My Employer is not releasing me and not providing EA form

swapnabhavanam wrote:

Hi All,

Can anyone suggest me on how we can proceed with tax clearance and visa cancellation as my current employer is not supporting on this. I have already given  my resignation few months back but still Employer is not ready to release me , I have an offer from Singapore and I wanted to move there after visa and tax clearance .

since my Current pass is expiring in few days , can I fly to Singapore and  clear the taxes from there ? or do I need to clear the taxes and fly there .

I guess visa cancellation is not an issue at all as u r leaving the country, They cant keep u hostage. Just server the notice period and leave the country (ofcourse subject to covid travel restrictions). Visa will auto expire after its due date.

Not sure on the tax part whether u shud be in the country or not.

All the best!

I know Malaysians who have been prevented from leaving the country because they have tax outstanding. Foreign nationals are under similar obligations.

There is a good (old but still relevant) article here: https://www.cfoinnovation.com/accountin … tax-issues

If your employer is unsupportive, I suggest you make contact with LHDN immediately to find a way forward and obtain tax clearance. Another good article here: https://toughnickel.com/personal-financ … -and-Local

I imagine you've probably solved this issue by now but I'm responding for the sake of anyone who finds this thread later. I was in a very similar situation with company refusing to release my documentation and my lawyer recommended that I file a complaint to LHDN. I didn't end up needing to go through with it because when I threatened my company with this they came up with the documents. Hope this helps!

Hi,

How long will it take to process the Tax Clearance especially during emco?

Thank you.

A few things to clarify
1. Is you employer holding any salary until your tax clearance? If yes, then request them to provide all necessary forms.
2. and did you ask why they dun wanna give EA form, it seems to me something between you n your employer that we don't know.

A proper way of clearing tax would be you either get docs from employer or let employer submit tax clearance under espc. There is no other way.

Regarding visa part better write an email to mdec or immigration or ESD whoever of your company's client for visa processing. Also you need to enquire carefully if you exit country without filing tax as you might be placed in block list on ur next travel

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