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

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TSjenova
post Mar 17 2015, 01:37 AM, updated 11y ago

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Hi bro,

I am kinda confuse with this....


My wife living and working from home in Malaysia. Her company is in Australia. Her salary is TTed to her Malaysia bank on a monthly basis from Australia.

In this case, is this income taxable?

I found on LHDN it is not taxable. (http://www.hasil.gov.my/goindex.php?lgv=2&chg=1)

Income Remitted from Outside Malaysia

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


But some said it is taxable....i am confused.... rclxub.gif rclxub.gif

Please help.




AVFAN
post Mar 17 2015, 02:28 AM

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taxable - becos the work done is in malaysia, not overseas.
oOoproz
post Mar 17 2015, 04:19 AM

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Check out this post for more info https://forum.lowyat.net/topic/1203859/all
Hope it helps biggrin.gif

This post has been edited by oOoproz: Mar 17 2015, 04:19 AM
Kaka23
post Mar 17 2015, 09:14 AM

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QUOTE(jenova @ Mar 17 2015, 02:37 AM)
Hi bro,

I am kinda confuse with this....
My wife living and working from home in Malaysia. Her company is in Australia. Her salary is TTed to her Malaysia bank on a monthly basis from Australia.

In this case, is this income taxable?

I found on LHDN it is not taxable. (http://www.hasil.gov.my/goindex.php?lgv=2&chg=1)

Income Remitted from Outside Malaysia

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


But some said it is taxable....i am confused....  rclxub.gif  rclxub.gif

Please help.
*
Yes you still need to declare it..
SUSsupersound
post Mar 17 2015, 11:40 AM

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Keep quiet until they send a love letter to you.
Or visit your nearest LHDN office to clarify.
TSjenova
post Mar 17 2015, 12:17 PM

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QUOTE(Kaka23 @ Mar 17 2015, 09:14 AM)
Yes you still need to declare it..
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QUOTE(AVFAN @ Mar 17 2015, 02:28 AM)
taxable - becos the work done is in malaysia, not overseas.
*
What if the Australia income is a freelance job (2nd income, paid in USD TT from overseas)? If she have a regular job in Malaysia (Malaysia company, paying in RM), same rule apply? The 2nd income (Australia job income) still need to declare?


Thanks much !!!! smile.gif
Kaka23
post Mar 17 2015, 12:32 PM

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QUOTE(jenova @ Mar 17 2015, 01:17 PM)
What if the Australia income is a freelance job (2nd income, paid in USD TT from overseas)? If she have a regular job in Malaysia (Malaysia company, paying in RM), same rule apply? The 2nd income (Australia job income) still need to declare?
Thanks much !!!!  smile.gif
*
Yeah.. legally you should declare. Are you taking big amount on the freelance?
AVFAN
post Mar 17 2015, 12:38 PM

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QUOTE(jenova @ Mar 17 2015, 12:17 PM)
What if the Australia income is a freelance job (2nd income, paid in USD TT from overseas)? If she have a regular job in Malaysia (Malaysia company, paying in RM), same rule apply? The 2nd income (Australia job income) still need to declare?
Thanks much !!!!  smile.gif
*
legally, u r required to declare.

it is the same with rental income.

if u dun declare, just be aware that if and when at some time, u get audited by tax people and can't explain certain things on certain documents, u r liable for a hefty fine.
SUSMatrix
post Mar 17 2015, 12:40 PM

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of course kena tax lar. You do the job here, cari makan here and expect no tax??? WTF.
nexona88
post Mar 17 2015, 12:43 PM

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QUOTE(supersound @ Mar 17 2015, 11:40 AM)
Keep quiet until they send a love letter to you.
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+100 brows.gif rclxms.gif
WaCKy-Angel
post Mar 17 2015, 12:47 PM

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IMO legally required, but as long as they do not submit EPF then LHDN wont even know she is even working.
TSjenova
post Mar 17 2015, 11:12 PM

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Noted and thanks everyone. smile.gif

If our boss spend our tax money wisely of course we are happy to pay it. But they spent on beli cincin, pergi saloon, beli kapal terbang, masuk poket etc (many many more).... I am sure everyone not very willing to pay. tongue.gif
cute_boboi
post Mar 18 2015, 12:35 PM

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QUOTE(jenova @ Mar 17 2015, 01:37 AM)
Hi bro,

I am kinda confuse with this....
My wife living and working from home in Malaysia. Her company is in Australia. Her salary is TTed to her Malaysia bank on a monthly basis from Australia.

In this case, is this income taxable?

I found on LHDN it is not taxable. (http://www.hasil.gov.my/goindex.php?lgv=2&chg=1)

Income Remitted from Outside Malaysia

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


But some said it is taxable....i am confused....  rclxub.gif  rclxub.gif

Please help.
*
Work done in Malaysia, so officially need to declare and submit LHDN. No matter is primary job or secondary/tertiary/part-time. As long as it is an "income".

Tax Audit can be done easily, all foreign TT have records in BNM.

Kayupatah
post Mar 18 2015, 08:28 PM

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How could I get a job from home like your wife did? I had a wish, I just wanna work at home. Can sleep and eat anytime. Can you pm me the detail of the job? notworthy.gif
glauncher
post Mar 18 2015, 08:40 PM

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QUOTE(Kayupatah @ Mar 18 2015, 08:28 PM)
How could I get a job from home like your wife did? I had a wish, I just wanna work at home. Can sleep and eat anytime. Can you pm me the detail of the job?  notworthy.gif
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me too
stanzai
post Mar 19 2015, 03:43 AM

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It will be taxable I assume. Just curious, I am sure the money has some kind of deduction before it is TTed over to Msia? wow sakit if kena twice tax.
energy6
post Mar 19 2015, 09:40 AM

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Hi all.

I am looking for a way to reduce my total taxable income to save more money. I have a daily full time job in Malaysia and a part time service-based freelance foreign income. What is the best way to save on tax payable? The freelance income is recurring monthly and TT to my bank account from US but amount is not fixed. May I know which is the best option below?


Option 1:
Find a job in Singapore and stay there since the tax rate is lower than Malaysia. Thus, reducing my total taxable income while the freelance income remain TT to Malaysia bank account. In other words, income tax is file in both countries. Is that possible?


Option 2:
Open a sole proprietor/Sdn. Bhd company. Outsource my work as project based to foreign people in other country around the world. The outsource work will be use as deduction for business expenses.

There is very little expenses can be deduct since the service work can be done at anywhere. Maybe require to purchase softwares or server hosting as business operation also.
cherroy
post Mar 19 2015, 09:54 AM

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QUOTE(jenova @ Mar 17 2015, 01:37 AM)
Hi bro,

I am kinda confuse with this....
My wife living and working from home in Malaysia. Her company is in Australia. Her salary is TTed to her Malaysia bank on a monthly basis from Australia.

In this case, is this income taxable?

I found on LHDN it is not taxable. (http://www.hasil.gov.my/goindex.php?lgv=2&chg=1)

Income Remitted from Outside Malaysia

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


But some said it is taxable....i am confused....  rclxub.gif  rclxub.gif

Please help.
*
Income derived, means you work there and generate income there.
energy6
post Mar 19 2015, 11:09 AM

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QUOTE(cherroy @ Mar 19 2015, 09:54 AM)
Income derived, means you work there and generate income there.
*
In order words, this term is apply only when the person is physically work at there. The tax should have been file at there also. So, when transfer back to Malaysia is exempted from tax and consider as transferring from own account, not directly from company.
cherroy
post Mar 19 2015, 11:41 AM

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QUOTE(energy6 @ Mar 19 2015, 11:09 AM)
In order words, this term is apply only when the person is physically work at there. The tax should have been file at there also. So, when transfer back to Malaysia is exempted from tax and consider as transferring from own account, not directly from company.
*
Yup, a lot of people misunderstand that if money is come from overseas, it is tax exempted, which is not true.
Company here doing export, also receive payment from overseas but still it is local derived income and subjected to tax here.

It is not about where the money being paid or from, but where the money being generated.

The reason of it is given tax exempted (apart can induce inflow of money), because the income may already taxed at there, so unfair to have double taxation.
zhou.xingxing
post Mar 19 2015, 12:13 PM

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QUOTE
My wife living and working from home in Malaysia. Her salary is TTed to her Malaysia bank on a monthly basis from Australia.


Based on our taxation system, Section 3 of ITA.

QUOTE
A tax to be known as income tax shall be charged for each year of assessment upon the income of any person accruing in or derived from Malaysia or received in Malaysia from outside Malaysia.


Your case applies.

Hence, taxable. Hope it helps.

This post has been edited by zhou.xingxing: Mar 19 2015, 12:15 PM
mnajem
post Oct 22 2015, 04:41 PM

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Any update on this?

Just curious to know. It seems that we still to declare and pay for the tax right?


hannah1987
post Mar 7 2017, 05:37 PM

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Hi, I have a question. I work as a freelancer internationally as a digital nomad. I am a Malaysian citizen but haven't been back for years. I have a bank account in the Netherlands and my clients are from China, US and Turkey. All my income goes into the Dutch bank account .
I work as a freelance English teacher and would like to set up own teaching lessons.
To whom do I pay tax to?
jack2
post Mar 7 2017, 06:06 PM

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How about if he is doing doorship sales and earn the differences and the clients all are located overseas?

This post has been edited by jack2: Mar 7 2017, 06:07 PM
gark
post Mar 7 2017, 07:49 PM

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QUOTE(hannah1987 @ Mar 7 2017, 05:37 PM)
Hi, I have a question. I work as a freelancer internationally as a digital nomad. I am a Malaysian citizen but haven't been back for years. I have a bank account in the Netherlands and my clients are from China, US and Turkey. All my income goes into the Dutch bank account .
I work as a freelance English teacher and would like to set up own teaching lessons.
To whom do I pay tax to?
*
Depends on your residency, ie which country you are spending the most in a year.

If mostly in MY, then declare MY tax although income come from foreign sources and deposit into foreign accounts.

if your primary residence is Netherlands, then declare Netherlands tax as per their tax code.

This post has been edited by gark: Mar 7 2017, 07:50 PM
gark
post Mar 7 2017, 07:50 PM

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QUOTE(jack2 @ Mar 7 2017, 06:06 PM)
How about if he is doing doorship sales and earn the differences and the clients all are located overseas?
*
Is he doing the dropship in Malaysia if yes, please declare income for MY taxes.

This post has been edited by gark: Mar 7 2017, 07:51 PM
jack2
post Mar 7 2017, 07:56 PM

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QUOTE(gark @ Mar 7 2017, 07:50 PM)
Is he doing the dropship in Malaysia if yes, please declare income for MY taxes.
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No, all international clients...
gark
post Mar 7 2017, 09:30 PM

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QUOTE(jack2 @ Mar 7 2017, 07:56 PM)
No, all international clients...
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Does not matter, as long as HE DO the dropship work based in Malaysia. Need to declare MY tax.
Tachikoma
post Dec 5 2017, 12:00 PM

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https://ringgitplus.com/en/blog/Career/How-...reelancing.html

QUOTE
What If My Freelance Income is From Outside of Malaysia?
It’s not uncommon for freelancers to earn incomes from foreign companies (not based or registered in Malaysia). According to the Inland Revenue Board of Malaysia (IRBM), with effect from the year of assessment 2004, income received from outside Malaysia is exempted from tax.


So is this just bad info?
mnajem
post Oct 12 2021, 03:58 PM

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QUOTE(Tachikoma @ Dec 5 2017, 12:00 PM)
More or less is a confusing info
tehoice
post Oct 13 2021, 09:49 AM

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QUOTE(mnajem @ Oct 12 2021, 03:58 PM)
More or less is a confusing info
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wah you are replying to a 4-yo post.
dwRK
post Oct 13 2021, 01:20 PM

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yeah... holy resurrection wth man...

anyways since this resurfaced... heads up...

was informed IRB going to remove the exemption on foreign sourced income... probably starting next year... they writing up the law now...
MUM
post Oct 13 2021, 02:31 PM

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GSK & Associates, May 24, 2019

FOREIGN-SOURCED INCOME - MALAYSIAN INCOME TAX
Updated: Nov 17, 2020

Foreign-sourced income is NOT subject to tax in Malaysia, except for certain activities, such as banking, insurance, and air and sea transport operations.


References - Income Tax Act, 1967
Section 3 of the Income Tax Act, 1967 (ITA) states that “income shall be charged for the income of any person accruing in or derived from Malaysia or received in Malaysia from outside Malaysia”.
The phrase accruing in or derive from Malaysia means the source of income must be in Malaysia

With effect from YA 2004, foreign source income derived from sources outside Malaysia and received in Malaysia by any person is NOT subject to Malaysian income tax

Section 12 of the Income Tax Act, 1967 is about the determining the source of income or derivation of income

The tax exemption is stated in the Schedule 6, Paragraph 28 of the Income Tax Act, 1967 - click the link below for the PDF copy of the Schedule 6;

www.hasil.gov.my/pdf/pdfam/Schedule_6.pdf
http://phl.hasil.gov.my/pdf/pdfam/Schedule_6.pdf


How to determine income derived from Malaysia or Outside Malaysia (Foreign-Sourced)

Derivation of income is defined in Section 12 of the ITA.

Determining the source of income is indeed difficult and often open to discussion and also can be complex and contentious.
There is no exact guide that can be applied to every scenario to determine whether an income is Malaysian-sourced or foreign-sourced.
It depends on the nature of the income and of the business transactions which give rise to such income.


Generally, the income shall be deemed derived from outside Malaysia if the income is attributed directly to activities conducted outside Malaysia.
The burden is on the tax payer to prove that his income is foreign-sourced.


As per the Section 12(1)(a), gross income that is not attributable to operations of business carried on outside Malaysia would be deemed Malaysian derived income.


Therefore, if the gross income is related to the work performed outside Malaysia and the taxpayer wishes to treat it as foreign source income, the taxpayer would need to substantiate that it is attributable to operations of business carried on outside Malaysia.


General points to consider in determining source of income

Where does the contracts concluded - in Malaysia or Outside Malaysia?

Whether the ownership risk of the business is in Malaysia or Outside Malaysia

Whether services are rendered in Malaysia or Outside Malaysia


Briefly on Section 12 (1) & 12 (2):
more ....
https://www.gskassociates.net/post/foreign-...sian-income-tax

latest updates...
In the Budget 2022, it has been proposed that income tax be imposed on residents in Malaysia with income derived from foreign sources and received in Malaysia from Jan 1, 2022. in response to global developments such as the global minimum tax and the recent European Union’s action to include Malaysia in its “grey list”.
https://www.theedgemarkets.com/article/delo...crease-tax-bill


This post has been edited by MUM: Oct 30 2021, 08:19 PM
iammyself
post Oct 23 2021, 02:06 PM

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QUOTE(mnajem @ Oct 12 2021, 03:58 PM)
More or less is a confusing info
*
Found the necromancer! *Pull out pitchfork*
dwRK
post Oct 29 2021, 10:41 PM

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QUOTE(dwRK @ Oct 13 2021, 01:20 PM)
yeah... holy resurrection wth man...

anyways since this resurfaced... heads up...

was informed IRB going to remove the exemption on foreign sourced income... probably starting next year... they writing up the law now...
*
told y'all...
Mattrock
post Oct 30 2021, 10:34 AM

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So Malaysian residents will be taxed on foreign sourced income remitted to Malaysia from 1 Jan 2022. How to get around this? I might go work overseas next year and most of salary will salary TT to my account here. Will I be considered Malaysian resident if I spend most of my days abroad? I know LHDN has few criteria to define Malaysian Tax resident. Is this same criteria to define Malaysian resident?
dwRK
post Oct 30 2021, 11:17 AM

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QUOTE(Mattrock @ Oct 30 2021, 10:34 AM)
So Malaysian residents will be taxed on foreign sourced income remitted to Malaysia from 1 Jan 2022. How to get around this? I might go work overseas next year and most of salary will salary TT to my account here. Will I be considered Malaysian resident if I spend most of my days abroad? I know LHDN has few criteria to define Malaysian Tax resident. Is this same criteria to define Malaysian resident?
*
if you go out as expat... then you are not considered as Malaysia tax residence...

the transition year... say work 6 months in Malaysia, then move to country X... then you'll need to segregated and choose how you want to be taxed

if company send... they probably will provide tax agents to handle your taxes
cklimm
post Oct 30 2021, 04:00 PM

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QUOTE(MUM @ Oct 13 2021, 02:31 PM)
GSK & Associates, May 24, 2019

FOREIGN-SOURCED INCOME - MALAYSIAN INCOME TAX
Updated: Nov 17, 2020

Foreign-sourced income is NOT subject to tax in Malaysia, except for certain activities, such as banking, insurance, and air and sea transport operations.
https://www.gskassociates.net/post/foreign-...sian-income-tax
*
Mum, this doesn't age well
SUSTOS
post Oct 30 2021, 04:06 PM

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https://www.theedgemarkets.com/article/delo...crease-tax-bill
baby_4ever
post Oct 30 2021, 06:18 PM

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Why on earth in budget, only now they say foreign income now taxable from January 2022? Dont tell me they only targeting those income overseas and living overseas.
baby_4ever
post Oct 30 2021, 06:21 PM

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QUOTE(Mattrock @ Oct 30 2021, 10:34 AM)
So Malaysian residents will be taxed on foreign sourced income remitted to Malaysia from 1 Jan 2022. How to get around this? I might go work overseas next year and most of salary will salary TT to my account here. Will I be considered Malaysian resident if I spend most of my days abroad? I know LHDN has few criteria to define Malaysian Tax resident. Is this same criteria to define Malaysian resident?
*
If you stay out of Malaysia more than 180 days, then you file as Non Resident Tax, form M. Income shall be those derrive from Malaysia soil only.
veiven
post Oct 30 2021, 07:10 PM

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QUOTE(MUM @ Oct 13 2021, 02:31 PM)
GSK & Associates, May 24, 2019

FOREIGN-SOURCED INCOME - MALAYSIAN INCOME TAX
Updated: Nov 17, 2020

Foreign-sourced income is NOT subject to tax in Malaysia, except for certain activities, such as banking, insurance, and air and sea transport operations.
References - Income Tax Act, 1967
Section 3 of the Income Tax Act, 1967 (ITA) states that “income shall be charged for the income of any person accruing in or derived from Malaysia or received in Malaysia from outside Malaysia”.
The phrase accruing in or derive from Malaysia means the source of income must be in Malaysia

With effect from YA 2004, foreign source income derived from sources outside Malaysia and received in Malaysia by any person is NOT subject to Malaysian income tax

Section 12 of the Income Tax Act, 1967 is about the determining the source of income or derivation of income

The tax exemption is stated in the Schedule 6, Paragraph 28 of the Income Tax Act, 1967 - click the link below for the PDF copy of the Schedule 6;

www.hasil.gov.my/pdf/pdfam/Schedule_6.pdf
http://phl.hasil.gov.my/pdf/pdfam/Schedule_6.pdf
How to determine income derived from Malaysia or Outside Malaysia (Foreign-Sourced)

Derivation of income is defined in Section 12 of the ITA.

Determining the source of income is indeed difficult and often open to discussion and also can be complex and contentious.
There is no exact guide that can be applied to every scenario to determine whether an income is Malaysian-sourced or foreign-sourced.
It depends on the nature of the income and of the business transactions which give rise to such income.


Generally, the income shall be deemed derived from outside Malaysia if the income is attributed directly to activities conducted outside Malaysia.
The burden is on the tax payer to prove that his income is foreign-sourced.
As per the Section 12(1)(a), gross income that is not attributable to operations of business carried on outside Malaysia would be deemed Malaysian derived income.
Therefore, if the gross income is related to the work performed outside Malaysia and the taxpayer wishes to treat it as foreign source income, the taxpayer would need to substantiate that it is attributable to operations of business carried on outside Malaysia. 
General points to consider in determining source of income

Where does the contracts concluded - in Malaysia or Outside Malaysia?

Whether the ownership risk of the business is in Malaysia or Outside Malaysia

Whether services are rendered in Malaysia or Outside Malaysia
Briefly on Section 12 (1) & 12 (2):
more ....
https://www.gskassociates.net/post/foreign-...sian-income-tax
*
This is confusing, sorry Ayam English is bad,

I’m doing freelance and have some affiliate / commission for what I sold to a U.S company, I get commission in USD.

I shall assume it’s taxable right ?

I haven’t remit any money back atm.

MUM
post Oct 30 2021, 07:35 PM

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QUOTE(veiven @ Oct 30 2021, 07:10 PM)
This is confusing, sorry Ayam English is bad,

I’m doing freelance and have some affiliate / commission for what I sold to a U.S company, I get commission in USD.

I shall assume it’s taxable right ?

I haven’t remit any money back atm.
*
according to this Jun 25, 2019 blog postings

What if your freelance income is from outside of Malaysia?
For freelancers, earning revenue from foreign companies (not based or registered in Malaysia) is not uncommon.
Here’s some good news, income earned from outside Malaysia is excluded from tax as of YA 2004.
https://www.biztory.com.my/freelancer-have-...-in-malaysia-2/

veiven, updated info,...just in case you missed this latest info
but, but
In the Budget, it has been proposed that income tax be imposed on residents in Malaysia with income derived from foreign sources and received in Malaysia from Jan 1, 2022.
https://www.theedgemarkets.com/article/delo...crease-tax-bill

This post has been edited by MUM: Oct 30 2021, 08:17 PM
dwRK
post Oct 30 2021, 07:44 PM

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QUOTE(baby_4ever @ Oct 30 2021, 06:18 PM)
Why on earth in budget, only now they say foreign income now taxable from January 2022? Dont tell me they only targeting those income overseas and living overseas.
*
living overseas income overseas not affected

this targeting online sellers/traders, freelancers, etc...
dwRK
post Oct 30 2021, 07:47 PM

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QUOTE(MUM @ Oct 30 2021, 07:35 PM)
according to this Jun 25, 2019 blog postings

What if your freelance income is from outside of Malaysia?
For freelancers, earning revenue from foreign companies (not based or registered in Malaysia) is not uncommon.
Here’s some good news, income earned from outside Malaysia is excluded from tax as of YA 2004.
https://www.biztory.com.my/freelancer-have-...-in-malaysia-2/
*
info obsolete come 2022...
dwRK
post Oct 30 2021, 07:55 PM

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QUOTE(veiven @ Oct 30 2021, 07:10 PM)
This is confusing, sorry Ayam English is bad,

I’m doing freelance and have some affiliate / commission for what I sold to a U.S company, I get commission in USD.

I shall assume it’s taxable right ?

I haven’t remit any money back atm.
*
Yes taxable... how to calc have to wait for 2022...

prior to 2022 not taxable, but better take snapshot ye2021
SUSxander83
post Oct 30 2021, 09:22 PM

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QUOTE(baby_4ever @ Oct 30 2021, 06:18 PM)
Why on earth in budget, only now they say foreign income now taxable from January 2022? Dont tell me they only targeting those income overseas and living overseas.
*
Cause govt is broke and not able to find any way to raise taxes so this is best way to tax and grow the local economy instead doh.gif
baby_4ever
post Oct 30 2021, 10:36 PM

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QUOTE(dwRK @ Oct 30 2021, 07:44 PM)
living overseas income overseas not affected

this targeting online sellers/traders, freelancers, etc...
*
I believe so as well, it’s targeting to income not under taxable categories all these while.
iammyself
post Oct 30 2021, 10:49 PM

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QUOTE(veiven @ Oct 30 2021, 07:10 PM)
This is confusing, sorry Ayam English is bad,

I’m doing freelance and have some affiliate / commission for what I sold to a U.S company, I get commission in USD.

I shall assume it’s taxable right ?

I haven’t remit any money back atm.
*
Source (1): LHDN: https://phl.hasil.gov.my/pdf/pdfam/PR_12_2019.pdf

Source (2): https://www.thesundaily.my/business/is-fore...xable-HF7986977

If individuals are managing their business or carrying out the business of investments overseas from a base in Malaysia and most activities in connection with the purchase and sale or the business decisions needed to run the overseas operations are undertaken in Malaysia, income from such activities, although earned overseas, will be treated as domestic source and taxed in Malaysia. The reason for taxing such income in Malaysia is because the key activities giving rise to the generation of that income is based in Malaysia.

Another thing I want to point out is this. In Malaysia, cash-basis accounting is not allowed when it comes to tax-related calculations.
The rule is to use accrual accounting which means you have to file for tax based on your statement/invoice date.
This is true EVEN if you haven't remitted back the money.
See Source(1) for official examples from LHDN.
veiven
post Oct 30 2021, 10:58 PM

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QUOTE(iammyself @ Oct 30 2021, 10:49 PM)
Source (1): LHDN:  https://phl.hasil.gov.my/pdf/pdfam/PR_12_2019.pdf

Source (2): https://www.thesundaily.my/business/is-fore...xable-HF7986977

If individuals are managing their business or carrying out the business of investments overseas from a base in Malaysia and most activities in connection with the purchase and sale or the business decisions needed to run the overseas operations are undertaken in Malaysia, income from such activities, although earned overseas, will be treated as domestic source and taxed in Malaysia. The reason for taxing such income in Malaysia is because the key activities giving rise to the generation of that income is based in Malaysia.

Another thing I want to point out is this. In Malaysia, cash-basis accounting is not allowed when it comes to tax-related calculations.
The rule is to use accrual accounting which means you have to file for tax based on your statement/invoice date.
This is true EVEN if you haven't remitted back the money.
See Source(1) for official examples from LHDN.
*
But in my case, all activities are run overseas.
As in, I earn sth like sort of a middleman fees.

I suppose that also means the activities are in Malaysia because I’m in Malaysia ?

iammyself
post Oct 30 2021, 11:08 PM

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QUOTE(MUM @ Oct 30 2021, 07:35 PM)
according to this Jun 25, 2019 blog postings

What if your freelance income is from outside of Malaysia?
For freelancers, earning revenue from foreign companies (not based or registered in Malaysia) is not uncommon.
Here’s some good news, income earned from outside Malaysia is excluded from tax as of YA 2004.
https://www.biztory.com.my/freelancer-have-...-in-malaysia-2/

veiven, updated info,...just in case you missed this latest info
but, but
In the Budget, it has been proposed that income tax be imposed on residents in Malaysia with income derived from foreign sources and received in Malaysia from Jan 1, 2022.
https://www.theedgemarkets.com/article/delo...crease-tax-bill
*
I can tell you the biztory post is 100% wrong.

There is A LOT of confusion regarding "foreign income."

Foreign Income has a SPECIFIC definition. Not ALL money you make from abroad is considered Foreign Income.
The KEY is the LOCATION where substantial economic activities are performed.

Examples of Foreign Income
1. You live in Johor, commute to work in Singapore daily (pay taxes in Singapore instead)
2. You're a Malaysian YouTuber, you live and make videos in Tokyo that generate revenue from ads. (pay taxes in Japan instead)
3. You found a job in Australia after graduating in 2015 and worked there until 2019. The salary is foreign income. (pay taxes in Australia)
4. You're a freelance graphic designer. Your client from the US paid you to work at their US office for x months. (pay taxes in US)

NOT FOREIGN INCOME:-
1. You live in Johor, you travel daily to wholesale nasi lemak to someone in Singapore.
2. You're a Malaysian YouTuber, you live and make videos in Perlis that generate revenue in USD.
3. You found a job in Australia, but you work remotely from your home office in Sabah. You're paid in AUD. It's NOT foreign income.
4. You're a freelance graphic designer. You're based KL, but your clients are from the US.



iammyself
post Oct 30 2021, 11:16 PM

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QUOTE(veiven @ Oct 30 2021, 10:58 PM)
But in my case, all activities are run overseas.
As in, I earn sth like sort of a middleman fees.

I suppose that also means the activities are in Malaysia because I’m in Malaysia ?
*
For your freelance work, I'm certain that it's not considered "Foreign Income." Since you said you're in Malaysia.

For your affiliate marketing biz, I guess it depends. If you don't actively work on it, and the whole website, server, etc. are all overseas. I guess it can be considered "foreign income."?

However, say you work on it actively from Malaysia, doing things like adding content, maintenance, paying bills, advertising, marketing, etc--I would say it's not considered "foreign income."

Your safest bet is to ask an accountant OR call LHDN directly.
MUM
post Oct 30 2021, 11:19 PM

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QUOTE(iammyself @ Oct 30 2021, 11:08 PM)
I can tell you the biztory post is 100% wrong.

There is A LOT of confusion regarding "foreign income."

Foreign Income has a SPECIFIC definition. Not ALL money you make from abroad is considered Foreign Income.
The KEY is the LOCATION where substantial economic activities are performed.

Examples of Foreign Income
1. You live in Johor, commute to work in Singapore daily (pay taxes in Singapore instead)
2. You're a Malaysian YouTuber, you live and make videos in Tokyo that generate revenue from ads.  (pay taxes in Japan instead)
3. You found a job in Australia after graduating in 2015 and worked there until 2019. The salary is foreign income.  (pay taxes in Australia)
4. You're a freelance graphic designer. Your client from the US paid you to work at their US office for x months. (pay taxes in US)
(the above is under double taxation agreement,...where you are taxed once only??)
also
For an individual residing in Malaysia for a period exceeding 183 days, the individual is deemed to be a resident for tax purposes in Malaysia under the ITA 1967.
However, if the said individual does not receive any income deriving from Malaysia and only receives employment income derived from Singapore, then the individual is still not liable for tax in Malaysia.
The resident status of an individual in Malaysia will not automatically result in the income received by the individual to be subjected to Malaysian tax laws.
https://www.theedgemarkets.com/article/taxp...axable-malaysia

NOT FOREIGN INCOME:-
1. You live in Johor, you travel daily to wholesale nasi lemak to someone in Singapore.
2. You're a Malaysian YouTuber, you live and make videos in Perlis that generate revenue in USD.
3. You found a job in Australia, but you work remotely from your home office in Sabah. You're paid in AUD. It's NOT foreign income.
4. You're a freelance graphic designer. You're based KL, but your clients are from the US.

according to this
With effect from YA 2004, foreign source income derived from sources outside Malaysia and received in Malaysia by any person (other than a resident company carrying on the business of banking, insurance or sea or air transport) is not subject to Malaysian income tax. (exclude the latest Budget 2022 proposed criteria)

https://www.3ecpa.com.my/resources/malaysia...sourced-income/
*
This post has been edited by MUM: Oct 30 2021, 11:30 PM
veiven
post Oct 30 2021, 11:20 PM

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QUOTE(iammyself @ Oct 30 2021, 11:16 PM)
For your freelance work, I'm certain that it's not considered "Foreign Income." Since you said you're in Malaysia.

For your affiliate marketing biz, I guess it depends. If you don't actively work on it, and the whole website, server, etc. are all overseas. I guess it can be considered "foreign income."?

However, say you work on it actively from Malaysia, doing things like adding content, maintenance, paying bills, advertising, marketing, etc--I would say it's not considered "foreign income."

Your safest bet is to ask an accountant OR call LHDN directly.
*
I see, ok thanks !
dwRK
post Oct 30 2021, 11:36 PM

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QUOTE(iammyself @ Oct 30 2021, 11:08 PM)
I can tell you the biztory post is 100% wrong.

There is A LOT of confusion regarding "foreign income."

Foreign Income has a SPECIFIC definition. Not ALL money you make from abroad is considered Foreign Income.
The KEY is the LOCATION where substantial economic activities are performed.

Examples of Foreign Income
1. You live in Johor, commute to work in Singapore daily (pay taxes in Singapore instead)
2. You're a Malaysian YouTuber, you live and make videos in Tokyo that generate revenue from ads.  (pay taxes in Japan instead)
3. You found a job in Australia after graduating in 2015 and worked there until 2019. The salary is foreign income.  (pay taxes in Australia)
4. You're a freelance graphic designer. Your client from the US paid you to work at their US office for x months. (pay taxes in US)

NOT FOREIGN INCOME:-
1. You live in Johor, you travel daily to wholesale nasi lemak to someone in Singapore.
2. You're a Malaysian YouTuber, you live and make videos in Perlis that generate revenue in USD.
3. You found a job in Australia, but you work remotely from your home office in Sabah. You're paid in AUD. It's NOT foreign income.
4. You're a freelance graphic designer. You're based KL, but your clients are from the US.
*
i think your examples are terbalik and some wrong

if I'm expat living, working, paying tax oversea... IRB has nothing on me... I'm tax residence country X and legally obligated to country X only, unless I also have income in Malaysia, then I also pay a flat rate tax on that income to IRB

foreign income is exactly that... you are local tax payer who is earning foreign income... currently you are exempted from any tax, but next year you need to pay

anyways I'm meeting IRB next week... will ask

This post has been edited by dwRK: Oct 30 2021, 11:43 PM
SUSTOS
post Oct 30 2021, 11:53 PM

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QUOTE(dwRK @ Oct 30 2021, 11:36 PM)
i think your examples are terbalik and some wrong

if I'm expat living, working, paying tax oversea... IRB has nothing on me... I'm tax residence country X and legally obligated to country X only, unless I also have income in Malaysia, then I also pay a flat rate tax on that income to IRB

foreign income is exactly that... you are local tax payer who is earning foreign income... currently you are exempted from any tax, but next year you need to pay

anyways I'm meeting IRB next week... will ask
*
Please tell IRB to exempt dividends and capital gains from overseas sourced investment...
iammyself
post Oct 31 2021, 12:03 AM

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QUOTE(dwRK @ Oct 30 2021, 11:36 PM)
anyways I'm meeting IRB next week... will ask
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Yes, please ask them.
dwRK
post Oct 31 2021, 12:04 AM

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QUOTE(TOS @ Oct 30 2021, 11:53 PM)
Please tell IRB to exempt dividends and capital gains from overseas sourced investment...
*
i no such power eh

I'm quite sure capital gain is not considered as foreign income... but dividends & interests should be

but I dunno the threshold when investment becomes trading... selling covered calls every week is probably not investing and if IRB put you in the trading bucket... your capital gains become taxable as foreign income
iammyself
post Oct 31 2021, 12:05 AM

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QUOTE(MUM @ Oct 30 2021, 11:19 PM)

*
Check out Example 2 in this article: https://www.theedgemarkets.com/article/taxp...axable-malaysia
MUM
post Oct 31 2021, 12:11 AM

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QUOTE(iammyself @ Oct 31 2021, 12:05 AM)
Tax treatment

Ahmad exercises employment in Singapore because he physically carries out his employment duties in Singapore.
Therefore, he derives employment income from Singapore, which, being not derived from Malaysia, is not subject to income tax in Malaysia.

When Ahmad brought his Singapore earnings to Malaysia to acquire the orchard, the foreign-sourced income received in Malaysia is specifically tax exempt under Paragraph 28 of Schedule 6 of the Income Tax Act.
The rental from the Singapore flat is derived from Singapore because the real property is situated there.
The source of the rental income is in Singapore. Ahmad receiving the rental income in ringgit in Malaysia does not change the fact that it is foreign-sourced income, which, even when received in Malaysia, is specifically tax exempt.

The net proceeds from the sale of the fruits on consignment to the Singapore fruit trader are derived from Malaysia as the fruits are produced in an orchard in Malaysia.
This is subject to tax in Malaysia as business income. The fact that it is paid in a foreign currency and in a foreign country does not change its Malaysian-derived nature. The proceeds must be brought to tax in Malaysia.

very clear don't they?
iammyself
post Oct 31 2021, 12:17 AM

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QUOTE(MUM @ Oct 31 2021, 12:11 AM)
Tax treatment

Ahmad exercises employment in Singapore because he physically carries out his employment duties in Singapore.
Therefore, he derives employment income from Singapore, which, being not derived from Malaysia, is not subject to income tax in Malaysia.

When Ahmad brought his Singapore earnings to Malaysia to acquire the orchard, the foreign-sourced income received in Malaysia is specifically tax exempt under Paragraph 28 of Schedule 6 of the Income Tax Act.
The rental from the Singapore flat is derived from Singapore because the real property is situated there.
The source of the rental income is in Singapore. Ahmad receiving the rental income in ringgit in Malaysia does not change the fact that it is foreign-sourced income, which, even when received in Malaysia, is specifically tax exempt.

The net proceeds from the sale of the fruits on consignment to the Singapore fruit trader are derived from Malaysia as the fruits are produced in an orchard in Malaysia.
This is subject to tax in Malaysia as business income. The fact that it is paid in a foreign currency and in a foreign country does not change its Malaysian-derived nature. The proceeds must be brought to tax in Malaysia.

very clear don't they?
*
Yes, it's very clear. That's why I shared it.

Anyway, I think there's some misunderstanding here.

I was pointing out that this particular point from the Biztory article is wrong:-

"For freelancers, earning revenue from foreign companies (not based or registered in Malaysia) is not uncommon. Here’s some good news, income earned from outside Malaysia is excluded from tax as of YA 2004."

This post has been edited by iammyself: Oct 31 2021, 12:17 AM
MUM
post Oct 31 2021, 12:23 AM

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QUOTE(iammyself @ Oct 31 2021, 12:17 AM)
Yes, it's very clear. That's why I shared it.

Anyway, I think there's some misunderstanding here.

I was pointing out that this particular point from the Biztory article is wrong:-

"For freelancers, earning revenue from foreign companies (not based or registered in Malaysia) is not uncommon. Here’s some good news, income earned from outside Malaysia is excluded from tax as of YA 2004."
*
hmm.gif mind telling where is "wrong"?

"For freelancers, earning revenue from foreign companies (not based or registered in Malaysia) is not uncommon. Here’s some good news, income earned from outside Malaysia is excluded from tax as of YA 2004."

i read as "For freelancers, earning revenue from foreign companies (not based or registered in Malaysia) is not uncommon. (means common)
Here’s some good news, income earned from outside Malaysia (refer to those Freelancers who earn foreign sourced income) is excluded from tax as of YA 2004."
iammyself
post Oct 31 2021, 12:30 AM

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QUOTE(MUM @ Oct 31 2021, 12:23 AM)
hmm.gif mind telling where is "wrong"?

"For freelancers, earning revenue from foreign companies (not based or registered in Malaysia) is not uncommon. Here’s some good news, income earned from outside Malaysia is excluded from tax as of YA 2004."

i read as "For freelancers, earning revenue from foreign companies (not based or registered in Malaysia) is not uncommon. (means common)
Here’s some good news, income earned from outside Malaysia (refer to those Freelancers who earn foreign sourced income) is excluded from tax as of YA 2004."
*
For freelancers based in Malaysia, revenue from foreign companies is not considered "foreign source income"...

It's considered locally derived. As such, it's taxable..... in MY.

Recall from the Ahmad's orchard example that "The net proceeds from the sale of the fruits on consignment to the Singapore fruit trader are derived from Malaysia as the fruits are produced in an orchard in Malaysia."

Freelancer = Ahmad
Freelancer's office = orchard
Service performed = fruit

This post has been edited by iammyself: Oct 31 2021, 12:31 AM
MUM
post Oct 31 2021, 12:40 AM

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QUOTE(iammyself @ Oct 31 2021, 12:30 AM)
For freelancers based in Malaysia, revenue from foreign companies is not considered "foreign source income"...

It's considered locally derived. As such, it's taxable..... in MY.

Recall from the Ahmad's orchard example that "The net proceeds from the sale of the fruits on consignment to the Singapore fruit trader are derived from Malaysia as the fruits are produced in an orchard in Malaysia."

Freelancer = Ahmad
Freelancer's office = orchard
Service performed = fruit
*
according to this
With effect from YA 2004, foreign source income derived from sources outside Malaysia and received in Malaysia by any person (other than a resident company carrying on the business of banking, insurance or sea or air transport) is not subject to Malaysian income tax. (exclude the latest Budget 2022 proposed criteria)

https://www.3ecpa.com.my/resources/malaysia...sourced-income/

Are all earnings considered taxable and what tax form should freelancers use?
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. (before the latest Budget 2022 announcement)
https://www.comparehero.my/budgets-tax/arti...eelancer_easier

isn't that same/similar as by biztory?

hmm.gif hmm.gif Ahmad is under business,...in business they have expenses and need to calculates the P/L for tax purposes.
will it be? ....income sourced overseas in not taxed, but the income added into Ahmad business a/c will make the business has more more profits thus be taxed more?? sweat.gif sweat.gif confused.gif

some court cases on Local Income Versus Foreign Income
https://chengco.com.my/wp/2018/03/16/local-...foreign-income/

This post has been edited by MUM: Oct 31 2021, 02:04 AM
MUM
post Oct 31 2021, 01:49 AM

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QUOTE(iammyself @ Oct 31 2021, 12:30 AM)
For freelancers based in Malaysia, revenue from foreign companies is not considered "foreign source income"...
........

*
hmm.gif i think i am beginning to get what you meant,....
i think you could be right notworthy.gif

thus i think they want to clear off all doubts,..effective Jan 2022, in Budget 2022, they propose the change

This post has been edited by MUM: Oct 31 2021, 02:08 AM
joeeh11 P
post Oct 31 2021, 03:47 AM

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QUOTE(dwRK @ Oct 31 2021, 12:04 AM)
i no such power eh

I'm quite sure capital gain is not considered as foreign income... but dividends & interests should be

but I dunno the threshold when investment becomes trading... selling covered calls every week is probably not investing and if IRB put you in the trading bucket... your capital gains become taxable as foreign income
*
May I know if an individual(staying in Msia) has an account with a brokerage/bank located in Singapore and he invested in the foreign stocks(e.g. in NYSE, SGX and etc.) and earned some dividends.
Those dividends are directly remitted into the account located in SG. Will this kind of dividends be taxable when it's transferred back to Msia later(e.g. maybe 5 years later)?

Also, how about if those dividends had already been taxed by the foreign gov in the first place(e.g. the 30% dividend withholding tax imposed by the US gov to those non-resident investors)?
So, would such dividends be taxed again in Msia? If yes then this is taxing of the same income twice(Double tax).

Thanks
SUSxander83
post Oct 31 2021, 03:54 AM

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QUOTE(joeeh11 @ Oct 31 2021, 03:47 AM)
May I know if an individual(staying in Msia) has an account with a brokerage/bank located in Singapore and he invested in the foreign stocks(e.g. in NYSE, SGX and etc.) and earned some dividends.
Those dividends are directly remitted into the account located in SG. Will this kind of dividends be taxable when it's transferred back to Msia later(e.g. maybe 5 years later)?

Also, how about if those dividends had already been taxed by the foreign gov in the first place(e.g. the 30% dividend withholding tax imposed by the US gov to those non-resident investors)?
So, would such dividends be taxed again in Msia? If yes then this is taxing of the same income twice(Double tax).

Thanks
*
Both scenarios won’t be taxed because it is not income derived from foreign sources

The tax will only applicable to those who actually deriving revenues abroad which is consider as income to IRB hence taxable while basing in Malaysia for more than 182 days a year
Ramjade
post Oct 31 2021, 07:05 AM

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QUOTE(joeeh11 @ Oct 31 2021, 03:47 AM)
May I know if an individual(staying in Msia) has an account with a brokerage/bank located in Singapore and he invested in the foreign stocks(e.g. in NYSE, SGX and etc.) and earned some dividends.
Those dividends are directly remitted into the account located in SG. Will this kind of dividends be taxable when it's transferred back to Msia later(e.g. maybe 5 years later)?

Also, how about if those dividends had already been taxed by the foreign gov in the first place(e.g. the 30% dividend withholding tax imposed by the US gov to those non-resident investors)?
So, would such dividends be taxed again in Msia? If yes then this is taxing of the same income twice(Double tax).

Thanks
*
Wait for more info starting Jan 2022. My guess is they won't tax. Cause if tax, they themselves also kena. But we won't know. Govt now desperate.

I think that's where you need to fill for tax refund. Hassle but if you don't file, it's free money for govt. If you file, you get back what the govt owe you.

For me, I make sure that the govt owes me and not I owe them.

QUOTE(xander83 @ Oct 31 2021, 03:54 AM)
Both scenarios won’t be taxed because it is not income derived from foreign sources

The tax will only applicable to those who actually deriving revenues abroad which is consider as income to IRB hence taxable while basing in Malaysia for more than 182 days a year
*
Let's wait until 2022 for more clearity.
baby_4ever
post Oct 31 2021, 07:15 AM

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Bottom line, previously non taxable foreign income for Tax-Resident in Malaysia will be taxed. It’s not taxable previously (thanks for those voluntary declare and pay).
dwRK
post Oct 31 2021, 07:49 AM

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QUOTE(joeeh11 @ Oct 31 2021, 03:47 AM)
May I know if an individual(staying in Msia) has an account with a brokerage/bank located in Singapore and he invested in the foreign stocks(e.g. in NYSE, SGX and etc.) and earned some dividends.
Those dividends are directly remitted into the account located in SG. Will this kind of dividends be taxable when it's transferred back to Msia later(e.g. maybe 5 years later)?

Also, how about if those dividends had already been taxed by the foreign gov in the first place(e.g. the 30% dividend withholding tax imposed by the US gov to those non-resident investors)?
So, would such dividends be taxed again in Msia? If yes then this is taxing of the same income twice(Double tax).

Thanks
*
let's wait for 2022 since we dunno the new details...

the existing law gives some conditions to determine taxability, such as your tax residency and the effort ("major economic activity") to earn this foreign income... hence you are not taxable under the old law

as for existing monies kept overseas and repatriated later... my guess is no but I will ask...

This post has been edited by dwRK: Oct 31 2021, 08:02 AM
galaxynote259
post Nov 5 2021, 11:29 PM

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Hey guys! I'm a freelancer based in Malaysia, my income comes from international clients. I understand that Malaysia will tax me if I bring the income back to Malaysia. Do you have any idea how to keep my income overseas?

Some of the things that crossed my mind:
1. offshore bank account like HSBC premier?
2. apply for a VISA in zero/low tax places like UAE, Mauritius, etc, then get a bank account there?
3. Keeping my funds in Paypal/payoneer/wise accounts?

Thanks for your input!
MUM
post Nov 5 2021, 11:43 PM

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QUOTE(galaxynote259 @ Nov 5 2021, 11:29 PM)
Hey guys! I'm a freelancer based in Malaysia, my income comes from international clients. I understand that Malaysia will tax me if I bring the income back to Malaysia. Do you have any idea how to keep my income overseas?

Some of the things that crossed my mind:
1. offshore bank account like HSBC premier?
2. apply for a VISA in zero/low tax places like UAE, Mauritius, etc, then get a bank account there?
3. Keeping my funds in Paypal/payoneer/wise accounts?

Thanks for your input!
*
mind sharing what is the estimated income that is derived from foreign source per year?
since you mentioned that your income comes from international clients.....how do you sustain that income without any income to support your expenses locally?

btw,
for your mentioned item 1 & 2,....are you eligible to apply or do that?

This post has been edited by MUM: Nov 5 2021, 11:54 PM
Ramjade
post Nov 6 2021, 09:51 PM

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QUOTE(galaxynote259 @ Nov 5 2021, 11:29 PM)
Hey guys! I'm a freelancer based in Malaysia, my income comes from international clients. I understand that Malaysia will tax me if I bring the income back to Malaysia. Do you have any idea how to keep my income overseas?

Some of the things that crossed my mind:
1. offshore bank account like HSBC premier?
2. apply for a VISA in zero/low tax places like UAE, Mauritius, etc, then get a bank account there?
3. Keeping my funds in Paypal/payoneer/wise accounts?

Thanks for your input!
*
It's not confirm yet how it will be taxxed. Whether you bring back your money or don't bring back money will be tax or only when you bring back money.

If it is the latter, eventually some how you need to bring back the money. If it's the latter and say they give you allowance of say tax free for the first RM10k, can you survive in RM10k/year?

1. Unless you are really rich and stupid and have no place to park your money, you are basically locking up RM250k. RM250k which can be used for investment or better stuff like buying a house.
2. If it's the first one where you will be taxed regardless of you were to brnig money back or don't bring it back, then overseas bank account or visa will not be helpful. If it's the first one, the only way around it is
1) setting up trust fund
2) renouncing your Malaysian IC
3) Keep in mind PayPal charges 4% for all incoming funds if I am not mistaken. Wise only let you keep max RM 20k inside borderless account. Keep in mind, Malaysian now don't get access to borderless account unless you are the early ones in.

For me, if I were in your shoes, I will open a sg bank account. You can check out the steps here.
https://ringgitfreedom.com/banking/opening-...for-malaysians/

That's only for holding SGD. If you want to hold other currency account, I recommend DBS My account. The steps are listed below.

This method might take few steps but will save you quite a lot of money going into the future.
1. Do not use PayPal what so ever.
2. Fly into singaootre and undergo their quarantine if necessary. Now Malaysia can fly outside. Use this opportunity.
3. After finishing your quarantine, take MRT or bus to Marina bay financial center.
4. Go to DBS HQ and tell them you want to open DBS Multiplier account/My account (yes the name is called My account) together with DBS Vickers. Very important for you to mentioned DBS Vickers. This is the criteria for you to open account is Malaysian. Dbs vickers is their stock broker account. You don't need to use it or fund it also can. But if you want their account, you need a DBS Vickers account. Be prepared to wait 3-4 hours there. I waited 3-4 hours there.

What is this DBS multiplier/My account?
It's a Multicurrency account that you can hold yes 10 types of currency including USD. You can use it to received, hold and send USD. Tried and tested myself.
Best of all you only pay USD10.00 for all incoming USD. Yup that's it.

Why DBS My account?
Dbs multiplier need to you to maintain SGD3000 at all time or else if it drop below SGD 3k, you will be charged I believed SGD5.00/month.
Now with DBS My account I only keep SGD0.10 inside as there no minimum amount (stated in their T&C). True story. Didn't believed it until I tested it.
More info here.
https://www.dbs.com.sg/personal/deposits/sa...unts/my-account

What happen if they refuse to let you open My account?
No issue. Just take whatever account they give you. But I thought you said to get My account. Yes. That's right. But most important is get account with DBS bank.
After 6 months, you can open a DBS My account online and close your DBS multiplier and transfer all your SGD/USD into your new My account. I waited for 7 months before doing that. They mentioned in their terms and condition I believed need to wait 6 months before closing account biggrin.gif

Remember to ask for their DBS Debit visa card. This card lets you spend like a local. Which means if you have USD in your bank account, it will automatically use the USD account first before they use the SGD part. No additional charged. Alternative use Bigpay.

5. Now that's all set up, fly back to Malaysia.

6. Quarantine again in Malaysia if needed.

7. Once at home, open interactive broker account here.
https://www.interactivebrokers.com/en/home.php. Make sure to fund it with at least SGD7.00. You can use the DBS account to fund the interactive broker via FAST transfer (SG version of Duitnow/IBFT).
https://betterspider.com/funding-your-accou...ractivebrokers/

So that means you need about SGD3007 in total.

Why interactive broker? It doesn't make any sense.
Interactive broker give you the best exchange rate anywhere on the planet for all currency. It's spot rates (real time market rates without any markup) and best of all you only need to pay USD2.00/conversion up to USD 1,000,000. More than that you pay lesser.
https://www.interactivebrokers.com/en/index.php?f=1590&p=fx
My friend told me it's USD100,000 but interactive broker webpage mentioned USD1,000,000. Not sure who's right. Anyway don't have that kind of money. The rates you are getting will be way better that any money changer rate.

It will make sense down the road. Continue reading on.

Keep in mind interactive broker allow you one free withdrawal of currency in whatever currency you want to withdraw a month. More that that you pay.
https://www.interactivebrokers.com/en/index...8#cash-movement

8. Open CIMB sg account.
Full details here
https://ringgitfreedom.com/banking/opening-...for-malaysians/

For verification part to activate your CIMB Fastsaver you need to transfer SGD1k. So that means you need SGD4007 in total not SGD3007 as mentioned aboved.

There's two way to pass their eKyc
1. Use your new DBS account and send SGD1000 over via FAST (the original way I used and the way it's intended)
2. Use CIMB MY (yes you need CIMB MY account) and send SGD1.00 into your CIMB SG account.
Once you have SGD1.00 send use fintech like bigpay, TransferWise and Sunway money to transfer the remaining SGD999.00

Once account activated they will tell you via email and send over a bunch of codes for login via snail mail. Be patient. Wait like 2 weeks to 1 month.

Now that you have all uo and running, let's get to the fun part. How to get paid in USD and change it to Malasysin currency without losing like 4% eacv transaction and without losing additional money for intermediate bank agent transfer.

Paid in USD -> DBS Multiplier/My account (only pay USD10.00. That's all) -> Now that you have USD in your DBS bank account -> initiate a USD transfer into Interactive broker via DBS remit for free. Make sure to notify interactive broker of incoming USD with the bank account number that match your DBS Bank account without dash every time you want to send USD into interactive broker. Make sure under DBS Account select send USD and receiving side USD. Money takes few hours to enter Interactive broker account. -> once money enter into Interactive broker, convert into SGD using interactive broker. Do not use any banks. -> Initiate a withdrawal to CIMB Sg -> Use CIMB SG to send money back to CIMB MY at money changer rate.

Welcome. You have just successful dodge 4% PayPal fees and save some money.

So back to your original questions.

QUOTE
Currently, the cash flows from Revenue (USD) -> Local Bank Account (MYR) -> Expense (USD)

I'm losing like 5% from currency conversion and credit card transaction fees.

Paid in USD -> Deposit into DBS Multiplier/My account -> Hold USD at no interest -> 1) Expense (USD) 2) transfer back to Malaysia as shown above.

If you want to hack your USD to get some interest, I recommend researching pseudo bond stocks in US. Here are a few. Google, Amazon, apple, Microsoft and Canadian railway. By diverting USD into those stocks, you get paid to wait until you need to use the USD. Keep in mind this is not guaranteed. Hence you can lose your money.

Use the dbs visa debit card provided to fund your expenses. Remember to pay your tax to Malaysian govt if you don't want any problem

You are welcome.

You can do the above while waiting for 2022.

This post has been edited by Ramjade: Nov 6 2021, 10:33 PM
jack2
post Nov 6 2021, 10:59 PM

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QUOTE(galaxynote259 @ Nov 5 2021, 11:29 PM)
Hey guys! I'm a freelancer based in Malaysia, my income comes from international clients. I understand that Malaysia will tax me if I bring the income back to Malaysia. Do you have any idea how to keep my income overseas?

Some of the things that crossed my mind:
1. offshore bank account like HSBC premier?
2. apply for a VISA in zero/low tax places like UAE, Mauritius, etc, then get a bank account there?
3. Keeping my funds in Paypal/payoneer/wise accounts?

Thanks for your input!
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Regardless whether the new tax law will be implemented or not, you will be taxed as your income derived in[U] Malaysia. It doesn't care who and where your clients are from.

Hansel
post Nov 7 2021, 04:25 PM

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QUOTE(Ramjade @ Nov 6 2021, 09:51 PM)

2. Fly into Singapore and undergo their quarantine if necessary. Now Malaysia can fly outside. Use this opportunity.

3. After finishing your quarantine, take MRT or bus to Marina bay financial center.

5. Now that's all set up, fly back to Malaysia.

6. Quarantine again in Malaysia if needed.

*
SG now does not allow any Msian in unless you have familial ties there. See VTL procedures below.

https://safetravel.ica.gov.sg/vtl/requirements-and-process
Ramjade
post Nov 8 2021, 12:09 AM

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QUOTE(Hansel @ Nov 7 2021, 04:25 PM)
SG now does not allow any Msian in unless you have familial ties there. See VTL procedures below.

https://safetravel.ica.gov.sg/vtl/requirements-and-process
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Actually I think can still fly in. Only need to quarantine there.
leesw2263 P
post Nov 8 2021, 01:41 AM

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Hi Ramjade and other forumers,

I had opened the CIMB fastsaver account last 2 months ago. (follow the guide from lowyat)
Currently, I am receiving my commission/business referral fee from Hongkong and Singapore company.
(HK and Spore company sell directly to customer in Vietnam and Malaysia), I just act as agent to make the deal and collection done, then they pay the certain amount to me)

They TT in USD into my fastsaver account which automatically converted in SGD.
So far, not an issue to receive via this method.

May I know, any amount restriction of them to TT to my fastsaver account?
Fyi, I had instructed them to split the amount USD5k each to transfer into my account just dont want to alert bank as USD TT is quite sensitive... (total commission let say about USD10k)

I am currently based in Malaysia with other employment.

I did a transfer from fastsaver into my CIMB Msia account and it took only few minute to sight the incoming fund.

This extra income, should I make a declaration to Msia tax department or it is exempted as considered foreign source income?

If business is good, I may receiving few K USD per month, but still subject to sales concluded or not.


Let say, if I wish to keep my extra income in Fastsaver account, and amount is growing big few years later, bank will question me?
AS I m thinking to save it for my future kids education in Singapore later. maybe 10 years later...

Appreciate your comments

Thanks
Lee
baby_4ever
post Nov 8 2021, 01:49 AM

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The only one confused here is the one already declared foreign income and paying taxes all this while.

But only from 1st Jan 2022 it’s official taxable.

Happy?
MUM
post Nov 8 2021, 02:00 AM

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QUOTE(leesw2263 @ Nov 8 2021, 01:41 AM)
Hi Ramjade
...............
..............
Let say, if I wish to keep my extra income in Fastsaver account, and amount is growing big few years later, bank will question me?
AS I m thinking to save it for my future kids education in Singapore later. maybe 10 years later...

Appreciate your comments

Thanks
Lee
*
while waiting for his response,
you can try his recent 6 Nov post
as in post 16
in this thread
https://forum.lowyat.net/topic/5212522

on this "This extra income, should I make a declaration to Msia tax department or it is exempted as considered foreign source income?"
In the Budget 2022, it has been proposed that income tax be imposed on residents in Malaysia with income derived from foreign sources and received in Malaysia from Jan 1, 2022.
read the link in post 39 page 2
https://forum.lowyat.net/topic/3524728/+20

This post has been edited by MUM: Nov 8 2021, 02:06 AM
Hansel
post Nov 8 2021, 07:56 AM

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QUOTE(Ramjade @ Nov 8 2021, 12:09 AM)
Actually I think can still fly in. Only need to quarantine there.
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Not for non-political and state reasons. Look at the website for application for non-familial ties.

Edited by adding : Have you tried ? Please do not reply by saying you don't have a need to go to SG now.

This post has been edited by Hansel: Nov 8 2021, 07:57 AM
Hoshiyuu
post Nov 9 2021, 03:32 PM

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Ramjade, share your crystal ball with me next time... 🤣

https://www.straitstimes.com/singapore/tran...vel-from-nov-29

This post has been edited by Hoshiyuu: Nov 9 2021, 03:32 PM
Ramjade
post Nov 9 2021, 04:05 PM

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QUOTE(Hansel @ Nov 8 2021, 07:56 AM)
Not for non-political and state reasons. Look at the website for application for non-familial ties.

Edited by adding : Have you tried ? Please do not reply by saying you don't have a need to go to SG now.
*
See below. tongue.gif
My assumption was based off a news I saw about a guy travel to China for business stuff and he had to quarantine and swab 4 times if I am not mistaken. So yeah, borders are not exactly close. Just need to quarantine.

QUOTE(Hoshiyuu @ Nov 9 2021, 03:32 PM)
Ramjade, share your crystal ball with me next time... 🤣

https://www.straitstimes.com/singapore/tran...vel-from-nov-29
*
Never thought that news will be released as I thought sg govt is holding back to prevent Malaysian entry.
wongmunkeong
post Nov 9 2021, 04:25 PM

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QUOTE(Hoshiyuu @ Nov 9 2021, 03:32 PM)
Ramjade, share your crystal ball with me next time... 🤣

https://www.straitstimes.com/singapore/tran...vel-from-nov-29
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Ramjade must be Irish - luck of the Irish and four leaf clover all that laugh.gif
Hoshiyuu
post Nov 9 2021, 04:30 PM

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QUOTE(Ramjade @ Nov 6 2021, 09:51 PM)
... This card lets you spend like a local. Which means if you have USD in your bank account, it will automatically use the USD account first before they use the SGD part. No additional charged. Alternative use Bigpay.
...


By the way, I've been wanting to ask in the other thread too - but when you say "use Bigpay" you mean Malaysian Bigpay account, reloaded via SG/Multicurrency Debit card, then with BigPay holding MYR, spend globally? I feel like I am missing something when you have mentioned twice that BigPay is the key to spending foreign income internationally,

Sorry if I terribly misquoted the information.

Ramjade
post Nov 9 2021, 04:33 PM

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QUOTE(Hoshiyuu @ Nov 9 2021, 04:30 PM)
By the way, I've been wanting to ask in the other thread too - but when you say "use Bigpay" you mean Malaysian Bigpay account, reloaded via SG/Multicurrency Debit card, then with BigPay holding MYR, spend globally? I feel like I am missing something when you have mentioned twice that BigPay is the key to spending foreign income internationally,

Sorry if I terribly misquoted the information.
*
Malaysian bigpay reloaded with RM and spend overseas. No way you can get SG bigpay. Another alternative is wait for youtrip and mymy to start operating maybe next year. I hear dit can be used to store foreign currency. But how, not sure yet.
Hoshiyuu
post Nov 9 2021, 04:41 PM

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QUOTE(Ramjade @ Nov 9 2021, 04:33 PM)
Malaysian bigpay reloaded with RM and spend overseas. No way you can get SG bigpay. Another alternative is wait for youtrip and mymy to start operating maybe next year. I hear dit can be used to store foreign currency. But how, not sure yet.
*
Thanks man. And yeah, hoping we can get some BNM approval on fintech that allows storing and spending foreign currency directly.... or foreign fintech that allow direct Malaysian registration biggrin.gif
leesw2263 P
post Nov 9 2021, 05:25 PM

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QUOTE(MUM @ Nov 8 2021, 02:00 AM)
while waiting for his response,
you can try his recent 6 Nov post
as in post 16
in this thread
https://forum.lowyat.net/topic/5212522

on this "This extra income, should I make a declaration to Msia tax department or it is exempted as considered foreign source income?"
In the Budget 2022, it has been proposed that income tax be imposed on residents in Malaysia with income derived from foreign sources and received in Malaysia from Jan 1, 2022.
read the link in post 39 page 2
https://forum.lowyat.net/topic/3524728/+20
*
Thanks Bro.

Since this foreign source income new regulation will be revised in 2022.

My question is if I continue to accumulate and it may reach certain amount remain in Singapore acct.
I dont have intention to bring back malaysia since my current income is sufficient to cover my expenses here.

All income coming into my spore account with valid documentation ie commission agreement if bank ask to provide, can I leave it there for my future education plan for my kids.

Thank you.

MUM
post Nov 9 2021, 05:58 PM

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QUOTE(leesw2263 @ Nov 9 2021, 05:25 PM)
Thanks Bro.

Since this foreign source income new regulation will be revised in 2022.

My question is if I continue to accumulate and it may reach certain amount remain in Singapore acct.
I dont have intention to bring back malaysia since my current income is sufficient to cover my expenses here.

All income coming into my spore account with valid documentation ie commission agreement if bank ask to provide, can I leave it there for my future education plan for my kids.

Thank you.
*
hmm.gif since you will using it over there,...M'sia govt should not have reason to questions you...unless, it you need to bring it back,...then they may question you....

just my guesses only....

This post has been edited by MUM: Nov 9 2021, 06:48 PM
Ramjade
post Nov 9 2021, 06:27 PM

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QUOTE(leesw2263 @ Nov 9 2021, 05:25 PM)
Thanks Bro.

Since this foreign source income new regulation will be revised in 2022.

My question is if I continue to accumulate and it may reach certain amount remain in Singapore acct.
I dont have intention to bring back malaysia since my current income is sufficient to cover my expenses here.

All income coming into my spore account with valid documentation ie commission agreement if bank ask to provide, can I leave it there for my future education plan for my kids.

Thank you.
*
Wait for bill to pass. No point guessing now.
baby_4ever
post Nov 9 2021, 06:30 PM

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QUOTE(leesw2263 @ Nov 9 2021, 05:25 PM)
Thanks Bro.

Since this foreign source income new regulation will be revised in 2022.

My question is if I continue to accumulate and it may reach certain amount remain in Singapore acct.
I dont have intention to bring back malaysia since my current income is sufficient to cover my expenses here.

All income coming into my spore account with valid documentation ie commission agreement if bank ask to provide, can I leave it there for my future education plan for my kids.

Thank you.
*
Your bank dont have your details here ?

Some bank even collect income tax residency details, must declare this.
Hansel
post Nov 9 2021, 08:24 PM

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QUOTE(Ramjade @ Nov 9 2021, 04:05 PM)
See below. tongue.gif
My assumption was based off a news I saw about a guy travel to China for business stuff and he had to quarantine and swab 4 times if I am not mistaken. So yeah, borders are not exactly close. Just need to quarantine.
*
That guy was to China. I'm talking abt SG here,...

And the things I are debating with you is from pre-VTL for Msia,... don't talk abt post-VTL.
Ramjade
post Nov 10 2021, 03:49 PM

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QUOTE(Hansel @ Nov 9 2021, 08:24 PM)
That guy was to China. I'm talking abt SG here,...

And the things I are debating with you is from pre-VTL for Msia,... don't talk abt post-VTL.
*
Sorry. My bet. Went digging up how strict sg quarantine was. Even transit also block off.
lexusbaby
post Nov 11 2021, 06:10 AM

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QUOTE(dwRK @ Oct 30 2021, 09:04 AM)
i no such power eh

I'm quite sure capital gain is not considered as foreign income... but dividends & interests should be

but I dunno the threshold when investment becomes trading... selling covered calls every week is probably not investing and if IRB put you in the trading bucket... your capital gains become taxable as foreign income
*
Appreciate if you could bring up with IRB if opportunity arise notworthy.gif . Since the local dividend is not taxable income. Then, the law will only consistent that foreign dividend are not taxable also.
Hansel
post Nov 11 2021, 06:31 PM

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Frankly, bros,... I think IRB wouldn't really care under what category ur incoming funds would be in. Capital exemption or capital gains or option premiums,...

Your best bet now would be to quickly open a foreign bank account to park your funds in offshore. The plan your funds movement as the development of this new removal of exemption continues to take place.
dwRK
post Nov 11 2021, 10:12 PM

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QUOTE(Hansel @ Nov 11 2021, 06:31 PM)
Frankly, bros,... I think IRB wouldn't really care under what category ur incoming funds would be in. Capital exemption or capital gains or option premiums,...

Your best bet now would be to quickly open a foreign bank account to park your funds in offshore. The plan your funds movement as the development of this new removal of exemption continues to take place.
*
Yes boss... this is my problem now... looks like ANY inward remittance from Jan 1 is taxable income... all my savings is offshore, if they don't segregate old money (before Jan 1) vs new... I'm in big trouble
SUSTOS
post Nov 11 2021, 10:36 PM

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QUOTE(dwRK @ Nov 11 2021, 10:12 PM)
Yes boss... this is my problem now... looks like ANY inward remittance from Jan 1 is taxable income... all my savings is offshore, if they don't segregate old money (before Jan 1) vs new... I'm in big trouble
*
Luckily I have plenty of offshore bank accounts. tongue.gif
dwRK
post Nov 12 2021, 12:15 AM

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QUOTE(TOS @ Nov 11 2021, 10:36 PM)
Luckily I have plenty of offshore bank accounts. tongue.gif
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you misunderstood... I am remitting $5-10k per month for spending... tongue.gif
Hansel
post Nov 12 2021, 02:43 PM

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QUOTE(dwRK @ Nov 11 2021, 10:12 PM)
Yes boss... this is my problem now... looks like ANY inward remittance from Jan 1 is taxable income... all my savings is offshore, if they don't segregate old money (before Jan 1) vs new... I'm in big trouble
*
QUOTE(dwRK @ Nov 12 2021, 12:15 AM)
you misunderstood... I am remitting $5-10k per month for spending...  tongue.gif
*
Bro,... just some suggetions,... you can do one of a few things now :-

1) remit back 6 mth to 1 year of funds now to cover yr expenses prior to Jan 1. As time goes by, procedures will be improved,... or this whole fiasco will just fail because it's not feasible to implement this for individuals.

2) start building up a local income-generating entity, eg set-up a business or something so that you won't need to use ur foreign income for expenses.

3) start establishing a residence somewhere else so that you don't need to stay in Msia for 183 days or more per any Financial Year. Then you would be a non-tax resident.
dwRK
post Nov 12 2021, 10:43 PM

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QUOTE(Hansel @ Nov 12 2021, 02:43 PM)
Bro,... just some suggetions,... you can do one of a few things now :-

1) remit back 6 mth to 1 year of funds now to cover yr expenses prior to Jan 1. As time goes by, procedures will be improved,... or this whole fiasco will just fail because it's not feasible to implement this for individuals.

2) start building up a local income-generating entity, eg set-up a business or something so that you won't need to use ur foreign income for expenses.

3) start establishing a residence somewhere else so that you don't need to stay in Msia for 183 days or more per any Financial Year. Then you would be a non-tax resident.
*
thanks for looking out... wink.gif

got a few options I'm exploring... will see how it goes lah...

abcn1n
post Nov 13 2021, 01:58 AM

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QUOTE(Hansel @ Nov 12 2021, 02:43 PM)
Bro,... just some suggetions,... you can do one of a few things now :-

1) remit back 6 mth to 1 year of funds now to cover yr expenses prior to Jan 1. As time goes by, procedures will be improved,... or this whole fiasco will just fail because it's not feasible to implement this for individuals.

2) start building up a local income-generating entity, eg set-up a business or something so that you won't need to use ur foreign income for expenses.

3) start establishing a residence somewhere else so that you don't need to stay in Msia for 183 days or more per any Financial Year. Then you would be a non-tax resident.
*
I really hope your point 1) where this fails and it won't be implemented for individuals really come true
lexusbaby
post Nov 13 2021, 03:46 AM

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QUOTE(dwRK @ Nov 11 2021, 07:12 AM)
Yes boss... this is my problem now... looks like ANY inward remittance from Jan 1 is taxable income... all my savings is offshore, if they don't segregate old money (before Jan 1) vs new... I'm in big trouble
*
dwrk, i'm in same shoes, i'm a non tax resident now, all saving are offshore. But eventually will need to repatriate those fund back for living expenses at retirement.

I really don't see IRB have the capacity to differentiate which income are earned before 2022, they will tax as long as the income is remit to Malaysia on Jan 1 2022 onwards.

If you are in those countries where Malaysia had DTA treaties, then can apply for certificate of residence to avoid the duplicate taxation.



dwRK
post Nov 13 2021, 09:05 AM

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QUOTE(lexusbaby @ Nov 13 2021, 03:46 AM)
dwrk, i'm in same shoes, i'm a non tax resident now, all saving are offshore. But eventually will need to repatriate those fund back for living expenses at retirement.

I really don't see IRB have the capacity to differentiate which income are earned before 2022, they will tax as long as the income is remit to Malaysia on Jan 1 2022 onwards.

If you are in those countries where Malaysia had DTA treaties, then can apply for certificate of residence to avoid the duplicate taxation.
*
gonna argue that old money is foreign savings... not sure can win case... lol... got bank statements and tax forms... can easily prove you're remitting old money...

an example is esos and share awards... if my tax has been paid when given and on vesting... when you remit the proceeds it should be tax free... anyways...

dwRK
post Nov 13 2021, 12:17 PM

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QUOTE(dwRK @ Nov 13 2021, 09:05 AM)
gonna argue that old money is foreign savings... not sure can win case... lol... got bank statements and tax forms... can easily prove you're remitting old money...

an example is esos and share awards... if my tax has been paid when given and on vesting... when you remit the proceeds it should be tax free... anyways...
*
ignore 1st para above

lawyer says only remitting capital no fsi tax... those were locally sourced and tax had been paid

This post has been edited by dwRK: Nov 13 2021, 12:18 PM
abcn1n
post Nov 13 2021, 03:37 PM

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QUOTE(lexusbaby @ Nov 13 2021, 03:46 AM)
dwrk, i'm in same shoes, i'm a non tax resident now, all saving are offshore. But eventually will need to repatriate those fund back for living expenses at retirement.

I really don't see IRB have the capacity to differentiate which income are earned before 2022, they will tax as long as the income is remit to Malaysia on Jan 1 2022 onwards.

If you are in those countries where Malaysia had DTA treaties, then can apply for certificate of residence to avoid the duplicate taxation.
*
I guess as a start, keep a copy of overseas bank statements as at 31/12/2021.
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post Nov 13 2021, 08:36 PM

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QUOTE(dwRK @ Nov 13 2021, 12:17 PM)
ignore 1st para above

lawyer says only remitting capital no fsi tax... those were locally sourced and tax had been paid
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It will be tedious explaining to the 'pegawai hasil' which is capital and which is dividend and furthermore, which is capital gains. You'll have to show your income statements and balance sheets from the foreign jurisdiction.
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post Nov 13 2021, 08:46 PM

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Bros,... I think,... there will be a time given for ea taxpayer to bring back ALL capital amts TAXFREE. After that cutoff date, anything else that is remitted back will be taxable.

The above was the first step the Widodo gov't did many years ago.
Hansel
post Nov 13 2021, 08:47 PM

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So many discussions on this matter,... LHDN readers here shld reimburse us for helping them to cover all possible corners of implementation.
Hansel
post Nov 13 2021, 08:49 PM

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But never mind-lar,... it's our national service here, since we don't need to go out there and carry arms to defend the ctry.
dwRK
post Nov 13 2021, 09:04 PM

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QUOTE(Hansel @ Nov 13 2021, 08:36 PM)
It will be tedious explaining to the 'pegawai hasil' which is capital and which is dividend and furthermore, which is capital gains. You'll have to show your income statements and balance sheets from the foreign jurisdiction.
*
imho quite simple lah...

just keep record of total $ exported... as long as $ imported is less... call that capital lor...
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post Nov 13 2021, 09:05 PM

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QUOTE(Hansel @ Nov 13 2021, 08:49 PM)
But never mind-lar,... it's our national service here, since we don't need to go out there and carry arms to defend the ctry.
*
What a joke laugh.gif
faradie
post Nov 13 2021, 09:42 PM

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We know our currency has depreciated like sxxx against the SGD. There will be realised forex gain is the money was sent back to Msia. Is this taxable?
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post Nov 13 2021, 09:45 PM

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QUOTE(faradie @ Nov 13 2021, 09:42 PM)
We know our currency has depreciated like sxxx against the SGD. There will be realised forex gain is the money was sent back to Msia. Is this taxable?
*
Definitely not, otherwise those Malaysians currently working in SG...

Forex is not "income" too unless you are a trader.
dwRK
post Nov 13 2021, 10:39 PM

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QUOTE(TOS @ Nov 13 2021, 09:45 PM)
Definitely not, otherwise those Malaysians currently working in SG...

Forex is not "income" too unless you are a trader.
*
bring back cpf is taxable... most likely top up tax... not spared...

Forex gain/loss is included in local company taxes... not sure about individuals... IRB says any $ remitted is taxable unless it has been taxed locally prior

des why ppl if not scratching head is banging the wall...
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post Nov 13 2021, 10:47 PM

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QUOTE(dwRK @ Nov 13 2021, 10:39 PM)
bring back cpf is taxable... most likely top up tax... not spared...

Forex gain/loss is included in local company taxes... not sure about individuals... IRB says any $ remitted is taxable unless it has been taxed locally prior

des why ppl if not scratching head is banging the wall...
*
CPF forex part is taxable? Don't scare me.
faradie
post Nov 13 2021, 11:02 PM

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QUOTE(TOS @ Nov 13 2021, 10:47 PM)
CPF forex part is taxable? Don't scare me.
*
Pubic hair also dropping. IMHO the biggest problem is having the records to prove to IRB that gains are not income but capital in nature. The headache may be too much might as well start remitting before 1/1/22 nanti health suffer kena worse than tax, stress not good for health man
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post Nov 13 2021, 11:05 PM

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QUOTE(faradie @ Nov 13 2021, 11:02 PM)
Pubic hair also dropping. IMHO the biggest problem is having the records to prove to IRB that gains are not income but capital in nature. The headache may be too much might as well start remitting before 1/1/22 nanti health suffer kena worse than tax, stress not good for health man
*
I will just print out my IBKR dividend statements and bank statements (interest from SG banks). The rest I won't bother. But if currency gains due to depreciation of MYR against SGD is really beyond my control, taxing that is very unfair.

dwRK
post Nov 13 2021, 11:46 PM

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QUOTE(TOS @ Nov 13 2021, 10:47 PM)
CPF forex part is taxable? Don't scare me.
*
you go work in SG... when retire got SGD 2m and CPF 2m... all SGD 4m is taxable when remitted

this my current understanding ah per the lawyer brief... he mentioned this case
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post Nov 13 2021, 11:51 PM

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QUOTE(TOS @ Nov 13 2021, 11:05 PM)
I will just print out my IBKR dividend statements and bank statements (interest from SG banks). The rest I won't bother. But if currency gains due to depreciation of MYR against SGD is really beyond my control, taxing that is very unfair.
*
Sg bank interest is pretty negligible. You think govt care it's fair? They just want your money.
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post Nov 13 2021, 11:56 PM

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QUOTE(dwRK @ Nov 13 2021, 11:46 PM)
you go work in SG... when retire got SGD 2m and CPF 2m... all SGD 4m is taxable when remitted

this my current understanding ah per the lawyer brief... he mentioned this case
*
So CPF is treated as "income" then. Noted.
dwRK
post Nov 14 2021, 12:39 AM

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QUOTE(TOS @ Nov 13 2021, 11:56 PM)
So CPF is treated as "income" then. Noted.
*
you migrate to SG probably won't come back lah...

If already retired can slowly bring back sgd without tax mah...

by that time surely got new tax laws...

anyways this fsi not yet passed... dunno the fine prints...
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post Nov 14 2021, 02:00 PM

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QUOTE(dwRK @ Nov 14 2021, 12:39 AM)
you migrate to SG probably won't come back lah...

If already retired can slowly bring back sgd without tax mah...

by that time surely got new tax laws...

anyways this fsi not yet passed... dunno the fine prints...
*
Why not laugh.gif SG is too small for retirement, in Malaysia you have beaches to swim, mountains to climb, various places to travel. Ya hopefully this tax won't exist anymore years later.
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post Nov 16 2021, 07:44 PM

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QUOTE(dwRK @ Nov 13 2021, 10:39 PM)
bring back cpf is taxable... most likely top up tax... not spared...

Forex gain/loss is included in local company taxes... not sure about individuals... IRB says any $ remitted is taxable unless it has been taxed locally prior

des why ppl if not scratching head is banging the wall...
*
QUOTE(dwRK @ Nov 13 2021, 11:46 PM)
you go work in SG... when retire got SGD 2m and CPF 2m... all SGD 4m is taxable when remitted

this my current understanding ah per the lawyer brief... he mentioned this case
*
QUOTE(TOS @ Nov 13 2021, 11:56 PM)
So CPF is treated as "income" then. Noted.
*
QUOTE(dwRK @ Nov 14 2021, 12:39 AM)
you migrate to SG probably won't come back lah...

If already retired can slowly bring back sgd without tax mah...

by that time surely got new tax laws...

anyways this fsi not yet passed... dunno the fine prints...
*
QUOTE(TOS @ Nov 14 2021, 02:00 PM)
Why not  laugh.gif SG is too small for retirement, in Malaysia you have beaches to swim, mountains to climb, various places to travel. Ya hopefully this tax won't exist anymore years later.
*
If govt start taxing, its unlikely that they will let go this source of revenue. I do think its stupid to tax this as it just discourages people from bringing back $ into Malaysia (which would strengthen RM and bolster the economy). Also encourage the richer people to migrate overseas.
SUSTOS
post Nov 16 2021, 08:16 PM

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It's confirmed.

https://www.sinchew.com.my/20211116/%e7%a8%...8d%8a%e5%b9%b4/

https://phl.hasil.gov.my/pdf/pdfam/KM_LHDNM...LUAR_NEGARA.pdf

1st half of 2022 rate is 3%, no auditing done during that period.

Another "article"

https://www.theedgemarkets.com/article/look...nsourced-income

This post has been edited by TOS: Nov 16 2021, 08:20 PM
dwRK
post Nov 16 2021, 08:42 PM

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QUOTE(abcn1n @ Nov 16 2021, 07:44 PM)
If govt start taxing, its unlikely that they will let go this source of revenue. I do think its stupid to tax this as it just discourages people from bringing back $ into Malaysia (which would strengthen RM and bolster the economy). Also encourage the richer people to migrate overseas.
*
the rich ppl no need to bring money back ah... only the poor ppl have no choice, now made even poorer

this mof really heartless... simply blanket tax all remittance

those jump aeroplane ppl send money home to support family... suddenly old retired folks kena pay tax...

ppl already scared bring money in because BNM makes is difficult to sent money back out... now kena tax some more... haiz
JJ93
post Nov 16 2021, 09:07 PM

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Will dividends/capital gains from local robo investing apps ie Stashaway, Wahed etc be taxed when the money is withdrawn to bank account?
MUM
post Nov 16 2021, 09:15 PM

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QUOTE(JJ93 @ Nov 16 2021, 09:07 PM)
Will dividends/capital gains from local robo investing apps ie Stashaway, Wahed etc be taxed when the money is withdrawn to bank account?
*
from the link in post 123,...

Implications on Malaysian Investment Funds
Malaysian funds that invest abroad will also be disadvantaged, as the foreign income remitted by the funds is now taxable.
Investors may then invest through foreign funds or foreign vehicles, instead of Malaysian funds, as the additional tax cost will reduce the investment returns.
Ultimately, this would result in movement of funds abroad to invest in foreign funds.
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post Nov 16 2021, 09:19 PM

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QUOTE(MUM @ Nov 16 2021, 09:15 PM)
from the link in post 123,...

Implications on Malaysian Investment Funds
Malaysian funds that invest abroad will also be disadvantaged, as the foreign income remitted by the funds is now taxable.
Investors may then invest through foreign funds or foreign vehicles, instead of Malaysian funds, as the additional tax cost will reduce the investment returns.
Ultimately, this would result in movement of funds abroad to invest in foreign funds.
*
It is now interesting to watch what will happen to ASNB and EPF dividends. I think EPF will be spared due to its retirement purpose (think 401k and IRA in the US), ASNB less likely as it is purely an investment vehicle for all sorts of purposes.

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post Nov 16 2021, 09:21 PM

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QUOTE(TOS @ Nov 16 2021, 09:19 PM)
It is now interesting to watch what will happen to ASNB and EPF dividends. I think EPF will be spared due to its retirement purpose (think 401k and IRA in  the US), ASNB less likely as it is purely an investment vehicle for all sorts of purposes.
*
biggrin.gif just speculation on my side only.... laugh.gif

i think they had already catch wind of that and had been reducing the dividend pay out to try to make it not as a shock to investors... biggrin.gif
JJ93
post Nov 16 2021, 09:51 PM

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QUOTE(MUM @ Nov 16 2021, 09:15 PM)
from the link in post 123,...

Implications on Malaysian Investment Funds
Malaysian funds that invest abroad will also be disadvantaged, as the foreign income remitted by the funds is now taxable.
Investors may then invest through foreign funds or foreign vehicles, instead of Malaysian funds, as the additional tax cost will reduce the investment returns.
Ultimately, this would result in movement of funds abroad to invest in foreign funds.
*
Wait. Ayam confused a little bit. Capital gains/dividends will be taxed when remitted back (considered as foreign income). But the initial capital is not being taxed?

Example deposited 5k in robo. One year later cash out all in total 6k. So only 1k is taxable?

It's going to be a headache for apps like Wahed/Best that have both foreign and local investments in a single portfolio. How to differentiate? 😂😂
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post Nov 16 2021, 09:55 PM

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QUOTE(JJ93 @ Nov 16 2021, 09:51 PM)
Wait. Ayam confused a little bit. Capital gains/dividends will be taxed when remitted back (considered as foreign income). But the initial capital is not being taxed?

Example deposited 5k in robo. One year later cash out all in total 6k. So only 1k is taxable? (my guess is YES,...your own capital money will not be taxed, if you had invested thru local fund managers or local platforms. But my guess also,..if you had transfered out your money "legally" and invested overseas, then kept and shows those transaction details to prove that is your capital, maybe you can avoid paying taxes on the capital when you bring back to M'sia)

It's going to be a headache for apps like Wahed/Best that have both foreign and local investments in a single portfolio. How to differentiate? 😂😂 (my guess again is it will automatic computed and done by the fund house)
*
This post has been edited by MUM: Nov 16 2021, 10:04 PM
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post Nov 16 2021, 10:09 PM

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QUOTE(MUM @ Nov 16 2021, 09:55 PM)

*
Thanks MUM for your reply and thoughts. Always very insightful. I guess it's even more important now to keep (perhaps even physical) copies of all these transactions moving forward.
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post Nov 16 2021, 10:56 PM

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just read this,...may have potential impact to some forummers here .....

Another common situation, according to Deloitte Malaysia, involves a Malaysian who lives in Johor Baru and commutes daily to Singapore for work.

“He draws a salary from his Singaporean employer. Under the tiebreaker rule, he is a Malaysian tax resident given that his permanent home is in Johor Baru.
Before Jan 1, 2022, he can remit his salary into Malaysia without paying Malaysian tax.
Under the new rule, his remittance would be subject to Malaysian tax,

“The Singapore taxes paid can be used as a set-off. However, he would need to top up the net additional tax and pay the Malaysian tax authorities.
In short, there would be an incremental tax,” it added.

https://www.theedgemarkets.com/article/delo...xation-malaysia
MUM
post Nov 16 2021, 11:00 PM

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QUOTE(JJ93 @ Nov 16 2021, 10:09 PM)
Thanks MUM for your reply and thoughts. Always very insightful. I guess it's even more important now to keep (perhaps even physical) copies of all these transactions moving forward.
*
just found this,...

Income vs capital

The first hurdle to cross is to determine whether the monies remitted into Malaysia is income or capital: Income is taxed whilst capital is not.

Taxpayers are going to have difficulties in dealing with this issue since the monies would have been accumulated over a long period of time and unless you have good records, you may have difficulty in arguing that the amount remitted is capital in nature.

What income is taxable?

All types of income will be taxable, and this will include dividend income, interest income, rental income, pension income, employment income, and annuities even though some of these types of income will not be taxable in Malaysia if the income had arisen in Malaysia.

An example would be dividend income paid by Malaysian companies will not be taxable.

more
How is foreign sourced income taxed?
https://www.thesundaily.my/business/how-is-...taxed-AB8535064
Equity
post Nov 16 2021, 11:51 PM

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QUOTE(MUM @ Nov 16 2021, 11:00 PM)
just found this,...

Income vs capital

The first hurdle to cross is to determine whether the monies remitted into Malaysia is income or capital: Income is taxed whilst capital is not.

Taxpayers are going to have difficulties in dealing with this issue since the monies would have been accumulated over a long period of time and unless you have good records, you may have difficulty in arguing that the amount remitted is capital in nature.

What income is taxable?

All types of income will be taxable, and this will include dividend income, interest income, rental income, pension income, employment income, and annuities even though some of these types of income will not be taxable in Malaysia if the income had arisen in Malaysia.

An example would be dividend income paid by Malaysian companies will not be taxable.

more
How is foreign sourced income taxed?
https://www.thesundaily.my/business/how-is-...taxed-AB8535064
*
Is the budget officially passed in parliament?
MUM
post Nov 16 2021, 11:53 PM

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QUOTE(terrytan @ Nov 16 2021, 11:51 PM)
Is the budget officially passed in parliament?
*
i think not yet,...but my guess is very high chances of it being passed....
seldom heard budget proposed items not passed ....
hopefully it may also possible to contain minor changes too

This post has been edited by MUM: Nov 16 2021, 11:56 PM
Equity
post Nov 16 2021, 11:58 PM

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QUOTE(MUM @ Nov 16 2021, 11:53 PM)
i think not yet,...but my guess is very high chances of it being passed....
seldom heard budget proposed items not passed ....
hopefully it may also possible to contain minor changes too
*
Possible if PH win the Melaka election unless some black out magic show again.

This post has been edited by terrytan: Nov 17 2021, 12:43 AM
Vector88
post Nov 17 2021, 08:45 AM

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https://www.malaymail.com/news/malaysia/202...sidents/2021425

it says:

“If the review found that the income kept abroad originating from Malaysia has not been reported, additional assessment can be imposed together with penalties in accordance with the provisions of the Income Tax Act 1967,” it said.

meaning if u keep ur money overseas and NOT remiited back to Malaysia (though it was originating from Malaysia), it can be taxed ??!!!

This post has been edited by Vector88: Nov 17 2021, 08:55 AM
dwRK
post Nov 17 2021, 09:27 AM

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QUOTE(Vector88 @ Nov 17 2021, 08:45 AM)
https://www.malaymail.com/news/malaysia/202...sidents/2021425

it says:

“If the review found that the income kept abroad originating from Malaysia has not been reported, additional assessment can be imposed together with penalties in accordance with the provisions of the Income Tax Act 1967,” it said.

meaning if u keep ur money overseas and NOT remiited back to Malaysia (though it was originating from Malaysia), it can be taxed ??!!!
*
it say... "... has not been reported"... I assume tick the "got foreign account overseas" in the tax form...
MUM
post Nov 17 2021, 09:29 AM

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QUOTE(Vector88 @ Nov 17 2021, 08:45 AM)
https://www.malaymail.com/news/malaysia/202...sidents/2021425

it says:

“If the review found that the income kept abroad originating from Malaysia has not been reported, additional assessment can be imposed together with penalties in accordance with the provisions of the Income Tax Act 1967,” it said.

meaning if u keep ur money overseas and NOT remiited back to Malaysia (though it was originating from Malaysia), it can be taxed ??!!!
*
my guess is,
if you can proof that that money is legally acquired in Malaysia, paid taxes and had documented proof that, that money was transferred out of malaysia previously....
then i guess you should not be taxed...

for it mentioned in your link,...
"IRB will review and examine the income information of Malaysian residents deposited abroad that has been received through tax information exchange agreements with other countries."
If the review found that the income kept abroad originating from Malaysia has not been reported, additional assessment can be imposed together with penalties in accordance with the provisions of the Income Tax Act 1967,” it said.

my guess again,...there should be a threshold of the amount of money before they start the reviews....
more of a concerns if the names are listed in the Pandora papers recently....

This post has been edited by MUM: Nov 17 2021, 09:39 AM
dwRK
post Nov 17 2021, 09:42 AM

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QUOTE(MUM @ Nov 17 2021, 09:29 AM)
my guess is,
if you can proof that that money is legally acquired in Malaysia, paid taxes and had documented proof that, that money was transferred out of malaysia previously....
then i guess you should not be taxed...

something like
"Taxpayers are going to have difficulties in dealing with this issue since the monies would have been accumulated over a long period of time and unless you have good records, you may have difficulty in arguing that the amount remitted is capital in nature."

in the link posted in post 133....
*
me thinks is related to not disclosing the info in the tax form... then they can penalize you... if can't prove is capital from Malaysia, they can just assume is fsi and tax you again...

anyways... gov getting desperate... stupid things can and are happening...

This post has been edited by dwRK: Nov 17 2021, 09:44 AM
MUM
post Nov 17 2021, 09:56 AM

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QUOTE(dwRK @ Nov 17 2021, 09:42 AM)
me thinks is related to not disclosing the info in the tax form... then they can penalize you... if can't prove is capital from Malaysia, they can just assume is fsi and tax you again...

anyways... gov getting desperate... stupid things can and are happening...
*
other than "counter checking" with the tax form,....

for it mentioned in earlier link,...
"IRB will review and examine the income information of Malaysian residents deposited abroad that has been received through tax information exchange agreements with other countries."

for most Malaysians working in Spore but stayed in JB, i think they don't submit ITR form to LHDN.....
so i guess LHDN does not know about the foreign a/c if LHDN just rely on the "tick" for disclosing in the form...


dwRK
post Nov 17 2021, 12:59 PM

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QUOTE(MUM @ Nov 17 2021, 09:56 AM)
other than "counter checking" with the tax form,....

for it mentioned in earlier link,...
"IRB will review and examine the income information of Malaysian residents deposited abroad that has been received through tax information exchange agreements with other countries."

for most Malaysians working in Spore but stayed in JB, i think they don't submit ITR form to LHDN.....
so i guess LHDN does not know about the foreign a/c if LHDN just rely on the "tick" for disclosing in the form...
*
yeah... also if you have income locally but working and paying tax overseas... you need to pay local tax too... maybe it's related to this
jack2
post Nov 17 2021, 06:49 PM

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G tarak money and implements this rule.. KNS

How this new rule applies to those who works in Singapore and is taxed there and then remit money back to Malaysia?

Claim double tax deduction or need to pay tax again?

This post has been edited by jack2: Nov 17 2021, 06:50 PM
MUM
post Nov 17 2021, 07:10 PM

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QUOTE(jack2 @ Nov 17 2021, 06:49 PM)
G tarak money and implements this rule.. KNS

How this new rule applies to those who works in Singapore and is taxed there and then remit money back to Malaysia?

Claim double tax deduction or need to pay tax again?
*
i happened to read this earlier...

"As for the impact on individuals, Deloitte Malaysia said one common situation involves rental income earned by a Malaysian tax resident from a real property located outside of Malaysia.

Citing a rental income from Singapore as an example, Deloitte Malaysia said, this income is an FSI and would not be taxed in Malaysia presently, but from Jan 1 next year, the income remitted to Malaysia would be taxed.

“In this case, both countries have the right to tax.
To avoid double taxation on the same rental, Malaysia, being the country of residence, would grant foreign tax credit based on a prescribed formula that takes into account the taxes paid in Singapore against the Malaysian tax payable,” it said.

However, it noted, the Malaysian resident landlord would still need to pay the net tax to the Malaysian government.

Another common situation, according to Deloitte Malaysia, involves a Malaysian who lives in Johor Baru and commutes daily to Singapore for work.

“He draws a salary from his Singaporean employer. Under the tiebreaker rule, he is a Malaysian tax resident given that his permanent home is in Johor Baru.
Before Jan 1, 2022, he can remit his salary into Malaysia without paying Malaysian tax.
Under the new rule, his remittance would be subject to Malaysian tax,

“The Singapore taxes paid can be used as a set-off. However, he would need to top up the net additional tax and pay the Malaysian tax authorities. In short, there would be an incremental tax,” it added.

https://www.theedgemarkets.com/article/delo...xation-malaysia

foresee implementation issues that needed ironing out...
page 6
https://www.pwc.com/my/en/assets/publicatio...-2022-Part2.pdf
jack2
post Nov 17 2021, 07:12 PM

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QUOTE(MUM @ Nov 17 2021, 07:10 PM)
i happened to read this earlier...

"As for the impact on individuals, Deloitte Malaysia said one common situation involves rental income earned by a Malaysian tax resident from a real property located outside of Malaysia.

Citing a rental income from Singapore as an example, Deloitte Malaysia said, this income is an FSI and would not be taxed in Malaysia presently, but from Jan 1 next year, the income remitted to Malaysia would be taxed.

“In this case, both countries have the right to tax.
To avoid double taxation on the same rental, Malaysia, being the country of residence, would grant foreign tax credit based on a prescribed formula that takes into account the taxes paid in Singapore against the Malaysian tax payable,” it said.

However, it noted, the Malaysian resident landlord would still need to pay the net tax to the Malaysian government.

Another common situation, according to Deloitte Malaysia, involves a Malaysian who lives in Johor Baru and commutes daily to Singapore for work.

“He draws a salary from his Singaporean employer. Under the tiebreaker rule, he is a Malaysian tax resident given that his permanent home is in Johor Baru.
Before Jan 1, 2022, he can remit his salary into Malaysia without paying Malaysian tax.
Under the new rule, his remittance would be subject to Malaysian tax,

“The Singapore taxes paid can be used as a set-off. However, he would need to top up the net additional tax and pay the Malaysian tax authorities. In short, there would be an incremental tax,” it added.

https://www.theedgemarkets.com/article/delo...xation-malaysia

foresee implementation issues that needed ironing out...
page 6
https://www.pwc.com/my/en/assets/publicatio...-2022-Part2.pdf
*
Who the SH to implement this rule and is very complicated to tackle and trace everything

Hansel
post Nov 17 2021, 07:18 PM

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QUOTE(TOS @ Nov 16 2021, 08:16 PM)
Bros,...

"Sekiranya berdasarkan semakan, didapati pendapatan yang disimpan di luar negara yang berpunca dari Malaysia masih belum dilaporkan, taksiran tambahan boleh dibangkitkan berserta dengan penalti selaras dengan peruntukan Akta Cukai Pendapatan 1967."

It keeps going back to the above expression in bold. How would you define : berpunca dari Malaysia ? I think if you do freelance work for a foreign entity, that would be : berpunca dari Msia.

If you invest into an SG REIT which has nothing to do with anything form Msia,... nothing berpunca dari Msia anymore.

Secondly,.. why is there no more mention of the expression : remitted back to Msia ?
MUM
post Nov 17 2021, 07:26 PM

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QUOTE(Hansel @ Nov 17 2021, 07:18 PM)
Bros,...

"Sekiranya berdasarkan semakan, didapati pendapatan yang disimpan di luar negara yang berpunca dari Malaysia masih belum dilaporkan, taksiran tambahan boleh dibangkitkan berserta dengan penalti selaras dengan peruntukan Akta Cukai Pendapatan 1967."

It keeps going back to the above expression in bold. How would you define : berpunca dari Malaysia ? I think if you do freelance work for a foreign entity, that would be : berpunca dari Msia.

If you invest into an SG REIT which has nothing to do with anything form Msia,... nothing berpunca dari Msia anymore.

Secondly,.. why is there no more mention of the expression : remitted back to Msia ?
*
from this article,....it seems like no remit back will also kena?? sweat.gif cry.gif

“After the expiration of the period, IRB will review and examine the income information of Malaysian residents deposited abroad that has been received through tax information exchange agreements with other countries.

“If the review found that the income kept abroad originating from Malaysia has not been reported, additional assessment can be imposed together with penalties in accordance with the provisions of the Income Tax Act 1967,” it said.

Therefore, IRB said taxpayers are encouraged to participate in this special programme in order to update their tax position.

https://www.malaymail.com/news/malaysia/202...sidents/2021425
Hansel
post Nov 17 2021, 07:31 PM

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QUOTE(MUM @ Nov 17 2021, 07:10 PM)
i happened to read this earlier...

"As for the impact on individuals, Deloitte Malaysia said one common situation involves rental income earned by a Malaysian tax resident from a real property located outside of Malaysia.

Citing a rental income from Singapore as an example, Deloitte Malaysia said, this income is an FSI and would not be taxed in Malaysia presently, but from Jan 1 next year, the income remitted to Malaysia would be taxed.

“In this case, both countries have the right to tax.
To avoid double taxation on the same rental, Malaysia, being the country of residence, would grant foreign tax credit based on a prescribed formula that takes into account the taxes paid in Singapore against the Malaysian tax payable,” it said.

However, it noted, the Malaysian resident landlord would still need to pay the net tax to the Malaysian government.

Another common situation, according to Deloitte Malaysia, involves a Malaysian who lives in Johor Baru and commutes daily to Singapore for work.

“He draws a salary from his Singaporean employer. Under the tiebreaker rule, he is a Malaysian tax resident given that his permanent home is in Johor Baru.
Before Jan 1, 2022, he can remit his salary into Malaysia without paying Malaysian tax.
Under the new rule, his remittance would be subject to Malaysian tax,

“The Singapore taxes paid can be used as a set-off. However, he would need to top up the net additional tax and pay the Malaysian tax authorities. In short, there would be an incremental tax,” it added.

https://www.theedgemarkets.com/article/delo...xation-malaysia

foresee implementation issues that needed ironing out...
page 6
https://www.pwc.com/my/en/assets/publicatio...-2022-Part2.pdf
*
The activities performed to earn the overseas income is now being zoomed down into. The question becomes, is that income : berpunca dari Malaysia ?

If we decide that the income is : berpunca dari Malaysia, THEN ; you need to report that income and subsequently, when remitted back to Msia between Jan and July 2022, you would be taxed ONLY 3% onto that income. BUT,... if you remit back AFTER July 2022 without declaring earlier that you have such income, you would be penalised.
MUM
post Nov 17 2021, 07:40 PM

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QUOTE(Hansel @ Nov 17 2021, 07:31 PM)
The activities performed to earn the overseas income is now being zoomed down into. The question becomes, is that income : berpunca dari Malaysia ?

If we decide that the income is : berpunca dari Malaysia, THEN ; you need to report that income and subsequently, when remitted back to Msia between Jan and July 2022, you would be taxed ONLY 3% onto that income. BUT,... if you remit back AFTER July 2022 without declaring earlier that you have such income, you would be penalised.
*
that means money had to be "reported" for taxes (money that had been declared and subjected to taxes) BEFORE taken out of the country and the details had to be kept and produced as a proof of the origin of the source of money when the time comes to remit them back to M'sia?

if that is the case, then the money will not be subjected to taxes when the money are brought back to M'sia?...

if NOT, then it would be considered as foreign source income that had not been reported and will be taxed?
SUSTOS
post Nov 17 2021, 07:40 PM

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QUOTE(Hansel @ Nov 17 2021, 07:18 PM)
Bros,...

"Sekiranya berdasarkan semakan, didapati pendapatan yang disimpan di luar negara yang berpunca dari Malaysia masih belum dilaporkan, taksiran tambahan boleh dibangkitkan berserta dengan penalti selaras dengan peruntukan Akta Cukai Pendapatan 1967."

It keeps going back to the above expression in bold. How would you define : berpunca dari Malaysia ? I think if you do freelance work for a foreign entity, that would be : berpunca dari Msia.

If you invest into an SG REIT which has nothing to do with anything form Msia,... nothing berpunca dari Msia anymore.

Secondly,.. why is there no more mention of the expression : remitted back to Msia ?
*
Ok, then investing in SREITs/US shares etc. are fine then. The source is not from Malaysia but SG/US. Indeed no clarity on remittance. Now still wondering whether not paying tax and not remitting back will be a crime or not.
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post Nov 17 2021, 07:41 PM

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QUOTE(MUM @ Nov 17 2021, 07:26 PM)
from this article,....it seems like no remit back will also kena??  sweat.gif  cry.gif

“After the expiration of the period, IRB will review and examine the income information of Malaysian residents deposited abroad that has been received through tax information exchange agreements with other countries.

“If the review found that the income kept abroad originating from Malaysia has not been reported, additional assessment can be imposed together with penalties in accordance with the provisions of the Income Tax Act 1967,” it said.

Therefore, IRB said taxpayers are encouraged to participate in this special programme in order to update their tax position.

https://www.malaymail.com/news/malaysia/202...sidents/2021425
*
NO !

Additional assessment and penalties can only be imposed IF you remit back after July 2022 IF you did not report this income : Yg "berpunca dari Malaysia" between Jan 2022 and July 2022.

The way the article was written is structured to make the reader THINKS all incomes generated overseas will be taxed ! Msia does NOT practise a Residential-based Taxation System, nor does it practise a Citizenship-based Taxation System.
Hansel
post Nov 17 2021, 07:46 PM

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QUOTE(TOS @ Nov 17 2021, 07:40 PM)
Ok, then investing in SREITs/US shares etc. are fine then. The source is not from Malaysia but SG/US. Indeed no clarity on remittance. Now still wondering whether not paying tax and not remitting back will be a crime or not.
*
Bro,... the FAQs in the IRB website later will single out ALL the income-types which will be categorised as : Berpunca Dari Malaysia. If our income-types here are not mentioned, then we do not need to declare. But logically,... why would SG REIT dividends be called as : Berpunca Dari Malaysia ?
MUM
post Nov 17 2021, 07:50 PM

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QUOTE(Hansel @ Nov 17 2021, 07:41 PM)
NO !

Additional assessment and penalties can only be imposed IF you remit back after July 2022 IF you did not report this income : Yg "berpunca dari Malaysia" between Jan 2022 and July 2022.

so, IF you remit back after July 2022 IF you did not report this income : Yg "berpunca dari Malaysia" between Jan 2022 and July 2022.,...then NO Additional assessment and penalties will be imposed??

The way the article was written is structured to make the reader THINKS all incomes generated overseas will be taxed ! Msia does NOT practise a Residential-based Taxation System, nor does it practise a Citizenship-based Taxation System.
*
This post has been edited by MUM: Nov 17 2021, 07:52 PM
Hansel
post Nov 17 2021, 07:55 PM

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QUOTE(MUM @ Nov 17 2021, 07:40 PM)
that means money had to be "reported" for taxes (money that had been declared and subjected to taxes) BEFORE taken out of the country and the details had to be kept and produced as a proof of the origin of the source of money when the time comes to remit them back to M'sia?

if that is the case, then the money will not be subjected to taxes when the money are brought back to M'sia?...

if NOT, then it would be considered as foreign source income that had not been reported and will be taxed?
*
I am still thinking abt how they will account for this aspect : money being moved out to make more money outside. What is the accounting treatment for this,..

In my many posts this evening, I was just focussed on what activities were incurred to generate the income. Factors as in : where were the activities generated, who were involved in the activities, what resources used and the like. If the factors here have NOTHING at all to do with Msia, then,..... that income generated does NOT berpunca dari Msia.

Just to keep it simple.
Hansel
post Nov 17 2021, 07:58 PM

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QUOTE(MUM @ Nov 17 2021, 07:50 PM)

*
" so, IF you remit back after July 2022 IF you did not report this income : Yg "berpunca dari Malaysia" between Jan 2022 and July 2022.,...then NO Additional assessment and penalties will be imposed?? "

Yes.

The assessment then will be what they will implement after this 7-month period if you remit back.


Hansel
post Nov 17 2021, 08:00 PM

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Did anybody read anywhere saying that ALL FOREIGN INCOMES MUST BE REMITTED BACK ?

Did anybody read anywhere that ALL FOREIGN INCOMES will be taxed regardless of where they are ?

Did anybody read anywhere that Msia will impose INTERNATIONAL TAXATION ?
carnby77
post Nov 17 2021, 08:01 PM

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QUOTE(AVFAN @ Mar 17 2015, 02:28 AM)
taxable - becos the work done is in malaysia, not overseas.
*
Wrong, income come from Australia, Australia has the right to tax, not Malaysia!
Dont be like lebai lah
...bullshit people
Hansel
post Nov 17 2021, 08:05 PM

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QUOTE(dwRK @ Nov 17 2021, 09:42 AM)
me thinks is related to not disclosing the info in the tax form... then they can penalize you... if can't prove is capital from Malaysia, they can just assume is fsi and tax you again...

anyways... gov getting desperate... stupid things can and are happening...
*
Bro,... even if you disclose the money was from Msia, taxation contention shld still not come into play here because this money that you remitted out is post-tax, for which you have diligently paid tax onto earlier, before you have this extra funds to send out, right ?

Why shld the jurisdiction have any prejudice towards this money of ours that we TT'ed out earlier ?
Hansel
post Nov 17 2021, 08:08 PM

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Well,...what we are writing here are monitored by the LHDN.

So,... no problem,... let's say things out openly,.. and be very clear abt things so that we can do all we can to follow all rules and regulations as well as we can.


Hansel
post Nov 17 2021, 08:13 PM

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I am trying to find that posting (I think it was from MUM) that mentioned abt dividends paid out by funds based in Msia. These funds earn their income from overseas instruments and have their dividends remitted into Msia, then subsequently pay out to local Msian investors.

The above funds will be hit !

It's better for the investors to start opening accounts overseas and investing into the foreign instruments directly rather than thru a locally-based fund in Msia.
Hansel
post Nov 17 2021, 08:14 PM

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I sympathise with folks out there who are not aware of the LYN forum at these times. Sure,.. everybody can read news everywhere,... but the digesting part of the news will be difficult.
MUM
post Nov 17 2021, 08:20 PM

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QUOTE(Hansel @ Nov 17 2021, 07:55 PM)
I am still thinking abt how they will account for this aspect : money being moved out to make more money outside. What is the accounting treatment for this,..

In my many posts this evening, I was just focussed on what activities were incurred to generate the income. Factors as in : where were the activities generated, who were involved in the activities, what resources used and the like. If the factors here have NOTHING at all to do with Msia, then,..... that income generated does NOT berpunca dari Msia.

Just to keep it simple.
*
bear with me abit longer,...

regarding your this input,...."I was just focussed on what activities were incurred to generate the income.
Factors as in :
where were the activities generated,
who were involved in the activities,
what resources used and the like.

If the factors here have NOTHING at all to do with Msia, then,..... that income generated does NOT berpunca dari Msia."

i read this article,...
https://www.theedgemarkets.com/article/delo...xation-malaysia

"As for the impact on individuals, Deloitte Malaysia said one common situation involves rental income earned by a Malaysian tax resident from a real property located outside of Malaysia.

Citing a rental income from Singapore as an example, Deloitte Malaysia said, this income is an FSI and would not be taxed in Malaysia presently, but from Jan 1 next year, the income remitted to Malaysia would be taxed.

“In this case, both countries have the right to tax.
To avoid double taxation on the same rental, Malaysia, being the country of residence, would grant foreign tax credit based on a prescribed formula that takes into account the taxes paid in Singapore against the Malaysian tax payable,” it said.
However, it noted, the Malaysian resident landlord would still need to pay the net tax to the Malaysian government."

from the above example in that article,...
Factors as in :
where were the activities generated, ....Spore
who were involved in the activities, Rental income in Spore
what resources used and the like. Properties. in Spore..

Thus the factors here have NOTHING at all to do with Msia, and,..... that income generated does NOT berpunca dari Msia."......but according to that article,...the income remitted to Malaysia would be taxed. rclxub.gif

Ramjade
post Nov 17 2021, 08:24 PM

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I think should make it simple. Any money remitted back to Malaysia if not from investment should be taxed while investment remain tax free. Unlikely my voice will be heard. Oh well.
Hansel
post Nov 17 2021, 08:34 PM

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QUOTE(MUM @ Nov 17 2021, 08:20 PM)
bear with me abit longer,...

regarding your this input,...."I was just focussed on what activities were incurred to generate the income.
Factors as in :
where were the activities generated,
who were involved in the activities,
what resources used and the like.

If the factors here have NOTHING at all to do with Msia, then,..... that income generated does NOT berpunca dari Msia."

i read this article,...
https://www.theedgemarkets.com/article/delo...xation-malaysia

"As for the impact on individuals, Deloitte Malaysia said one common situation involves rental income earned by a Malaysian tax resident from a real property located outside of Malaysia.

Citing a rental income from Singapore as an example, Deloitte Malaysia said, this income is an FSI and would not be taxed in Malaysia presently, but from Jan 1 next year, the income remitted to Malaysia would be taxed.

“In this case, both countries have the right to tax.
To avoid double taxation on the same rental, Malaysia, being the country of residence, would grant foreign tax credit based on a prescribed formula that takes into account the taxes paid in Singapore against the Malaysian tax payable,” it said.
However, it noted, the Malaysian resident landlord would still need to pay the net tax to the Malaysian government."

from the above example in that article,...
Factors as in :
where were the activities generated, ....Spore
who were involved in the activities, Rental income in Spore
what resources used and the like. Properties. in Spore..

Thus the factors here have NOTHING at all to do with Msia, and,..... that income generated does NOT berpunca dari Msia."......but according to that article,...the income remitted to Malaysia would be taxed.  rclxub.gif
*
You are right in what you wrote in the above, Mum,... absolutely right.

Well,... what Deloitte wrote was before what came out this evening in The Malay Mail. What came out this evening in The Malay Mail contradicts with what were announced by the IRB earlier (hence, I asked the question : what happened to remitted back to Msia ?), and Delloitte's comments above were based on what were written earlier.

If you look closely at the different comments by the different accounting firms, they started to use the same terms after we used them here in this forum, as in the different taxation systems, etc,... looks like our discussions here are front-running their articles.
Hansel
post Nov 17 2021, 08:38 PM

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QUOTE(Ramjade @ Nov 17 2021, 08:24 PM)
I think should make it simple. Any money remitted back to Malaysia if not from investment should be taxed while investment remain tax free. Unlikely my voice will be heard. Oh well.
*
What was written this evening in The Malay Mail implies that IRB wants to assess AND TAX ALL incomes generated from resources in Msia regardless of whether you remit the monies back to Msia or not !

The message is totally different from what were disseminated earlier,...

There is no more mention of the expression : remitted back to Msia !

This is bad !!
Ramjade
post Nov 17 2021, 08:41 PM

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QUOTE(Hansel @ Nov 17 2021, 08:38 PM)
What was written this evening in The Malay Mail implies that IRB wants to assess AND TAX ALL incomes generated from resources in Msia regardless of whether you remit the monies back to Msia or not !

The message is totally different from what were disseminated earlier,...

There is no more mention of the expression : remitted back to Msia !

This is bad !!
*
Wait for official lhdn faq. Then we will know how we are being tax.
MUM
post Nov 17 2021, 08:48 PM

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QUOTE(Hansel @ Nov 17 2021, 08:13 PM)
I am trying to find that posting (I think it was from MUM) that mentioned abt dividends paid out by funds based in Msia. These funds earn their income from overseas instruments and have their dividends remitted into Msia, then subsequently pay out to local Msian investors.

The above funds will be hit !

It's better for the investors to start opening accounts overseas and investing into the foreign instruments directly rather than thru a locally-based fund in Msia.
*
found that article,..

Implications on Malaysian Investment Funds
Malaysian funds that invest abroad will also be disadvantaged, as the foreign income remitted by the funds is now taxable.
Investors may then invest through foreign funds or foreign vehicles, instead of Malaysian funds, as the additional tax cost will reduce the investment returns.
Ultimately, this would result in movement of funds abroad to invest in foreign funds.
The proposal introduced in Budget 2022 exempts non-residents from income tax on foreign income remitted into Malaysia.
https://www.theedgemarkets.com/article/look...nsourced-income

found this new one too....more detailed,,,
Budget 2022: Impact on investment management

excerpt,
The repeal of this exemption could have significant implications on the post-tax returns of investment vehicles in Malaysia that have built up a portfolio in non-Malaysian securities and instruments.

Where these investments currently provided tax exempt income in the form of foreign interest, coupon, and dividends; moving forward, this income would be taxable at 24% effective from Jan 1, 2022.

In the short term, this means a 24% haircut on the investment returns of these vehicles will be borne by the investors when the profits are distributed.

https://www.thestar.com.my/business/busines...ment-management

dwRK
post Nov 17 2021, 09:00 PM

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QUOTE(Hansel @ Nov 17 2021, 08:05 PM)
Bro,... even if you disclose the money was from Msia, taxation contention shld still not come into play here because this money that you remitted out is post-tax, for which you have diligently paid tax onto earlier, before you have this extra funds to send out, right ?

Why shld the jurisdiction have any prejudice towards this money of ours that we TT'ed out earlier ?
*
eh... this thread suddenly hot n heavy... smile.gif

no. if you expat/tax residence outside... and say got rental income in Malaysia... quite sure a lot of ppl don't disclose, lari tax n send money out... we're supposed to pay non-residence flat rate tax... des why they talk about punca di Malaysia and penalties...

this is different from some of the other discussion here... separate topic from foreign sourced income...

This post has been edited by dwRK: Nov 17 2021, 09:39 PM
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post Nov 18 2021, 12:02 AM

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QUOTE(MUM @ Nov 17 2021, 08:48 PM)
found that article,..

Implications on Malaysian Investment Funds
Malaysian funds that invest abroad will also be disadvantaged, as the foreign income remitted by the funds is now taxable.
Investors may then invest through foreign funds or foreign vehicles, instead of Malaysian funds, as the additional tax cost will reduce the investment returns.
Ultimately, this would result in movement of funds abroad to invest in foreign funds.
The proposal introduced in Budget 2022 exempts non-residents from income tax on foreign income remitted into Malaysia.
https://www.theedgemarkets.com/article/look...nsourced-income

found this new one too....more detailed,,,
Budget 2022: Impact on investment management

excerpt,
The repeal of this exemption could have significant implications on the post-tax returns of investment vehicles in Malaysia that have built up a portfolio in non-Malaysian securities and instruments.

Where these investments currently provided tax exempt income in the form of foreign interest, coupon, and dividends; moving forward, this income would be taxable at 24% effective from Jan 1, 2022.

In the short term, this means a 24% haircut on the investment returns of these vehicles will be borne by the investors when the profits are distributed.

https://www.thestar.com.my/business/busines...ment-management
*
24% haircut shocking.gif sad.gif ,... hmm,... all these years when I KEPT ADVOCATING Msians to open foreign accounts, bank and brokerage, etc,... is RIGHT !
Hansel
post Nov 18 2021, 12:06 AM

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QUOTE(dwRK @ Nov 17 2021, 09:00 PM)
eh... this thread suddenly hot n heavy... smile.gif

no. if you expat/tax residence outside... and say got rental income in Malaysia... quite sure a lot of ppl don't disclose, lari tax n send money out... we're supposed to pay non-residence flat rate tax... des why they talk about punca di Malaysia and penalties...

this is different from some of the other discussion here... separate topic from foreign sourced income...
*
Bro,.. to this topic we are talking here,... it's hard to write. We're going in separate directions. Anyway,...

To ur second paragraph,.. I know very well what yu are talking abt,... many pals in Aus doing this,...but I can't understand how you relate this to punca di Malaysia,...

To ur third paragraph, you are right. It's quite a different matter,... but you can relate too,.. why, because, you were the one who said this earlier,... what abt the money we sent out earlier and then bring back in 2022 and beyond ? Why shld we be taxed for our own money here, right ?
dwRK
post Nov 18 2021, 11:47 AM

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QUOTE(Hansel @ Nov 18 2021, 12:06 AM)
Bro,.. to this topic we are talking here,... it's hard to write. We're going in separate directions. Anyway,...

To ur second paragraph,.. I know very well what yu are talking abt,... many pals in Aus doing this,...but I can't understand how you relate this to punca di Malaysia,...

To ur third paragraph, you are right. It's quite a different matter,... but you can relate too,.. why, because, you were the one who said this earlier,... what abt the money we sent out earlier and then bring back in 2022 and beyond ? Why shld we be taxed for our own money here, right ?
*
a real shit show lah mof and irb dragging us through... to be fair to us here, the tax accountants and lawyers are also scratching their heads based on headline statements by mof/irb...

anyways wait for irb faq ahh... no point wasting time on suppositions... can't beat stupid...

i'll continue to move some monies back before year end... but like most of us will still keep some offshore
SUSTOS
post Nov 18 2021, 12:30 PM

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Finance bill second reading today.

https://www.sinchew.com.my/20211118/2022%e5...bb%8a%e6%97%a5/
tehoice
post Nov 18 2021, 12:48 PM

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QUOTE(Hansel @ Nov 17 2021, 08:00 PM)
Did anybody read anywhere saying that ALL FOREIGN INCOMES MUST BE REMITTED BACK ?

Did anybody read anywhere that ALL FOREIGN INCOMES will be taxed regardless of where they are ?

Did anybody read anywhere that Msia will impose INTERNATIONAL TAXATION ?
*
Yes, just attended a talk conducted by tiger bank and one of the big 4s.

Yes, all foreign sourced income remitted back to msia will be taxed.

income arising from dividend, interests, etc, but excludes capital gains, so if you use the income to reinvest and make further gains, then they will see how they will tax you, this part is still pending clarifications from the MOF, but be sure to keep your documents ready.

however, they are also trying to seek for exemption for certain things like dividend income, which has already been taxed at source country, should not be subject to tax again. but this is now still pending from MOF.

Will share more once I hear from them again. thanks.

Edit: on the bolded, especially for those companies with real substance, i.e. for example, manufacturing plant overseas, hiring ppl, paying overheads, sell goods, making income then declare dividend type of companies/businesses.

This post has been edited by tehoice: Nov 18 2021, 12:50 PM
tehoice
post Nov 18 2021, 12:53 PM

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QUOTE(tehoice @ Nov 18 2021, 12:48 PM)
Yes, just attended a talk conducted by tiger bank and one of the big 4s.

Yes, all foreign sourced income remitted back to msia will be taxed.

income arising from dividend, interests, etc, but excludes capital gains, so if you use the income to reinvest and make further gains, then they will see how they will tax you, this part is still pending clarifications from the MOF, but be sure to keep your documents ready.

however, they are also trying to seek for exemption for certain things like dividend income, which has already been taxed at source country, should not be subject to tax again. but this is now still pending from MOF.

Will share more once I hear from them again. thanks.

Edit: on the bolded, especially for those companies with real substance, i.e. for example, manufacturing plant overseas, hiring ppl, paying overheads, sell goods, making income then declare dividend type of companies/businesses.
*
Another keyword is also remittance, you will be taxed when you remit/repatriate it back to the country, so they are also seeking for more clarifications, because prior to 2003, they have this "deemed remittance", now it's not there.

So from accounting perspective, your FSI will be recorded in your books on a consolidated basis (group level), but you will not be taxed for this, if the money hasn't been repatriated back to the country. hope this clarifies.

Note: i am not tax expert, but merely sharing what i learnt from the tax experts from one of the big 4s. not the bogey ones.

This post has been edited by tehoice: Nov 18 2021, 12:53 PM
SUSTOS
post Nov 18 2021, 12:53 PM

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QUOTE(tehoice @ Nov 18 2021, 12:48 PM)
Yes, just attended a talk conducted by tiger bank and one of the big 4s.

Yes, all foreign sourced income remitted back to msia will be taxed.

income arising from dividend, interests, etc, but excludes capital gains, so if you use the income to reinvest and make further gains, then they will see how they will tax you, this part is still pending clarifications from the MOF, but be sure to keep your documents ready.

however, they are also trying to seek for exemption for certain things like dividend income, which has already been taxed at source country, should not be subject to tax again. but this is now still pending from MOF.

Will share more once I hear from them again. thanks.

Edit: on the bolded, especially for those companies with real substance, i.e. for example, manufacturing plant overseas, hiring ppl, paying overheads, sell goods, making income then declare dividend type of companies/businesses.
*
Thanks for updates! thumbup.gif
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post Nov 18 2021, 12:55 PM

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i got some materials, but i am not consented to share it publicly for now. until i have the greenlight. thx.
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post Nov 18 2021, 01:17 PM

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QUOTE(tehoice @ Nov 18 2021, 12:48 PM)
Yes, just attended a talk conducted by tiger bank and one of the big 4s.

Yes, all foreign sourced income remitted back to msia will be taxed.

income arising from dividend, interests, etc, but excludes capital gains, so if you use the income to reinvest and make further gains, then they will see how they will tax you, this part is still pending clarifications from the MOF, but be sure to keep your documents ready.
*
Wait so capital gain is not taxed?
MUM
post Nov 18 2021, 01:19 PM

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QUOTE(Ramjade @ Nov 18 2021, 01:17 PM)
Wait so capital gain is not taxed?
*
looks like a YES,
but income from that capital will be taxed sweat.gif sweat.gif
dwRK
post Nov 18 2021, 01:19 PM

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QUOTE(tehoice @ Nov 18 2021, 12:48 PM)
Yes, just attended a talk conducted by tiger bank and one of the big 4s.

Yes, all foreign sourced income remitted back to msia will be taxed.

income arising from dividend, interests, etc, but excludes capital gains, so if you use the income to reinvest and make further gains, then they will see how they will tax you, this part is still pending clarifications from the MOF, but be sure to keep your documents ready.

however, they are also trying to seek for exemption for certain things like dividend income, which has already been taxed at source country, should not be subject to tax again. but this is now still pending from MOF.

Will share more once I hear from them again. thanks.

Edit: on the bolded, especially for those companies with real substance, i.e. for example, manufacturing plant overseas, hiring ppl, paying overheads, sell goods, making income then declare dividend type of companies/businesses.
*
thanks for update...

i just wanna know monies in overseas banks, stocks, etc. as at 31 dec 2021, are these tax-free or not when remitted in future... wink.gif these are currently tax-free when remitted, the new law shouldn't retroactively tax "old fsi monies"...
dwRK
post Nov 18 2021, 01:27 PM

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but the other big question is... what the heck are these?

QUOTE
"Selepas tamat tempoh tersebut, pihak  HASiL akan menyemak dan meneliti maklumat-maklumat  pendapatan  pemastautin  Malaysia  yang  disimpan  di  luar  negara  yang  telah
diterima melalui perjanjian pertukaran maklumat percukaian dengan negara-negara lain. 

Sekiranya  berdasarkan  semakan,  didapati pendapatan  yang  disimpan  di  luar  negara yang berpunca dari Malaysia masih belum dilaporkan, taksiran tambahan boleh  dibangkitkan berserta dengan penalti selaras dengan peruntukan Akta Cukai Pendapatan 1967."


and this...

QUOTE
PKPP tidak melibatkan pendapatan yang terbit dari Malaysia yang tertakluk kepada cukai bagi tahun taksiran 2021 dan tahun-tahun taksiran seterusnya dan diremit atau dibawa balik dalam tempoh PKPP.


This post has been edited by dwRK: Nov 18 2021, 01:27 PM
MUM
post Nov 18 2021, 01:28 PM

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KUALA LUMPUR, Nov 16 — The Inland Revenue Board (IRB) is offering a Special Income Remittance Programme (PKPP) to Malaysian residents who have income deposited abroad.

The agency said this is in line with the abolishment of tax exemption on foreign-sourced income, which was announced by Finance Minister Datuk Seri Tengku Zafrul Abdul Aziz when tabling Budget 2022.

“The programme will be implemented from January 1 to June 30, 2022, during which a gross tax rate of three per cent will be imposed on income repatriated back as proposed under the Finance Bill 2021

“There will be no audit review, investigation or penalty on income brought in during the PKPP period; all income brought in will be received in good faith by IRB,” it said in a statement today.

IRB said other criteria include the income must be brought in or remitted within the PKPP period and taxpayers must make a declaration to participate in PKPP at the latest within 30 days after the expiry of the period.

Besides that, it said, tax payment must be made in accordance with the normal payment order prescribed for the year of assessment 2022 or 2023, whichever is applicable.

The programme does not cover income derived from Malaysia which is subject to tax for the year of assessment 2021 and subsequent years of assessment and remitted or brought back in the period of PKPP.

“After the expiration of the period, IRB will review and examine the income information of Malaysian residents deposited abroad that has been received through tax information exchange agreements with other countries.

“If the review found that the income kept abroad originating from Malaysia has not been reported, additional assessment can be imposed together with penalties in accordance with the provisions of the Income Tax Act 1967,” it said.

Therefore, IRB said taxpayers are encouraged to participate in this special programme in order to update their tax position.

It added that it would issue a list of frequently asked questions and guidelines related to PKPP to the public which could be found at IRB’s official portal. — Bernama

https://www.malaymail.com/news/malaysia/202...sidents/2021425

hmm.gif mentioned: income repatriated back,...what about capital or income with capital + capital gained over the years? how to separate it out? sweat.gif sweat.gif
dwRK
post Nov 18 2021, 01:39 PM

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QUOTE(MUM @ Nov 18 2021, 01:28 PM)
hmm.gif  mentioned: income repatriated back,...what about capital or income with capital + capital gained over the years? how to separate it out?  sweat.gif  sweat.gif
*
burden of proof is on you... if cannot proof, TAX!!! and FINE!!! sweat.gif
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post Nov 18 2021, 02:17 PM

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QUOTE(tehoice @ Nov 18 2021, 12:53 PM)
Another keyword is also remittance, you will be taxed when you remit/repatriate it back to the country, so they are also seeking for more clarifications, because prior to 2003, they have this "deemed remittance", now it's not there.

So from accounting perspective, your FSI will be recorded in your books on a consolidated basis (group level), but you will not be taxed for this, if the money hasn't been repatriated back to the country. hope this clarifies.

Note: i am not tax expert, but merely sharing what i learnt from the tax experts from one of the big 4s. not the bogey ones.
*
Just curious, did you ask them about funds like ASNB, EPF or mutual funds that invest overseas? What kind of tax treatments are given to their foreign dividends/interests etc. ?
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post Nov 18 2021, 02:21 PM

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QUOTE(TOS @ Nov 18 2021, 02:17 PM)
Just curious, did you ask them about funds like ASNB, EPF or mutual funds that invest overseas? What kind of tax treatments are given to their foreign dividends/interests etc. ?
*
not sure if this is relevant,...
from post 167,

excerpt,
The repeal of this exemption could have significant implications on the post-tax returns of investment vehicles in Malaysia that have built up a portfolio in non-Malaysian securities and instruments.

Where these investments currently provided tax exempt income in the form of foreign interest, coupon, and dividends; moving forward, this income would be taxable at 24% effective from Jan 1, 2022.

In the short term, this means a 24% haircut on the investment returns of these vehicles will be borne by the investors when the profits are distributed.
https://www.thestar.com.my/business/busines...ment-management

maybe and hopefully,...those Govt linked entities will have special treatment
tehoice
post Nov 18 2021, 02:31 PM

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QUOTE(Ramjade @ Nov 18 2021, 01:17 PM)
Wait so capital gain is not taxed?
*
QUOTE(MUM @ Nov 18 2021, 01:19 PM)
looks like a YES,
but income from that capital will be taxed  sweat.gif  sweat.gif
*
Yes, based on what I learnt this morning, you are right. Capital gains are not taxable at the moment.

QUOTE(dwRK @ Nov 18 2021, 01:19 PM)
thanks for update...

i just wanna know monies in overseas banks, stocks, etc. as at 31 dec 2021, are these tax-free or not when remitted in future... wink.gif  these are currently tax-free when remitted, the new law shouldn't retroactively tax "old fsi monies"...
*
Not all monies remitted or repatriated shall be taxable, only the income (revenue in nature) not gains (capital in nature).
tehoice
post Nov 18 2021, 02:33 PM

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QUOTE(MUM @ Nov 18 2021, 01:28 PM)
KUALA LUMPUR, Nov 16 — The Inland Revenue Board (IRB) is offering a Special Income Remittance Programme (PKPP) to Malaysian residents who have income deposited abroad.

The agency said this is in line with the abolishment of tax exemption on foreign-sourced income, which was announced by Finance Minister Datuk Seri Tengku Zafrul Abdul Aziz when tabling Budget 2022.

“The programme will be implemented from January 1 to June 30, 2022, during which a gross tax rate of three per cent will be imposed on income repatriated back as proposed under the Finance Bill 2021

“There will be no audit review, investigation or penalty on income brought in during the PKPP period; all income brought in will be received in good faith by IRB,” it said in a statement today.

IRB said other criteria include the income must be brought in or remitted within the PKPP period and taxpayers must make a declaration to participate in PKPP at the latest within 30 days after the expiry of the period.

Besides that, it said, tax payment must be made in accordance with the normal payment order prescribed for the year of assessment 2022 or 2023, whichever is applicable.

The programme does not cover income derived from Malaysia which is subject to tax for the year of assessment 2021 and subsequent years of assessment and remitted or brought back in the period of PKPP.

“After the expiration of the period, IRB will review and examine the income information of Malaysian residents deposited abroad that has been received through tax information exchange agreements with other countries.

“If the review found that the income kept abroad originating from Malaysia has not been reported, additional assessment can be imposed together with penalties in accordance with the provisions of the Income Tax Act 1967,” it said.

Therefore, IRB said taxpayers are encouraged to participate in this special programme in order to update their tax position.

It added that it would issue a list of frequently asked questions and guidelines related to PKPP to the public which could be found at IRB’s official portal. — Bernama

https://www.malaymail.com/news/malaysia/202...sidents/2021425

hmm.gif  mentioned: income repatriated back,...what about capital or income with capital + capital gained over the years? how to separate it out?  sweat.gif  sweat.gif
*
That's why it is very important to keep all your documentations and proper record so you can explain clearly if being audited.

so yes, income (revenue in nature) shall be taxable and gains (capital in nature) shall not be taxable, based on my knowledge now.
tehoice
post Nov 18 2021, 02:35 PM

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QUOTE(TOS @ Nov 18 2021, 02:17 PM)
Just curious, did you ask them about funds like ASNB, EPF or mutual funds that invest overseas? What kind of tax treatments are given to their foreign dividends/interests etc. ?
*
the same shall be taxed on these entities too (some other participants also brought this up), so in a way, our income from EPF would also be taxed at certain level.

however, like what MUM mentioned earlier, those special entities would have some special exemptions, it wasn't very clear still, they are waiting for the MOF to clarify as well.

So yes, on personal level, if your mutual funds distribute dividends, it shall be taxable because it is revenue in nature.

This post has been edited by tehoice: Nov 18 2021, 02:36 PM
dwRK
post Nov 18 2021, 02:56 PM

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QUOTE(tehoice @ Nov 18 2021, 02:31 PM)

Not all monies remitted or repatriated shall be taxable, only the income (revenue in nature) not gains (capital in nature).
*
... old foreign income from few years back... hence the problem if taken literally it is taxable

Maybe can hold 7 years until the statue runs out and remit...
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post Nov 18 2021, 03:48 PM

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QUOTE(dwRK @ Nov 18 2021, 01:27 PM)
but the other big question is... what the heck are these?
and this...
*
Bro,...

Think I'll reply to your curiosity here first. After reading that article a few times and discussing with my pals today,... that article is meant more for companies that derive foreign income from their overseas customers and clients. The goods and services 'sold' to those overseas customers were 'produced' in Msia.

But when payment is made,... the funds were 'parked' in overseas accounts,... biggrin.gif

IRB going after these companies now.
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post Nov 18 2021, 03:54 PM

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Wanting to thank Tehoice here for the good updates shared with us from his seminar,....

Bros,... I think IRB has a lot of work to do after this. I honestly doubt the tax officer will chk all our documents to justify whether to grant exemption or not.
Vector88
post Nov 18 2021, 03:54 PM

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QUOTE(tehoice @ Nov 18 2021, 02:33 PM)
That's why it is very important to keep all your documentations and proper record so you can explain clearly if being audited.

so yes, income (revenue in nature) shall be taxable and gains (capital in nature) shall not be taxable, based on my knowledge now.
*
Thanks @tehoice, a little clearer now.

1) Capital gain not taxable
2) dividend taxable
3) If both forever not remitted back to MY, then not taxable, correct ar ?
MUM
post Nov 18 2021, 03:59 PM

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QUOTE(Vector88 @ Nov 18 2021, 03:54 PM)
Thanks @tehoice, a little clearer now.

1) Capital gain not taxable
2) dividend taxable
3) If both forever not remitted back to MY, then not taxable, correct ar ?
*
while waiting for responses,... you can try
read post 165, page 9

sweat.gif sweat.gif
Hansel
post Nov 18 2021, 04:10 PM

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QUOTE(Vector88 @ Nov 18 2021, 03:54 PM)
Thanks @tehoice, a little clearer now.

1) Capital gain not taxable
2) dividend taxable
3) If both forever not remitted back to MY, then not taxable, correct ar ?
*
Emm,... based on the latest article of subject published in Malay Mail yesterday, if the income of the company concerned 'berpunca dari Msia', you have to report it. But there is NO mention that you must remit it back to Msia.

The above income will be assessed accordingly, in good faith between Jan to July 2022, and with additional assessment and penalty after that, but again, there is no mention whether the company is compelled to transmit back the funds to Msia.

Assessment will prepare the amt that needed toi be taxed,... BUT the issue here is the point of taxation is ONLY upon remittance back to Msia. Assessing and actually collecting tax are two different things.

So,.. in principle, your No 3) statement is right !
tehoice
post Nov 18 2021, 05:48 PM

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QUOTE(dwRK @ Nov 18 2021, 02:56 PM)
... old foreign income from few years back... hence the problem if taken literally it is taxable

Maybe can hold 7 years until the statue runs out and remit...
*
Yea, i think it is also a good way to mitigate this, tax planning is important.
But i think it's also very important to keep the proper documentations and record, just in case if you need to repatriate it back.

QUOTE(Hansel @ Nov 18 2021, 03:54 PM)
Wanting to thank Tehoice here for the good updates shared with us from his seminar,....

Bros,... I think IRB has a lot of work to do after this. I honestly doubt the tax officer will chk all our documents to justify whether to grant exemption or not.
*
No worries, just sharing what I learnt.

Actually one of the main reasons why they want to do this is also to:

"Serve as a revenue-raising measure for the government and in response to European Union's recent inclusion of Malaysia in the "Grey List" (just early October 2021).


QUOTE(Vector88 @ Nov 18 2021, 03:54 PM)
Thanks @tehoice, a little clearer now.

1) Capital gain not taxable
2) dividend taxable
3) If both forever not remitted back to MY, then not taxable, correct ar ?
*
Based on my understanding, yes.

Interest income is also taxable yea.

SUSTOS
post Nov 18 2021, 05:52 PM

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QUOTE(tehoice @ Nov 18 2021, 05:48 PM)
Actually one of the main reasons why they want to do this is also to:

"Serve as a revenue-raising measure for the government and in response to European Union's recent inclusion of Malaysia in the "Grey List" (just early October 2021).
.
*
HK also grey-listed, but it didn't bow to the EU and retains its tax structure. Seems like MY has no bargaining power. tongue.gif

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post Nov 18 2021, 05:56 PM

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QUOTE(TOS @ Nov 18 2021, 05:52 PM)
HK also grey-listed, but it didn't bow to the EU and retains its tax structure. Seems like MY has no bargaining power. tongue.gif
*
Of course. HK got big brother China behind them. Malaysia got who? Lol. Even the palm oil boycott also cannot fight.
T231H
post Nov 18 2021, 05:57 PM

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QUOTE(TOS @ Nov 18 2021, 05:52 PM)
HK also grey-listed, but it didn't bow to the EU and retains its tax structure. Seems like MY has no bargaining power. tongue.gif
*
HK has big tai kor China to take care,...M'sia has who? innocent.gif devil.gif
tehoice
post Nov 18 2021, 06:05 PM

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QUOTE(TOS @ Nov 18 2021, 05:52 PM)
HK also grey-listed, but it didn't bow to the EU and retains its tax structure. Seems like MY has no bargaining power. tongue.gif
*
haha okay, let me share with you what's their views on HK, and what HK is doing in trying to uplift themselves from the grey list.

HK's response to being added to the grey list:
1. Continue to adopt the territorial source principle.
2. Legislative amendments to target corporations with no substantial economic activity.
3. Individual taxpayers will not be affected.

Credit: one of the big fours.

Edit: So essentially, we can't really say that HK is not doing anything in response to this also.

This post has been edited by tehoice: Nov 18 2021, 06:07 PM
SUSTOS
post Nov 18 2021, 06:08 PM

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QUOTE(tehoice @ Nov 18 2021, 06:05 PM)
haha okay, let me share with you what's their views on HK, and what HK is doing in trying to uplift themselves from the grey list.

HK's response to being added to the grey list:
1. Continue to adopt the territorial source principle.
2. Legislative amendments to target corporations with no substantial economic activity.
3. Individual taxpayers will not be affected.

Credit: one of the big fours.
*
Oh they did something. At least they individual taxpayers are not affected. Shell companies and trusts with obscure identities are common here.
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post Nov 18 2021, 06:22 PM

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Budget 2022 passed.

https://www.thestar.com.my/news/nation/2021...-via-voice-vote
SUSTOS
post Nov 18 2021, 06:33 PM

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You guys may want to look at this too:

https://www.hasil.gov.my/bt_goindex.php?bt_...=5000&bt_sequ=2

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.

I should read it as "income received from outside Malaysia" upon remittance?
MUM
post Nov 18 2021, 06:39 PM

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QUOTE(TOS @ Nov 18 2021, 06:33 PM)
You guys may want to look at this too:

https://www.hasil.gov.my/bt_goindex.php?bt_...=5000&bt_sequ=2

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.

I should read it as "income received from outside Malaysia" upon remittance?
*
i read as by refering to the way the sentence are framed....YES.
if not yet remit from outside, then means not yet received in M'sia

dwRK
post Nov 19 2021, 09:45 AM

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QUOTE(Hansel @ Nov 18 2021, 03:48 PM)
Bro,...

Think I'll reply to your curiosity here first. After reading that article a few times and discussing with my pals today,... that article is meant more for companies that derive foreign income from their overseas customers and clients. The goods and services 'sold' to those overseas customers were 'produced' in Msia.

But when payment is made,... the funds were 'parked' in overseas accounts,...  biggrin.gif

IRB going after these companies now.
*
thanks bro... I slept on this a while, I came up with similar answer smile.gif

QUOTE
"Selepas tamat tempoh tersebut, pihak  HASiL akan menyemak dan meneliti maklumat-maklumat  pendapatan  pemastautin  Malaysia  yang  disimpan  di  luar  negara  yang  telah diterima melalui perjanjian pertukaran maklumat percukaian dengan negara-negara lain. 

Sekiranya  berdasarkan  semakan,  didapati pendapatan  yang  disimpan  di  luar  negara yang berpunca dari Malaysia masih belum dilaporkan, taksiran tambahan boleh  dibangkitkan berserta dengan penalti selaras dengan peruntukan Akta Cukai Pendapatan 1967."


when IRB uses the term permastautin, they usually refers to individual residents, not companies...so your friends slightly off here...

1st para example, they can ask USA, give them all W8Ben on Malaysian and any income taxes paid, maybe even bank account number and values... but for countries that you have no tax, financial or banking presence, it will be almost impossible for IRB to check

2nd para ties in with below...

QUOTE
PKPP tidak melibatkan pendapatan yang terbit dari Malaysia yang tertakluk kepada cukai bagi tahun taksiran 2021 dan tahun-tahun taksiran seterusnya dan diremit atau dibawa balik dalam tempoh PKPP.


the 3% doesn't cover local source income parked offshore for ya2021 onwards... current law is you need to include in your filing and pay your individual tax rate anyways because it's locally sourced... just in case some smart ass try to be funny, IRB put this extra warning to ppl...the "belum dilaporkan" from 2nd para refers to the filing...

anyways gonna chill n wait for faq...

cheers

This post has been edited by dwRK: Nov 19 2021, 09:54 AM
dwRK
post Nov 19 2021, 10:04 AM

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QUOTE(TOS @ Nov 18 2021, 06:33 PM)
You guys may want to look at this too:

https://www.hasil.gov.my/bt_goindex.php?bt_...=5000&bt_sequ=2

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.

I should read it as "income received from outside Malaysia" upon remittance?
*
QUOTE(MUM @ Nov 18 2021, 06:39 PM)
i read as by refering to the way the sentence are framed....YES.
if not yet remit from outside, then means not yet received in M'sia
*
no no no... this is slightly different...

If you are resident Malaysia and the "economic activity" is in/from Malaysia... you pay tax per your normal filling... it doesn't matter where it's banked in or you remit or not...

SUSyklooi
post Nov 19 2021, 10:41 AM

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QUOTE(dwRK @ Nov 19 2021, 10:04 AM)
no no no... this is slightly different...

If you are resident Malaysia and the "economic activity" is in/from Malaysia... you pay tax per your normal filling... it doesn't matter where it's banked in or you remit or not...
*
if you are resident Malaysia and the "economic activity" is in/from Malaysia... you pay tax per your normal filling.....it doesn't matter where it's banked in or you remit or not.

what if i do investment in M'sia like Unit trust funds or SA/Wahed/etc....that focused in overseas...i think that is also economic activity and this economic activity is in/from Malaysia
i don't pay tax per my normal filling

the dividend distributions of the unit trust from the gains and dividend income received in the holdings of the UT .....are reinvest
if the UT fund or SA/Wahed/etc did not remit income back (when i don't redeem) then it does not matters or does matters?

This post has been edited by yklooi: Nov 19 2021, 10:51 AM
dwRK
post Nov 19 2021, 11:19 AM

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QUOTE(yklooi @ Nov 19 2021, 10:41 AM)
if you are resident Malaysia and the "economic activity" is in/from Malaysia... you pay tax per your normal filling.....it doesn't matter where it's banked in or you remit or not.

what if i do investment in M'sia like Unit trust funds or SA/Wahed/etc....that focused in overseas...i think that is also economic activity and this economic activity is in/from Malaysia
i don't pay tax per my normal filling

the dividend distributions of the unit trust from the gains and dividend income received in the holdings of the UT .....are reinvest
if the UT fund or SA/Wahed/etc did not remit income back (when i don't redeem) then it does not matters or does matters?
*
UT investment is slightly different... capital gains should remain tax free...div and int income currently exempted from tax, that's why we don't file it... there was a time we need to file these but probably way before your time wink.gif

if you look at the US, it doesn't have reinvestment, all funds are distribution type precisely because div & int are taxable at respective payers tax rates...

it's going to be tough to change all the local UT... but imho is a way around it... the fund house will do the segregations and issue a tax statement how much is taxable and not... you just have to report the taxable as income

anyways there's a very strong push back for these to be exempted... will have to wait for the fine prints



This post has been edited by dwRK: Nov 19 2021, 11:30 AM
abcn1n
post Nov 19 2021, 03:06 PM

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QUOTE(dwRK @ Nov 16 2021, 08:42 PM)
the rich ppl no need to bring money back ah... only the poor ppl have no choice, now made even poorer

this mof really heartless... simply blanket tax all remittance

those jump aeroplane ppl send money home to support family... suddenly old retired folks kena pay tax...

ppl already scared bring money in because BNM makes is difficult to sent money back out... now kena tax some more... haiz
*
Yeah
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post Nov 19 2021, 05:10 PM

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QUOTE(dwRK @ Nov 19 2021, 09:45 AM)
thanks bro... I slept on this a while, I came up with similar answer smile.gif
when IRB uses the term permastautin, they usually refers to individual residents, not companies...so your friends slightly off here...

1st para example, they can ask USA, give them all W8Ben on Malaysian and any income taxes paid, maybe even bank account number and values... but for countries that you have no tax, financial or banking presence, it will be almost impossible for IRB to check

2nd para ties in with below...
the 3% doesn't cover local source income parked offshore for ya2021 onwards... current law is you need to include in your filing and pay your individual tax rate anyways because it's locally sourced... just in case some smart ass try to be funny, IRB put this extra warning to ppl...the "belum dilaporkan" from 2nd para refers to the filing...

anyways gonna chill n wait for faq...

cheers
*
Tq first, bro,....

It's hard to write and debate ilke this,... that's why sometimes, when discussions become complicated, I'd rather drop-off,... we can't talk face-to-face anyway.

I was earlier referring to that article three days ago in The Malay Mail, which was published at 10.30pm that night. THat article was solely in English. That article,... like I mentioned,... is more targetted for companies, not individuals.

In your texts above, you are using the word : pemastautin, a Malay word. This word came up from a different article, which was not discussed with my pals. My pals wouldn't
t be wrong then if they were only commenting on the English article from The Malay Mail. That's all,... anyway,.. I'm not here to defend my friends, bro,... lame activity here,...

Better talk abt : pemastautin. YES - you are right, when this word in used, it normally refers to an individual person,... but,.... emm,.... if you look at some documents in the IRB website, could be referring to companies and businesses too.
Hansel
post Nov 19 2021, 05:14 PM

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Bros - CRS or whatever similar instruments,... not so canggih to dig-out everything-lar,... you know how much work involved ? You think foreign fella wants to do so easily ar ?

Unless, they zoom down to your name,... then I don't know-lar,...

Eg,.... When you write your TIN in some borang, write a stupid number,... nobody cares.

OKay,... above are jibes,... gibberish writings,... you can ignore if you wished to.
Hansel
post Nov 19 2021, 05:25 PM

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QUOTE(TOS @ Nov 18 2021, 06:33 PM)
You guys may want to look at this too:

https://www.hasil.gov.my/bt_goindex.php?bt_...=5000&bt_sequ=2

Scope of Taxation

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

I should read it as "income received from outside Malaysia" upon remittance?
*
QUOTE(MUM @ Nov 18 2021, 06:39 PM)
i read as by refering to the way the sentence are framed....YES.
if not yet remit from outside, then means not yet received in M'sia
*
I can't open that article,... my computer here blocking,....

Concerning those two stetements under that title : 'Scope of Taxation' in that article,... thwn I will do this : things are out of my hands. I will not remit back, and I will not report nor declare. If indeed there is a tax on income received from outside Msia,... and the sentence stops like that, then tax authority must do a process called T.A.S.. They must do,.... not I do anymore.

If, on the other hand, I remit back, then I will declare whatever I remit back, and perform as required under the new Finance Bill.

Looks like things keep changing everyday,... like I said earlier,... what happened to the expression : upon remittence ? This expression is not mentioned anywhere anymore in recent public articles. This is very dodgy,....
dwRK
post Nov 19 2021, 05:51 PM

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QUOTE(Hansel @ Nov 19 2021, 05:10 PM)
Tq first, bro,....

It's hard to write and debate ilke this,... that's why sometimes, when discussions become complicated, I'd rather drop-off,... we can't talk face-to-face anyway.

I was earlier referring to that article three days ago in The Malay Mail, which was published at 10.30pm that night. THat article was solely in English. That article,... like I mentioned,... is more targetted for companies, not individuals.

In your texts above, you are using the word : pemastautin, a Malay word. This word came up from a different article, which was not discussed with my pals. My pals wouldn't
t be wrong then if they were only commenting on the English article from The Malay Mail. That's all,... anyway,.. I'm not here to defend my friends, bro,... lame activity here,...

Better talk abt : pemastautin. YES - you are right, when this word in used, it normally refers to an individual person,... but,.... emm,.... if you look at some documents in the IRB website, could be referring to companies and businesses too.
*
thanks for replying bro... no worries lah, yum cha easy to talk... ding dong here troublesome ... I just gonna chill out lah... weekend already... got better things to do man than talk tax... smile.gif
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post Nov 19 2021, 06:06 PM

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QUOTE(dwRK @ Nov 19 2021, 05:51 PM)
thanks for replying bro... no worries lah, yum cha easy to talk... ding dong here troublesome ... I just gonna chill out lah... weekend already... got better things to do man than talk tax... smile.gif
*
Yes bro,... you are right,.... thumbup.gif thumbup.gif biggrin.gif
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post Nov 20 2021, 09:09 PM

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May I know whether this new tax will be based on the transaction date when the money received in Malaysia or it's based on the date when the income was generated?

E.g. those foreign income earned before year 2022 when it's remitted back to Msia after year 2021 then such remitted amount might need to be taxed too?

Thanks
prophetjul
post Nov 21 2021, 09:54 AM

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i have a question here:

This tax is based on tax residency.
I believe it means one that is staying in malaysia for 180 days of the tax calendar year.

If one is staying in Aus, but having his/her income coming into Malaysian bank account, how does this work?

Thanks in advance.
MUM
post Nov 21 2021, 10:43 AM

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QUOTE(prophetjul @ Nov 21 2021, 09:54 AM)
i have a question here:

This tax is based on tax residency.
I believe it means one that is staying in malaysia for 180 days of the tax calendar year.

If one is staying in Aus, but having his/her income coming into Malaysian bank account, how does this work?

Thanks in advance.
*
My guess,....just guess
If you are staying in Australia, then you will be an Australian tax residence. Then bnm will tell their Australia counter part thru their information exchange agreement abt your bank a/c information in malaysia.

prophetjul
post Nov 21 2021, 10:49 AM

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QUOTE(MUM @ Nov 21 2021, 10:43 AM)
My guess,....just guess
If you are staying in Australia, then you will be an Australian tax residence. Then bnm will tell their Australia counter part thru their information exchange agreement abt your bank a/c information in malaysia.
*
Being denominated in MYR, after conversion to AUD, the tax bracket is probably quite low or negligible. smile.gif

QUOTE
Australian resident
As an Australian resident for tax purposes, you must declare income you earn anywhere in the world on your Australian tax return. This is known as your worldwide income. This includes any foreign income you may receive from:

pensions and annuities
business activities
employment and personal services
assets and investments
capital gains on overseas assets.
Australian residents (for tax purposes) with a tax file number generally pay a lower rate of tax than foreign residents.

https://www.ato.gov.au/Individuals/Income-a...rldwide-income/


QUOTE
Australian income tax rates for 2020–21 and 2021–22 (residents)
Income thresholds Rate Tax payable on this income
$0 – $18,200 0% Nil
$18,201 – $45,000 19% 19c for each $1 over $18,200
$45,001 – $120,000 32.5% $5,092 plus 32.5c for each $1 over $45,000
$120,001 – $180,000 37% $29,467 plus 37c for each $1 over $120,000


Maybe it is better to be taxed in malaysia afterall. laugh.gif

This post has been edited by prophetjul: Nov 21 2021, 10:54 AM
MUM
post Nov 21 2021, 10:58 AM

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QUOTE(prophetjul @ Nov 21 2021, 10:49 AM)
Being denominated in MYR, after conversion to AUD, the tax bracket is probably quite low or negligible.  smile.gif
*
So that means, you will pay to Australian govt and nothing to do Malaysian govt unless that money in malaysia are used as an income generating platform in malaysia like property gain tax for example?
prophetjul
post Nov 21 2021, 11:00 AM

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QUOTE(MUM @ Nov 21 2021, 10:58 AM)
So that means, you will pay to Australian govt and nothing to do Malaysian govt unless that money in malaysia are used as an income generating platform in malaysia like property gain tax for example?
*
Whatever is best for individual taxation. But the Aussie tax rate is pretty steep. So it is better to [ay Malaysian taxes i guess.
MUM
post Nov 21 2021, 11:04 AM

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QUOTE(prophetjul @ Nov 21 2021, 11:00 AM)
Whatever is best for individual taxation. But the Aussie tax rate is pretty steep. So it is better to [ay Malaysian taxes i guess.
*
But if you are not a malaysia tax residence, how to go around that?
prophetjul
post Nov 21 2021, 11:28 AM

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QUOTE(MUM @ Nov 21 2021, 11:04 AM)
But if you are not a malaysia tax residence, how to go around that?
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Stay 183 days in Malaysia then. Haha
MUM
post Nov 21 2021, 11:34 AM

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QUOTE(prophetjul @ Nov 21 2021, 11:28 AM)
Stay 183 days in Malaysia then. Haha
*
You will then become a Malaysian tax residence👍👍
But, Then as per post 216,
Australian residents (for tax purposes) with a tax file number generally pay a lower rate of tax than foreign residents.

Will you continued to be an Australia tax residence too?
prophetjul
post Nov 21 2021, 01:02 PM

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QUOTE(MUM @ Nov 21 2021, 11:34 AM)
You will then become a Malaysian tax residence👍👍
But, Then as per post 216,
Australian residents (for tax purposes) with a tax file number generally pay a lower rate of tax than foreign residents.

Will you continued to be an Australia tax residence too?
*
Lower as Aussie residents does not mean it is lower than Msian taxes. laugh.gif

QUOTE
Australian income tax rates for 2020–21 and 2021–22 (residents)
Income thresholds Rate Tax payable on this income
$0 – $18,200 0% Nil
$18,201 – $45,000 19% 19c for each $1 over $18,200
$45,001 – $120,000 32.5% $5,092 plus 32.5c for each $1 over $45,000
$120,001 – $180,000 37% $29,467 plus 37c for each $1 over $120,000

MUM
post Nov 21 2021, 01:05 PM

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QUOTE(prophetjul @ Nov 21 2021, 01:02 PM)
Lower as Aussie residents does not mean it is lower than Msian taxes.  laugh.gif
*
I dont mind paying Australian taxes if I can make Aussie dollar n still hv enough to Aussie dollar to save.
prophetjul
post Nov 21 2021, 01:22 PM

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QUOTE(MUM @ Nov 21 2021, 01:05 PM)
I dont mind paying Australian taxes if I can make Aussie dollar n still hv enough to Aussie dollar to save.
*
i think which ever allows me to pay the lower tax. However, having said this maybe better to [ay Aussie taxes as it is put to better use. Look at their infrastructures. Class A compared with our class F infra.
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post Nov 21 2021, 09:48 PM

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QUOTE(prophetjul @ Nov 21 2021, 11:28 AM)
Stay 183 days in Malaysia then. Haha
*
Aust financial year is 1 July - 30 June while Msia financial year is the calendar year (1 Jan - 31 Dec). If you have assets in Aust and is a non-resident, then you pay a flat 10% tax. Declaring yourself as a non-tax resident may actually save you tax if your income (from your assets) is quite substantial.

Let me quote you an example:

Let's say you have an income of A100k. As a non-tax resident, you will pay a flat 10% which is A10k. Now if you were a tax resident of Aust, you will have a tax bill of around A23k (not including the 2% Medicare levy). This is why a lot of people do not want to stay more than 183 day/yr in Aust so then they become non-tax resident and their tax bill is a lot less.

Aust tax rate:

$0 – $18,200 0% Nil
$18,201 – $45,000 19% 19c for each $1 over $18,200
$45,001 – $120,000 32.5% $5,092 plus 32.5c for each $1 over $45,000
$120,001 – $180,000 37% $29,467 plus 37c for each $1 over $120,000
$180,001 and over 45% $51,667 plus 45c for each $1 over $180,000

P's: As far as i am aware the above is correct but the tax rules may have changed in the last few years.

This post has been edited by Garysydney: Nov 21 2021, 09:58 PM
edwin1002
post Nov 21 2021, 09:59 PM

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If international stock broker money go to singapore bank first, after that i use transferwise to transfer money to local bank, how they justify that is income from oversea?
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post Nov 21 2021, 10:55 PM

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QUOTE(edwin1002 @ Nov 21 2021, 09:59 PM)
If international stock broker money go to singapore bank first, after that i use transferwise to transfer money to local bank, how they justify that is income from oversea?
*
Money from SG bank to local bank, that is money from overseas. Then ask: where does the money from SG bank (i.e. overseas) come from? Traceback, and money comes from stock broker. Now IRB can't be sure if the money from stock broker is income in nature or not, so you need to prove it with brokerage statements. What portion is income, what portion is capital gains, what portion is original capital etc. Tedious as it might sound, that is how you justify income from overseas.

Bottom line: KEEP your documents.
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post Nov 21 2021, 11:02 PM

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QUOTE(TOS @ Nov 21 2021, 10:55 PM)
Money from SG bank to local bank, that is money from overseas. Then ask: where does the money from SG bank (i.e. overseas) come from? Traceback, and money comes from stock broker. Now IRB can't be sure if the money from stock broker is income in nature or not, so you need to prove it with brokerage statements. What portion is income, what portion is capital gains, what portion is original capital etc. Tedious as it might sound, that is how you justify income from overseas.

Bottom line: KEEP your documents.
*
if i lose money from stock market, whether i still need pay tax? if original RM10,000 to Singpaore, transfer back is RM8,000.

RM8,000 will be taxed?
SUSTOS
post Nov 21 2021, 11:10 PM

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QUOTE(edwin1002 @ Nov 21 2021, 11:02 PM)
if i lose money from stock market, whether i still need pay tax? if original RM10,000 to Singpaore, transfer back is RM8,000.

RM8,000 will be taxed?
*
Losing capital is not subject to tax certainly, but if you receive dividends during the holding period, your dividends will still be taxed when brought back, so you have "double loses" (assuming no tax treaty in the said country with Malaysia). It remains to be seen if IRB malaysia will allow you to claim tax credits against your loses (US IRS allows that, but they have capital gain tax), but I don't think this is likely, nor is it mentioned in the supply bill/budget. More details will be seen in the finance bill.

It has not been finalized yet.

This post has been edited by TOS: Nov 21 2021, 11:11 PM
dwRK
post Nov 22 2021, 11:01 AM

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QUOTE(Garysydney @ Nov 21 2021, 09:48 PM)
Aust financial year is 1 July - 30 June while Msia financial year is the calendar year (1 Jan - 31 Dec). If you have assets in Aust and is a non-resident, then you pay a flat 10% tax. Declaring yourself as a non-tax resident may actually save you tax if your income (from your assets) is quite substantial.
maybe you thinking of witholding tax...


QUOTE
Let me quote you an example:

Let's say you have an income of A100k. As a non-tax resident, you will pay a flat 10% which is A10k. Now if you were a tax resident of Aust, you will have a tax bill of around A23k (not including the 2% Medicare levy). This is why a lot of people do not want to stay more than 183 day/yr in Aust so then they become non-tax resident and their tax bill is a lot less.

*
user posted image
user posted image
resident cheaper...
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post Nov 22 2021, 11:27 AM

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QUOTE(prophetjul @ Nov 21 2021, 09:54 AM)
i have a question here:

This tax is based on tax residency.
I believe it means one that is staying in malaysia for 180 days of the tax calendar year.

If one is staying in Aus, but having his/her income coming into Malaysian bank account, how does this work?

Thanks in advance.
*
foreign source income implies you're local tax resident/payer with foreign income... if you're now a foreign tax resident with foreign income, this law probably doesn't apply to you...

but you can't simply stay >180day somewhere and declare you're not a local tax resident anymore... need to clear tax with irb and tell them sayonara...

and now any income in malaysia (e.g., rent out your old house, etc), you supposed to pay a flat-rate non-resident malaysian tax...and also top-up foreign source income tax to you australian tax...

This post has been edited by dwRK: Nov 22 2021, 02:24 PM
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post Nov 22 2021, 02:22 PM

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QUOTE(dwRK @ Nov 22 2021, 11:01 AM)
maybe you thinking of witholding tax...
user posted image
user posted image
resident cheaper...
*
Thank you for correcting me.

You are right on your calculations there thumbsup.gif
prophetjul
post Nov 23 2021, 11:38 AM

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QUOTE(dwRK @ Nov 22 2021, 11:27 AM)
foreign source income implies you're local tax resident/payer with foreign income... if you're now a foreign tax resident with foreign income, this law probably doesn't apply to you...

but you can't simply stay >180day somewhere and declare you're not a local tax resident anymore... need to clear tax with irb and tell them sayonara...

and now any income in malaysia (e.g., rent out your old house, etc), you supposed to pay a flat-rate non-resident malaysian tax...and also top-up foreign source income tax to you australian tax...
*
Thanks mate.


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post Nov 24 2021, 09:00 AM

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Out of curiosity, is there some way this can affect foreign asset-backed loan remitted back to Malaysia? Will it be like capital gains, where if I kept the papers to prove that this remittance is not income, the worse that could happen is just an audit session?
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post Nov 24 2021, 09:33 AM

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QUOTE(Hoshiyuu @ Nov 24 2021, 09:00 AM)
Out of curiosity, is there some way this can affect foreign asset-backed loan remitted back to Malaysia? Will it be like capital gains, where if I kept the papers to prove that this remittance is not income, the worse that could happen is just an audit session?
*
Interest from loans will also be taxed, if I understand correctly, as it is income in nature.
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post Nov 24 2021, 12:46 PM

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QUOTE(TOS @ Nov 24 2021, 09:33 AM)
Interest from loans will also be taxed, if I understand correctly, as it is income in nature.
*
Ah, I mean if I take a loan ( I am borrowing money) and remitting back to Malaysia, I am not the one lending out.
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post Nov 24 2021, 01:02 PM

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QUOTE(Hoshiyuu @ Nov 24 2021, 12:46 PM)
Ah, I mean if I take a loan ( I am borrowing money) and remitting back to Malaysia, I am not the one lending out.
*
hmm.gif good scenario,...
if i have lhdn undeclared money overseas,...i used that to buy property,...i mortgage that property (loan money),...take that "loaned" money back to Malaysia with all the paper work of that loan...

hmm.gif hmm.gif
dwRK
post Nov 24 2021, 02:22 PM

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QUOTE(yklooi @ Nov 24 2021, 01:02 PM)
hmm.gif good scenario,...
if i have lhdn undeclared money overseas,...i used that to buy property,...i mortgage that property (loan money),...take that "loaned" money back to Malaysia with all the paper work of that loan...

hmm.gif  hmm.gif
*
very good... no more foreign sourced income...now very much like money laundering... rclxm9.gif

joking ah... obviously you got paperwork where money comes to buy house... but money still need to flow back out wor to service loan... nett zero

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post Nov 24 2021, 02:46 PM

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QUOTE(dwRK @ Nov 24 2021, 02:22 PM)
very good... no more foreign sourced income...now very much like money laundering... rclxm9.gif

joking ah... obviously you got paperwork where money comes to buy house... but money still need to flow back out wor to service loan... nett zero
*
Loan is serviced in the country of loan origin,... While earning income n pay taxes there. Maybe if can use to offset some taxes for loan repayment too 🤔🤔 ( like offset interest on loan when seeking rental income tax rebate in msia)
Loaned Money back to msia if can no tax 👍👍

🤑🤑😁

This post has been edited by yklooi: Nov 24 2021, 03:19 PM
Hoshiyuu
post Nov 24 2021, 03:37 PM

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QUOTE(dwRK @ Nov 24 2021, 02:22 PM)
very good... no more foreign sourced income...now very much like money laundering... rclxm9.gif

joking ah... obviously you got paperwork where money comes to buy house... but money still need to flow back out wor to service loan... nett zero
*
Was thinking the tax implications if I perform a margin loan backed by securities on foreign brokerage. If I pay the loan back with my salary, then it's already taxed locally normally. If my securities price go up, then sold to pay back the loan, then does my initial loan remitted back to Malaysia becomes realized capital gains instead?

Feels like a mess and open for interpretion and potentially incredible harmful to the honest tax payer...
dwRK
post Nov 24 2021, 03:47 PM

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QUOTE(Hoshiyuu @ Nov 24 2021, 03:37 PM)
Was thinking the tax implications if I perform a margin loan backed by securities on foreign brokerage. If I pay the loan back with my salary, then it's already taxed locally normally. If my securities price go up, then sold to pay back the loan, then does my initial loan remitted back to Malaysia becomes realized capital gains instead?

Feels like a mess and open for interpretion and potentially incredible harmful to the honest tax payer...
*
keep it simple lah... imho

send 100k out... bring back 100k... capital money, no tax

share sold with profits... bring back capital gain profit 50k, should be no tax

share paid dividend $100... bring this back kena tax

how you roll your money, margin loan or not... all these are inconsequential...

This post has been edited by dwRK: Nov 24 2021, 04:26 PM
dwRK
post Nov 24 2021, 04:29 PM

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QUOTE(yklooi @ Nov 24 2021, 02:46 PM)
Loan is serviced in the country of loan origin,... While earning income n pay taxes there. Maybe if can use to offset some taxes for loan repayment too 🤔🤔 ( like offset interest on loan when seeking rental income tax rebate in msia)
Loaned Money back to msia if can no tax 👍👍

🤑🤑😁
*
too cryptic... cannot decipher...
tehoice
post Nov 26 2021, 11:23 AM

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QUOTE(dwRK @ Nov 24 2021, 03:47 PM)
keep it simple lah... imho

send 100k out... bring back 100k... capital money, no tax

share sold with profits... bring back capital gain profit 50k, should be no tax

share paid dividend $100... bring this back kena tax

how you roll your money, margin loan or not... all these are inconsequential...
*
further question.

if you reinvest your dividends received turn it into capital.

then this capital makes further capital gain.

you decide to bring back these newly made capital gain.

how should it be treated?
dwRK
post Nov 26 2021, 01:56 PM

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QUOTE(tehoice @ Nov 26 2021, 11:23 AM)
further question.

if you reinvest your dividends received turn it into capital.

then this capital makes further capital gain.

you decide to bring back these newly made capital gain.

how should it be treated?
*
just follow dividend reports showing the values...anything else is capital & profit...

I would only bring these dividends back after retirement below taxable threshold... so effectively paying zero tax lawfully... wink.gif

so just make sure at any time, account value > sum total of dividends received... this proof you haven't brought back any dividends...

This post has been edited by dwRK: Nov 26 2021, 02:03 PM
tehoice
post Nov 26 2021, 02:52 PM

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QUOTE(dwRK @ Nov 26 2021, 01:56 PM)
just follow dividend reports showing the values...anything else is capital & profit...

I would only bring these dividends back after retirement below taxable threshold... so effectively paying zero tax lawfully... wink.gif

so just make sure at any time, account value > sum total of dividends received... this proof you haven't brought back any dividends...
*
can stress enough.

bottom line is, keep your documentations in good order.
QSYT P
post Dec 6 2021, 04:27 PM

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just want to check if there is any limit for bank to receive foreign transfer let's say through transferwise per transaction? Saw that some mention cannot more than RM 50K for residents else account will be locked?

MUM
post Dec 6 2021, 04:37 PM

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QUOTE(QSYT @ Dec 6 2021, 04:27 PM)
just want to check if there is any limit for bank to receive foreign transfer let's say through transferwise per transaction? Saw that some mention cannot more than RM 50K for residents else account will be locked?
*
googled and found this

How much can I send?

You can send up to 975,000 MYR per transfer. We may ask for more documents if you send more than 200,000 MYR.
https://wise.com/help/articles/2932332/guid...o-myr-transfers


MUM
post Dec 7 2021, 12:49 PM

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just happened to read this....

22 Nov 2021 article...

https://www.pwc.com/my/en/assets/media/pwc-...agdev-singh.pdf

hope those whom are involved and had these similar situations will have to follow up on this closer....



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QSYT P
post Dec 7 2021, 01:49 PM

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[quote=MUM,Dec 6 2021, 04:37 PM]
googled and found this



Yes, saw this but somewhere which I cannot recall mentioned like max RM 50K. Hopefully the info at Wise is up to date.smile.gif
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post Dec 13 2021, 06:26 AM

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QUOTE(dwRK @ Nov 19 2021, 09:45 AM)
2nd para ties in with below...
the 3% doesn't cover local source income parked offshore for ya2021 onwards... current law is you need to include in your filing and pay your individual tax rate anyways because it's locally sourced... just in case some smart ass try to be funny, IRB put this extra warning to ppl...the "belum dilaporkan" from 2nd para refers to the filing...

anyways gonna chill n wait for faq...

cheers
*
This criteria's a little funny though.

They said they will accept any locally sourced income brought in from overseas during the PKPP period without conducting any "audit, investigation and penalty."

Then how would they know if someone decide to bring back locally sourced income parked offshore for YA2021 onwards under this scheme since there won't be any audit/investigation?

By logic, since this scheme will start from 1st of Jan 2022 until 30th of June 2022, shouldn't the criteria be YA2024 onwards instead since any locally sourced income that is brought in from overseas after the date the scheme ends can be easily differentiated & tracked?

rclxub.gif

This post has been edited by Cyberbullies: Dec 13 2021, 06:33 AM
dwRK
post Dec 13 2021, 09:56 AM

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QUOTE(Cyberbullies @ Dec 13 2021, 06:26 AM)
This criteria's a little funny though.

They said they will accept any locally sourced income brought in from overseas during the PKPP period without conducting any "audit, investigation and penalty."

Then how would they know if someone decide to bring back locally sourced income parked offshore for YA2021 onwards under this scheme since there won't be any audit/investigation?

By logic, since this scheme will start from 1st of Jan 2022 until 30th of June 2022, shouldn't the criteria be YA2024 onwards instead since any locally sourced income that is brought in from overseas after the date the scheme ends can be easily differentiated & tracked?

rclxub.gif
*
they know when you have inward xfers to your account... they say will close one eye won't investigate how you get the funds provided you declare in a special form and pay 3% tax

after June, any new taxable transfers you declare in YA2023...

they won't track all the xfers... they just flag suspicious ones then ask you come prove to them its legitimate... so it's up to you to track your own...


Cyberbullies
post Dec 13 2021, 04:07 PM

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QUOTE(dwRK @ Dec 13 2021, 09:56 AM)
they know when you have inward xfers to your account... they say will close one eye won't investigate how you get the funds provided you declare in a special form and pay 3% tax

after June, any new taxable transfers you declare in YA2023...

they won't track all the xfers... they just flag suspicious ones then ask you come prove to them its legitimate... so it's up to you to track your own...
*
Which is why I don't understand the YA2021 onwards rule lol.

I don't see how the violation of this rule will not happen given the good faith promise (up to June 2022 of course).

Can you think of any legitimate reason why they included this superfluous rule?


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post Dec 13 2021, 05:39 PM

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QUOTE(Cyberbullies @ Dec 13 2021, 04:07 PM)
Which is why I don't understand the YA2021 onwards rule lol.

I don't see how the violation of this rule will not happen given the good faith promise (up to June 2022 of course).

Can you think of any legitimate reason why they included this superfluous rule?
*
this is them covering their base lor imho...

some smart ppl might take advantage of the 3%... so instead of declaring and paying tier rate for YA2021... they try push it to 2022 and pay 3%...

Cyberbullies
post Dec 13 2021, 08:22 PM

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QUOTE(dwRK @ Dec 13 2021, 05:39 PM)
this is them covering their base lor imho...

some smart ppl might take advantage of the 3%... so instead of declaring and paying tier rate for YA2021...  they try push it to 2022 and pay 3%...
*
but pretty sure this is kind of a honeypot thing - if you enroll into this programme, your future transfers would probably be scrutinised more heavily lol

This post has been edited by Cyberbullies: Dec 13 2021, 08:22 PM
seanlam
post Dec 16 2021, 10:36 AM

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guys, whats your plan thereafter finance bill come into force fromm jan 2022?
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post Dec 16 2021, 10:41 AM

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QUOTE(seanlam @ Dec 16 2021, 10:36 AM)
guys, whats your plan thereafter finance bill come into force fromm jan 2022?
*
Keep your documents on dividends/interests income (bank account statements and broker's tax documents) for at least 7 years. Plan your repatriation from overseas banks like SG according to your needs considering your tax bracket (say, 24%).
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post Dec 16 2021, 10:44 AM

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your income should be taxed in and filed from the country you receive your income from no? confused.gif
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post Dec 16 2021, 10:58 AM

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QUOTE(benho88 @ Dec 16 2021, 10:44 AM)
your income should be taxed in and filed from the country you receive your income from no?  confused.gif
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It depends on the regulations of both countries (and also your citizenship, for the case of US Green card holders/citizens).
carloschak
post Dec 16 2021, 11:05 AM

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means as long as i file tax in the country i receive my income (for my case HK), regardless if i am based here in kl, i don't have to file this foreign income tax ?
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post Dec 16 2021, 11:09 AM

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I read that the duration where you reside in Malaysia has an implication on this taxation as well (regardless if you are paying tax in the country where you are receiving the income) when you repatriate the money.
Anyone can enlighten?
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post Dec 16 2021, 11:15 AM

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QUOTE(benho88 @ Dec 16 2021, 10:44 AM)
your income should be taxed in and filed from the country you receive your income from no?  confused.gif
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if you meant "employment" income for example?
if yes, try read post 248 just posted by MUM above.

but i guess the final say on these scenario are yet to be from MoF or LHDN..maybe they ar still not yet finalise all the FAQs questioned being given to them

This post has been edited by yklooi: Dec 16 2021, 11:23 AM
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post Dec 16 2021, 11:22 AM

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QUOTE(electron @ Dec 16 2021, 11:09 AM)
I read that the duration where you reside in Malaysia has an implication on this taxation as well (regardless if you are paying tax in the country where you are receiving the income) when you repatriate the money.
Anyone can enlighten?
*
Read post 248,
working in Spore,...pay Spore tax,
but he is a M'sia tax residents bcos he is staying in JB
current tax regime no need to pay Msia tax,....BUT
next year kena tax if the income are brought back....

but i guess the fianl say on these scenario are yet to be from MoF or LHDN..
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post Dec 16 2021, 11:30 AM

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QUOTE(carloschak @ Dec 16 2021, 11:05 AM)
means as long as i file tax in the country i receive my income (for my case HK), regardless if i am based here in kl, i don't have to file this foreign income tax ?
*
If you receive "income" from HK, that is taxable starting from 2022 in Malaysia (you still need to file for taxes in HK). So you need to file for foreign income tax beginning next year in Malaysia, apart from HK. Don't worry about double taxation as tax treaties will come into play. https://phl.hasil.gov.my/pdf/pdfam/HKDTA_25042018.pdf

This post has been edited by TOS: Dec 16 2021, 11:31 AM
electron
post Dec 16 2021, 12:24 PM

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QUOTE(yklooi @ Dec 16 2021, 11:22 AM)
Read post 248,
working in Spore,...pay Spore tax,
but he is a M'sia tax residents bcos he is staying in JB
current tax regime no need to pay Msia tax,....BUT
next year kena tax if the income are brought back....

but i guess the fianl say on these scenario are yet to be from MoF or LHDN..
*
Yeah, whole thing feels very rushed.
How do they view big expenses which are charged to credit card?
Example, work in Singapore, buy things/pay school fees/insurance/etc in Malaysia? Better off paying with SIngapore issued credit cards?
Or those paying instalment for house/cars?
Are we going to see a u-turn, at least on Singapore?
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post Dec 16 2021, 12:42 PM

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QUOTE(electron @ Dec 16 2021, 12:24 PM)
Yeah, whole thing feels very rushed.
How do they view big expenses which are charged to credit card?
Example, work in Singapore, buy things/pay school fees/insurance/etc in Malaysia? Better off paying with SIngapore issued credit cards?
Or those paying instalment for house/cars?
Are we going to see a u-turn, at least on Singapore?
*
i think, they won't just "exempt" or make U turn for any one particular country....
but more to (hopefully) like those of HK.... where their amended laws ...

".... target corporations, particularly those with no substantial economic activity in Hong Kong, that make use of passive income to evade tax across a border. Individual taxpayers will not be affected. As to financial institutions, their offshore interest income is already subject to profits tax under the Inland Revenue Ordinance at present, and hence the legislative amendments will not increase their tax burden."
https://www.tax-news.com/news/Hong_Kong_To_...e____97984.html

there is a recent posting in post 29266 at FSM thread
https://forum.lowyat.net/topic/4193169/+29260#entry103127278
the mentioned product has a new 24% taxation targeted corporation but not individual..
ikanbilis
post Dec 16 2021, 12:42 PM

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QUOTE(seanlam @ Dec 16 2021, 10:36 AM)
guys, whats your plan thereafter finance bill come into force fromm jan 2022?
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Now i am transferring back my one year living expenses before 31 Dec. Will evaluate the situation again at the end of 2022 whether or not to bring more money back home.
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post Dec 16 2021, 02:57 PM

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I believe the focus will be on corporations and companies first before they turn to individuals.

"Collect from the larger cashcows first".
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post Dec 17 2021, 12:04 AM

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QUOTE(Hansel @ Dec 16 2021, 02:57 PM)
I believe the focus will be on corporations and companies first before they turn to individuals.

"Collect from the larger cashcows first".
*
Nah I think they try to squeeze everybody. Theres a an article somewhere in this forum mentioned people working in sg who remit money back will be tax.
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post Dec 17 2021, 09:48 AM

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better keep money abroad and don't bring back until new gov is in and abolish this rule haha
seanlam
post Dec 17 2021, 10:13 AM

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had a talk with PRS advisior in reference to this FSI and Finance Bill 2021, she claimed the impact on prs funds are minimal except those fixed income type. Dividend reinvestment plan (DRIP?DRP) is the main reason of lowered effect on those funds.

mind blowing confused.gif , how would it impact fixed income fund so much rather than other type? Did i been mislead? Aiyah... mind intertwined bangwall.gif anyone can connecting the dots
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post Dec 17 2021, 10:19 AM

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QUOTE(seanlam @ Dec 17 2021, 10:13 AM)
had a talk with PRS advisior in reference to this FSI and Finance Bill 2021, she claimed the impact on prs funds are minimal except those fixed income type. Dividend reinvestment plan (DRIP?DRP) is the main reason of  lowered effect on those funds.

mind blowing  :confused: , how would it impact fixed income fund so much rather than other type? Did i been mislead? Aiyah... mind intertwined  bangwall.gif  anyone can connecting the dots
*
Fixed income prs funds also will be dividend reinvested,.....
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post Dec 17 2021, 10:28 AM

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QUOTE(seanlam @ Dec 17 2021, 10:13 AM)
had a talk with PRS advisior in reference to this FSI and Finance Bill 2021, she claimed the impact on prs funds are minimal except those fixed income type. Dividend reinvestment plan (DRIP?DRP) is the main reason of  lowered effect on those funds.

mind blowing  :confused: , how would it impact fixed income fund so much rather than other type? Did i been mislead? Aiyah... mind intertwined  bangwall.gif  anyone can connecting the dots
*
She fooled you first. Haha
MUM
post Dec 17 2021, 06:48 PM

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just read this....just out today

SOALAN LAZIM BERKAITAN PROGRAM KHAS PEREMITAN PENDAPATAN (PKPP)
KEPADA PEMASTAUTIN DI MALAYSIA YANG MEMPUNYAI PENDAPATAN YANG
DISIMPAN DI LUAR NEGARA
( Dikeluarkan pada 17 Disember 2021 )

https://phl.hasil.gov.my/pdf/pdfam/FAQ_PKPP_2.pdf

mentioned ....individual tax payer.....or others including, (this "or others including") will means anything, everything ?? sweat.gif rclxub.gif cry.gif

This post has been edited by MUM: Dec 17 2021, 06:48 PM


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post Dec 17 2021, 07:12 PM

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QUOTE(MUM @ Dec 17 2021, 06:48 PM)
just read this....just out today

SOALAN LAZIM BERKAITAN PROGRAM KHAS PEREMITAN PENDAPATAN (PKPP)
KEPADA PEMASTAUTIN DI MALAYSIA YANG MEMPUNYAI PENDAPATAN YANG
DISIMPAN DI LUAR NEGARA
( Dikeluarkan pada 17 Disember 2021 )

https://phl.hasil.gov.my/pdf/pdfam/FAQ_PKPP_2.pdf

mentioned ....individual tax payer.....or others including, (this "or others including") will means anything, everything ?? sweat.gif  rclxub.gif  cry.gif
*
If brought in 100k RM, RM3000 terbang mad.gif
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post Dec 17 2021, 07:14 PM

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QUOTE(jack2 @ Dec 17 2021, 07:12 PM)
If brought in 100k RM, RM3000 terbang mad.gif
*
alot MORE if after 30 June 2022 cry.gif cry.gif
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post Dec 17 2021, 09:29 PM

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QUOTE(Ramjade @ Dec 17 2021, 12:04 AM)
Nah I think they try to squeeze everybody. Theres a an article somewhere in this forum mentioned people working in sg who remit money back will be tax.
*
I'll counter you first. Wanna squeeze everybody also need to take turns,... They don't have an unlimited workforce,.. they also need to take turns to squeeze one by one.

So,... in the grand scheme of things,... whoever stands out will be squeezed first, right ?
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post Dec 17 2021, 09:42 PM

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QUOTE(TOS @ Dec 16 2021, 11:30 AM)
If you receive "income" from HK, that is taxable starting from 2022 in Malaysia (you still need to file for taxes in HK). So you need to file for foreign income tax beginning next year in Malaysia, apart from HK. Don't worry about double taxation as tax treaties will come into play. https://phl.hasil.gov.my/pdf/pdfam/HKDTA_25042018.pdf
*
No, bro,... pls don't misinterpret. You do not need to file for foreign income tax in Msia BECAUSE Msia does not practise a Residential Taxation System.

Msia will start practising a Hybrid Taxation System from YA2022, which is a form of Territorial Taxation System.

You only need to declare what you remit in,... AND in the process, you need to justify why that amt may not be taxed. That's all.


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post Dec 17 2021, 09:44 PM

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QUOTE(MUM @ Dec 17 2021, 06:48 PM)
just read this....just out today

SOALAN LAZIM BERKAITAN PROGRAM KHAS PEREMITAN PENDAPATAN (PKPP)
KEPADA PEMASTAUTIN DI MALAYSIA YANG MEMPUNYAI PENDAPATAN YANG
DISIMPAN DI LUAR NEGARA
( Dikeluarkan pada 17 Disember 2021 )

https://phl.hasil.gov.my/pdf/pdfam/FAQ_PKPP_2.pdf

mentioned ....individual tax payer.....or others including, (this "or others including") will means anything, everything ?? sweat.gif  rclxub.gif  cry.gif
*
Hmm,... this is bad, 'dan lain-lain' can mean capital gains too,....

They shld use the words : 'kecuali (etc, etc),...'
dwRK
post Dec 17 2021, 09:53 PM

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QUOTE(Hansel @ Dec 17 2021, 09:44 PM)
Hmm,... this is bad, 'dan lain-lain' can mean capital gains too,....

They shld use the words : 'kecuali (etc, etc),...'
*
capital and profits not covered by pkpp... i read that as not subject to tax

if foreign tax has been paid...can claim tax credits

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post Dec 17 2021, 09:55 PM

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QUOTE(jack2 @ Dec 17 2021, 07:12 PM)
If brought in 100k RM, RM3000 terbang mad.gif
*
QUOTE(MUM @ Dec 17 2021, 07:14 PM)
alot MORE if after 30 June 2022  cry.gif  cry.gif
*
I suggest,.... better not bring anything back between Jan and Jun 2022, in order not to 'create a need for filling-up that declaration form which will make you stand-out'. If you need your foreign income to maintain your quality of life in Msia,... bring back before December 31st this year.

Starting from July 2022,.... your foreign income forms part of your local income declaration already,... then it's business as usual subsequently from the point of view of declaring taxes. If yu guys say : a lot more after 30 June 2022,... then you are already a high-income earner,...

And that 24% will kick-in to your foreign income remitted back because,... well,.... you need to use so much money in Msia, right ?

If you don't need to use so much money in Msia,... then you won't be taxed so much on what you make overseas. If you cut down on your expenses in Msia,.. and spend more overseas,...well,.... you do the maths,...

And finally,... I suspect the RM will weaken further if the BNM does not increase BLR. So,... whatever you remit back will earn you more RM for the same amt remitted previously. So,... your buying pwr will be stronger come next year onwards.

Just some suggestions,....
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post Dec 17 2021, 09:59 PM

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QUOTE(dwRK @ Dec 17 2021, 09:53 PM)
capital and profits not covered by pkpp... i read that as not subject to tax

if foreign tax has been paid...can claim tax credits
*
Ok,... tq for clarifying, bro,... this means if you are bringing back capital and profits, no need to fill up the declaration form, right ?
dwRK
post Dec 17 2021, 10:01 PM

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QUOTE(Hansel @ Dec 17 2021, 09:59 PM)
Ok,... tq for clarifying, bro,... this means if you are bringing back capital and profits, no need to fill up the declaration form, right ?
*
correct

B3. Sekiranya pendapatan yang diremitkan adalah terbit dari laba/keuntungan modal, adakah tertakluk kepada PKPP?
Pendapatan yang disimpan di luar negara yang diremitkan ke Malaysia dan bersifat modal adalah TIDAK tertakluk kepada PKPP.

This post has been edited by dwRK: Dec 17 2021, 10:03 PM
Hansel
post Dec 17 2021, 10:07 PM

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QUOTE(dwRK @ Dec 17 2021, 10:01 PM)
correct

B3. Sekiranya pendapatan yang diremitkan adalah terbit dari laba/keuntungan modal, adakah tertakluk kepada PKPP?
Pendapatan yang disimpan di luar negara yang diremitkan ke Malaysia dan bersifat modal adalah TIDAK tertakluk kepada PKPP.
*
Great news, bro,... thank you,...

I think other forummers here need to thank bro DWRK too for this critical piece of news. Well,... it's critical for me,....don't know abt you guys,... so, if I am questioned for whatever I transfer back,.. and I have the documents to prove I bought into something and then later, I sold the same thing for a profit and the amt I remit back lies within that profit range, it's capital gain !

Cool....
dwRK
post Dec 17 2021, 10:14 PM

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QUOTE(Hansel @ Dec 17 2021, 10:07 PM)
Great news, bro,... thank you,...

I think other forummers here need to thank bro DWRK too for this critical piece of news. Well,... it's critical for me,....don't know abt you guys,... so, if I am questioned for whatever I transfer back,.. and I have the documents to prove I bought into something and then later, I sold the same thing for a profit and the amt I remit back lies within that profit range, it's capital gain !

Cool....
*
np... i no need thanks lah bro... i study this faq gao gao... still got some ambiguity... lol

anyways... 2nd important thing to most folks here... foreign dividends are taxable, but can claim tax credits...

MUM
post Dec 17 2021, 10:19 PM

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QUOTE(dwRK @ Dec 17 2021, 10:01 PM)
correct

B3. Sekiranya pendapatan yang diremitkan adalah terbit dari laba/keuntungan modal, adakah tertakluk kepada PKPP?
Pendapatan yang disimpan di luar negara yang diremitkan ke Malaysia dan bersifat modal adalah TIDAK tertakluk kepada PKPP.
*
the question did asked about "keuntungan modal"
but the answer just mentioned "bersifat modal"
bersifat modal = capital....
there is no mention about gains/profits in the answer?? confused.gif sweat.gif


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dwRK
post Dec 17 2021, 10:23 PM

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QUOTE(MUM @ Dec 17 2021, 10:19 PM)
the question did asked about "keuntungan modal"
but the answer just mentioned "bersifat modal"
bersifat modal = capital....
there is no mention about gains/profits in the answer?? confused.gif  sweat.gif
*
laba = profit

whilst not specifically mentioned... i'm reading the whole B.3 Q&A as a whole
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post Dec 17 2021, 10:28 PM

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QUOTE(MUM @ Dec 17 2021, 10:19 PM)
the question did asked about "keuntungan modal"
but the answer just mentioned "bersifat modal"
bersifat modal = capital....
there is no mention about gains/profits in the answer?? confused.gif  sweat.gif
*
i think currently there is no capital gain tax,...
thus maybe that is the reason they did not mention it in that answer biggrin.gif
if in future there is capital gain tax imposed,...that answer can still stay valid biggrin.gif devil.gif

dwRK
post Dec 17 2021, 10:38 PM

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QUOTE(yklooi @ Dec 17 2021, 10:28 PM)
i think currently there is no capital gain tax,...
thus maybe that is the reason they did not mention it in that answer biggrin.gif
if in future there is capital gain tax imposed,...that answer can still stay valid  biggrin.gif  devil.gif
*
i think they purposely use the "bersifat modal" here carefully... because if you are active trader, the profit is considered income and not "bersifat modal" ... this stop some smart ass trying to be funny...
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post Dec 17 2021, 10:42 PM

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QUOTE(Hansel @ Dec 17 2021, 09:42 PM)
No, bro,... pls don't misinterpret. You do not need to file for foreign income tax in Msia BECAUSE Msia does not practise a Residential Taxation System.

Msia will start practising a Hybrid Taxation System from YA2022, which is a form of Territorial Taxation System.

You only need to declare what you remit in,... AND in the process, you need to justify why that amt may not be taxed. That's all.
*
Oh I interpret his message as whether need to file for tax in M'sia when remitting back in. If not, just ignore right?


QUOTE(Hansel @ Dec 17 2021, 10:07 PM)
Great news, bro,... thank you,...

I think other forummers here need to thank bro DWRK too for this critical piece of news. Well,... it's critical for me,....don't know abt you guys,... so, if I am questioned for whatever I transfer back,.. and I have the documents to prove I bought into something and then later, I sold the same thing for a profit and the amt I remit back lies within that profit range, it's capital gain !

Cool....
*
QUOTE(dwRK @ Dec 17 2021, 10:14 PM)
np... i no need thanks lah bro... i study this faq gao gao... still got some ambiguity... lol

anyways... 2nd important thing to most folks here... foreign dividends are taxable, but can claim tax credits...
*
I have a question for 2 sifus. What if in 2022 onwards, I reinvest all the dividends/interests into stocks/bonds etc., then it will become "modal" for 2023, and I take dividends/interests in 2023 reinvest again in stocks/bonds. If this continue until say I am preparing to retire in Msia, then I bring back all my money, so all my past years of "dividends" which are reinvested are considered "modal" and only the dividends/interests from the very last year before I come back is taxable, is that correct?

Or all the earlier years' dividends/interests are also taxable?

This post has been edited by TOS: Dec 17 2021, 10:44 PM
dwRK
post Dec 17 2021, 10:59 PM

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QUOTE(TOS @ Dec 17 2021, 10:42 PM)
Oh I interpret his message as whether need to file for tax in M'sia when remitting back in. If not, just ignore right?
I have a question for 2 sifus. What if in 2022 onwards, I reinvest all the dividends/interests into stocks/bonds etc., then it will become "modal" for 2023, and I take dividends/interests in 2023 reinvest again in stocks/bonds. If this continue until say I am preparing to retire in Msia, then I bring back all my money, so all my past years of "dividends" which are reinvested are considered "modal" and only the dividends/interests from the very last year before I come back is taxable, is that correct?

Or all the earlier years' dividends/interests are also taxable?
*
lol... how you wish... hahaha

say from 2022 until you retire... you have received 100k dividend... technically 100k is taxable... but you legally need to keep 7 yrs of record... so depending on if/when you get invited to yum char with irb... the last 7 yrs are the taxable dividend... just tell irb these dividends are still kept overseas lah... you just remitting capital... lol... once you bring back all your capital and profits, you can slowly bring back your dividends below taxable threshold... so essentially is also tax free when you spread it out 3-4 yrs... lol

but i may also be wrong in my understanding... biggrin.gif

This post has been edited by dwRK: Dec 17 2021, 11:04 PM
SUSTOS
post Dec 17 2021, 11:09 PM

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QUOTE(dwRK @ Dec 17 2021, 10:59 PM)
lol... how you wish... hahaha

say from 2022 until you retire... you have received 100k dividend... technically 100k is taxable... but you legally need to keep 7 yrs of record... so depending on if/when you get invited to yum char with irb... the last 7 yrs are the taxable dividend... just tell irb these dividends are still kept overseas lah... you just remitting capital... lol... once you bring back all your capital and profits, you can slowly bring back your dividends below taxable threshold... so essentially is also tax free when you spread it out 3-4 yrs... lol

but i may also be wrong in my understanding...  biggrin.gif
*
Ah 7 years, Yes. I am still far from retirement. So I can escape decades of dividend/interests taxes. rclxm9.gif
dwRK
post Dec 17 2021, 11:14 PM

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QUOTE(TOS @ Dec 17 2021, 11:09 PM)
Ah 7 years, Yes. I am still far from retirement. So I can escape decades of dividend/interests taxes. rclxm9.gif
*
don't forget your dividends have been subjected to wht... you can claim credit for this... so the top up tax is not that much lah even if need to pay... and for US investors paying 30% wht... no need to pay anymore...

issue is no tax treaty with US... but i think IRB will close one eye here...

This post has been edited by dwRK: Dec 17 2021, 11:15 PM
SUSTOS
post Dec 17 2021, 11:30 PM

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QUOTE(dwRK @ Dec 17 2021, 11:14 PM)
don't forget your dividends have been subjected to wht... you can claim credit for this... so the top up tax is not that much lah even if need to pay... and for US investors paying 30% wht... no need to pay anymore...

issue is no tax treaty with US... but i think IRB will close one eye here...
*
Another question from me is, if I receive dividends/interests and don't plan to/have not remitted them back to Malaysia, I don't need to file for tax right?

(I know I don't need to pay anything, but what about "filing"? I was told "filing" for tax is not the same as "paying" for tax.)
dwRK
post Dec 18 2021, 07:45 AM

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QUOTE(TOS @ Dec 17 2021, 11:30 PM)
Another question from me is, if I receive dividends/interests and don't plan to/have not remitted them back to Malaysia, I don't need to file for tax right?

(I know I don't need to pay anything, but what about "filing"? I was told "filing" for tax is not the same as "paying" for tax.)
*
filing means letting IRB know how much you gonna pay... wink.gif
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post Dec 18 2021, 08:08 AM

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better migrate only , what use come back malaysia ?
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post Dec 18 2021, 08:37 AM

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Better wait for demolish lah...

This turtle can't last long....haha
MattSally
post Dec 18 2021, 09:26 AM

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I am not Malaysian but I am tax resident in Malaysia. Question for the experts.

If I leave my foreign sourced income outside Malaysia and live off savings that are already in Malaysia then I presume I have no tax liability while I am living off my Malaysian savings and have no need to file anything with IRB. Is this correct please?
MUM
post Dec 18 2021, 10:34 AM

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QUOTE(MattSally @ Dec 18 2021, 09:26 AM)
I am not Malaysian but I am tax resident in Malaysia. Question for the experts.

If I leave my foreign sourced income outside Malaysia and live off savings that are already in Malaysia then I presume I have no tax liability while I am living off my Malaysian savings and have no need to file anything with IRB. Is this correct please?
*
Just my uneducated guess on your question posted..... While waiting for qualified responses.

Isn't your scenario similar to
1) a "retired/unemployed" Malaysian with tax resident status in malaysia
2) has money overseas not bringing it back
3) living off saving that is already in malaysia

If you hv been filing tax returns, you will still need to continue to file it with "0" income number in the income tax rerurn... File it yearly until you tell lhdn to close Yr tax file as you are no more having income
Just not sure how that will impact your visa to continue to stay here, unless your are staying here under "retirement" scheme (mm2h) or dependent pass visa

This post has been edited by MUM: Dec 18 2021, 12:05 PM
Hansel
post Dec 18 2021, 03:40 PM

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QUOTE(TOS @ Dec 17 2021, 11:30 PM)
Another question from me is, if I receive dividends/interests and don't plan to/have not remitted them back to Malaysia, I don't need to file for tax right?

(I know I don't need to pay anything, but what about "filing"? I was told "filing" for tax is not the same as "paying" for tax.)
*
You only file what is assessable and then taxable.

If you file more than is necessary, then you are revealing more than you need to, and the assessment officer will have more than the proper work to do.
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post Dec 18 2021, 03:43 PM

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QUOTE(dwRK @ Dec 17 2021, 11:14 PM)
don't forget your dividends have been subjected to wht... you can claim credit for this... so the top up tax is not that much lah even if need to pay... and for US investors paying 30% wht... no need to pay anymore...

issue is no tax treaty with US... but i think IRB will close one eye here...
*
Somehow, I feel these claims that you will be forwarding will have a hard time convincing the officer not to tax us more than what will be subjected to.
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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
*
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.
MattSally
post Dec 18 2021, 07:58 PM

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QUOTE(MUM @ Dec 18 2021, 10:34 AM)
Just my uneducated guess on your question posted..... While waiting for qualified responses.

Isn't your scenario similar to
1) a "retired/unemployed" Malaysian with tax resident status in malaysia
2) has money overseas not bringing it back
3) living off saving that is already in malaysia

If you hv been filing tax returns, you will still need to continue to file it with "0" income number in the income tax rerurn... File it yearly until you tell lhdn to close Yr tax file as you are no more having income
Just not sure how that will impact your visa to continue to stay here, unless your are staying here under "retirement" scheme (mm2h) or dependent pass visa
*
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??

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??
*
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
dwRK
post Dec 19 2021, 01:42 PM

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QUOTE(Hansel @ Dec 18 2021, 03:43 PM)
Somehow, I feel these claims that you will be forwarding will have a hard time convincing the officer not to tax us more than what will be subjected to.
*
ppl do what they need to do lor... if law abiding and have no choice but to remit taxable income back... then you have the rights to claim tax credits, and since everything is above board, IRB won't have anything on you... just troublesome only

I'm of course advocating not to bring anything taxable back until retirement

QUOTE(Hansel @ Dec 18 2021, 03:47 PM)
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.
*
when filing b/be... there's no need to include any details... just the extra sum taxable... there's also no box for you to disclose any details...

This post has been edited by dwRK: Dec 19 2021, 01:56 PM
AgentVIDIC
post Dec 19 2021, 03:03 PM

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QUOTE(ikanbilis @ Dec 16 2021, 12:42 PM)
Now i am transferring back my one year living expenses before 31 Dec. Will evaluate the situation again at the end of 2022 whether or not to bring more money back home.
*
if transfer all before 31 dec then won't get taxed? I remember seeing something diff, saying u will need to pay tax for those monies that you earn before 31st dec 2021 from overseas...
teslaman
post Dec 19 2021, 03:05 PM

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QUOTE(AgentVIDIC @ Dec 19 2021, 03:03 PM)
if transfer all before 31 dec then won't get taxed? I remember seeing something diff, saying u will need to pay tax for those monies that you earn before 31st dec 2021 from overseas...
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Before 1st Jan 2022, all foreign income exampted from income tax.
AgentVIDIC
post Dec 19 2021, 03:32 PM

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QUOTE(teslaman @ Dec 19 2021, 03:05 PM)
Before 1st Jan 2022, all foreign income exampted from income tax.
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Thanks thanks. Do u have any link on that? I might have seen the fake one before. Thanks bro.
teslaman
post Dec 19 2021, 03:35 PM

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QUOTE(AgentVIDIC @ Dec 19 2021, 03:32 PM)
Thanks thanks. Do u have any link on that? I might have seen the fake one before. Thanks bro.
*
Foreign income exampted from 2007 if not mistaken.

Now this benefit withdrawn for Resident Tax Status from 1 Jan 2022

For Non Resident Tax status, still enjoy examption for foreign income, but not local income which still need to declare.

I have no link, but above are the facts.
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post Dec 19 2021, 05:42 PM

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QUOTE(dwRK @ Dec 13 2021, 05:39 PM)
this is them covering their base lor imho...

some smart ppl might take advantage of the 3%... so instead of declaring and paying tier rate for YA2021...  they try push it to 2022 and pay 3%...
*
If i wish to remit money (malaysia taxable income for year 2021) from offshore bank back to malaysia,

1. Should i transfer before 01 Jan 2022, which could result more than >3% income tax

or

2. Waiting after 01 Jan 2022, then remit back, which result 3% on tax.
SUSTOS
post Dec 19 2021, 06:32 PM

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I am more concerned with the lack of tax treaty with the US. US WHT is already 30%, plus income tax rate of say 24%, that means an overall tax of (1-0.3)*(1-0.24) = 46.8% (or 30+24 = 54%?), which in either case is ridiculous.
julum152 P
post Dec 19 2021, 09:26 PM

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QUOTE(julum152 @ Dec 19 2021, 05:42 PM)
If i wish to remit money (malaysia taxable income for year 2021) from offshore bank back to malaysia,

1. Should i transfer before 01 Jan 2022, which could result more than >3% income tax

or

2. Waiting after 01 Jan 2022, then remit back, which result 3% on tax.
*
PKPP tidak melibatkan pendapatan yang terbit dari Malaysia yang tertakluk
kepada cukai bagi tahun taksiran 2021 dan tahun-tahun taksiran
seterusnya dan diremit atau dibawa balik dalam tempoh PKPP.

PKPP does not involve income derived from Malaysia which is subject
to tax for the year of assessment 2021 and the years of assessment
subsequently and remitted or brought back within the PKPP period.



does this means my 2021 malaysia taxable income in offshore bank cannot participate 3% PKPP ? even i remit back to malaysia, the money still considered to conventional income tax rate?
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post Dec 19 2021, 09:47 PM

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QUOTE(julum152 @ Dec 19 2021, 05:42 PM)
If i wish to remit money (malaysia taxable income for year 2021) from offshore bank back to malaysia,

1. Should i transfer before 01 Jan 2022, which could result more than >3% income tax

or

2. Waiting after 01 Jan 2022, then remit back, which result 3% on tax.
*
QUOTE(julum152 @ Dec 19 2021, 09:26 PM)
PKPP tidak melibatkan pendapatan yang terbit dari Malaysia yang tertakluk
kepada cukai bagi tahun taksiran 2021 dan tahun-tahun taksiran
seterusnya dan diremit atau dibawa balik dalam tempoh PKPP.

PKPP does not involve income derived from Malaysia which is subject
to tax for the year of assessment 2021 and the years of assessment
subsequently and remitted or brought back within the PKPP period.
does this means my 2021 malaysia taxable income in offshore bank cannot participate 3% PKPP ?  even i remit back to malaysia, the money still considered to conventional income tax rate?
*
there is a FAQs post on the PKPP
try post 273, page 14.

hope the answers you seek are there
julum152 P
post Dec 19 2021, 09:49 PM

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1. I did not filling 2020 income tax, the income are received in offshore bank , could i remit the 2020 taxable amount back to malaysia under PKPP?

2. for 2021 taxable income, could i remit back before 2022 Jan? or anytime is ok?
skyze.quek
post Dec 20 2021, 09:53 AM

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there could be a form of deduction under double taxation rule..but the general rule is 3% to be imposed on foreign remittance to Malaysia in the 1st 6 mths and to follow individual tax rate thereafter...
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post Dec 20 2021, 10:43 AM

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QUOTE(skyze.quek @ Dec 20 2021, 09:53 AM)
there could be a form of deduction under double taxation rule..but the general rule is 3% to be imposed on foreign remittance to Malaysia in the 1st 6 mths and to follow individual tax rate thereafter...
*
Based on the the FAQ, the wording is foreign income remittance or pendapatan.

A foreign remittance is not necessary foreign income because some companies that have overseas asset or the remittance is coming from capital repatriation due to selling overseas asset.

Those should be considered capital or bersifat modal.
So need to distinguish the type of remittance.
It is not a blanket 3% across all remittance, there are criteria.

Correct me if I am wrong, not a tax expert

https://phl.hasil.gov.my/pdf/pdfam/FAQ_PKPP_2.pdf
QUOTE
PKPP merupakan satu program khas yang diperkenalkan
kepada pemastautin di Malaysia yang membawa masuk
pendapatan ke Malaysia bagi tempoh 1 Januari 2022
hingga 30 Jun 2022.
and
QUOTE
Jenis pendapatan yang tertakluk kepada PKPP adalah
pendapatan yang disimpan di luar negara yang diremitkan ke
Malaysia oleh pemastautin sama ada pendapatan perniagaan,
penggajian, dividen, sewa, faedah, royalti atau lain-lain
termasuk pendapatan punca Malaysia dari tahun taksiran
2020 dan tahun taksiran sebelumnya yang belum dilaporkan
.


QUOTE
Pendapatan yang disimpan di luar negara yang diremitkan ke
Malaysia dan bersifat modal adalah TIDAK tertakluk kepada
PKPP.

skyze.quek
post Dec 20 2021, 09:58 PM

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A provision in the Finance Bill would tax foreign-source income received by any Malaysian resident person, effective from 1 January 2022.

The tax would be imposed at a transitional tax rate of 3% based on the gross amount received, from 1 January 2022 through 30 June 2022.

The Inland Revenue Board issued a media release about the introduction of a special program for foreign income remittance during the transitional period. Under the program, only remittances of foreign income would be subject to the tax.

The tax authority is ready to accept any disclosure / declaration made by taxpayers, without conducting a tax audit or investigation.
Taxpayers seeking to participate in the program must make a declaration not later than 30 days after the end of program (on or before 30 July 2022).
Any tax payment arising from such foreign income remittance would be due on the statutory or extended submission deadline of the tax return for the relevant year of assessment.
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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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.
*
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 ?


SUSTOS
post Dec 21 2021, 05:28 PM

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Unfortunately CPF remitted back to M'sia also kena tax

https://www.sinchew.com.my/20211221/%e5%86%...%b6%e5%b1%80-2/

This post has been edited by TOS: Dec 21 2021, 05:29 PM
Wedchar2912
post Dec 21 2021, 05:31 PM

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QUOTE(TOS @ Dec 21 2021, 05:28 PM)
Unfortunately CPF remitted back to M'sia also kena tax

https://www.sinchew.com.my/20211221/%e5%86%...%b6%e5%b1%80-2/
*
This is not a big concern for the time being. When one retired, one technically do not have any income right? Then only remit back your cpf slowly, year on year.
The remitted funds, even if one cannot prove they are capital vs income, is at most going to be taxed at normal income rate. So technically every year, the first 40K rm is basically tax free.

This post has been edited by Wedchar2912: Dec 21 2021, 05:32 PM
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post Dec 21 2021, 05:50 PM

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QUOTE(Wedchar2912 @ Dec 21 2021, 05:31 PM)
This is not a big concern for the time being. When one retired, one technically do not have any income right? Then only remit back your cpf slowly, year on year.
The remitted funds, even if one cannot prove they are capital vs income, is at most going to be taxed at normal income rate. So technically every year, the first 40K rm is basically tax free.
*
Assume Covid19 is gone and Spore Msia open again like last time, use the old and tested strategy lor. Put monies inside shoes, underwear, bags etc hide a bit here and there and not too big amount will do. Best is with a group ask each of them to help hide for you also. Once cross customs then treat them meal lor. But that was my times where x-ray machine not so advanced (some days spoilt not working but remain there let ppl see machine etc). Now 2021 I don't know they got buy better x-ray machine to scan ppl or not.
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post Dec 21 2021, 05:54 PM

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QUOTE(Wedchar2912 @ Dec 21 2021, 05:31 PM)
This is not a big concern for the time being. When one retired, one technically do not have any income right? Then only remit back your cpf slowly, year on year.
The remitted funds, even if one cannot prove they are capital vs income, is at most going to be taxed at normal income rate. So technically every year, the first 40K rm is basically tax free.
*
👍
But yet there are some like me, came back to work, when at age 50 still working in Msia, can withdraw CPF....

MattSally
post Dec 21 2021, 07:23 PM

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QUOTE(yklooi @ Dec 21 2021, 05:54 PM)
👍
But yet there are some like me,  came back to work, when at age 50 still working in Msia, can withdraw CPF....
*
If a tax file has never been opened on me for genuine reasons (previously not tax resident in Malaysia) but I am now tax resident in Malaysia but do not work and have no passive income at all (live off savings in Malaysia deposit account) then do I now have to open a tax file? Total interest on money on deposit is only RM150 a month.
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post Dec 21 2021, 07:30 PM

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QUOTE(yklooi @ Dec 21 2021, 05:54 PM)
👍
But yet there are some like me,  came back to work, when at age 50 still working in Msia, can withdraw CPF....
*
(hopefully not a side track, as I think this is part of cashflow and risk management for individuals)
If one is still working in Malaysia and generating net positive cashflow after expenses, should just keep the CPF/other monies in SG and let it grow there. As currency hedge/lifestyle hedge or if deployed into investments, as diversification. No point bring it back here and suffer currency risk and political risks.
In fact, just MY and SG alone is not diversified enough, as one big Typhoon would blow everything away.... touch wood...

That's why I don't pay too much attention to this foreign income remit back to Malaysia tax as much of an issue for most of us. As long as don't bring back, no problem.

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post Dec 21 2021, 07:33 PM

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QUOTE(MattSally @ Dec 21 2021, 07:23 PM)
If a tax file has never been opened on me for genuine reasons (previously not tax resident in Malaysia) but I am now tax resident in Malaysia but do not work and have no passive income at all (live off savings in Malaysia deposit account) then do I now have to open a tax file? Total interest on money on deposit is only RM150 a month.
*
not sure if this a valid/right/correct response.
but i have no employment income for the past few years, living off my "saving" in Malaysia and had also continued to submit my income tax returns yearly.....(declared as "no income")
so i see, your case and my are almost similar, thus no need to open a tax file......
unless the amount of your live off the saving is extremely large and if you want to buy a big asset with cash

btw,...interest from deposit from M'sia banks are tax exempted..
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post Dec 21 2021, 07:35 PM

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QUOTE(MattSally @ Dec 21 2021, 07:23 PM)
If a tax file has never been opened on me for genuine reasons (previously not tax resident in Malaysia) but I am now tax resident in Malaysia but do not work and have no passive income at all (live off savings in Malaysia deposit account) then do I now have to open a tax file? Total interest on money on deposit is only RM150 a month.
*
If want to do the proper and legal thing, need to ask your local tax officer. They would be able to advise.

I know that if your income is not high enough, they will not bother to ask you to create a tax file. But this was back when taxes were still filed via paper method.

This post has been edited by Wedchar2912: Dec 21 2021, 07:53 PM
dwRK
post Dec 21 2021, 09:50 PM

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QUOTE(MattSally @ Dec 21 2021, 07:23 PM)
If a tax file has never been opened on me for genuine reasons (previously not tax resident in Malaysia) but I am now tax resident in Malaysia but do not work and have no passive income at all (live off savings in Malaysia deposit account) then do I now have to open a tax file? Total interest on money on deposit is only RM150 a month.
*
your local interest income is tax free... and you never had a tax file... imho, no need to do anything

MattSally
post Dec 23 2021, 09:43 AM

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QUOTE(dwRK @ Dec 21 2021, 09:50 PM)
your local interest income is tax free... and you never had a tax file... imho, no need to do anything
*
Thank you. That is my opinion too. I am talking to a tax advisor to get their opinion but its going to cost $ just to have what I already suspect, confirmed I think.

This post has been edited by MattSally: Dec 23 2021, 09:43 AM
prophetjul
post Dec 23 2021, 10:00 AM

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https://www.malaymail.com/news/malaysia/202...-inheri/2030443

MORE taxes coming our way!
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"
prophetjul
post Dec 23 2021, 10:06 AM

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QUOTE(MUM @ Dec 23 2021, 10:02 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"
*
So do i. But when they need to finance their yearly excesses, no tax income is too much.
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.
*
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
prophetjul
post Dec 23 2021, 10:18 AM

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QUOTE(MUM @ Dec 23 2021, 10:08 AM)
but with the current shape of the Govt stability in its composition,...was wondering what are the changes 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
*
Nothing will be surprsing from this government.
dwRK
post Dec 23 2021, 10:19 AM

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QUOTE(MattSally @ Dec 23 2021, 09:43 AM)
Thank you. That is my opinion too. I am talking to a tax advisor to get their opinion but its going to cost $ just to have what I already suspect, confirmed I think.
*
don't waste money on tax advisor for your simple case. IRB has a lot of faqs... even if the income is taxable, it is way below the taxable limit of RM34K per year, and you can always ask IRB free of charge.

This post has been edited by dwRK: Dec 23 2021, 10:23 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.
*
thumbup.gif
for me,...until that surprise became a "surprise",....i will still consider that news as a noise to sell the news
prophetjul
post Dec 23 2021, 10:36 AM

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QUOTE(MUM @ Dec 23 2021, 10:30 AM)
thumbup.gif
for me,...until that surprise became a "surprise",....i will still consider that news as a noise to sell the news
*
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!
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!
*
careful,...i think we BOTH have to stop this....
else later kena "Report" or kena comment sign0006.gif
prophetjul
post Dec 23 2021, 10:41 AM

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QUOTE(MUM @ Dec 23 2021, 10:40 AM)
careful,...i think we BOTH have to stop this....
else later kena "Report" or kena comment  sign0006.gif
*
icon_rolleyes.gif
jayb2
post Dec 23 2021, 10:50 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!
*
Pandora box has been opened with no objection from syukur species, so expect more abuse in the future.

electron
post Dec 23 2021, 11:59 AM

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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
teslaman
post Dec 23 2021, 12:02 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
*
This issue of foreign tax (Residents or Non Residents status) only effecting individuals, not existing businesses.
electron
post Dec 23 2021, 12:02 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.
*
I see, thanks for the clarification
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
*
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.
*
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


Attached thumbnail(s)
Attached Image
prophetjul
post Dec 23 2021, 02:37 PM

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QUOTE(jayb2 @ Dec 23 2021, 10:50 AM)
Pandora box has been opened with no objection from syukur species, so expect more abuse in the future.
*
That is the fear. Once they have started and there is no major protest, it will only get worse.
Today it is RM10mil. Tomorrow it will be RM100 mil. Next it will be RM1 billion. No blinking of the eyes while they are it too.
teslaman
post Dec 23 2021, 02:44 PM

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QUOTE(MUM @ Dec 23 2021, 12:21 PM)
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
*
Thank you, will review, I also in process to learn how this exactly be implemented.
myoliech
post Dec 23 2021, 09:24 PM

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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.

This post has been edited by myoliech: Dec 23 2021, 09:25 PM
000022
post Dec 23 2021, 09:27 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.
*
Like you mentioned, AML and anti-terrorism financing acts. They need to understand that the monies coming in are legit, and not from an illegal source. And also if it's taxable tongue.gif

Added: In most cases, they will ask you to furnish documents supporting what you just mentioned. I remember PBB asking me to furnish documents on some small amount of compensation from Amazon once, like not even 500 ringgit worth of USD.

This post has been edited by 000022: Dec 24 2021, 10:26 AM
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.
*
maybe and hopefully you can get more value added responses from the Forex forum.....
MattSally
post Dec 24 2021, 11:58 AM

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I just heard back from a tax advisor re my personal situation - I am tax resident in Malaysia, have money on deposit in Malaysia to live off for a few years and have a tax free onshore dividend to supplement the savings. Tax advisor stated that I have no need to open a tax file.

I then went back with a follow up question. I have some funds offshore which have not been touched (either income paid in or transfer out) for several years. If I transfer some of these funds to Malaysia after 1/1/22 is the remittance taxable? I am still awaiting an answer on this question.

This post has been edited by MattSally: Dec 24 2021, 12:00 PM
baby_4ever
post Dec 24 2021, 12:00 PM

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QUOTE(MattSally @ Dec 24 2021, 11:58 AM)
I just heard back from a tax advisor re my personal situation - British, tax resident in Malaysia, money on deposit in Malaysia to live off for a few years and tax free onshore dividend income to supplement. Tax advisor stated that I have no need to open a tax file.
I then went back with a follow up question. I have some funds offshore which have not been touched (either income paid in or transfer out) for several years. If I transfer some of these funds to Malaysia after 1/1/22 is the remittance taxable? I am still awaiting an answer on this question.
*
Yes, once fund remitted, consider part of filing amount for the above mentioned tax resident person
baby_4ever
post Dec 24 2021, 12:03 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.
*
QUOTE(MUM @ Dec 23 2021, 10:01 PM)
maybe and hopefully you can get more value added responses from the Forex forum.....
*
If from legit forex broker, no issue, no tax still under examption period. Just prepare trading statement if bank request for proof. No issue.
Wedchar2912
post Dec 24 2021, 12:06 PM

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QUOTE(MattSally @ Dec 24 2021, 11:58 AM)
I just heard back from a tax advisor re my personal situation - I am tax resident in Malaysia, have money on deposit in Malaysia to live off for a few years and have a tax free onshore dividend to supplement the savings. Tax advisor stated that I have no need to open a tax file.

I then went back with a follow up question. I have some funds offshore which have not been touched (either income paid in or transfer out) for several years. If I transfer some of these funds to Malaysia after 1/1/22 is the remittance taxable? I am still awaiting an answer on this question.
*
Thank you for sharing the info in the first paragraph.

For your follow-up questions. I am pretty sure that if you send back say 20K per year (there should be a limit, but I don't know the exact limit), there is no need to file anything. Rational: fresh grads in malaysia who earns say 2K per month, are frequently told by LDHN officers that they don't have to open a tax file as their income is too low to be taxed.


keelim
post Dec 26 2021, 12:24 PM

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Hi all,

For a tax resident in SG, are we subject to this new tax when we remit money back to Msia banks?

What documentary proof do we have to provide the the banks / LHDN?
MattSally
post Dec 26 2021, 12:52 PM

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QUOTE(keelim @ Dec 26 2021, 12:24 PM)
Hi all,

For a tax resident in SG, are we subject to this new tax when we remit money back to Msia banks?

What documentary proof do we have to provide the the banks / LHDN?
*
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.

This post has been edited by MattSally: Dec 26 2021, 12:52 PM
keelim
post Dec 26 2021, 12:56 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.
*
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?
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.
*
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?
*
try the link in post 343,
for the current FAQs on this topic...
hope there are some FAQs that may answers your queries....
keelim
post Dec 26 2021, 11:56 PM

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QUOTE(MUM @ Dec 26 2021, 12:58 PM)
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
*
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.

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.
*
Is the answers in the faqs?
Hv you read the link?
keelim
post Dec 27 2021, 12:37 AM

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QUOTE(MUM @ Dec 27 2021, 12:30 AM)
Is the answers in the faqs?
Hv you read the link?
*
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.
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.
*
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?
VCBlogger
post Dec 27 2021, 01:04 AM

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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.


This post has been edited by VCBlogger: Dec 27 2021, 01:06 AM
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]
*
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
keelim
post Dec 27 2021, 08:51 AM

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QUOTE(MUM @ Dec 27 2021, 12:48 AM)
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?
*
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?
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?
*
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
VCBlogger
post Dec 27 2021, 09:51 AM

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QUOTE(keelim @ Dec 27 2021, 09:51 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?
*
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.


SUSyklooi
post Dec 27 2021, 10:00 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.

*
is that "OLD" news/system?
YES,...tax free last time....
now with the the soon to be implemented foreign sourced income tax starting 1 Jan 2022...
things will still be the SAME as before?

This post has been edited by yklooi: Dec 27 2021, 10:13 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.

*
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
prophetjul
post Dec 27 2021, 10:25 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.

*
No longer from 1st Jan 2022.

That is the reason for the lengthy discussion here! laugh.gif
keelim
post Dec 27 2021, 12:36 PM

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QUOTE(MUM @ Dec 27 2021, 08:53 AM)
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
*
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 ...

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.
*
If the last para is correct, then there is no discussion. Business as usual. This is different from the LHDN link.

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 ...
.....
*
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
VCBlogger
post Dec 27 2021, 01:49 PM

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I think the income tax is depending on the Financial 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

This post has been edited by VCBlogger: Dec 27 2021, 02:07 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
*
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
VCBlogger
post Dec 27 2021, 02:06 PM

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QUOTE(MUM @ Dec 27 2021, 02:53 PM)
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
*
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 .

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.

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.

>> 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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post Dec 27 2021, 02:12 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 .

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.

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.

>> 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).
*
EPF employer portion is not taxable.
Only employee portion is counted towards gross income and has a relief of 4K.

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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).
*
This post has been edited by MUM: Dec 27 2021, 02:22 PM
VCBlogger
post Dec 27 2021, 02:26 PM

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QUOTE(wayton @ Dec 27 2021, 03:12 PM)
EPF employer portion is not taxable.
Only employee portion is counted towards gross income and has a relief of 4K.
*
Yup your right . Just confirm with my HR. Only employee portion is taxable .

Great job detecting this !!
dwRK
post Dec 27 2021, 03:42 PM

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Soalan Lazim Sedang Dikemaskini dan Disemak Semula

pls help monitor for latest pkpp faq

This post has been edited by dwRK: Dec 27 2021, 03:43 PM
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.

*
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
*
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?
*
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,....
wayton
post Dec 27 2021, 04:03 PM

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QUOTE(Hansel @ Dec 27 2021, 03:43 PM)
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 ?
*
US and Malaysia don't have double tax treaty agreement, can still claim tax credit?
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post Dec 27 2021, 04:09 PM

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QUOTE(Hansel @ Dec 27 2021, 03:53 PM)
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,....
*
yes the keyword is remittance.

However, is there any loosely defined term of remittance? or any deemed remittance?
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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?
*
Double tax treaty agmts means paying less taxes on both sides vs if no treaties. Does it involve claiming of tax credits ?
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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?
*
Yes,... there is such a thing as deemed remittance. I read as in 'contra actions' done overseas. Please refer to the 'pkpp faqs',....
keelim
post Dec 27 2021, 04:25 PM

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Getting unnecessarily complicated now. Yet no explicit answer outside of interpretations to a straightforward question. One may need to appoint a tax consultant to file and reconcile amongst the tax jurisdictions, just like the US.

At this rate, probably they should elaborate on the penalties for failing to declare these incomes. High probability to trip there.
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post Dec 27 2021, 04:26 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?
*
yes... follows unilateral tax credit guidelines...

QUOTE(Hansel @ Dec 27 2021, 04:19 PM)
*
Merry Christmas !!! cheers.gif
dwRK
post Dec 27 2021, 04:29 PM

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QUOTE(keelim @ Dec 27 2021, 04:25 PM)
Getting unnecessarily complicated now. Yet no explicit answer outside of interpretations to a straightforward question. One may need to appoint a tax consultant to file and reconcile amongst the tax jurisdictions, just like the US.

At this rate, probably they should elaborate on the penalties for failing to declare these incomes. High probability to trip there.
*
default penalty is 45% of additional tax payable

law says both remitted and deemed remitted

This post has been edited by dwRK: Dec 27 2021, 04:32 PM
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
*
Yes, Merry Christmas, bro,....

keelim
post Dec 27 2021, 09:49 PM

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QUOTE(dwRK @ Dec 27 2021, 04:29 PM)
default penalty is 45% of additional tax payable

law says both remitted and deemed remitted
*
Intention and policy are clearer now. The implementation and operation need to be communicated. Not getting them is frustrating...

The latest announcement from MOF should allay the concerns of non-tax residents.

This post has been edited by keelim: Dec 30 2021, 07:39 PM
KingArthurVI
post Dec 30 2021, 08:15 PM

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https://www.theedgemarkets.com/article/mof-...nsourced-income

U-turn already.

So if I freelance for a US company and they pay me via Wise, do I need to pay taxes?
jack2
post Dec 30 2021, 08:58 PM

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QUOTE(KingArthurVI @ Dec 30 2021, 08:15 PM)
https://www.theedgemarkets.com/article/mof-...nsourced-income

U-turn already.

So if I freelance for a US company and they pay me via Wise, do I need to pay taxes?
*
Haha... I expected already and that why I didn't discuss much on this. Even they didn't U-turn, they can't last long.
cmk96
post Dec 30 2021, 09:35 PM

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Too much hassle to implement....

Inward transfer should be encourage... not discourage.


Garysydney
post Dec 30 2021, 09:53 PM

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QUOTE(cmk96 @ Dec 30 2021, 09:35 PM)
Too much hassle to implement....

Inward transfer should be encourage... not discourage.
*
Agree.

Best news for ending 2021 with - hopefully 2022 will be even better icon_rolleyes.gif
coolguy_0925
post Dec 30 2021, 11:58 PM

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LOL tekan brake and sharp U-TURN at the very last minute doh.gif
000022
post Dec 31 2021, 09:01 AM

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QUOTE(KingArthurVI @ Dec 30 2021, 08:15 PM)
https://www.theedgemarkets.com/article/mof-...nsourced-income

U-turn already.

So if I freelance for a US company and they pay me via Wise, do I need to pay taxes?
*
Yes. This has always been the case, regardless of the foreign income exemption. Your work here in Malaysia generated you the income. Unless of course, you're not based in Malaysia.
kobis19 P
post Dec 31 2021, 11:31 AM

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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?
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?
*
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...
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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.
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post Jan 1 2022, 02:04 AM

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QUOTE(000022 @ Dec 31 2021, 09:01 AM)
Yes. This has always been the case, regardless of the foreign income exemption. Your work here in Malaysia generated you the income. Unless of course, you're not based in Malaysia.
*
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

This post has been edited by ruudygh: Jan 1 2022, 02:08 AM
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
*
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
000022
post Jan 1 2022, 07:22 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
*
Am not sure if that is the case, might be better to ask a tax accountant. But there are appeal cases against LHDN's decision on this:
https://chengco.com.my/wp/2018/03/16/local-...foreign-income/ , so generally, if the tax accountant is confident that you shouldnt be taxed, then it's your call.

jack2
post Jan 1 2022, 08:30 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
*
Yes, you need to.
anonymous552235
post Jan 1 2022, 07:05 PM

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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
*
Yes u need to ..regardless where u work from ...as long as u r tax resident of malaysia by definition ..183 days ..different scenario from those worked full time e.g. in sg
kobis19 P
post Jan 4 2022, 06:54 AM

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QUOTE(anonymous552235 @ Jan 1 2022, 07:05 PM)
Yes u need to ..regardless where u work from ...as long as u r tax resident of malaysia by definition ..183 days ..different scenario from those worked full time e.g. in sg
*
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?
MUM
post Jan 4 2022, 07:33 AM

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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?
*
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?
baby_4ever
post Jan 4 2022, 07:52 AM

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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?
*
Tax applied on remitted fund and only when u do efiling lo
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post Jan 4 2022, 08:00 AM

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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?
*
Could they like maybe ask to look into my PayPal account or request it from PayPal directly?
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post Jan 4 2022, 08:00 AM

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QUOTE(baby_4ever @ Jan 4 2022, 07:52 AM)
Tax applied on remitted fund and only when u do efiling lo
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Sorry, I don't quite understand.
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post Jan 4 2022, 08:05 AM

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QUOTE(kobis19 @ Jan 4 2022, 08:00 AM)
Could they like maybe ask to look into my PayPal account or request it from PayPal directly?
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If they can manage to ask paypal for that info, then How does they differentiate what transaction amount are actually your undeclared income? The money in PayPal can be from many sources n for many purposes
baby_4ever
post Jan 4 2022, 08:15 AM

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QUOTE(kobis19 @ Jan 4 2022, 08:00 AM)
Sorry, I don't quite understand.
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Income this year, you submit tax filing next year, then only you pay tax if need to pay after efiling done
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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?
*
Mum,... you are not supposed to ask that question,... biggrin.gif biggrin.gif

He is supposed to declare sincerely,....
anonymous552235
post Jan 4 2022, 05:49 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?
*
Lhdn for now work on trust ...

Meaning end of the year, u declare, u pay

So if u dun have to pay pcb e.g. freelance, nontaxable etc, then lhdn wont have your record.

In ur case, even if u withdraw or dont withdraw into ur my bnk acccnt, they wont know until you file ur income tax. Thats y irregardless where you work, how u receive your money is irrelevant if u dun declare

Your paypal they wont know, transfer to ur acc also they wont know, if figure is small its okk...if figure is huge, just declare ...it will trigger AMLA and lhdn will be informed too...

However when they found out, you will be slap with fine + tax arrear for under reporting/misreporting/tax evasioon
kobis19 P
post Jan 5 2022, 02:02 PM

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QUOTE(anonymous552235 @ Jan 4 2022, 05:49 PM)
Lhdn for now work on trust ...

Meaning end of the year, u declare, u pay

So if u dun have to pay pcb e.g. freelance, nontaxable etc, then lhdn wont have your record.

In ur case, even if u withdraw or dont withdraw into ur my bnk acccnt, they wont know until you file ur income tax. Thats y irregardless where you work, how u receive your money is irrelevant if u dun declare

Your paypal they wont know, transfer to ur acc also they wont know, if figure is small its okk...if figure is huge, just declare ...it will trigger AMLA and lhdn will be informed too...

However when they found out, you will be slap with fine + tax arrear for under reporting/misreporting/tax evasioon
*
Let's say I receive $1k usd on PayPal. I withdraw $500 into my Maybank account, converted to MYR. The other $500 I use to buy stocks/crypto/gold directly from PayPal without converting to MYR or bringing it into Maybank. Do I declare $500 income at the end of the year or $1000?


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post Jan 5 2022, 02:08 PM

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QUOTE(kobis19 @ Jan 5 2022, 02:02 PM)
Let's say I receive $1k usd on PayPal. I withdraw $500 into my Maybank account, converted to MYR. The other $500 I use to buy stocks/crypto/gold directly from PayPal without converting to MYR or bringing it into Maybank.  Do I declare $500 income at the end of the year or $1000?
*
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)

This post has been edited by MUM: Jan 5 2022, 02:14 PM


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frost99
post Jan 5 2022, 02:11 PM

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QUOTE(kobis19 @ Jan 5 2022, 02:02 PM)
Let's say I receive $1k usd on PayPal. I withdraw $500 into my Maybank account, converted to MYR. The other $500 I use to buy stocks/crypto/gold directly from PayPal without converting to MYR or bringing it into Maybank.  Do I declare $500 income at the end of the year or $1000?
*
Generally speaking, the income ($1k USD in this case) is always declared for the same year you received it.
You have already received the income so you are subject to tax at that point in time. Not at the point in time when you choose to spend or "convert" or remit it back to Malaysia bank.

prophetjul
post Jan 5 2022, 02:34 PM

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Why are all the discussion for foreign income still going on seeing that there is no change from before for individuals?

That Foreign income for individuals will not be subjected to tax till 2026.
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post Jan 5 2022, 03:00 PM

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Generally speaking, if you are a resident of a country that has income tax rules, you have to pay tax on the taxable income whether or not it enters your local bank or foreign bank or paypal or bitcoin or etc.

If you rent your house and ask tenant to pay via paypal in USD, or bitcoin, doesn't mean you escape from have to pay tax...

But.. whether you choose to declare or not, is a different story. As they say about death and taxes......

Tax on foreign funds remittance has a slightly different objective.
For example, someone working in Singapore and already paid SG tax, is then subject to additional tax if bringing those SGD savings back to Malaysia one day if they retire and leave SG for good. Edit : this is the one that has been postponed to 2026 implementation

This post has been edited by frost99: Jan 5 2022, 03:01 PM
entiti77
post Jan 5 2022, 05:20 PM

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Do you happen to know what type of form I need to fill up to declare the income comes from oversea? In simple word, how to declare? Let's say I am a Malaysian, working in Malaysia with a foreign company and getting paid in foreign currency. The foreign company is not in Malaysia.
MUM
post Jan 5 2022, 06:10 PM

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QUOTE(entiti77 @ Jan 5 2022, 05:20 PM)
Do you happen to know  what type of form I need to fill up to declare the income comes from oversea? In simple word, how to declare? Let's say I am a Malaysian, working in Malaysia with a foreign company and getting paid in foreign currency. The foreign company is not in Malaysia.
*
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)].
https://www.mia.org.my/v2/downloads/resourc.../2017/B/B16.pdf

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.
https://www.comparehero.my/budgets-tax/arti...ncer-income-tax

Personal taxation:
Basis - Individuals are taxed on income derived in Malaysia. Foreign sourced income is exempt in Malaysia.
https://www2.deloitte.com/content/dam/Deloi...tax-en-2017.pdf

This post has been edited by MUM: Jan 5 2022, 06:48 PM
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post Jan 5 2022, 06:17 PM

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My tax knowledge is quite rusty by now. But when the work is done in Msia by a Msian tax resident, the income generated is definitely taxable in Msia. In terms of the structuring of the contract between you and your employer/client, you should consult tax consultants as the tax implication can be complex, not just for you but also for the entity you are providing service to.

My understanding is, generally people will set up a business (sole proprietor/LLP/Sdn Bhd) and have a contract with the foreign company, your expenses directly attributable to doing the work can be tax deductible as a result. someone told me something about resulting in permanent establishment of the foreign company if they hire a msian as employee in Msia, and therefore a contractor arrangement with a business is preferred. But like i say, consult a tax consultant to make sure you don't get into any type of trouble


Now, why should you declare? Well, tax evasion is an offense, you can get into lots of hassle and trouble if you don't do it right.
If this is a full time job and your main/sole income source, how can you justify your assets acquisition (think house, car, maybe shares too), IRB can pick it up and send your query and ask you to provide evidence of source of funds
Even if you don't bring the money back, with the TIN requirements that foreign banks are required to provide info the tax authorities, you might still get caught. Of course, that's if the amount is sizable.
If we are talking about small amount and you don't bring it back, then probably IRB won't be able to catch you

QUOTE(entiti77 @ Jan 5 2022, 05:20 PM)
Do you happen to know  what type of form I need to fill up to declare the income comes from oversea? In simple word, how to declare? Let's say I am a Malaysian, working in Malaysia with a foreign company and getting paid in foreign currency. The foreign company is not in Malaysia.
*
You would fill in Form B for income from business source if you use the method I suggest above.

QUOTE(kobis19 @ Jan 5 2022, 02:02 PM)
Let's say I receive $1k usd on PayPal. I withdraw $500 into my Maybank account, converted to MYR. The other $500 I use to buy stocks/crypto/gold directly from PayPal without converting to MYR or bringing it into Maybank.  Do I declare $500 income at the end of the year or $1000?
*
Technically, the whole amount is taxable as the service is rendered in Msia
kobis19 P
post Jan 5 2022, 08:23 PM

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Thanks everyone for the responses. Supper appreciate it <3
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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?
*
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)
*
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.
*
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...
*
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
*
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.
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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
*
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
*
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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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 🤦‍♀️
*
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....
*
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...
*
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?
*
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).
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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?
*
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.
*
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.
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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?
*
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?
*
only if it meets qualifying conditions...

This post has been edited by dwRK: May 25 2023, 09:56 PM
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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?
*
QUOTE(dwRK @ May 25 2023, 09:49 PM)
only if it meets qualifying conditions...
*
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.
*
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...
*
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...
dwRK
post Jun 11 2023, 11:30 AM

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QUOTE(Hansel @ Jun 7 2023, 07:55 PM)
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...
*
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...

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...
*
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,...
Wedchar2912
post Jun 12 2023, 07:10 PM

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QUOTE(Hansel @ Jun 12 2023, 05:45 PM)
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,...
*
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?


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?
*
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.
xander2k8
post Jun 13 2023, 05:07 PM

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QUOTE(Hansel @ Jun 13 2023, 11:18 AM)
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.
*
As long as Malaysia still developing countries it is difficult to implement FSI because a lot of countries will not want to do it unless the bilateral and trade ties are very strong
dwRK
post Jun 13 2023, 09:37 PM

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QUOTE(Hansel @ Jun 12 2023, 05:45 PM)
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,...
*
my bad... i wrongly assumed you fly out for consultation work... lol... expat say expat lah... hahaha...

expat pay and dividends/interests income derived from it for sure free of fsi tax prior to our fsi law taking effect... i'd call them "savings" biggrin.gif

during this honeymoon period until 2026, there are some qualifying conditions...

after honeymoon over, practically all "new income" subject to fsi... but i'll have to read the guidelines again...

i know one ongoing funny case... local company send after-tax profits/dividends to foreign shell owner... foreign shell owner sends it back to final big local owner... this money is now considered foreign sourced... because our law only looks at the immediate inbound leg... big local owner now calling it a "loan" to avoid pay immediate tax whilst the tax lawyers work it through with lhdn... lol...

dwRK
post Jun 13 2023, 09:47 PM

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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?
*
for now... lhdn operates on self-disclosure... you don't tell, they wont know... but they have power to audit and impose harsh penalties... if audited, onus is on you to prove the funds are after-tax both foreign and local...

SUSTOS
post Jun 13 2023, 09:50 PM

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From: Penang <-> Singapore


QUOTE(dwRK @ Jun 13 2023, 09:47 PM)
for now... lhdn operates on self-disclosure... you don't tell, they wont know... but they have power to audit and impose harsh penalties... if audited, onus is on you to prove the funds are after-tax both foreign and local...
*
So CRS is useless? (Common Reporting Standards)

Apologies for the dumb question. Not an insider at LHDN. tongue.gif
dwRK
post Jun 13 2023, 09:52 PM

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QUOTE(Hansel @ Jun 13 2023, 11:18 AM)
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.
*
we're all moving towards global minimum 15% tax... makes life easy for everyone tax ppl... laugh.gif

dwRK
post Jun 13 2023, 10:11 PM

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QUOTE(TOS @ Jun 13 2023, 09:50 PM)
So CRS is useless? (Common Reporting Standards)

Apologies for the dumb question. Not an insider at LHDN. tongue.gif
*
takes time to get everything and everyone on board... des why we're moving to tin...

also our tax forms are changing... disclose of foreign accounts few years back, now on fsi...

Wedchar2912
post Jun 13 2023, 11:03 PM

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QUOTE(dwRK @ Jun 13 2023, 09:47 PM)
for now... lhdn operates on self-disclosure... you don't tell, they wont know... but they have power to audit and impose harsh penalties... if audited, onus is on you to prove the funds are after-tax both foreign and local...
*
So until our LHDN comes out with much better guidelines and our trust in them improves, the best advice to all is to be smart about this and not to be FLASHY.

those with local assets, any reason to remit funds back? hmm.gif
dwRK
post Jun 13 2023, 11:41 PM

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QUOTE(Wedchar2912 @ Jun 13 2023, 11:03 PM)
So until our LHDN comes out with much better guidelines and our trust in them improves, the best advice to all is to be smart about this and not to be FLASHY.

those with local assets, any reason to remit funds back?  hmm.gif
*
correct advice is... just pay your taxes ppl...

i wanna spend my money... not hide under pillow or offshore account... living in fear of tax man... gg cant take it with you...

reason to remit back... easier for next of kin...

Wedchar2912
post Jun 13 2023, 11:44 PM

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QUOTE(dwRK @ Jun 13 2023, 11:41 PM)
correct advice is... just pay your taxes ppl...

i wanna spend my money... not hide under pillow or offshore account... living in fear of tax man... gg cant take it with you...

reason to remit back... easier for next of kin...
*
That maybe the correct advice, but not the best.

even if you paid all accurate taxes, if you are flashy, ldhn still come kacau you.
xander2k8
post Jun 14 2023, 03:45 AM

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QUOTE(Wedchar2912 @ Jun 13 2023, 11:44 PM)
That maybe the correct advice, but not the best.

even if you paid all accurate taxes, if you are flashy, ldhn still come kacau you.
*
As long as you have major several big purchases they will still come after you even you have paid the accurate taxes 🤦‍♀️ and they can be aggressive to tax your future earnings even though you have not collected the earnings yet which is why when audit they always target SMEs 🤦‍♀️
dwRK
post Jun 14 2023, 11:51 AM

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QUOTE(Wedchar2912 @ Jun 13 2023, 11:44 PM)
That maybe the correct advice, but not the best.

even if you paid all accurate taxes, if you are flashy, ldhn still come kacau you.
*
QUOTE(xander2k8 @ Jun 14 2023, 03:45 AM)
As long as you have major several big purchases they will still come after you even you have paid the accurate taxes 🤦‍♀️ and they can be aggressive to tax your future earnings even though you have not collected the earnings yet which is why when audit they always target SMEs 🤦‍♀️
*
to this i say... let them come... nothing to hide... usually an email with supporting docs will settle issue...

made my money... paid my taxes... wanna enjoy nice things wink.gif

evasion ppl will forever looking over shoulders for tax men... this is no life...

adam1190
post Jul 27 2023, 05:59 PM

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Hi, understand that if the work is performed in malaysia, we need to file and pay income tax to Malaysia government.

My question is do we need to file for income tax return in the foreign country where our company is based in as we do not have any tax file number in the foreign country and wittholding tax has already been impsoed?

Thanks smile.gif
MUM
post Jul 27 2023, 06:26 PM

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QUOTE(adam1190 @ Jul 27 2023, 05:59 PM)
Hi, understand that if the work is performed in malaysia, we need to file and pay income tax to Malaysia government.

My question is do we need to file for income tax return in the foreign country where our company is based in as we do not have any tax file number in the foreign country and wittholding tax has already been impsoed?

Thanks smile.gif
*
While waiting for real tax sifus to comment, I kay poh abit, thus this is Not a qualified comment,

Since with holding tax had already been imposed, ... I will place my bet on a no need to file income tax return in that foreign country where that company pays you.

Example,
Who must withhold and pay WHT
A person (known as the payer) who makes payments of a specified nature (e.g. royalty, interest, technical service fee, etc.) to a non-resident company or individual (known as the payee) must withhold a percentage of the payment and pay the amount withheld to IRAS as WHT.

https://www.iras.gov.sg/taxes/withholding-t...IRAS%20as%20WHT.

hksgmy
post Jul 27 2023, 08:29 PM

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QUOTE(dwRK @ Jun 14 2023, 11:51 AM)
to this i say... let them come... nothing to hide... usually an email with supporting docs will settle issue...

made my money... paid my taxes... wanna enjoy nice things wink.gif

evasion ppl will forever looking over shoulders for tax men... this is no life...
*
Render unto Caesar that which is Caesar's. Truer words have rarely been spoken.


dwRK
post Jul 28 2023, 11:04 AM

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QUOTE(adam1190 @ Jul 27 2023, 05:59 PM)
Hi, understand that if the work is performed in malaysia, we need to file and pay income tax to Malaysia government.

My question is do we need to file for income tax return in the foreign country where our company is based in as we do not have any tax file number in the foreign country and wittholding tax has already been impsoed?

Thanks smile.gif
*
my understanding....

there is a foreign company... this company is liable for company tax to its foreign country

company pays for services in malaysia... this company pays withholding tax to its foreign country

local person gets paid... pays malaysia income tax... file for tax credit from witholding tax paid... does not pay foreign country income tax

This post has been edited by dwRK: Jul 28 2023, 01:38 PM
blur_blue
post Sep 20 2023, 05:09 PM

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Hi everyone,

I hope this is the best place to ask my question after spending some time researching and reading up comments here & there.

So I am hired by a SG company as a contractor while I work remotely in MY, they will pay me directly to my Malaysian bank account. Note they do not have an office here in Malaysia.

I read that I can still use BE form (under “Statutory income from interest, discounts, royalties, pensions, annuities, other periodical payments, and other gains and profits.”) when i file for tax later as I do not have a business account.

My question is, is it a better idea to register my freelance work as a business with Suruhanjaya Syarikat Malaysia (SSM) as it opens up a number of tax deductions allocated specifically for businesses?

Also, should I also do self contribution for EPF as well? Or I shall better save them up elsewhere haha.

I appreciate your help and advice on this.

Thank you very much! biggrin.gif


Ramjade
post Sep 20 2023, 05:15 PM

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QUOTE(blur_blue @ Sep 20 2023, 05:09 PM)
Hi everyone,

I hope this is the best place to ask my question after spending some time researching and reading up comments here & there.

So I am hired by a SG company as a contractor while I work remotely in MY, they will pay me directly to my Malaysian bank account. Note they do not have an office here in Malaysia.

I read that I can still use BE form (under “Statutory income from interest, discounts, royalties, pensions, annuities, other periodical payments, and other gains and profits.”) when i file for tax later as I do not have a business account.

My question is, is it a better idea to register my freelance work as a business with Suruhanjaya Syarikat Malaysia (SSM) as it opens up a number of tax deductions allocated specifically for businesses?

Also, should I also do self contribution for EPF as well? Or I shall better save them up elsewhere haha.

I appreciate your help and advice on this.

Thank you very much!  biggrin.gif
*
I stand by what always say. EPF give you 5-6%p.a without any increase. Overtime you are losing purchasing power to inflation and depreciation of ringgit. Only contribute max RM4k/year for tax deduction if you are using personal income tax. Rest of the money park it overseas. That is what I myself am personally doing. Since quoting my job, I have not contribute my own salary into EPF except next year where I will put in RM4k max. Rest of my money I will put them overseas.

My ideal parking location the 3 Singapore banks stock currently giving 5-6%p.a and growing conservative 5-6%p.a (actually growing more but being conservative here). Growing means if you don't put any new money inside, your payout increase automatically by 5-6%p.a every year. Stuff which you don't see happening with EPF. Of course not capital protection and if 2008 happen again, can you stand a 50% drop in price?
Playmaker8
post Oct 17 2023, 02:25 PM

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If I work overseas, pay taxes overseas but sometimes exchange my salary to MYR, do I have to declare the amount or pay tax?
batman1172
post Oct 17 2023, 02:46 PM

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QUOTE(Playmaker8 @ Oct 17 2023, 02:25 PM)
If I work overseas, pay taxes overseas but sometimes exchange my salary to MYR, do I have to declare the amount or pay tax?
*
No need to declare. Malaysia tax system is territorial.

also since you no income in Malaysia, remember to register to get BRIM and all the benefits associated as B40



propriete
post Jan 26 2024, 04:41 AM

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Hello, a quick one. If I am NOT a tax resident in Malaysia, but I opt for my oversea salary to be received in Malaysia bank. Do I have to proof that this income has been taxed in source country? TIA.

Ps: It's just hassle to get tax cert from my current company.
MUM
post Jan 26 2024, 07:35 AM

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QUOTE(propriete @ Jan 26 2024, 04:41 AM)
Hello, a quick one. If I am NOT a tax resident in Malaysia, but I opt for my oversea salary to be received in Malaysia bank. Do I have to proof that this income has been taxed in source country? TIA.

Ps: It's just hassle to get tax cert from my current company.
*
While waiting for real sifus that really knows this stuffs, ...I just kay pph, ....I think, if the transferred in amount is consistent, and large, ....the banks may report it to the authorities. Perhaps under the BNM directives of suspicious transactions reporting?
jack2
post Jan 26 2024, 12:08 PM

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QUOTE(MUM @ Jan 26 2024, 07:35 AM)
While waiting for real sifus that really knows this stuffs, ...I just kay pph, ....I think, if the transferred in amount is consistent, and large, ....the banks may report it to the authorities.  Perhaps under the BNM directives of suspicious transactions reporting?
*
to answer this question is very straightforward with reasons why.

In the past, many here consulted me on tax matters without paying single cents but they are rich.

Hence, I told myself I won't provide free answer.

Let's wait other sifus to answer cool2.gif

This post has been edited by jack2: Jan 26 2024, 12:15 PM
propriete
post Jan 26 2024, 10:44 PM

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QUOTE(MUM @ Jan 26 2024, 07:35 AM)
While waiting for real sifus that really knows this stuffs, ...I just kay pph, ....I think, if the transferred in amount is consistent, and large, ....the banks may report it to the authorities.  Perhaps under the BNM directives of suspicious transactions reporting?
*
The transfers are consistent and mentioned my name on a monthly basis. It's clear that they are monthly salary. But I don't work in Malaysia and not a tax resident.

I know for MY tax resident, they have to prove that this income already tax in source country to qualify for exemption. My question is for NON-resident, is it a blanket tax exemption? or I still have to prove? I can prove with passport that I'm not tax resident.
MUM
post Jan 26 2024, 11:55 PM

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QUOTE(propriete @ Jan 26 2024, 10:44 PM)
The transfers are consistent and mentioned my name on a monthly basis. It's clear that they are monthly salary. But I don't work in Malaysia and not a tax resident.

I know for MY tax resident, they have to prove that this income already tax in source country to qualify for exemption. My question is for NON-resident, is it a blanket tax exemption? or I still have to prove? I can prove with passport that I'm not tax resident.
*
Not a qualified tax comment.

I google and found this, which I think may hv some implication...
https://www.google.com/url?sa=t&source=web&...XvrZuQG8xzLAsEF

Both you and your company are non residents....doing settlement of payment of service done outside of Malaysia

https://www.bnm.gov.my/fep#:~:text=%E2%80%9...sations%3B%20or


This post has been edited by MUM: Jan 27 2024, 12:26 AM


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