Individual Resident status by Yeoh Yee Kang

Residence Status

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Resident

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4 sets of circumstances by which an individual is deemed to be a resident in Malaysia.

Non- Resident

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Section 7(1)(d) of ITA 1967

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Section 7(1)(b) of ITA 1967

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Section 7(1)(a) of ITA 1967

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Section 7(1)(c) of ITA 1967

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BENEFITS OF RESIDENCE STATUS

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ii. At least 182 consecutive days in link period

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i. Link Period

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iii. Temporary absence from part of the 182 consecutive days and short period

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Linked by December
(preceding year)

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Link to January
(following year)

Example of Temporary Absence

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attending conference
seminars
ill health himself / family
social visit(< 14 days)

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90 days or more in basic year (not necessarily consecutive days)

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3 out of 4 immediately preceding years of assessment is either :

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a) Tax resident in Malaysia

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b) at least 90 days in Malaysia

Withholding tax

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contract payment
interest
royalty
section 4A income payments made

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-The scope of charge for both resident and non-resident individuals is the same
-Both are taxed only upon Malaysian derived and accrued income.

Entitled to individual Tax Relief

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Suchs as:

self
wife
child reliefs
medical insurance relief

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In the current calendar years
Minimum need physical presence 182 days
The period of stay need not be consective

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Entitled to a rebate of RM 400 if their chargeable income is less than RM35,000.

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Taxable income are subject to:
- Scaled rate from 0-28%.
- Flat rate 30% for chargeable income > RM2 million

Type of income are exempted

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-Royalties from literary or artistic work
-Income from cultural performance approved by Minister of Culture,Art and Tourism
-Income from musical composition.

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Taxable income are subject to flat rate of 30%

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Not entitled to the rebate & reliefs

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Resident for 3 immediately preceding basis years
Resident for immediately following basis year