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

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MUM
post Dec 18 2021, 08:49 PM

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QUOTE(MattSally @ Dec 18 2021, 07:58 PM)
A very similar scenario except for one thing. I have never had to open a tax file with IRB as I am on MM2H visa. I am thinking of transferring to a spouse visa so I am hoping that I still have no reason or obligation to open a tax file??
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with effect year 2015 an individual who earns an annual employment income of RM34,000 (after EPF deduction) has to register a tax file.

Scope of Taxation

An individual who is resident in Malaysia is taxable on all income accruing in or derived from Malaysia and on income received from outside Malaysia. The scope of taxation of an individual depends on his resident status.

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

Currently, .... Under the MM2H visa, expats are not required to pay tax on their income, no matter where it comes from, as long as it's remitted from overseas."....not sure how the new foreign sourced income tax regime will impact or how they will apply to Mm2h visa holder

This post has been edited by MUM: Dec 18 2021, 09:45 PM
MUM
post Dec 23 2021, 10:02 AM

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QUOTE(prophetjul @ Dec 23 2021, 10:00 AM)
World Bank says Malaysia ‘has plenty of scope’ to tax capital gains or inheritance, even as politicians say the contrary....

i liked the "politicians say the contrary"
MUM
post Dec 23 2021, 10:08 AM

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QUOTE(prophetjul @ Dec 23 2021, 10:06 AM)
So do i. But when they need to finance their yearly excesses, no tax income is too much.
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but with the current shape of the Govt stability in its composition,...was wondering what are the chances of it happening hmm.gif
but then, i thought there was a mention in another thread that Govt is, will or may consider use EPF as their piggy bank/national bank mad.gif

This post has been edited by MUM: Dec 23 2021, 10:17 AM
MUM
post Dec 23 2021, 10:30 AM

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QUOTE(prophetjul @ Dec 23 2021, 10:18 AM)
Nothing will be surprsing from this government.
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thumbup.gif
for me,...until that surprise became a "surprise",....i will still consider that news as a noise to sell the news
MUM
post Dec 23 2021, 10:40 AM

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QUOTE(prophetjul @ Dec 23 2021, 10:36 AM)
Look at EPF. THe MOF gave instruction to EPF to donate RM10 million to flood victims. This sort of action means the fellow has NO accountability and responsibility.  Woe to EPF!
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careful,...i think we BOTH have to stop this....
else later kena "Report" or kena comment sign0006.gif
MUM
post Dec 23 2021, 12:03 PM

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QUOTE(electron @ Dec 23 2021, 11:59 AM)
I wonder how does EPF does the book keeping, especially since a big part of the income is derived from overseas.
When they declare the dividend do they deduct the amount for this tax first before calculating the dividend?
What if the profit is held overseas until there's a need to remit it back to cover local investment/withdrawal and then pass the tax as a cost for the year where the remittance is done?

Or are they going to defer booking those profit from overseas until they need to remit the money back? Would this mean lower dividend?

Since the tax amount would be quite significant, it would be interesting to see how this work out.
In the end, the EPF is indeed a really fat golden goose now
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according to this article

EPF’s foreign-sourced income still tax exempt
In response to a query from The Edge, EPF says its foreign-sourced income will continue to be tax exempt under Paragraph 20, Schedule 6 of the Income Tax Act 1967, which states that the income of any approved scheme is exempted from tax, and this would reasonably include its foreign-sourced income.

According to section 2 of the Income Tax Act, the definition of approved scheme means “the EPF, private retirement scheme or any pension or provident fund, scheme or society approved by the Director-General under section 150”.

https://www.theedgemarkets.com/article/fore...fsie-withdrawal

MUM
post Dec 23 2021, 12:21 PM

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QUOTE(teslaman @ Dec 23 2021, 12:02 PM)
This issue of foreign tax (Residents or Non Residents status) only effecting individuals, not existing businesses.
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just not sure if you are referring to foreign sourced income tax that are to be implemented in 1 Jan 2022

here are links to the FAQs for that topic
https://phl.hasil.gov.my/pdf/pdfam/FAQ_PKPP_2.pdf


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MUM
post Dec 23 2021, 10:01 PM

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QUOTE(myoliech @ Dec 23 2021, 09:24 PM)
Hi all experts, just wondering if someone remits $$$ into a Malaysia bank account, say RM200k before 31/12/2021, the bank would usually call the account holder and ask about the incoming remittance. Usually what is the right answer to tell the bank? And what is the purpose of the bank calling the account holder? Is it for compiling data, for anti-terrorism financing efforts, etc? TQVM for being patient with me.
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maybe and hopefully you can get more value added responses from the Forex forum.....
MUM
post Dec 26 2021, 12:58 PM

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QUOTE(MattSally @ Dec 26 2021, 12:52 PM)
If you are paying tax in SG but legally tax resident in Malaysia then I believe the answer is yes, but that any tax paid in SG can be offset against your Malaysian tax.

Happy to be corrected on that.
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but what if "If you are paying tax in SG but "NOT" a legally tax resident in Malaysia then what would the answers be?
(example: Malaysian not staying in Malaysia for > 182 days?)


Malaysia
Individual - Residence
Last reviewed - 14 December 2021
The status of individuals as residents or non-residents determines whether or not they can claim personal allowances (generally referred to as 'personal reliefs') and tax rebates, and enjoy the benefit of graduated tax rates.
Resident status is determined by reference to the number of days an individual is present in Malaysia.
Generally, an individual who is in Malaysia for a period or periods amounting to 182 days or more in a calendar year will be regarded as a tax resident.
https://taxsummaries.pwc.com/malaysia/individual/residence
MUM
post Dec 26 2021, 01:00 PM

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QUOTE(keelim @ Dec 26 2021, 12:56 PM)
Thanks for the prompt reply. What if one is a tax resident in SG and spent less than 183 days in Msia. The individual should not be subjected to this new tax? On remittance of funds from SG to Msia via financial institutions, do we have to show proof the the receiving Msia bank? When would the 3% be imposed?
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try the link in post 343,
for the current FAQs on this topic...
hope there are some FAQs that may answers your queries....
MUM
post Dec 27 2021, 12:30 AM

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QUOTE(keelim @ Dec 26 2021, 11:56 PM)
Ok. This gets slightly more elaborated. So a tax resident in SG will automatically file for personal income tax in SG which the amount would be treated as tax relief by LHDN? Individuals will have to make filings to LHDN as well?

More questions than answers.
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Is the answers in the faqs?
Hv you read the link?
MUM
post Dec 27 2021, 12:48 AM

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QUOTE(keelim @ Dec 27 2021, 12:37 AM)
Yes I did. This could be the closest.

ekiranya pendapatan yang diremitkan telah tertakluk kepada cukai di luar negara (cukai asing), adakah layak menuntut potongan kredit cukai?
Ya. Pembayar cukai boleh menuntut kredit cukai dua belah pihak atau sebelah pihak di bawah peruntukan seksyen 132 / seksyen 133 ACP 1967 sekiranya pendapatan yang telah diremitkan ke Malaysia tersebut telah dikenakan cukai asing sama ada dalam bentuk cukai pegangan atau cukai pendapatan.
Pembayar cukai yang menuntut kredit cukai perlu menyimpan bukti cukai asing yang telah dibayar.
Kredit cukai yang dituntut untuk suatu tahun taksiran TIDAK boleh melebihi bahagian cukai Malaysia yang kena dibayar berhubung pendapatan yang diremitkan untuk tahun taksiran berkenaan dan mesti dituntut dalam tempoh dua tahun selepas akhir tahun taksiran 2022 atau 2023.
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My guess n thinking only,...
Unless the amount you want to bring back is large n want to purchase high value asset with it.... Then declare it. Else just bring back bit by bit as permitted amount to bring back thru the custom control.... What is the max myr allowed bring back without declaring at custom?
MUM
post Dec 27 2021, 01:19 AM

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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
..........
........
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.[/b]
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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
MUM
post Dec 27 2021, 08:53 AM

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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 am more concern of the "massive" on the taxes applied to the amount of money one remit back from CPF savings upon reaching retirement age moneyflies.gif

This post has been edited by MUM: Dec 27 2021, 09:02 AM
MUM
post Dec 27 2021, 10:06 AM

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QUOTE(VCBlogger @ Dec 27 2021, 09:51 AM)
Usually if your an expat you should negotiate your package nett of tax which means all tax for the country ( Australia) is paid by your employer and arranged by your employer.

Companies sometimes dont regard you as an employee but as an external vendor ( e.g. cause you wont enjoy staff benefits like medical, etc) as such what they pay you could be without any tax deducted and they assume you will pay the relevant tax at the country of residence ( which in TS Wife Case Malaysia). So please check with your employer what they pay and did not pay,

Basically they treat you like engaging a foreign vendor and pay you a fixed sum per contract then you settled your tax at LHDN ( Malaysia)

If your working in Singapore ( means you stay in malaysia less than the prescribed period and is in Singapore for the prescribed period ) you will be a tax resident of singapore but not a tax resident of malaysia.
As such your not liable to LHDN. Proof can be via your passport. Transferring CPF money back is not taxable as long you have evidence and proof that its CPF money.

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looks like the info you posted are 'OLD",...no more applicable effective 1 Jan 2022.
(this latest postings of yours is the 2nd "old" info posted since 1.04am today)

for from this article, it wrote,...

Locals who work in Singapore, whose funds are deposited with the Central Provident Fund (the island republic’s equivalent of EPF), will take a hit when they withdraw and repatriate their retirement money from the city state.

“EPF members can withdraw their money from EPF without being taxed. But for JB folks who work in Singapore, the money they withdraw from CPF will be taxed when repatriated to Malaysia, says Chua.

“They should be able to enjoy double tax relief in respect of tax paid in Singapore. However, due to the exchange rate difference and a higher individual tax rate in Malaysia, they may have additional tax to pay in Malaysia.”

https://www.theedgemarkets.com/article/fore...fsie-withdrawal


This post has been edited by MUM: Dec 27 2021, 10:20 AM
MUM
post Dec 27 2021, 12:41 PM

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QUOTE(keelim @ Dec 27 2021, 12:36 PM)
I was referring to massive workload to file the tax papers with LHDN. Would non-Msia tax residents be entitled to any rebates/relief? There are 300 - 500k Malaysians working in SG and I doubt even 50% know what is going on - shudder to think about filing the tax returns with LHDN ...
.....
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I am sure in the next few months, there will be many articles on that published

This post has been edited by MUM: Dec 27 2021, 12:41 PM
MUM
post Dec 27 2021, 01:53 PM

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QUOTE(VCBlogger @ Dec 27 2021, 01:49 PM)
I think the income tax is depending on the FY a year right . As such the prior year one I believe the old method would still apply .

For income for FY2022 then that would need to tackle under the new guidelines .

So this issue I think the prior year solve it as well as you will get questioned . So can address at the next income tax cycle submission in May 2022.

For the income earned from Jan 2022 to Dec 2022 tackle under the new guidelines
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according to this article, .....

Is the new change applicable on FSI earned before 1 January 2022?

Even though the law is effective from 1 January 2022, any foreign income generated before 1 January 2022 but remitted into Malaysia on or after 1 January 2022, will be liable to Malaysian income tax.

https://www.crowe.com/my/insights/taxabilit...-sourced-income

This post has been edited by MUM: Dec 27 2021, 01:56 PM
MUM
post Dec 27 2021, 02:14 PM

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QUOTE(VCBlogger @ Dec 27 2021, 02:06 PM)
Based the Crowe that you provided it seems to be on earned and received . So those received in MY prior to Jan 2022 would follow old Law and those received post would follow the New Law .
(i think the word to take note is "if remitted",...no remittance then i think is not tax.) (unless the remittance is done by hand carry from SG to JB at a max of US10k. I think if less than US10k per person no need to declare....just hopefully they still keep this "unofficial" channel open)

For CPF if we compare to our EPF we are also taxable on employer contribution to our EPF and are only provided tax allowance of RM 4K.
(i think EPF contribution made by employer is not taxable......contribution by the part of the employee has a tax relief allowance of max RMxxxx)

So for CPF, the taxation should be on the same basis . I think what some of the people are recommending is to provide similar relief like our KWSP to these CPF.
(employer's contribution into Spore CPF is considered as employee's income and are subjected to employee's income tax calculation??)

>> From KWSP website : Requirements. EPF contributions are tax-deductible up to a maximum amount of RM4,000, subject to periodic amendments by the government (excluding of exemption for life insurance premium).
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This post has been edited by MUM: Dec 27 2021, 02:22 PM
MUM
post Dec 31 2021, 12:10 PM

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QUOTE(kobis19 @ Dec 31 2021, 11:31 AM)
Sifus,

If I receive my income in USD on PayPal, and I don't convert it to MYR or withdraw it into my Maybank account, is the income still taxable?
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If there is no records of your income transaction in malaysia n if you don't use that money for big asset purchases... Like those self employed, petty traders, repairer, serviceman, small hawkers n etc that transact in cash without receipts...
MUM
post Jan 1 2022, 02:13 AM

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QUOTE(ruudygh @ Jan 1 2022, 02:04 AM)
I work freelance from msia for an australian company. They pay me USD to my msia bank acc every month.
My work is very simple, only need a laptop and a few clicks, once a week, and job is done.

So if i bring my laptop to singapore every weekend and do a few clicks then come back JB, do i have to pay tax? blink.gif  blink.gif
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I think that is the main consideration....
Almost similar example:
A car repair workshop owner in JB received a call from his friend that his son's car broke down in SG. The mechanic went over to SG and managed to rectify in 2 min. His friend bank in the repair fees charged to the workshop business a/c n got a receipt for it from the workshop. Do the workshop need to declare tax?

This post has been edited by MUM: Jan 1 2022, 02:37 AM

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