And any income repatriated to my personal account should not be taxable because it is foreign sourced investment right?


cherroy
post Feb 14 2018, 10:54 AM

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QUOTE(Emily Ratajkowski @ Feb 14 2018, 10:31 AM)
Question:

If I am the director of a company registered in switzerland. Company is used as a shell company for online market trading.

In actuality, I trade from malaysia using the company in switzerland.

But i pay corporate tax in Switzerland. The profit of the company is sent back to malaysia every quarter to my personal bank account as profit from investment from my switzerland company.

1)Technically, the company in switzerland is making money for me. Although i am the one trading in Malaysia.
2)I am already paying corporate tax to switzerland. And any income repatriated to my personal account should not be taxable because it is foreign sourced investment right?
*
2) Yes.
As long as the country has double tax treaty with Malaysia, income/profit will be only taxed once.

But using overseas shell company to trade, beware of violating potential profit transfer ruling, as well as respective country tax ruling issue.

Emily Ratajkowski
post Feb 14 2018, 11:05 AM

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QUOTE(cherroy @ Feb 14 2018, 10:54 AM)
But using overseas shell company to trade, beware of violating potential profit transfer ruling, as well as respective country tax ruling issue.
*
what is this?
cherroy
post Feb 14 2018, 12:00 PM

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QUOTE(Emily Ratajkowski @ Feb 14 2018, 11:05 AM)
what is this?
*
There are companies that using overseas shell company to avoid tax, or reduce tax, through profit transfer or pricing transfer method, especially for those tax heaven countries.

Eg.
A has a local company (X) doing export business, so every profit you made to need to taxed at 24%.

Now A set up another shell company (Y) at country Z, that only has corporate tax of 10% or tax exempted countries.

X sell the good to Y first at cost, (no profit made, hence no tax locally),
But then Y sell to the customer at a profit but the profit is taxed at much lower rate or no tax at all, as Y is following Z country tax rate.

In this way, A has evaded the tax through an overseas shell company.

So beware on this kind of issue, especially if one is running the actual business/operation here through overseas shell company as it may look suspicious in the eye of both countries tax department.
And every countries tax ruling may not the same, and one needs to clear about respectively country tax law.

This post has been edited by cherroy: Feb 14 2018, 12:01 PM
Emily Ratajkowski
post Feb 14 2018, 12:13 PM

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QUOTE(cherroy @ Feb 14 2018, 12:00 PM)
There are companies that using overseas shell company to avoid tax, or reduce tax, through profit transfer or pricing transfer method, especially for those tax heaven countries.

Eg.
A has a local company (X) doing export business, so every profit you made to need to taxed at 24%.

Now A set up another shell company (Y) at country Z, that only has corporate tax of 10% or tax exempted countries.

X sell the good to Y first at cost, (no profit made, hence no tax locally),
But then Y sell to the customer at a profit but the profit is taxed at much lower rate or no tax at all, as Y is following Z country tax rate.

In this way, A has evaded the tax through an overseas shell company.

So beware on this kind of issue, especially if one is running the actual business/operation here through overseas shell company as it may look suspicious in the eye of both countries tax department.
And every countries tax ruling may not the same, and one needs to clear about respectively country tax law.
*
I see. But if I'm dealing with financial products then this doesn't apply right? After all everything is capital gains. But a profit nontheless. So it would be reported as a profit from financial trading.

I don't see how transfer pricing is applied here.


I'm basically saying:
1)I'm a director of xyz swiss. xyz swiss is a financial trading company registered in switzerland and pays tax there.
2)I put money into xyz swiss under my personal capacity for investment purposes. Not as a director expanding his company.
3)Profit from xyz swiss is sent back to me in malaysia as investment gains every quarter under my personal capacity.

Bonus question: 4)If trading profits are repatriated fully, meaning the company doesn't report any gains or losses, and thus is not taxed, is this considered fraud? Because:
1)Swiss company doesn't gain or lose anything thus not eligible to tax in swiss.
2)Yet money is coming back to me in malaysia as capital gains from overseas investment. Therefore not taxable.

This post has been edited by Emily Ratajkowski: Feb 14 2018, 12:16 PM
cherroy
post Feb 14 2018, 12:46 PM

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QUOTE(Emily Ratajkowski @ Feb 14 2018, 12:13 PM)
I see. But if I'm dealing with financial products then this doesn't apply right? After all everything is capital gains. But a profit nontheless. So it would be reported as a profit from financial trading.

I don't see how transfer pricing is applied here.
I'm basically saying:
1)I'm a director of xyz swiss. xyz swiss is a financial trading company registered in switzerland and pays tax there.
2)I put money into xyz swiss under my personal capacity for investment purposes. Not as a director expanding his company.
3)Profit from xyz swiss is sent back to me in malaysia as investment gains every quarter under my personal capacity.

Bonus question: 4)If trading profits are repatriated fully, meaning the company doesn't report any gains or losses, and thus is not taxed, is this considered fraud? Because:
1)Swiss company doesn't gain or lose anything thus not eligible to tax in swiss.
2)Yet money is coming back to me in malaysia as capital gains from overseas investment. Therefore not taxable.
*
Based on the simple and brief info (as there is always need a full info before a conclusion can be made),

4) You may be evading tax in this way.
Only after tax profit repatriated is tax exempted.
Repatriating profit made doesn't result in XYZ swiss doesn't have a profit, hence the statement doesn't need to pay tax doesn't hold ground.

When XYZ swiss is making a profit, then it needs to pay the Swiss tax first.

Fundamentally, when a company making a profit through trading, it needs to pay a tax at their respective country, before it can be repatriated as tax exempted foreign income.

5) Only if those repatriated money is declared as dividend, it will be treated as capital gain/tax exempted income.
If you are repatriated profit made (before being taxed at Swiss) of XYZ swiss, then it is not a capital gain, nor a tax exempted income.

This post has been edited by cherroy: Feb 14 2018, 12:48 PM
Emily Ratajkowski
post Feb 14 2018, 12:48 PM

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QUOTE(cherroy @ Feb 14 2018, 12:46 PM)
Based on the simple and brief info (as there is always need a full info before a conclusion can be made),

4) You may be evading tax in this way.
Only after tax profit repatriated is tax exempted.
Repatriating profit made doesn't result in XYZ swiss doesn't have a profit, and doesn't need to pay tax.

When XYZ swiss is making a profit, then it needs to pay the Swiss tax first.

Fundamentally, when a company making a profit through trading, it needs to pay a tax at their respective country, before it can be repatriated as tax exempted foreign income.

5) Only if those repatriated money is declared as dividend, only it is treated as capital gain/tax exempted income.
If you are repatriated profit made (before tax in Swiss) of XYZ swiss, then it is not a capital gain, nor a tax exempted income.
*
I see. So as long as the gains are taxed first in swiss then when bring back no problem is. That in effect is kinda like paying only 10% tax since I practically own the while chain of money. That sounds better than 27% tax in msia

duplicated
post Feb 18 2018, 05:04 PM

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QUOTE(cherroy @ Feb 14 2018, 12:00 PM)
There are companies that using overseas shell company to avoid tax, or reduce tax, through profit transfer or pricing transfer method, especially for those tax heaven countries.

Eg.
A has a local company (X) doing export business, so every profit you made to need to taxed at 24%.

Now A set up another shell company (Y) at country Z, that only has corporate tax of 10% or tax exempted countries.

X sell the good to Y first at cost, (no profit made, hence no tax locally),
But then Y sell to the customer at a profit but the profit is taxed at much lower rate or no tax at all, as Y is following Z country tax rate.

In this way, A has evaded the tax through an overseas shell company.

So beware on this kind of issue, especially if one is running the actual business/operation here through overseas shell company as it may look suspicious in the eye of both countries tax department.
And every countries tax ruling may not the same, and one needs to clear about respectively country tax law.
*
Hi, out of curiosity.

Why does 'A' need company 'X' when he can directly use company 'Y' to buy the goods and repatriate the money back after making profits and paying taxes in country 'Z'.
Any reason to establish the company 'X'?

thanks.
Emily Ratajkowski
post Feb 19 2018, 07:15 AM

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QUOTE(duplicated @ Feb 18 2018, 05:04 PM)
Hi, out of curiosity.

Why does 'A' need company 'X' when he can directly use company 'Y' to buy the goods and repatriate the money back after making profits and paying taxes in country 'Z'.
Any reason to establish the company 'X'?

thanks.
*
The main reason is probably the ease of setting up shop in country Z.

Setting up a foreign company is not easy. The requirement usually is one of the below or maybe a few of the below combined.
1)You're a citizen or permanent resident
2)If you're opening a foreign owned company, you usually require one of the directors to be a citizen of the country
3)High paid up capital. Usually in millions. For Signapore for example, you must have a min of 5 mil and employ at least 10 people if I'm not wrong.

For the normal person, it is usually not possible to just set up shop in another country. But for the rich, these problems can be solved with money. Easily.


duplicated
post Feb 19 2018, 04:05 PM

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QUOTE(Emily Ratajkowski @ Feb 19 2018, 07:15 AM)
The main reason is probably the ease of setting up shop in country Z.

Setting up a foreign company is not easy. The requirement usually is one of the below or maybe a few of the below combined.
1)You're a citizen or permanent resident
2)If you're opening a foreign owned company, you usually require one of the directors to be a citizen of the country
3)High paid up capital. Usually in millions. For Signapore for example, you must have a min of 5 mil and employ at least 10 people if I'm not wrong.

For the normal person, it is usually not possible to just set up shop in another country. But for the rich, these problems can be solved with money. Easily.
*
Thanks.
horc00
post Mar 9 2018, 01:00 AM

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Hi everyone. Sorry need some guidance here.

I am Malaysian working in Malaysia. I am employed by a company with HQ in Singapore and factory in Malaysia. I currently draw 2 salary, one issued by the Singapore HQ into my Singapore bank account, and another issued by the Malaysia factory into my Malaysian account. In fact I'm contributing to both CPF and EPF for my salaries.

My question is, is my Singapore salary taxable in Malaysia? Can I bring the money in to Malaysia?
cherroy
post Mar 9 2018, 10:01 AM

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QUOTE(horc00 @ Mar 9 2018, 01:00 AM)
Hi everyone. Sorry need some guidance here.

I am Malaysian working in Malaysia. I am employed by a company with HQ in Singapore and factory in Malaysia. I currently draw 2 salary, one issued by the Singapore HQ into my Singapore bank account, and another issued by the Malaysia factory into my Malaysian account. In fact I'm contributing to both CPF and EPF for my salaries.

My question is, is my Singapore salary taxable in Malaysia? Can I bring the money in to Malaysia?
*
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.
donald88
post Mar 9 2018, 10:16 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.
*
The general rule is pay tax to the country where you're hired. You can be deployed to another country for work and be taxed depending on the tax policies of the country you are working in. Some require, meaning double tax.

For MY, IRB would not tax on foreign income
klthor
post Mar 9 2018, 10:26 AM

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QUOTE(Emily Ratajkowski @ Feb 14 2018, 12:13 PM)
I see. But if I'm dealing with financial products then this doesn't apply right? After all everything is capital gains. But a profit nontheless. So it would be reported as a profit from financial trading.

I don't see how transfer pricing is applied here.
I'm basically saying:
1)I'm a director of xyz swiss. xyz swiss is a financial trading company registered in switzerland and pays tax there.
2)I put money into xyz swiss under my personal capacity for investment purposes. Not as a director expanding his company.
3)Profit from xyz swiss is sent back to me in malaysia as investment gains every quarter under my personal capacity.

Bonus question: 4)If trading profits are repatriated fully, meaning the company doesn't report any gains or losses, and thus is not taxed, is this considered fraud? Because:
1)Swiss company doesn't gain or lose anything thus not eligible to tax in swiss.
2)Yet money is coming back to me in malaysia as capital gains from overseas investment. Therefore not taxable.
*
xyz declare such income to you as dividend or salary or comission? i guess this will differentiate the treatment. and what makes you think that is capital gain in malaysia ? anyway, good luck.. this is as far as i can share my knowledge... im tired of explaining what is income, what is foreign income, and what is capital gain.
000022
post Mar 9 2018, 11:13 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.
*
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)
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)
*
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.
*
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.
*
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)
*
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?
*
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.
*
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 ?
*
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


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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.
*
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
*
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.
*
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
*
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.
*
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
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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.
*
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.
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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 ?
*
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.
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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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