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

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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.

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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
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
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.
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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.
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.
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
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QUOTE(dwRK @ Nov 12 2021, 12:15 AM)
you misunderstood... I am remitting $5-10k per month for spending...  tongue.gif
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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.
Hansel
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.
Hansel
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.
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 ?
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
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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.
Hansel
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
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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.
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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 ?
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?
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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)

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" 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 ?
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...
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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.

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