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rjv1704 wrote:

@Nemodot - Thanks for the info...

@arielky -

I dont think that you will need to qualify till July. Since you joined in Aug, you would be resident by Jan. So, ideally after Jan, you can get normal tax rates. I remember reading this somewhere, but I am unable to find the web page now.. If I find again, I can post the link here...

Next, my employer told that I can be out of Malaysia max 7 days during first 6 months, and still claim the resident status without starting over again...

Sorry to say you are totally wrong about being resident in Jan. I started in august and only resident in march after 6 months that is tax law. In Jan you still get taxed 26% unless the employer makes a mistake which does happen so yours may have done that however again that can be a hassle although risk is with employer if you do a runner as they owe the tax!

You can be out 14 days per my employer BUT it is strongly advised not to do so as more hassle as you need to provide more paperwork. My employer said they had major hassles before with people going away for even a weekend and knowing how things are best to avoid it!

Nemodot wrote:

rjv1704 wrote:

@Nemodot - Thanks for the info...

@arielky -

I dont think that you will need to qualify till July. Since you joined in Aug, you would be resident by Jan. So, ideally after Jan, you can get normal tax rates. I remember reading this somewhere, but I am unable to find the web page now.. If I find again, I can post the link here...

Next, my employer told that I can be out of Malaysia max 7 days during first 6 months, and still claim the resident status without starting over again...

Sorry to say you are totally wrong about being resident in Jan. I started in august and only resident in march after 6 months that is tax law. In Jan you still get taxed 26% unless the employer makes a mistake which does happen so yours may have done that however again that can be a hassle although risk is with employer if you do a runner as they owe the tax!

You can be out 14 days per my employer BUT it is strongly advised not to do so as more hassle as you need to provide more paperwork. My employer said they had major hassles before with people going away for even a weekend and knowing how things are best to avoid it!

hi,

please help me understand -

I am joining on 10th Sept 2012. So, I will be finishing 182 days on around 10th March 2013. So I would be taxed at 26% till March 2013. After that, I would be taxed at normal resident rates.

Is this understanding correct?

moving2KL wrote:

Hi,

Malaysian tax year is calendar year..you wont be completing 182 days in Malaysia in the year 2012 so you will be taxed at 26%.

2013 is a new tax year and you need to complete 182 afresh so that means only by Jul 2013 you will be considered a resident and will be eligible for a lower tax rate.

I also got to know after landing here in Aug 2012. You gotta pay higher tax but tax for 2013 at the higher rate is refundable, atleast thats what I been told by my employer.

I hope it clarifies your doubt.

Take care,
Rajat

moving2KL wrote:

Malaysian Income tax provision states,"You are non-resident under Malaysian tax law if you stay less than 182 days in Malaysia in a year, regardless of your citizenship or nationality."
A year is calendar year. So the interpretation given by my employer is that you gotta join before 30th June of the year to become a resident in that year and future years. If you join after 30th June then next year is a new tax year and you again have be in Malaysia for 182 days to attain resident status so that means not until July next year.

Thst means you have a very stupid employer, or one too cheap to get legal advice or liers who will steal your money.

RUN!

colonel_2005 wrote:

This is an old post so I hope that you guys have got the right directions and answers. however, in case you have not...and for others,.... here are some pointers;

1. If you join in the second half of a year and do not complete 182 consecutive days in the calendar year, you will be taxed at 26%. However, on completing 182 days, you will be refunded the additional amount that was taxed. For example, if you join on 1 September so roughly you would spend 120 days in the year. After completing another 62 days in the next year, you would become a "tax resident". You would be taxed lower and the additional tax charged in the previous year would be refunded

2. In case you join in November (you will stay for less than 60 days in the calendar year), in the next year after completion of 182 days, almost the entire sume would be refunded. In my case, I had joined on 8th November 2011. My company did not deduct any tax and told me that my tax liability is zero as per their calculations. However, in January 2012, an income tax official told me that I will have to pay flat 26% on my income in the previous year which would later be refunded totally or at least a large sum would be refunded. I was ready to pay the sum but I could not file the tax in January as my income tax number had not been generated by the income tax department. It came only in May end. By the time, I had completed 182 consecutive days. So when I approached the tax department again (I carried the sum that was indicated by the tax officer in January), they said that I can file a zero tax return. So I did not have to pay anything!!!

3. You need to complete 182 consecutive days to be considered a 'tax resident'. However, social visits of upto 14 days, health related travel for a certain period as well as all types of business travel are exempt. That is my understanding but you may want to double check upon that

4. For non-malaysians, there are no other deductions apart from TDS

5. Be prepared before talking to tax department officials. A lot of them are not extremely familiar with the taxation laws related to expats. They themselves admit that. I know a case where a colleague was asked to pay a hefty sum at the time of filing taxes however the money had to be paid in another tax office. Later, the other tax office said that there is no need to pay anything and helped the colleague in filing the taxes. However, the first tax office still calls him periodically to check whether he has paid the sum!!!

Hope this helps. In case you are still confused, feel free to reach me. I had gone thru truck load of literature regarding the income tax laws in Malaysia before filing taxes. I would be happy to share the material with anyone who needs it. Free of cost!!! I am no tax consultant however, if you still want to clarify something, I would charge 2 beer pints per advise.

Dharmesh76 wrote:

Hi, May i request you to plase provide some literate to read on "Income Tax for Salried Person In Malasiya". I will be helpful to me.

Try searching on Google..!!

hikl wrote:

I have a situation

Actually started working in KL from Jul 1st 2013 and I see by Dec 31 it comes to 184 days. So I understand I will be a Tax Resident for this year and can avail the refund.

But the problem is聽 I will be going back to India permanently by Jan 2014. My question - can I still file 'returns' online from India and get back my money even I am no more in Malaysia?

Also between this period if I travel to India less than 14 days ,
will that be counted and comes to 184 days ?

foruaks wrote:

I am from India. I joined a Malaysian company 3 weeks back for a full time position with a very good salary. But now, I would like to go back to my country for some personal reasons. I have already resigned from here and as per the company terms I am serving a notice period of 1 month. I would like to know if I am eligible to pay tax or not? My entire stay in Malaysia will be 44 days. As of now, I have a 2 years of Employment pass which will be ending in the year 2015 and this is my first visit to Malaysia.

I would appreciate your reply on the same.

coooolguy_tdh wrote:

Dharmesh76 wrote:

Hi, May i request you to plase provide some literate to read on "Income Tax for Salried Person In Malasiya". I will be helpful to me.

Try searching on Google..!!