Hi ,
I am working in Malaysia since 09.10.2017 and will be staying Malaysia till 28.06.2018. I will be taking social break from 28.06.2018 ( Dep. from KL) and be back in KL on 09.07.2018( Arr. in KL) i.e. 12 days.
By the time I arrive in KL on 09.07.2018 my 182 Days stay requirement will be fulfilled. I have two queries.
1. Taking a Social break before 182 consecutive days stay in year 2018 will have any impact on availing Tax resident benefit for year 2017 ?
2. As I will be fulfilling >182 days stay condition by end July 18, Can I take social breaks in August 18 and subsequent months and cumulative social breaks may exceed >14 days in year 2018?
Regards,
Purnachand
Tax resident status
vpchand
25 May 2018 03:51:09
10
Gravitas
25 May 2018 04:49:20
9040
1. The 12* days break will be added to 182 days to give new tax resident qualifying date.
2. If you have had no other personal absences from Jan-July then 2017 will be reassessed as a tax resident period when you file your 2018 Annual Tax Return.
3. The requirement to be tax resident in any tax year was is 182 days. Absence after qualification doesn't have any impact.
4. The absence rules are only relevant to linking tax years
* if in Malaysia at any point during the day it is counted as presence.
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