28% Tax deduction - 14 days out of the Malaysia

jessica49 wrote:

Hi cinnamonape,
Plz clarify once again...
i was in Malaysia with ABC company from Jan 2019 to June 2019(non resident)
in my ABC company 28 % tax  being deducted from Jan to June-2019

Again i have got a job offer from XYZ company
and i have come back to Malaysia in July 2019 and now i have completed 183 days.
I guess i have become resident .
   So it is possible to file the tax for the amount which is been deducted from last employer(28 % tax from jan to june) ?

I don't know how you have acquired 183 days from July to now? Are you adding together the ABC period with the XYZ period?  You are allowed to do that. See example 3 (Evelyn)

http://lampiran1.hasil.gov.my/pdf/pdfam/PR6_2011.pdf

I don't think jay it matters if you change companies are on different visas. The only criteria is being present on legal visa (which you were). That could even be going from an employment visa to student visa or married social visa and not working during that period. For the purpose of residency it simply has to be physical presence (I'm not sure if a tourism pass is allowable, however...that may be tricky).

So at tax-time request a refund of the tax paid at 28% (your company /companies will not care...they've already paid it) to whatever it will be based upon your combined income from the two companies for the tax year.

Thank you for your response..

i am calculating 182 days on the basis of XYZ and ABC company(160 days from ABC  + 30 days from XYZ ) and it was in the same year 2018.
Which is valid i guess.

Unless linking one is allowed to have breaks in residency in the same year.

What do you mean by linking one with others...
Can you please elaborate it..
I am so worried about this..
I will be able to claim the tax amount which I have paid through ABC in XYZ company(28%) in 2018 right  ????

@Gravitas dear , i entered malaysia in 08.08.2022 and i should exit for more than 14 days . i don't complete 182 days in the years 2022 , but i stay until 25-02-2023 , in this case can i refund my taxes or no ? i will come back to malaysia and stay 182 days in 2023 . thank you so much

they take 30% from my salary

You will likely have to pay in full for 2022...butwill a) fulfill your status to become a tax-resident if you complete >182 days in 2023. Once you DO THAT... I'm unsure if you'd retroactively be able to request for a rebate of a portion of your 30% tax assessment for 2022 by linking to your 2023 status. That might only apply to the portion of your residency covering the time after you returned from your holiday (>14 days). That would be uninterrupted stay in 2022 potentially linked to 2023. You likely should speak to a Malysian tax lawyer if you should apply for a rebate.

Hi,

I came to Malaysia on 2nd May 2024. Is it fine to travel to any other country within this 6month period for 14 days anytime, or is there any rule like we need to complete few days in Malaysia and then we need to travel. Please let me know.

Hi All,

I started working for a Malaysian company since 24 June 24 in India. Post that I had to travel to Malaysia on 29th June 24, but as my name was misspelt on visa I had to reschedule my flight to 13th July.

So now, when I arrived in Malaysia i.e 13th July(Saturday) and I have been reporting my office from 15th July Monday. Though I be in malaysia for the rest of the time i.e till dec 31st. The calendar days from 13th July 24 will be 171 days. Which is 11 days less than 182 days for resident tax. The company said that they will start deducting 30% tax from my salary considering start date as 15th July as for rest of th days I was working offshore.

The question is -

1. Once I file my return in April will I get considered for local tax (15%)

2. As i technically had no option to be in malaysia 182 days and the difference is only 11 days will they consider the 14 days exemption rule in this case.

3.if not is there anything I can do, because the only thing which i came for in malaysia was the tax difference and if I am not getting any the best thing seems to move to India if anyways I am being taxed at 30%