Personal income, What if I travel out of Malaysia in 182 days ?

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Member since 27 August 2018

andrewc1229Member27 August 2018 03:12:03

Hello i'm Andrew. I am foreigner from Vietnam.

I have case that I work in Malaysia from 1/7/2018. Then at the end of this year 31/12/2018, I will have in total 184 days have been here.

But the problem is, during that 184 days, I will go to my home town in Vietnam in 10 days.

So, my questions are:

1. Am I violating rule about 182 days in Malaysia ? and I cannot claim to get residence tax ?

2. If I violating in 2018, how can I link it to 2019 to finish 182 days ? and when can I claim and get money return ?

3. If I can link to 2019, then how about 2019, I still have to finish 182 days and it is counted from the day I finished 182 days of 2018 , is it right ?

Could someone help me to answer these question ?

Thank You,
Andrew.

Gravitas ViP

Member since 02 March 2011

GravitasViP27 August 2018 04:20:48

9040

There are two rules for tax in Malaysia

1. Must be present for 182 days during tax year
2. Can link tax years through 14 day rule

1. You will not be in Malaysia for 182 days so will remain Non Resident.

2. Only by linking tax years can you change your non-resident status for 2018 (14 day max absence rule)

3. Tax years are Jan-Dec. Required to be present for 182 days each tax year. Counting days starts from January 1st. (182 day rule)

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