August 2022: Malaysia now taxes foreign-sourced income not taxed at source
#46
Forum Regular




Joined: Jun 2015
Posts: 293











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?
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?
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.
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.
#47
Forum Regular


Joined: Jan 2019
Posts: 69







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.
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.
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.
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.
#48
Forum Regular



Joined: Dec 2016
Posts: 199







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.
#49
Forum Regular


Joined: Jan 2019
Posts: 69







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.
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.
#50
Just Joined
Joined: Jan 2025
Posts: 12

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?
#51
BE Enthusiast





Joined: Aug 2015
Posts: 988
From: Penang











#53
Forum Regular



Joined: Dec 2016
Posts: 199







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
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
#55
BE Enthusiast





Joined: Aug 2015
Posts: 988
From: Penang











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.
#56
Just Joined
Joined: Jan 2025
Posts: 12

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?
but as this is pension income would this not be exempt from any foreign income source regulations anyway as malaysia doesnt tax overseas pensions?
#57
BE Enthusiast





Joined: Aug 2015
Posts: 988
From: Penang











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.
#59
Just Joined
Joined: Jan 2025
Posts: 12

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
though reading it not sure how that would work in terms of letter from authorities when pension withdrawal amount is determined by individual
#60
BE Enthusiast





Joined: Aug 2015
Posts: 988
From: Penang











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.



