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

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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
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Found the necromancer! *Pull out pitchfork*
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.
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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.
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
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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 ?
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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.
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.
iammyself
post Oct 31 2021, 12:05 AM

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

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Check out Example 2 in this article: https://www.theedgemarkets.com/article/taxp...axable-malaysia
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?
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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
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."
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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

 

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