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How to apply for the 60 days tax exemption?

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TK0072010

I've work in Malaysia for about 2 week under a PVP. The company has already applied a tax ID for me and I intended to declare my tax online once the exercise starts.

Since the total working days is less then 60 days, I should fall under the tax exemption law.  The question is how should i apply for this exemption? or will it be automatically granted when i declared my tax?

alantan4h

You have to go to tax office to do some documentation work.

TK0072010

Thanks Alantan4h for your reply.

I'm already back to my country (Singapore) at this point but I guess I need to take a trip back to Malaysia to settle this. If there is a better way to do this, please let me know.

What is the procedure and what should i bring along? Can this be done in a single day at any LHDNM office ?

rjaney

Hi, did you get vdr for pvp? What are the requirements needed to enter malaysia if pvp is approved already?

TK0072010

@rjaney
I did not get a VDR. I'm not to sure about the requirement either.

@Alantan4h
I went to the tax office (LHDN) to apply for my E-Filing Pin which was provided to me without issues. When I enquiry about the 60 days exemptions, unfortunately the staff was unable to provide any information on how to apply it or what paperwork are required.

Overall, they found my whole situation to be strange to begin with. Getting involved in a tax situation because I was assigned to work in Malaysia by my oversea company as a technical expert/advisor, under a PVP for 2 weeks.

I searched online for an answer for quite some time now and there just doesn't seems to be a solution on how this exemption work.

TK0072010

Now that the e-Filing is available, I am trying to declare my tax with the E-M (non residence )form. In one of the part of the form, there is a section on exemption for employment income under 'paragraph 21 schedule 6', which according to my research, is the clause for the 60 days exemption. So I selected this clause and enter the amount exempted, the amount being the salary I accrued outside of Malaysia during my assignment in Malaysia. However, at the summary page, I'm still required to pay for the 28% tax. I'm very confuse on how this exemption work. How do I proceed?

Gravitas

Just curious why you entered the salary paid outside Malaysia? On a PVP it is a condition of the pass that there is no salary payment made in Malaysia. I would have thought you should enter RM zero? If you were paid any expenses or had any in-kind contributions they should be entered.  You would only pay tax once and that would be under Singapore tax regulations.

This might be of some use as it mentions claiming exemption

You will prove the length of your stay in Malaysia by the entry and exit stamps in your passport.

TK0072010

During the conversion regarding this tax implication, the agent from the Malaysia company told me that any salary paid outside of Malaysia during my assignment period is considered income accrued in Malaysia and therefore taxable in Malaysia. I did mentioned that this will put me in a double tax situation, but the agent insisted that this is the Malaysia tax law. I thought that since I fall under the 60 day exemption, it shouldn't matter even if I took their word for it. Is what they said correct?

Gravitas

Did you chack the link

TK0072010

I had. But unfortunately, it doesn't have any statement regarding salary from outside of Malaysia nor any clear instruction on how to claim Exemption.
I think my only way forward is to declare a zero amount and provide evidence of my stay if the tax department need to check my declaration.

Gravitas

Does B6 help? Indicates putting a "1" in the box?

TK0072010

The sentence in B6 sounds like there will be 2 boxes, one for me to key in '1', and the other to key in the exemption amount. But in the e-form, there is only one box to key in the amount exempted in RM. I tried to key in 0 in the 'amount exempted' box but the system does not allow me. I tried keying in the same amount as my declared employment income, but I'm still getting tax 28% of my declared amount in the summary page. I tried to key in 1 and the result is the same.

The only way that my tax amount can be 0 is for me to declare a zero RM gross employment income. Since the Explanatory notes doesn't explicably says anything about the Salary from outside Malaysia, I guess this will be what I'll have to do moving forward.

TK0072010



Saw this in the news today.

Nl1975

Hi, question, is the 60 days, actual working days? or 60 days being in Malaysia?

Gravitas

60 days in Total in a Tax Year (Jan-Dec)

Same way 182 days is about 1st January to 2nd July ie more than half a year in total

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