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 Taxable income for individuals, businesses

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fooym
post Aug 20 2018, 04:46 PM

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QUOTE(cherroy @ Aug 20 2018, 04:16 PM)
Ya, weird question,  laugh.gif as most witholding taxes are not entitled for claim, subjected to respective countries ruling (this involves complicated story already as every country tax rules are different)

To answer above question, should be no, from Malaysia existing taxes regulation.
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Foreign withholding tax (WHT) that you suffered in overseas, you should be able to claim as Foreign Tax Credit (FTC) if Malaysia and the respective overseas country have a tax treaty. Generally, FTC is a claim that you can use to set off against your Malaysia's tax payable - to avoid double taxation on the same income. FTC always come with conditions before it can apply.

So go back to the principle of tax treaty, no double taxation on the same dividend income occurred in your case. The domestic law in Malaysia exempt foreign-sourced dividend income remitted into Malaysia from tax, whilst you suffered foreign WHT in overseas (based on domestic tax law in that overseas country).

Therefore, unlikely you are entitled for a FTC given that no double taxation on the same income occurred.

Hope this helps.
fooym
post Aug 21 2018, 01:00 PM

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QUOTE(plumberly @ Aug 21 2018, 12:34 PM)
Thanks.

Accounting was one of my worst subjects in school. So pardon me for my questions.

Say country A has FTC with Misa (I asked the org handling my shares on who got the dividend tax deducted from my shares, the lady replied saying that amount was sent to Msian tax dept), am I right in assuming the following?

AA
I can claim for my deducted share WHT with LHDN?

BB
If I claimed for the WHT here, it should still be non taxable as it is foreign income?

Hope 2 yeses for the above! Ha.

P/S Any time limit on claiming for the WHT? Some of the shares are more than 15 years ago.
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Hi Bro, no worries. trying my best to help.

To reiterate, the dividend tax you suffered in overseas is highly unlikely can be claimed as FTC in Malaysia because in the first place, your foreign-sourced dividends remitted into Malaysia were tax-exempt (i.e. not taxable). So in layman, there is no taxable income for you to utilise the FTC.

For the records, the time limit for FTC is 2 years, if i remember correctly.

Hope this helps.

 

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