治仲會計公司

Expatraite requirements to work in Malaysia

Pre arrival procedures


An expatriate who requires a work visa must apply for their visa before
taking up an employment in Malaysia.

Employment visas


An expatriate taking up employment in Malaysia must apply for an employment pass before commencing employment. A local sponsor, who is usually the employing company in Malaysia, is required to support the application.
If the expatriate’s spouse and children also relocate to Malaysia, they will require a dependent’s pass.

Tax year


The tax year or year of assessment (YA) for individual tax runs from 1st January to 31st December. Malaysia adopts a current year basis of assessment.
This means that income for the calendar year 2010 is taxable in the YA 2010.

Tax returns and compliance


An employee has to file an income tax return by 30 April each year. There are schedular tax deductions (STD, i.e. pay-as-you-earn scheme) to be made by the employer for remuneration paid to an employee.
The employer is required to file a leavers form with the tax authorities no later than 1 month from the employee’s expected date of departure. For tax clearance purposes, the employer is required to withhold monies due to the employee from the date of notification of departure from Malaysia.

Who wins in a tax audit

Who Wins In A Tax Audit


1) Taxpayer should be able to handle and manage tax audits themselves. Taxpayers may consider engaging tax professionals who specialize in handling tax audits to assist on specific technical matters

2) Be ready to answer questions and provide the necessary information when requested by the IRB

3) Be polite and professional in dealing with the IRB officials

4) Do not underestimate the IRB officials as they are professionals with the relevant knowledge, training and experience

5) Finalise the tax audit within a short time and narrow down the list of issues to be dealt with to resolve the matter quickly

Wages liable to EPF

Wages


All remuneration in money due to an
employee under his contract of service or apprenticeship whether it was agreed to be paid monthly, weekly, daily or otherwise.
Among the payments that are liable for EPF contribution:
  • Salary
  • Payment for unutilised annual or medical leave
  • Bonus
  • Allowance
  • Commission
  • Incentive
  • Arrears of wages
  • Wages for maternity leave
  • Wages for study leave
  • Wages for half day leave
  • Other payments under services contract or otherwise

View:
Section 2: Interpretation
Among the payments not liable for EPF contribution:
  • Service charges
  • Overtime payment
  • Reward
  • Retirement benefits
  • Retrenchment, temporary and lay-off termination benefits
  • Any travelling allowance or the value of any travelling concession
  • Payment in lieu of notice of termination of employment
  • Director's fee

The above list is not exhaustive. Should require further clarification, please contact EPF
Call Management Centre at 03-89226000, Enquiry or any EPF Office.
Transfer of retirement benefits
An employer may, with the approval of an employee, transfer to the employee's EPF account any funds being the retirement benefits of the employee or any funds from any other retirement scheme or plan relating to the employee. Such a transfer can be made through
Form EPF 16F.
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