Tax Rebate

Hi

I am being working here in malaysia from 1st Aug 2017 and my Tax has been deucted by my employer since Aug , My EP has been processed and probably will be avaiable from 1st week of Dec, I would like to serve a 4 month notice peeiod and would like to leave the country

Accordingly my quries are

1 Do i need to show my Resignation and Tax clearance letter to immigration department when i leave the country?

2 Can a Indiviual file a tax rebate in case the company doesnt support in doing so

3 What all are the documents needed to file tax returns

4 Can an indiviual file a tax return even if he has left the country

5 What is the minium criteria of staying in Malaysia to file Tax returns

Do you realise by doing what you are planning you will be tax non resident in 2017 and 2018 and will be charged 28% flat rate?

1 Do i need to show my Resignation and Tax clearance letter to immigration department when i leave the country?

**When your "non-existant" EP is cancelled by the employer immigration will need to know your flight details out of the country and they will stamp your passport with a final date of departure which is usually 2 days after the end of your cancelled EP.

2 Can a Indiviual file a tax rebate in case the company doesnt support in doing so

**No the company has to file a "Leavers" form

3 What all are the documents needed to file tax returns

**Your company does it as per 2. above - but I think you can follow up after some time. Your company will give you some forms to sign as part of the process.

4 Can an indiviual file a tax return even if he has left the country

** It has to be done before you leave - you can be prevented from leaving if it is not done.

5 What is the minium criteria of staying in Malaysia to file Tax returns

**None - as per above you get 2 days from date of EP cancellation

What you explain about your EP sounds extremely strange because 1. the Stage II should have been processed within 30 days of your arrival. Taking 4 months is not an option and I put it to you that the company never intended to apply for the Stage II because they could get you to work for low pay, by deducting 28% tax and not registering you with the Tax Office (which needs the EP to be issued at Stage II). I do hope my suspicions are not correct and that you have not started working without Stage I clearance from immigration and the medical and security checks required for Indian citizens.

How soon will i get my refund on tax and when do i have to do the retuen filing??

You are not due any refund.  Why do you think you are? In fact, if the employer has not deducted 28% flat rate tax you may OWE the tax office money.

I strongly suspect that the company has not forwarded the tax and has just deducted it from your salary because an EP is required to get a Tax Reference Number.

You are working illegally in Malaysia since August 2017 so I suggest you make a police report about the company including tax deductions they have made and then report to immigration so you can leave the country immediately.