Can I Stay more than 14 days out of Malaysia once I became resident.

Hi,

As I completed my 182 days in Malaysia (June1st - Dec1st 2016). Due to some personal work I want to travel back to India (Jan 13th - Feb 1st 2017), which will be more than 14 days. Is it impact to fill my tax for 2016 and 2017 year?

Thanks,
Shravan Sidigum

Hi,

Please suggest me.

Hi Shravan Sidigum,

As you have  completed  182 days in Malaysia (June1st - Dec1st 2016) and you have physicallly in Malaysia for 182 days, you already deemed to be a tax resident for year 2016.

As for 2017, you absent from Malaysia from  (Jan 13th - Feb 1st 2017),  have no issues since in the  year 2017 you have more been here for more  than 182 days . You have 365 days less 20 days which is more than 182 days. As long as your days is 182 or more you dont have to worry.


Regards.

Aida

Hi Aida,

Thanks for your clarification.

I am almost in the similar situation, can please advise.

I am on Employment Pass (EP) from April-2016 till date. Wish to travel my home country India for more than 14 days in the month of May from 06th May to 22nd May-17.

What could be the 14 days tax rule in my case for the year-2017-18.

Thank you.

Regards,
Ekshwin

Hello Aidanania,

i saw one of your comments. i just want to ask regarding of the 182 days tax here in malaysia.
im physically or arrived in malaysia June 26,2017. as i count, my 182 days will be Dec 23 2017.
Im planning to have a vacation after my 182 days maybe around dec 27 2017 - jan 8 2017.

can i leave the country on that dates after my 182 days? do i need to be present within the year?
it safe to leave? it will impact my tax.

im from philippines by the way. working in KL

Hello ,
I have question please reply me i am just stuck badly in confusion,i came in malaysia aug 2018 again leave malaysia for 1 mon in 31 feb to  3 march.M visa expires in aug 19 so i m resident in year 2019 bcz i have completed  182 days but i was not present for month in that 182 days

If you are outside Malaysia for 1 month this is what happens

1.  Can't link tax year 2018 to 2019 so must pay 28% tax for 2018

2. About 2nd July is the qualifying date for 182 days in Malaysia. So you need to count how many 24hr full days you were outside Malaysia and add that number to 2nd July. That will give you the new date you become tax resident.

However. It is only holidays that are restricted to 14 days.

Was the 1 month a business trip?

No my father passed away so o went to india..stoll i am npt clear will they  count my presence for 2019 from jan to aug since my visa is expiring on aug 2019 ..
In jan - aug i was not present in feb so i will be a resident in 2019 right..yea one being a non resident i am not able to get m tax return  of 2018

I think so because 182 days ends on 2nd July and you just add the number of days you were in India. For example 2nd July plus 25 days = 27th July as new qualifying date.

Just need to be in Malaysia for a Total of 182 days in a tax year

Wow ohk it means i am resident in year 2019  tjank you soooo much i was damn worried thank you...so the conclusion  is dsnt matter ur out of malaysia for how many days. u should  complete  182 in calendar  year from jan to dec.

Yea one more thing i will become resident in 2019 july can i file my tax return of 2018 ?

You should file your tax return for 2018 now. It's required every tax year.

When you leave you will do tax clearance to decide your final tax position.

Yea m filing my tax as non resident for year 2018 but my question is can i get my tax money  return of 2018. while going from Malaysia after i became resident(2019) can i get my tax money??

You are not due any tax refund right now.

To get one you would need to link tax year 2018 to 2019. (Tax year = January-December)

You were in India for more than 14 days in February, so didn't link 2018 to 2019.

HOWEVER, when you do your tax clearance at the time you leave in August 2019, you should ask for special consideration because of the health/bereavement.

Any overpayment of tax will be refunded when you leave Malaysia.  Overpayment is the difference between 28% non-resident rate and the resident tax rates.

Is there any provison to pay our tax like in m case 2018 while leaving malaysia??

Can't get any tax back until you leave Malaysia in August 2019.

Hello Good Morning .
I want know ,actually i searched for this but didn't get that's why asking you,i unknowingly filled Resident e-filling form but i lies under non resident category, can i reset my application actually i sent mail to LHDN about this but they didn't replied so i should wait for the reply ??not getting what to do

Seems like you need to write to the tax office branch the employer uses to explain you submitted wrong form by e-filing and pass to them a manual non-resident form. Can also make a visit to handover letter and form.

http://www.hasil.gov.my/bt_goindex.php? … p;bt_lgv=2

Hello Good Evening,

Hii might i am asking same question if i leave Malaysia 2019 Aug as i came in 2018 and took 1 month leave to India in feb 2019.Means i was not present in Feb 2019.So i will be Resident in 2019 right??.they will count my days from Jan 2019-Aug 2019 suppose i am not present in Feb so that dsnt matter for the year just thing is i have to complete 182 days right?

Hello,
Sorry for asking repetitive questions but bit confused.
suppose they will count from aug 2018 as i came continue to 2019 i was absent in feb 2019 so i broke the chain.so they will not count from 1 march agin continued like
aug -jan 31jan-31mar.

Each tax year is counted separately. So tax year 2018 is from January to December.

August 2018 to December 2018 is only about 155 days (eg 5 months x 31 days). So you are non resident for tax year 2018

For tax year 2019 you count 182 days from 1st January until your last working day. The number of days you were in India don't count so you must have 182 days without counting them

Hello guyzz,

I want to ask you is it ohk to carry photo copy of passport  carrying passport everyday is riskful i dnt want to take

Poonam1028 :

Hello guyzz,

I want to ask you is it ohk to carry photo copy of passport  carrying passport everyday is riskful i dnt want to take

If you have an Employment Pass an application can be made for a MyKad. There is an element of risk in just carrying a photocopy if you should be stopped by immigration etc.

No i am saying going everyday to office is it necessary.

There is an element of risk in just carrying a photocopy even to work. If you should be stopped by immigration etc. and don't have your full passport you will be detained. The decision is yours but getting a MyKad will remove the issue

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