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 Employed by foreign company w/o local MY office, Offer letter is between me and SG office

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TSOrzie
post Aug 29 2018, 05:13 PM, updated 8y ago

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Hi guys, I have tried google and search in the forum but unfortunately not able to find the answer I want.

I have written to KWSP and LHDN separately, but just wish to gather more info from here while waiting for their official response.
Furthermore, hope this will be helpful to other people in similar situation.

Ok, my story:

Eff end of Sept 2018 I will be employed by a US MNC, this will be a home-based job with regular overseas outstation. (I'm Malaysian btw)
Payroll will be handled from SG office, while HR will be from CN office. No office or registered company in MY.
Offer letter states the agreement is between me and the SG office.

EPF:
I know that the company has no need to do employer contribution since it is not registered in Malaysia. However they are kind enough to still reimburse me the equivalent amount.
Question: how and where do I register for self EPF submission? The amount given by employer will be parked under "Employee Contribution" collectively?

LHDN:
From its FAQ I read "Mulai Tahun Taksiran 2004, pendapatan yang diterima di Malaysia dari luar Malaysia adalah dikecualikan daripada cukai".
That probably means I do not need to pay income tax in MY?

Then, which country am I subject to pay income tax? US (where the headquarter is) or SG (regional headquarter, employer in offer letter and source of payroll)?
Though, I doubt I am subject to any of these countries' income tax since I'm not their resident.

Thank you very much for your time, and hope you can help to clear my doubt! biggrin.gif
TSOrzie
post Aug 30 2018, 05:26 PM

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Well, KWSP replied saying I can only self-contribute online via selected banks only: Maybank, CIMB and some other smaller banks.
TSOrzie
post Aug 30 2018, 05:47 PM

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QUOTE(Captain1 @ Aug 30 2018, 05:30 PM)
EPF already answered you.
LHDN, you will likely need to follow Borang B not Borang BE.
*
According to what I found on the LHDN site:
(a) Borang B (individu yang menjalankan perniagaan); atau
(b) Borang BT * (pekerja berpengetahuan atau pekerja berkepakaran yang telah diluluskan oleh
Menteri); atau
© Borang BE (individu yang tidak menjalankan perniagaan)

If I were to submit via BOrang BT, I need to be "pekerja berpengetahuan atau pekerja berkepakaran"

From what I found from Bahagian XIV Jadual 1 ACP 1967,

Pekerja berpengetahuan, aktiviti yang layak dan wilayah yang ditentukan
6. Bagi maksud Kaedah-Kaedah ini—
(a) pekerja berpengetahuan ialah orang yang layak yang—
(i) memegang ijazah sarjana muda atau ijazah sarjana dalam mana-mana bidang profesional
atau teknikal daripada suatu kolej, institusi atau universiti yang diiktiraf oleh Kerajaan
Malaysia dan mempunyai sekurang-kurangnya sepuluh tahun pengalaman bekerja dalam
mana-mana aktiviti yang layak; atau
(ii) memegang ijazah kedoktoran dalam mana-mana bidang profesional atau teknikal daripada
suatu kolej, institusi atau universiti yang diiktiraf oleh Kerajaan Malaysia dan mempunyai
sekurang-kurangnya lima tahun pengalaman bekerja dalam mana-mana aktiviti yang layak,

So, guess I'm not applicable in Borang BT too... My working experience around 5 years only.

I sent my queries yesterday noon. KWSP replied my query within a few hours yesterday, but LHDN till date still belum reply yet.
xSean
post Aug 30 2018, 06:17 PM

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are you working with US company start with K and end with A?

This post has been edited by xSean: Aug 30 2018, 06:19 PM
TSOrzie
post Aug 30 2018, 06:40 PM

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QUOTE(xSean @ Aug 30 2018, 06:17 PM)
are you working with US company start with K and end with A?
*
No, hehehe
My new employer company name starts with B and ends with T
TSOrzie
post Aug 31 2018, 12:33 PM

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QUOTE(Captain1 @ Aug 31 2018, 12:07 PM)
Good that you look through.
From what I understand is whatever BE and BT does not cover, goes into B.

It can be insurance agents (not employed), land lord rental collecttion, even GRO in night clubs.
You can keep on researching although I suspect you end up with B

One tip for you. Declare borang B by April (follow BE) deadline.
In case LHDN mess with you, change your classification, the new classification will follow that forms' deadline.
So B declared in June when shift to BE will be considered late and they collect penalty.

LHDN is not fair. They will suck you dry. So if you dont get an answer, go with B declare by BE April.
*
I see I see, better to be safe than sorry, gonna declare my income by April next year!

I'll probably find some day to drop by the LHDN office to enquire if they are still not replying to my email...
Anyway, thank you very much for your tip and wish you a happy long weekend! =)
olman
post Aug 31 2018, 02:34 PM

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it could be a legitimate company,

some co do not have local office yet due to that some will need u to work from home or they leased office space from office space leasing cos like regus
Coolioz
post Sep 4 2018, 10:57 PM

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Hey there! Your situation seems more or less like mine. Currently employed but the head company is outside of this country and not registered in Malaysia. I did enquire LHDN this year to know more if I still have to pay income tax. After few dingdongs with the agents, their chief told me that I still need to pay the tax because it depends on where you perform your work, even if you receive income from other country.
So I had done my part by declaring income through Borang BE. Not sure if this going to help you anot. The best way is to consult at the LHDN office.
P.s: how did you get the job? If you dont mind to share hehe
TSOrzie
post Sep 4 2018, 11:27 PM

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QUOTE(olman @ Aug 31 2018, 02:34 PM)
it could be a legitimate company,

some co do not have local office yet due to that some will need u to work from home or they leased office space from office space leasing cos like regus
*
Yeah, it's a legitimate company, double checked prior accepting its offer =)

QUOTE(Coolioz @ Sep 4 2018, 10:57 PM)
Hey there! Your situation seems more or less like mine. Currently employed but the head company is outside of this country and not registered in Malaysia. I did enquire LHDN this year to know more if I still have to pay income tax. After few dingdongs with the agents, their chief told me that I still need to pay the tax because it depends on where you perform your work, even if you receive income from other country.
So I had done my part by declaring income through Borang BE. Not sure if this going to help you anot. The best way is to consult at the LHDN office.
P.s: how did you get the job? If you dont mind to share hehe
*
Thanks for your advise!
Hmm, I'm still waiting for LHDN's reply, will try to drop by their office when I'm free.
I don't mind to declare my income under Borang BE, just that I was worried I would be paying the wrong income tax and kena penalty / denda etc.

Believe it or not, I came across the job ad at a local forum and I wrote them a cover letter with my CV and resume.
Then I got invited for online interviews and I got the job biggrin.gif

In the job ad it didn't mention it's a foreign MNC though. Only found it out during my interview.
TSOrzie
post Sep 7 2018, 09:45 AM

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So I'll just declare and pay my income tax under borang BE most probably.
Anyway prior to declaring tax will definitely pay LHDN office a visit to double-check.

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