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TAX RESIDENCE STATUS

Tax Resident is allow to claim for tax reliefs and rebates. Their tax is subject to the existing prevailing scale rates ranging from 0% to 26%. Whereas for Non-Tax Resident is subject to a flat tax rate of 26% (current tax rate).

Determination of Tax Residence Status is subject to as follows: –

Section 7 1(a)

  • Criteria is must have physical presence in Malaysia, at least 182 days and need not be consecutive.

Section 7 1(b) (subject to two scenarios)

Scenario A

  • require physical presence in January but need not be on the 1 January;
  • must be more than 182 consecutive days in previous years; and
  • permitted temporary absence forms part of ‘such period’ or ‘that period’.

Scenario B

  • physical presence in December but need not be 31 December;
  • must be more than 182 consecutive days in following year; and
  • permitted temporary absence forms part of ‘such period’ or ‘that period’.

Section 7 1(c)

  • Physical presence in Malaysia in more than 90 days in that year;
  • 3 out 4 immediate preceding years; and,
  • either resident or more than 90 days

Section 7 1(d)

  • require 3 immediate preceding years is resident; and
  • following year is resident.

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#7-2, Jalan 4/93,
Taman Miharja, 55200 Kuala Lumpur.
Phone: 603-9281 1588
Fax: 603-9281 6885
Website: http://www.fswongco.com
Email: tan@fswongco.com

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