Tax Resident status while changing employer

Hi Friends,

I have been working in Malaysia since 2 years and now I am changing my employer. My previous company does not provide NOC so I need to exit Malaysia and come back with new EP 1. Everything is on track and I have submitted my passport for visa cancellation and filed tax clearance.

My worry is, since I am going to exit Malaysia and would come back again with new visa,

Will it change my tax resident status ?
Do I again need to complete 182 days to attain tax resident status ?
My tax num# would remain same or change ? is it linked with passport ?

I think you need the NOC for another EP application to be processed, regardless, Same tax number continues.  In every tax year (Jan-Dec) need to be in Malaysia for 182 days for tax resident rates to continue (but the new company will have to charge non-resident rate, if you are leaving before the 182nd day in 2018, until you can apply for a Residents Certificate).

Thanks. My company does not provide NOC so I am going back to my country after my employment pass cancellation and then I will start fresh process by applying for stage 1 visa for new employment. Is my understanding correct ?

I think you still need the NOC, unless the change of jobs is at the end of the EP validity. The NOC is given when the company does not have any objection to the broken contract. The other issue is the company may not effect a cancellation in the database, therefore preventing further applications. The company has to submit the Passport for cancellation (not the employee). Likewise, the employer has to file a Leavers certificate to enable tax clearance to be completed.

Companies don't like job hoppers or opportunists who take a job without any real interest or commitment.  It's always best to work at least 12 months on a first EP in Malaysia. The company can blacklist as well as refuse a NOC for this type of behaviour. It sounds like the company is going to block you working in Malaysia.

Gravitas thanks for your comments. I will get in touch with my company and clarify these topics.