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After 182 day period, can I leave more than 14 days?

Last activity 03 June 2019 by namxoai

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namxoai

Hello everyone,

I am traveling back to my country for 18 days (right after my 182 day period)
However, I colleagues said that during the first year in Malaysia, employee cannot stay outside the country over 14 days. Before, I thought this 14 day rule is just applied for the first 182 day period, so after that I can.

I'm so confused now since I have booked the flight tickets. Can you help me to answer this question?

Thank you guys so much!

namxoai

Additional information, I started working from 11 Jan 2019.

Thank you :)

expat0102

Hi
The 182 days in a year  critrtia is to qualify you as a tax resident or non resident and 14 days is inbetween the 182 time frame.


Once you qualify as tax resident for the year. It should not be a problem. However i ll let the experts respond.

Hth.

Vartika sharma

It shouldn't be a problem I believe.

Vartika sharma

Still I would suggest you to cross check with the HR of your company, as per my knowledge it shouldn't be a problem.

namxoai

Thank you guys. I have read other topics and found that:

1. 14 day rule is just applied to link 2 tax year. For example if you have stay 100 days in 2018, so in the next remaining 82 days of 2019, you cannot leave Malaysia for over 14 days, if not, your tax of 100 days in 2018 will be deducted.

2. If your taxation is not linked with the previous year, say, you started working from 1st Jan 2019. By the end of 2019 (31st Dec), you will be considered as resident tax as long as you stay 182 days in Malaysia during this year, no matter how many days you go out for.

If my knowledge is wrong, plz help me to fix it ya. Thank you

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