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 Income Tax on Foreign Salary Income?, Work in Home in Malaysia.

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Hansel
post Dec 18 2021, 03:47 PM

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QUOTE(dwRK @ Dec 18 2021, 07:45 AM)
filing means letting IRB know how much you gonna pay... wink.gif
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Emm,... filing in the manner that TOS mentioned above means letting the officer know all you are earning overseas, how you are earning them, what instruments you are using, etc, etc,... regardless of whether you are remitting any funds back or not. This means revealing MORE than you are needed to, and you will be doing more work than you are required to.
Hansel
post Dec 21 2021, 03:02 PM

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QUOTE(skyze.quek @ Dec 20 2021, 09:58 PM)
Once the program expires, the tax authority will scrutinize information on funds kept overseas by Malaysian resident persons, pursuant to exchange of information agreements with foreign countries.  Where taxpayers are subsequently found to be under-declaring their foreign-sourced income remitted into Malaysia, or even not reporting Malaysian-sourced income from overseas, additional assessment together with penalties could be assessed.
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I like the way you write, thank you.

Let me ask you,... perhaps I could learn something here,... and you are a new forummer,... thumbsup.gif


Why would the tax authority scrutinise information on funds kept overseas ?

Shldn't they instead spend their time scrutinising the ledger of funds transmitted into Msian bank accounts which were not reported to the tax authority ?


Hansel
post Dec 27 2021, 03:43 PM

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QUOTE(VCBlogger @ Dec 27 2021, 01:04 AM)
There is already an established Double Taxation Agreement between MY and Australia
https://phl.hasil.gov.my/pdf/pdfam/AustraliaDTA_20012017.pdf

Article 4
RESIDENCE
1. For the purposes of this Agreement, a person is a resident of one of the Contracting
States:
(a) in the case of Malaysia, if the person is resident in Malaysia for the purposes
of Malaysian tax; and
*Based on your scenario since your wife is in Malaysia more 182 days your wife should be tax resident in Malaysia)*

(b) in the case of Australia, if the person is a resident of Australia for the purposes
of Australian tax.
2. Where by reason of the preceding provisions an individual is a resident of both
Contracting States, then his status shall be determined in accordance with the following
rules:
(a) he shall be deemed to be a resident solely of the Contracting State in which
he has a permanent home available to him;
*Based on your scenario since your wife permanent home is in Malaysia then should be tax resident in Malaysia)*

(b) if he has a permanent home available to him in both Contracting States, or if
he does not have a permanent home available to him in either of them, he shall
be deemed to be a resident solely of the Contracting State in which he has an
habitual abode;
© if he has an habitual abode in both Contracting States, or if he does not have
an habitual abode in either of them, he shall be deemed to be a resident solely
of the Contracting State with which his personal and economic relations are
the closer.
3. In determining for the purposes of paragraph 2 of the Contracting State with which
an individual's personal and economic relations are the closer, the matters to which
regard may be had shall include the citizenship of the individual.
4. Where by reason of the provisions of paragraph 1 a person other than an individual
is a resident of both Contracting States, then it shall be deemed to be a resident solely of
the Contracting State in which its place of effective management is situated.
Article 21
INCOME OF DUAL RESIDENT
Where a person, who by reason of the provisions of paragraph 1 of Article 4 is a resident of both Contracting States but by reason of the provisions of paragraph 2 or 4 of that Article is deemed for the purposes of this Agreement to be a resident solely of one of the Contracting States, derives income from sources in that Contracting State or from sources outside both Contracting States, that income shall be taxable only in that Contracting State.
*(This doesnt apply as your wife is not a dual resident based on the article 4 test)*

Article 23
METHODS OF ELIMINATION OF DOUBLE TAXATION
1. The laws in force in each of the Contracting States shall continue to govern the taxation of income in that Contracting State except where provision to the contrary is made in this Agreement. Where income is subject to tax in both Contracting States, relief from double taxation shall be given in accordance with the following paragraphs.

2. In the case of Malaysia, subject to the provisions of the law of Malaysia regarding the allowance as a credit against Malaysian tax of tax payable in any country other than Malaysia, the amount of Australian tax payable under the law of Australia and in accordance with the provisions of this Agreement, by a resident of Malaysia in respect of income from sources within Australia, shall be allowed as a credit against Malaysian tax payable in respect of such income, but in an amount not exceeding the proportion of Malaysian tax which such income bears to the entire income chargeable to Malaysian
tax.

Basically you need to declare your foreign income received in Malaysia to LHDN then you need to calculate the income tax payable in Malaysia for that foreign income.
If your employer had deducted income tax to Australia Govt before paying you they need to furnish you evidence of the tax paid in Australia so you can deduct that from the income tax payable to LHDN

Example
( Figure are fictional and just illustrative)
Your Foreign Income in Malaysia is Rm 1,000,000
Your MY Income Tax is 24% = RM 240,000
Your foreign employer already deducted RM 180,000 paid as Australia income tax and can provide you with proof
( There should be a EA Form equivalent if your an employee of the Company)
Then you need to declare to LHDN but pay RM 240,000 less RM  180,000 = RM 60,000 to MY Govt

I used to work overseas and was not a tax resident in MY but tax resident in another country. When i return the employer provided full proof of all income tax paid in the foreign country so even if LHDN ask me there is clear trail of evidence. Your scenario is different from me as your a tax resident in MY earning income in AUS so definitely have to declare.

The goal of double taxation is to ensure/minimize the tax resident being tax on the same income from two country ( being taxed twice) that why you are allowed to credit any tax paid in the other country against your income tax in local country.

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QUOTE(MUM @ Dec 27 2021, 01:19 AM)
I think n guess,......
the soon to be implemented foreign sourced income tax regime starting 1 Jan 2022 would make bring in money saved from employment in Australia to be taxed too....
If you are already paying taxes in Australia, you can seek tax credit to offset taxes paid in australia
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QUOTE(keelim @ Dec 27 2021, 08:51 AM)
This is cumbersome. It means all Malaysian who is not a Malaysian tax residents, would need to file 2 tax filings. One with the tax authority where they are a resident and the other with LHDN. The 2nd filing with LHDN has to adjust with the amount of tax paid via tax rebates.

This is quite massive right?
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I will look at it this way :-

1) First off, have you ever been a Msian Tax Resident ? If not, then you wouldn't have a taxfile, AND you continue being a non-tax resident. Then whatever you remit in will not be subjected to the stopping of the FSIE.

Then,... if you choose to start a taxfile, you'll have to get hold of a residency-based certification from your tax-resident ctry to show to LHDN if you are ever asked to.

2) You do not need to declare whatever foreign income you made and income taxes that you have paid outside Msia to LHDN. None of this matters to LHDN. It's none of their business - but please update here if I am wrong in this and someone here has to declare their foreign income to LHDN even if such income has not been remitted back to Msia.

3) The problem starts when you are a Msian Tax REsident. Then you have to prove that whatever yuo remit back is capital-based, and hence, shld not be subjected to tax.

If the remittance is income-based, then it is subjected to tax. BUT what if it has already been taxed outside of the ctry by foreign tax authorities ? Then you'll have to furnish proof that such has happened and you deserve a tax offset.

A scenario now,... everybody knows dividends earned from US-based companies are 30% tax-withheld. But what papers can we show to claim this tax credits when we remit back the USD dividends into Msia ?
Hansel
post Dec 27 2021, 03:53 PM

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Bros and Sis,... the word here is always : remit back.

The moment you need to bring back in,... then you'll have start thinking what is the right thing to do.

Like,.... in my case now,... I am thinking,... since my USD dividends will be tax-withheld anyway by the IRS, I can bring them back to Msia and will enjoy tax-credits.

But I can't back any SG dividends at all.

Let's see after writing the above, will the faqs change to say that USD dividends will never be granted tax credits, regardless,....
Hansel
post Dec 27 2021, 04:19 PM

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QUOTE(wayton @ Dec 27 2021, 04:03 PM)
US and Malaysia don't have double tax treaty agreement, can still claim tax credit?
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Double tax treaty agmts means paying less taxes on both sides vs if no treaties. Does it involve claiming of tax credits ?
Hansel
post Dec 27 2021, 04:20 PM

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QUOTE(tehoice @ Dec 27 2021, 04:09 PM)
yes the keyword is remittance.

However, is there any loosely defined term of remittance? or any deemed remittance?
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Yes,... there is such a thing as deemed remittance. I read as in 'contra actions' done overseas. Please refer to the 'pkpp faqs',....
Hansel
post Dec 27 2021, 04:33 PM

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QUOTE(dwRK @ Dec 27 2021, 04:26 PM)
yes... follows unilateral tax credit guidelines...
Merry Christmas !!!  cheers.gif
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Yes, Merry Christmas, bro,....

Hansel
post Jan 1 2022, 01:00 AM

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The initiative is defeated, bros,... See my previous postings,...

But let's observe further.
Hansel
post Jan 4 2022, 04:18 PM

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QUOTE(MUM @ Jan 4 2022, 07:33 AM)
How does lhdn knows how much does your overseas employers  pays you for your work gone in malaysia, so that they can tax that money?
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Mum,... you are not supposed to ask that question,... biggrin.gif biggrin.gif

He is supposed to declare sincerely,....
Hansel
post Jun 5 2023, 02:05 PM

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QUOTE(Mattrock @ May 25 2023, 06:58 PM)
Is foreign income exempted from tax until 2026?
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QUOTE(dwRK @ May 25 2023, 09:49 PM)
only if it meets qualifying conditions...
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There is something here to pay attention to. Come-2027 filing, it would have been a few years and we'd need to dig out all the previous remittances back to Msia if we are audited by the IRB.
Hansel
post Jun 7 2023, 07:55 PM

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QUOTE(dwRK @ Jun 6 2023, 04:40 PM)
yeah... should be habit already to keep transaction records... statutory limit is 7 yrs

one of my audits they wanted bank statements which i never keep ... have to pay bank for printing... lol

more important is to also keep records of outbound remittance... since that is after tax local money...
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Thank you, bro,... for the heads-up.

I have not had any Outbound for many years,... all my overseas dfunds are earned from my dividends and my programs as in my Options, Currency Speculations, etc,... I also earn some income from overseas from doing consultation work.

I am subjected to tax from the foreign govt when I perform this consultation work. So,... in essence, I am a "Malaysian working abroad", notwithstanding where I stay physically....

Whatever I remit back will be after paying taxes to the foreign govt...
Hansel
post Jun 12 2023, 05:45 PM

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QUOTE(dwRK @ Jun 11 2023, 11:30 AM)
np bro...

yeah... when you fly out for in-country work... payment is net of withholding tax, i think all countries do this... just keep these tax docs forever lor... even if expired i'd keep them to explain away other winnings that may or may not  be subject to fsi tax... hahaha...
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If I am a Msian working abroad, then all my income, incl dividend income is subjected to the taxation authorities of the foreign govt.. When this foreign income is subjected to 'foreign tax', the LHDN will not tax again when I remit such income back to Malaysia.

I wonder how they will treat this dividend income portion of my total income,...
Hansel
post Jun 13 2023, 11:18 AM

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QUOTE(Wedchar2912 @ Jun 12 2023, 07:10 PM)
The last part I believe many of us are waiting to know the answer.

Rationale is how would LDHN know that when we remit back say 1 million ringgit equivalent, how much of the funds are from income already taxed and how much is from say bank interest/share dividend?
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I think,... at the end of the day,... it all boils down to how much is the LHDN able to convince the foreign govt to cooperate with them,... I'm jumping the gun answering like this,... maybe this answer sounds illogical,... but,.. even with the CRS procedure in place, if the foreign tax authorities don't provide whatever details the LHDN asks for,... there is just no way for LHDN to 'count'.

So,... we continue to pray msia will remain a weak ctry, no foreign govt wants to waste their time on us.

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