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182 days , tax resident

Last activity 03 April 2019 by Gravitas

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gauravme

Hi

I employment is getting over on 20th June. I haven't been away from Malaysia for more than 14 days during this period from Jan 2019 till June 2019.

For me to complete 182 days, I will just need to spend 12 more days in Malaysia. If my employer terminates my Employment Pass on 20th June, will I be ok to come back on tourist visa and spend few days in Malaysia to complete 182 days and enjoy the tax resident status?

Thank you

Gravitas

Can't qualify as tax resident without an employment pass or on a tourist visa as it is about income derived within Malaysia not just being in the country

irajo

Hi,

I am a Filipino working here in Malaysia since 2016. I have filed for tax resident 2017. Recently there was a 3-month cooling off period so I needed to go back to my country in September 2018. Now, my Visa already expired prior (August 2018) and my employer couldn't renew the visa yet because again, of the cooling off. Arrived in the Philippines September 15,2018 and continued to work in the Philippines under the same employer until March 8, 2019. I also already filed tax for year 2018. I resigned from my previous employer and am under a new Malaysian employer and got back to Malaysia March 23, 2019.

Do I still have to stay in Malaysia for 182 days for the tax or I should be ok to go for vacation since I'm already resident?

Gravitas

There is a rule about linking 3 tax years which you need to check out.

Page 20
https://www.pwc.com/my/en/assets/public … n-2019.pdf

Gravitas

Here are some examples and perhaps you can find your case

http://lampiran2.hasil.gov.my/pdf/pdfam/PR_11_2017.pdf

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