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Gst-the Malaysian Perspective

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ACC 4244 Taxation Miss Azliza Azrah Binti Mohd Zakaria 1 FN 1 INDIVIDUAL ASSIGNMENT By Praveen Ragupathi

INTRODUCTION
Employment Income by Non-resident
In general, employment income is usually taxed when an individual is working in that particular country. Therefore, a foreign national working in Malaysia is responsible to pay his or her tax to Malaysia Inland Revenue under the Malaysian law because he or she is deriving income from Malaysian soil.
But there is some exemption for non-resident in Malaysia under the paragraph 21, Schedule 6 of the ITA; I. During employment for a period or periods which together do not exceed sixty days in the basis year for a year of assessment II. During employment for a continuous period (not exceeding sixty days) which overlaps the basis years for two successive years of assessment; or III. During employment for a continuous period (not exceeding sixty days) which overlaps the basic years for two successive years of assessment and for a period or periods which together with that continuous period do not exceed sixty days.
1.0 Circumstances 1
For example, Senthil an Indian citizen employed by a multinational company in India was sent to work at its operational headquarters based Malaysia for a specific assignment. His employment in Malaysia was from 9.6.2010 to 30.6.2010 (22 days). Senthil went on a holiday touring the country for two weeks (14 days) before he left Malaysia.
Summary of this situation: Year 2010 | Work In India | Work in Malaysia | Holiday In Malaysia | Work In India | 160 days | 22 days | 14 days | 170 days |
Answer:
Senthil qualifies for a tax exemption for the year of assessment 2010 as his period of employment in Malaysia because does not exceed 60 days.
Using the same example, Senthil returned to Malaysia to work from 1.9.2010 to 30.9.2010 (30 days) on another

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