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

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kobis19 P
post Jan 5 2022, 08:23 PM

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Thanks everyone for the responses. Supper appreciate it <3
ttppyyuiw P
post Jan 6 2022, 04:19 PM

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QUOTE(kobis19 @ Jan 4 2022, 06:54 AM)
What if I work from home in Malaysia. But I receive my income on PayPal and in USD. Is it only taxed when I withdraw it into my Malaysian bank account and convert it to MYR? Or is it taxable even before it enters my Maybank account?
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If the money is in Paypal/wise, they are considered already in Malaysia.
But now the government will continue to exempt foreign income from income tax, so I guess it's fine to take back your income to Malaysia?

QUOTE(MUM @ Jan 5 2022, 02:08 PM)
according to the previously published FAQs on the previously was to enforced FSI tax regime starting Jan 2021...(now extended FSI waiver till end 2026)
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Can I know where you get this FAQ? I'd like to check it too.

QUOTE(MUM @ Jan 5 2022, 06:10 PM)
i could be wrong,...but i found these in google...

INCOME EXEMPT FROM TAXES –
INDIVIDUALS
20. Remittance of foreign source income to Malaysia
Income arising from sources outside Malaysia and received in Malaysia by any person who is not resident in Malaysia (Sch 6 Para 28).
Effective Y/A 2004, exemption on foreign source income is extended to include a resident individual,
a trust body, a co-operative and a Hindu joint family [Sch 6 Para 28(1)].


How To File Your Income Tax As A Freelancer
Note: Income earned from foreign companies, in other words, businesses that are not based or registered in Malaysia, are exempted from tax, as of YA 2004.

Personal taxation:
Basis - Individuals are taxed on income derived in Malaysia. Foreign sourced income is exempt in Malaysia.
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For my foreign source income, can I still do e-filing so that I can get the documentation to apply credit card? I checked the BE form but I'm not sure which field should I input my income?
MUM
post Jan 6 2022, 04:57 PM

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QUOTE(ttppyyuiw @ Jan 6 2022, 04:19 PM)
........
Can I know where you get this FAQ? I'd like to check it too.
is in Post 273, page 14....
Not sure if the link is still available as they had continued to waive it till Yr 2026.

For my foreign source income, can I still do e-filing so that I can get the documentation to apply credit card? I checked the BE form but I'm not sure which field should I input my income?
Previously mentioned, in income tax thread, for another income tax issue... Can add the income under "others" of form BE...
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vegiee
post May 2 2023, 03:10 PM

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Do you have any updates on the income tax requirements for a Malaysian individual working as a contractor remotely in Malaysia for a US-based company and receiving payment in USD to their Malaysian bank account? confused.gif rclxub.gif
MUM
post May 2 2023, 03:58 PM

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QUOTE(vegiee @ May 2 2023, 03:10 PM)
Do you have any updates on the income tax requirements for a Malaysian individual working as a contractor remotely in Malaysia for a US-based company and receiving payment in USD to their Malaysian bank account?  :confused:  rclxub.gif
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Perhaps can try this article, ...

individuals living in Malaysia who may be simultaneously working for a Malaysian employer and a foreign employer.
https://www.thesundaily.my/business/tax-mat...come-FA10320225

........Exercising employment means discharging the duties of employment. If the taxpayer is located in Malaysia and is performing his duties of employment for the foreign employer from Malaysia, then the taxpayer will be regarded to be exercising his employment in Malaysia, and the whole of his income will be taxed in Malaysia as the source of that income is derived from Malaysia.
dwRK
post May 2 2023, 05:28 PM

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QUOTE(vegiee @ May 2 2023, 03:10 PM)
Do you have any updates on the income tax requirements for a Malaysian individual working as a contractor remotely in Malaysia for a US-based company and receiving payment in USD to their Malaysian bank account?  confused.gif  rclxub.gif
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yours is locally sourced foreign income... fully taxable...

if us withholding tax has been paid by the company before sending to your local bank, you can claim unilateral tax credit for it...

xander2k8
post May 2 2023, 05:37 PM

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QUOTE(vegiee @ May 2 2023, 03:10 PM)
Do you have any updates on the income tax requirements for a Malaysian individual working as a contractor remotely in Malaysia for a US-based company and receiving payment in USD to their Malaysian bank account?  :confused:  rclxub.gif
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The only way you want to avoid such is not to use Malaysian bank accounts as receiving 🤦‍♀️

Better off for your employers to pay you in USD in overseas bank accounts and you lodged a tax return with IRS unless you are using the money to pay off your Malaysian loans then no choice you will be taxed no matter how 🤦‍♀️
dwRK
post May 2 2023, 07:12 PM

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QUOTE(xander2k8 @ May 2 2023, 05:37 PM)
The only way you want to avoid such is not to use Malaysian bank accounts as receiving 🤦‍♀️

Better off for your employers to pay you in USD in overseas bank accounts and you lodged a tax return with IRS unless you are using the money to pay off your Malaysian loans then no choice you will be taxed no matter how 🤦‍♀️
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he stays in Malaysia... works in Malaysia... he pays Malaysian tax... this is not only Malaysian law... but follows international law... he can keep usd overseas... but he must file Malaysian income tax...

irs will only take his withholding tax...

please dun send him holand... hahaha....

vegiee
post May 2 2023, 08:12 PM

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QUOTE(dwRK @ May 2 2023, 07:12 PM)
he stays in Malaysia... works in Malaysia... he pays Malaysian tax... this is not only Malaysian law... but follows international law... he can keep usd overseas... but he must file Malaysian income tax...

irs will only take his withholding tax...

please dun send him holand... hahaha....
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how much is withholding tax if so?
vegiee
post May 2 2023, 08:18 PM

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QUOTE(dwRK @ May 2 2023, 05:28 PM)
yours is locally sourced foreign income... fully taxable...

if us withholding tax has been paid by the company before sending to your local bank, you can claim unilateral tax credit for it...
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Can I have the source of your information please?
dwRK
post May 2 2023, 09:05 PM

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QUOTE(vegiee @ May 2 2023, 08:18 PM)
Can I have the source of your information please?
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i think you are not subject to the 30% withholding tax... this only applies if you work on us soil...

sorry if i give you a surprise... but non issue sweat.gif

you try search for it first... not convenient for me at the moment

This post has been edited by dwRK: May 2 2023, 09:12 PM
SUSTOS
post May 2 2023, 09:22 PM

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QUOTE(vegiee @ May 2 2023, 08:18 PM)
Can I have the source of your information please?
*
Here you go:

LHDN Guideline on TAX TREATMENT IN RELATION TO INCOME RECEIVED FROM ABROAD (AMENDMENT): https://www.hasil.gov.my/media/p0lntthw/202...d-amendment.pdf

And this is the one on unilateral tax credit: https://phl.hasil.gov.my/pdf/pdfam/PR_11_2021.pdf (see example 7). There are pretty detailed explanations and examples there.

Other reference: https://taxsummaries.pwc.com/malaysia/indiv...nd-tax-treaties (from PwC).
SUSceo684
post May 2 2023, 09:27 PM

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QUOTE(kobis19 @ Jan 4 2022, 06:54 AM)
What if I work from home in Malaysia. But I receive my income on PayPal and in USD. Is it only taxed when I withdraw it into my Malaysian bank account and convert it to MYR? Or is it taxable even before it enters my Maybank account?
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U are physically not in US so u are not a tax resident there
U are physically in MY so you pay LHDN.

QUOTE(kobis19 @ Jan 4 2022, 08:00 AM)
Sorry, I don't quite understand.
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If you don't want to pay LHDN u need to qualify as a tax resident in another country which has double taxation treaty meaning if u qualify (e.g. SG >183 days in SG per year) and u pay SG IRAS taxes, that already counted as taxed income and you will pay RM0 LHDN, just if u remit say SGD 20k u declare RM60k foreign taxed income to LHDN (so that it is cleared on the MY homefront) and so they won't question u where got suddenly RM60k enter ur local bank acc but yet u declare RM0.

QUOTE(vegiee @ May 2 2023, 03:10 PM)
Do you have any updates on the income tax requirements for a Malaysian individual working as a contractor remotely in Malaysia for a US-based company and receiving payment in USD to their Malaysian bank account?  confused.gif  rclxub.gif
*
Do you qualify as a US Tax Resident?
No = pay LHDN.
dwRK
post May 2 2023, 10:41 PM

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QUOTE(vegiee @ May 2 2023, 08:12 PM)
how much is withholding tax if so?
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QUOTE(dwRK @ May 2 2023, 09:05 PM)
i think you are not subject to the 30% withholding tax... this only applies if you work on us soil...

sorry if i give you a surprise... but non issue  sweat.gif

you try search for it first... not convenient for me at the moment
*
this link talks about 30% wht, us sourced income n foreign person... https://www.irs.gov/individuals/internation...nra-withholding

this link talks about what type n what is considered as sources... https://www.irs.gov/individuals/internation...ource-of-income

this link talks about services performed in the us is considered us sourced... https://www.irs.gov/individuals/internation...-service-income

since you perform the work in Malaysia, not in usa, its Malaysia sourced and not US sourced hence no withholding tax required... you can verify with your company

on the same token, since it is Malaysia sourced, it is subjected to Malaysian tax, whether you bring it in or not.

cheers

This post has been edited by dwRK: May 3 2023, 07:28 AM
Mattrock
post May 25 2023, 06:58 PM

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Is foreign income exempted from tax until 2026?

This post has been edited by Mattrock: May 25 2023, 08:03 PM
dwRK
post May 25 2023, 09:49 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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only if it meets qualifying conditions...

This post has been edited by dwRK: May 25 2023, 09:56 PM
adam1190
post Jun 2 2023, 05:07 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.

*
Hi currently I am on a working holiday visa in australia for 1 year and has been paying tax in Australia. I believe that when I send the money back to Malaysia, it should be considered as tax exempted kind of foreign sourced income?

If it is tax exempted, do I need to declare when filing my malaysia income tax next year for this year's tax exempted income in Australia as I will be going back to malaysia for good later this year..

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.
dwRK
post Jun 6 2023, 04:40 PM

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QUOTE(Hansel @ Jun 5 2023, 02:05 PM)
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.
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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...

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...

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