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

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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...
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...
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told y'all...
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?
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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
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.
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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/
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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.
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Yes taxable... how to calc have to wait for 2022...

prior to 2022 not taxable, but better take snapshot ye2021
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.
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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
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...
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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
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
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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
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.
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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
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
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.
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thanks for looking out... wink.gif

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

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.
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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...
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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
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.
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imho quite simple lah...

just keep record of total $ exported... as long as $ imported is less... call that capital lor...
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.
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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...
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.
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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
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.
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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...
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.
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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
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 ??!!!
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it say... "... has not been reported"... I assume tick the "got foreign account overseas" in the tax form...

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