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 tax on foreign income?

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

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?
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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?
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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.
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?
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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?
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?
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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.
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
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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.

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.
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?
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Yes.

Both are deemed income derived in Malaysia.
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.
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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.
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.
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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.
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?
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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.

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.
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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 !
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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

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?
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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.

cherroy
post Feb 14 2018, 12:00 PM

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QUOTE(Emily Ratajkowski @ Feb 14 2018, 11:05 AM)
what is this?
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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
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.
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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
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?
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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.
cherroy
post Mar 9 2018, 11:23 AM

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

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

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

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

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

cherroy
post Mar 15 2018, 05:02 PM

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

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

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

Hope can get an answer from you.

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

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

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



cherroy
post Mar 16 2018, 10:09 AM

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

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

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

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

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

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

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

So you tax relief portion should be 0.

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



 

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