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August 2022: Malaysia now taxes foreign-sourced income not taxed at source

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August 2022: Malaysia now taxes foreign-sourced income not taxed at source

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Old Mar 6th 2023 | 12:47 pm
  #46  
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

Originally Posted by stepen
So it means that if income that's taxable in another country (for example salary income) but is not taxed, eg because you live in Malaysia and use a tax treaty to avoid paying income tax in that country, then this income is taxable in Malaysia?
But any other reason it's not taxed then it's not taxable in Malaysia?
How about a country that doesn't tax the salary of non resident, would that be taxable in Malaysia? This income is also not taxable in the source country, so also not in Malaysia?
First question, I think yes, taxable in MY.
Second question, if the source country doesn't tax it because that's how their system is structured or the amount doesn't reach the taxable threshold, then yes, not taxable in MY.
Third question:
Example 6
Foreign income received in Malaysia is not taxable due to the taxation’s system in the country of origin


Amansyah, a Malaysian resident, worked as a petroleum welder with a company based in Brunei starting from 2020. He receives employment income from Brunei. Based on Brunei's taxation system, employment income received is not subjected to tax. In 2022, Amansyah plans to bring back his income to Malaysia. Income received from employment in Brunei is not subject to tax in Brunei. Therefore, the employment income brought into Malaysia by Amansyah is exempted from tax in Malaysia as the conditions under P.U. (A) 234/2022 and this Guideline has been fulfilled.
Seems pretty clear to me. Just my inexpert optinion, DYOR.
 
Old Mar 6th 2023 | 3:52 pm
  #47  
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

Originally Posted by Epicurious
I'm not sure this is an adequate response to your post, FlyGuy, but LHDN.AG.600-1/7/3 makes it very clear that if income is not taxable in your home country, or wherever it was earned, for whatever reason, then it's not taxable in Malaysia. See Example 6.

And I have to hammer the point that savings held in bank savings accounts are not income, though they may have been partly or wholly accrued from income (usually taxed) and potentially dozens of other sources both taxable and non-taxable, possibly over many decades. No one keeps receipts or payslips for decades and it would be impossible to untangle the sources of such funds and the tax rates they were subjected to originally. Utterly unworkable and unreasonable.
Unworkable and unreasonable indeed. But such behaviour is not unknown from tax authorities! Their universal attitude is - you are guilty until proven innocent, so prove your innocence, or else pay up. It's not their practice to use common sense or practicality in my experience. They'll hand you the responsibility to dig through years of dusty complex records and provide them with irrefutable evidence that you are in the right. Sorry if this sounds like a rant but when I retired from my job back home under a voluntary severance scheme (along with 50 colleagues) the tax authorities decided to interpret an element of our pension provisions as liable for tax (which was rubbish). Attempting to reason with them on an individual basis led absolutely nowhere. We ended up taking a class action lawsuit which went on for 6 years and cost us all lots of money. In the end they backed down and refunded us, but the stress and hassle of it proved to me that there is no 'reason' or 'integrity' in the behaviour of certain tax authorities, and as a lone individual you don't stand a snowballs chance in hell of winning. They never admitted fault by the way, and never got to a final Court hearing, they just fired out a letter saying they were refunding us.

LHDN would be living in Humpty Dumpty land if they tried to assert that long term savings from any and all sources become income purely because the funds crossed an international border. If your tax advisor is saying that is the case, I suggest you engage another advisor. Form BE 2022 and the documents I linked to in my previous post have a list of types of income to be reported; nowhere is the word 'savings' mentioned.
This new situation here inMalaysia is murky and confused, and no matter how we think things 'should' be interpreted the final say goes to a faceless individual in a tax office and our only option is to pay up. Or go to Court. Not recommended.

My own strategy will probably be to 'remit' a token sum from a couple of different sources that I think would meet the exemption criteria (as I interpret them) and see what they say. That would then - presumably - mean more funds could be remitted with the same treatment.
But remember, at the end of the day, this situation will change again in less than 4 years when the current 'exemption' on 'taxed' remittances expires and they bring in a blanket tax on ALL remittances, taxed abroad or not.
 
Old Mar 6th 2023 | 3:55 pm
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

Originally Posted by Flyguy
.
My own strategy will probably be to 'remit' a token sum from a couple of different sources that I think would meet the exemption criteris (as I interpret them) and see what they say.
​
Are you going to file a tax return to claim this? I'd just ignore it until someone approach me. They don't even know if we're tax resident or not.
 
Old Mar 7th 2023 | 12:37 am
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

Stepen, I have to deal with them on an annual basis to PROVE my tax residency here. I need a Malaysian Tax Residency Cert every year to show the taxman back home that I'm not resident there and am resident in a country with a DTA, so they'll keep their sticky fingers off my pension.
So much for keeping a low profile.
I'm never comfortable with the notion of burying my head in the sand as regards taxes anyhow. The fallout from being caught fiddling is too horrendous.
A lot of my old job revolved around risk management. My natural attitude to risk is to seek ways to blunt its effect if I can't completely avoid it. Hence I've already arranged my Thai LTR Visa. That's my bolthole now.
I will indeed make every effort to confront the remittance issue as imaginatively as I can, and I'll assume nothing. It's better for me at the end of the day to know clearly where I stand, and if the result is finally unacceptable, then I'm gone.
 
Old Jan 30th 2025 | 12:58 am
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

hi been thinking about smm2h then found that foreign income would be taxed which put me off the idea, then i found in theedgemalaysia.com/node/730798 which indicates that foreign sourced income is not taxed till 2036, anyone able to confirm?
 
Old Jan 30th 2025 | 1:10 am
  #51  
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

Originally Posted by bbpudding
hi been thinking about smm2h then found that foreign income would be taxed which put me off the idea, then i found in theedgemalaysia.com/node/730798 which indicates that foreign sourced income is not taxed till 2036, anyone able to confirm?
That is correct. It was, until recently, the plan to tax foreign income as of 2026. But a few months ago it was decided by the government to postpone that plan by ten years. Hence, taxation of foreign income for residents has been postponed to 2036. You can read more details here: https://www.pwc.com/my/en/publicatio...t-edition.html
 
Old Jan 30th 2025 | 1:18 am
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

thanks
 
Old Jan 30th 2025 | 2:13 am
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

Originally Posted by SushiFan
That is correct. It was, until recently, the plan to tax foreign income as of 2026. But a few months ago it was decided by the government to postpone that plan by ten years. Hence, taxation of foreign income for residents has been postponed to 2036. You can read more details here: https://www.pwc.com/my/en/publicatio...t-edition.html
That's not entirely correct. Foreign source income is taxed when remitted to Malaysia. However there is an exemption, that was recently extended until 2036, that says you don't have to pay tax in Malaysia if the income was subject to tax in another country. There are also other conditions, quite broad, like if the income from from a tax free country like Brunei then it's also not taxed in MY.
However, in some cases, for example if you have income from a country that is not taxed because you don't live there, then it might be taxable in Malaysia. I say might because it's not clear from the wording. One exemption says that if it's not taxed in the other country because of its tax system then that's a valid reason for exemption.

see from page 25:
https://www.hasil.gov.my/media/fzofh...-june-2024.pdf
 
Old Feb 6th 2025 | 11:13 pm
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

so do you know how a sipp pension would be affected?
 
Old Feb 7th 2025 | 7:15 pm
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

Originally Posted by bbpudding
so do you know how a sipp pension would be affected?
The way how @stepen explains it it would mean the following: if the sipp withholds UK taxes before paying monthly/yearly/whatever amount to you then you don't need to pay tax in Malaysia over the money you receive. However, if the sipp does not withhold any tax in the source country (UK, I presume), then you are to declare this income to the Malaysian tax office and pay tax in Malaysia.
 
Old Feb 8th 2025 | 4:36 am
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

so the sipp wrapper itself allows funds to grow tax free, however they are taxable in the uk when you withdraw them, but if i understand what is being said correctly, if you are resident in Malaysia you would declare this income to the Malaysian govt.

but as this is pension income would this not be exempt from any foreign income source regulations anyway as malaysia doesnt tax overseas pensions?
 
Old Feb 9th 2025 | 1:36 am
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

Originally Posted by bbpudding
so the sipp wrapper itself allows funds to grow tax free, however they are taxable in the uk when you withdraw them, but if i understand what is being said correctly, if you are resident in Malaysia you would declare this income to the Malaysian govt.
Correct. If you pay tax over these withdrawals in the UK (either sipp transfers it to the UK government, or you pay the tax in the UK) then you don't need to declare the amount you receive in Malaysia to the Malaysian government. On the other hand, if you do not pay tax to the UK government over these withdrawals then you are supposed to declare these withdrawals as income to the Malaysian government.

Originally Posted by bbpudding
but as this is pension income would this not be exempt from any foreign income source regulations anyway as malaysia doesnt tax overseas pensions?
As far as I know there is no exemption for overseas pensions in Malaysia's tax regulation, unless specifically agreed on in a bilateral agreement between another country and Malaysia. I don't know whether such an agreement exists between the UK and Malaysia.
 
Old Feb 9th 2025 | 4:26 am
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

if i understood it correctly mm2h gives tax exemption to pensions
 
Old Feb 9th 2025 | 4:31 am
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

this is what i read "Participants are bound by the policies, systems and regulations of taxes of this country and they do not have exemption qualifications as granted to Diplomatic Missions in Malaysia. However, tax exemption is given to pension remitted in Malaysia. Participants are required to obtain the endorsement from the Authorities in their country of origin as to the total amount of yearly pension received. A copy of this letter has to be submitted in their application for tax exemption."

though reading it not sure how that would work in terms of letter from authorities when pension withdrawal amount is determined by individual
 
Old Feb 9th 2025 | 7:23 pm
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Default Re: August 2022: Malaysia now taxes foreign-sourced income not taxed at source

Yeah, those Malaysian texts are a bit vague, and have been discussed multiple times over how to interpret them. It seems as if they do not relate to private (or individual) pension plans, but only apply to old-age pensions that you receive from a non-Malaysian government. That impression is given by the wording that "Authorities in their country" must specify how much yearly pension you receive. Statements by e.g. a pension funds, or an investment fund, seem to be excluded from this.
 


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