Aaran2016
6/4/2016 10:06 EST
Hi, need some help please. I'm a foreigner about to start work in Malaysia. The main objective of this question is to find out what difference it will make if I start working in July or September 2016.
1. If I start working in Malaysia on the 1st September 2016, when will I gain resident tax status? 182 days from that date? Or does the 182 days start again from the 1st January 2017?
2. If I gain resident tax status in 2017, will i be able to claim back the extra tax I paid in 2016 as a non-resident?
3. If I start working on the 1st July 2016, I will qualify for resident tax status before
31st December 2016. Can I claim the extra tax I paid in 2016 as a non-resident back?
4. This may be complicated by the fact that I did have resident tax status in 2015, but completed tax clearance and left Malaysia in July 2015. How will this impact my tax status when I return?
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kebinger
6/7/2016 09:57 EST
You will need to be in Malaysia for more than 182 day in order for your company to calculate your tax according to the salary. If you stay in Malaysia for less than 182 days in a calendar year the company must deduct the highest percentage of tax from your salary. You can claim the overpaid tax when you file your income tax the next year
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ChrisC87
8/16/2016 01:08 EST
Hey did you work this all out?
I am in a similar boat, so happy to help if you still require any assistance.
:)
Best regards!
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Aaran2016
8/16/2016 22:57 EST
Kind of but there are still a couple of grey areas.
I arrived in July (183 days before the end of the calender year), so I will get resident tax status by the end of the this year,
I'm pretty sure that I will be able to claim the excess tax I paid in 2016 when I make a claiim in 2017.
Also I think that as I will achieve resident tax status by the end of this calendar year, that status will then carry through until I decide to leave and go through tax clearence again.
Something which I didn;t include in the original post is that I achieved resident tax status in 2012, 2014 and 2015. There is a rule that I discovered that says something about being able to qualify for resident tax status in 90 days if you had resident tax status in 2 of the past 3 years. Whether the tax office will work this out on their own, or I have to notify them i'm not sure.
I just need to call the tax office to figure it all out. Not really relishing that conversation.
As long as i can claim the tax back, i'll be able to survive,
Thanks for your offer of help.
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expatworld19
8/25/2016 10:14 EST
I would suggest you visit a tax office and speak with an agent. Every year it changes.... just be sure.
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Aaran2016
12/19/2016 00:34 EST
Just an update to explain how things played out for anyone else who might need it.
AS I gained resident tax status in at least 3 of the last 4 years, this time around I was able to gain resident tax status in 90 days instead of 182.
This can be found on Page 12, 6.3 [paragraph 7(1)(c) ITA 1967] of the document at this address
http://lampiran.hasil.gov.my/pdf/pdfam/PR6_2011.pdf
If you are uneasy about clicking random links just search 'resident status of individual malaysia' in google and click the first link.
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