Temporary absence for 182 days

Dear All,

I am Amit and i have a query on temporary absence. kindly help me with my below query.

Year 2015 and 2016 i was residant in malaysia , however 2017 i am leaving malaysia on 22 nd july 2017.

Now for 2017 i was looking whether i am residant or not. I went to my country on 26mar 2017 and came back in 27 may 2017. I went home for my mother illness. My company allowed me to work from home, and they provided me with officical letter for work from home.

During 26mar to 27may i went from 2nd april to 9th april to Germany for 1 week due to official trip via company . So i went to germany from my country and again came to my country on 9th april.

Anyone can help me to know if i will be considered as residant for 2017 as i was tempoarary absent due to my mother illness.

Regards,
Amit

P6 - https://www.pwc.com/my/en/assets/public … ooklet.pdf

I think you maintain TR status in 2017 (under the second criteria).

Thanks Gravitas... i am waiting for my tax clearance letter. I just hope the same...

Hello Gravitas ,

just follow up question on this. Are you aware what documents generally they ask for this kind of checks . I have letter from company allowing me to work from home for three months.

Is that sufficient for them.

Regards,
Amit

Details here - https://home.kpmg.com/xx/en/home/insigh … 6-032.html

Click on and scroll down: The TCL Guidelines: Responsibilities and Action Steps

Hi Gravitas,

i read the document but seems they don't mention about the required documentation as such for temporary absence.

However i have already filled for BE and waiting for my income tax clearance certificate.

Any experience from any of hour known case about documents for tempoarary absenece cases.

Regards,
Amit

Your absence was still under business and not related to holiday or pleasure. I doubt you need to provide  any letter, but surely your company will do the clearance for you? You have done nothing wrong. Did they ask for a full copy of your passport? If so then you need the company letter - to explain the absences. If the forms ask about absences from Malaysia, again you need to explain absences with letter. But the wording is clear that business-related absences are OK. If you don't like the outcome  you can also appeal it.

Hi Gravitas,

My temporary absence was due to two things
1. My mother ill health
2. I travelled overseas due to business related

Moment when i went to submit for my tax clearance they asked for all passport pages copies and i gave them. Alomg with that i also gave company letter for allowing me to work from my country due to my mother health.

So i was just assuming whther company letter is enough in my case here to proof  my temporary absence.

I hope you got my sitaution completely now.

Regards,
Amit

Yes,  your absence was officially endorsed. I think you just need to repeat the same paperwork at the Tax Clearance, because actually, the BE related to 2016.

Ok. i hope you mean  BE 2017. Because am filling for 2017 income got from 1st Jan 2017 till my last days in malaysia ie 22 nd july 2017. also my temporary absence wasnin year 2017. from 26 Mar to 27 May 2017.

I have already applied for Income tax clearance and going to follow up with LHDN about the status.

Lets see what they request . Anyways thanks for your valuable inputs.

Regards,
Amit

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