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 SGX Counters, Discussion on Counters in the SGX

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Jake2
post May 31 2025, 02:58 PM

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QUOTE(dwRK @ May 1 2025, 04:44 PM)
bro... my understanding of the 10 yr extension (by correction of the old June 2024 guideline section 5, while waiting for the new one)...

5.2 Foreign income received in Malaysia which is exempted from tax from 1 January 2022 until 31 December 2026 2036... so pushed back 10 yrs, but start date remains in effect...

5.2.2.1 All foreign income other than partnership income received in Malaysia by a resident individual from 1 January 2022 until 31 December 2026 2036 is exempt from tax provided the income has been subjected to tax in the country of origin.... if non taxable they don't need all the weasel words after "provided..." and since our 2024 tax form has a section to declare fsi, implies that fsi is active and taxable for some ppl... wink.gif

5.2.2.2 Qualifying conditions... has a subsection on foreign dividend income... but i lazy to understand it fully since am not vested...
5.2.2.2 mentions something of importance here:

QUOTE
In determining whether foreign income received has been taxed in the country of origin, the conditions are as follows [...] (b) Tax is not imposed in the country of origin due to
certain reasons as follows: [...] (i) Foreign income received in Malaysia is not subject to tax in the country of origin due to the country's taxation system.


Since the forum topic here is 'SGX Counters', let's note that Singapore does not have Dividend Withholding Taxes. Hence, if you bring in Singaporean Dividend payments into Malaysia, those dividends were not subjected to Singaporean tax due to that country's taxation system. From the quote above, I conclude that Malaysia -although no tax was paid in Singapore - considers the dividends to have been taxed in Singapore anyway and therefor Malaysia will not tax these either.

In simpler words, Malaysia considers the Singaporean dividends to have been taxed, albeit the tax was 0. Am I reading this right ?


Jake2
post Jun 6 2025, 03:32 PM

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QUOTE(dwRK @ Jun 4 2025, 09:48 PM)
sell 1 or 2 of the "original" shares if need money... bring that home instead since capital n gains are not taxable... and you now have new documentation
For example, we bought a share 10 years ago for 1.00 SGD and it's now 2.50 SGD.

1.50 SGD is capital gains and we can bring this in into Malaysia without taxation. We could show our broker statements as proof.

What about the 1.00 SGD part though? Could the Malaysian tax authority ask us how we earned that original 1.00 SGD 10 years ago and proof that tax has been paid on it ?
Jake2
post Jun 7 2025, 01:03 PM

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QUOTE(Hansel @ Jun 6 2025, 07:03 PM)
Emm,... this is easy then. We just take out our brokerage statements to show our capital gains. Capital gains are NOT taxable. So,... is that all ? If it's easy for LHDN, then they just need to accept the brokerage statement. They'll have to accept the statement because it's written there clearly, the buy-low and sell-high figures, and we bring back just the difference.

So,........ is that all ?
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I believe that is all (Note:I am not a tax advisor). There are two disadvantages by this approach 1. You are forced to sell the share (or at least part of the holding) in order to separate the capital gain in cash form. 2. Your initial investment is still abroad. This amount might be larger than the capital gain you can prove.

Btw.. let it be clear that my initial investment is completely legit. I gained the funds from selling my share in a private company when that company was sold. All local taxes have been paid on it. It's just that this happened 20 years ago and I did not keep the paper trail ever since. I do still have the sales contract. I wonder if it is possible to discuss my case and potential taxation with LHDN before initiating the remittance and then decide to remit or not based on their response.

This post has been edited by Jake2: Jun 7 2025, 01:03 PM
Jake2
post Jun 7 2025, 05:02 PM

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QUOTE(Hansel @ Jun 7 2025, 01:44 PM)
Tq for your reply, bro,...

1) To ur first pararaph :

Pt 1 is a certainty, but if you have been actively managing your portfolio abroad, there will be times that you will certainly sell stocks. If you incur capital gain, you can, of course use this to justify the funds you are remitting back. Is there a problem here ?

Pt 2 is abt the initial investment abroad. So it's large, what's the problem here ? Why do we need to prove anything or say anything more abt these assets which we have abroad ?

2) To ur second paragraph :-

This is related to Pt 2 in ur first paragraph, why do we have to prove anymore,... the legitimacy of our assets abroad ? And that all taxes have been paid ? These are all in the past.

What is there to discuss ? To me, this FSI thing is plain and simple,... if we remit back, describe the funds being remitted back and decide if we shld include these into our net income or not. In fact, if we are certain the funds that we remit back are not taxable, we shld not even include these funds into our BE Form. However, I stand corrected in this thinking.

To your final statement in the above : I wonder if it is possible to discuss my case and potential taxation with LHDN before initiating the remittance and then decide to remit or not based on their response,......

You shld discuss this with your tax advisor. And secondly,... the moment you initiate this move, there are repercussions to it. Your file 'becomes visible'.

Awaiting your inputs, bros dwrk, prophet and jake,....
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Ah ok... I should have explained better: I would like to remit the initial investment also into Malaysia.

I believe your comments are valid for remitting the capital gains into Malaysia. However, capital gains are usually smaller than the initial investment. I would rather remit everything into Malaysia to spend it here. However, I will lose my interest should LHDN tax it as income because I lost documentation after 20 years.

I will definitely consult a tax expert too. This discussion is helpful as a broad orientation on the matter.

This post has been edited by Jake2: Jun 7 2025, 05:03 PM
Jake2
post Jun 8 2025, 12:30 PM

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QUOTE(dwRK @ Jun 7 2025, 06:49 PM)
Jake2

1. company was sold 20 yrs ago, say 2005... during this time fsi is 100% tax exempted... so money from the sale is not subject to tax when remitted...

2. statutory limit is 7 yrs... new fsi exemption started 2022... so as a minimum you need financial records from 2018, and track any taxable fsi from 2022...

imho... you should be ok... just need to make sure you have all the proper documentation... best confirm with lhdn
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Thanks for addressing the question. Indeed, I have documentation for the existence of the initial investment both in 2018 and 2022. I will likely discuss this first with a tax-advisor and then approach lhdn with their assistance.

I noticed that Thailand is handling the same issue of remitted income taxation. After a lot of upheaval, Thai tax authorities announced a Grandfathering Provision: Income earned before 2024 remains under prior rules—if remitted after the year it was earned, it is not taxable.

I think it might be helpful if Malaysia issued a similar statement. It looks like Malaysia had a similar grandfathering provision from the start, however it is very hard to confirm that from public sources.

This post has been edited by Jake2: Jun 8 2025, 12:31 PM

 

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