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employment pass

quamrul ahsan khan

If i got an employment pass as a director of 100% foreign owned company that established under labuan companies act 1990, then in addition to doing my business whether  i shall able to  do job in any other company/bank or not.solicited authenticated answer from my respectable forum members.

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Gravitas

No, you have to work in your own company. It is not a general Employment Pass. Each Employment Pass is directly linked to one job/employer. You are also only allowed to work on Labuan unless you set up an official marketing office on mainland Malaysia.

A Labuan company cannot do any transactions in Malaysian Ringgit (because it is an offshore entity). There are lots of hidden fees associated with setting up a Labuan company, such as paying for monthly office space, telephone line, receptionist, etc. You also get charged by the Company Secretary for different services.

You would be liable to pay income tax on your monthly salary if you opted to take one and also for the company profits. You get an income tax filing number when you set up the company. You need to do annual accounts or you can pay RM20,000 and not file a tax return.

If you do not pay the income tax due on your salary or profits, after a while you will be stopped at the airport when you try to leave, and prevented from doing so until you have settled your taxation issues. The immigration and income tax databases are now linked.

Nemodot

As above basically you do consulting and then you pay yourself. i did it years ago - but I was a Management Consultant

quamrul ahsan khan

Thank you to mr gravitas and mr nemodot for their good reply.for better understanding  and eliminate confusion i  also want to know the fact that, before sanctioning the employment pass by immigration authority, i was given an employment contract by my office of the resident secretary of labuan with a monthly salary of rm 5k.in this regard my confusion is that  as one of the director i established my business firm and same time i  employed by  resident secretary firm and if so is my resident secretary firm will pay my monthly salary or not? If not how i will accomodated the same with my tax file.? And if yes how they pay my monthly salary and why and how they will acommodate with? My confusion is thst i established my firm and got registration and there against doing my business i will pay all my schedule tax and why i have to employed by other firm?  solicited  comment from my respected forum members.

Gravitas

No your Labuan company pays your salary from company revenue and the company should automatically pay the income tax on a monthly basis (i.e. what happens is the Company Secretary tells you how much you should pay and you are responsible to pay it to the Inalnd Revenue).

A Labuan company operates like any other company, paying all its expenses of all kinds, including staff.

The resident (company) secretary is just a legal framework you require in Malaysia. YOU pay THEM for their administrative framework on an annual basis. You also pay them for services they perform for the company.

Its a requirement for all companies to have a Company Secertary, including SDN BHD. In Malaysia, its a profession being a Company Secretary and they run companies according to the rules of the country. They are not an owner, just the administrator.

They need a licence to be a Company Secretary. They usually run lots of companies and make sure all the requirements are met e.g. returns, immigration, tax, etc.

Nemodot

Hi you cant get an employment pass! Best choice is mm2h.

Registering in labuan may well be a waste of time as you can get mm2h if you retain your company in belize.