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Last minute: Foreign Sourced Income Exempted for Individual

There is a surprising last-minute twist to foreign Sourced income.

During the tabling of Budget 2022, the government had proposed the withdrawal of the tax exemption on FSI received in Malaysia, which had caused a stir among companies and individuals, especially those with significant investments abroad.

The twist only for individual?

The Ministry of Finance (MOF) on 30th December 2021 said the government has agreed to exempt all types of foreign incomes of individuals from foreign-sourced tax and has also extended the exemption to dividend incomes earned by limited liability companies and partnerships.

In a statement, it said this would be subject to the eligibility criteria which will be detailed in the Inland Revenue Board’s guidelines. So it is still too early to celebrate. Since there seems to be a further condition to this so call exemption.

Only for individual taxpayers, the government will still provide FSI exemption, limited to all individuals. However, this does not include an exemption for those who conduct business partnerships in Malaysia, which will still be subjected to tax on foreign-sourced income (FSI) received.

It said the exemption would be effective from January 1, 2022 until Dec 31, 2026.

Non-Resident

Non-resident categories (individuals, companies, etc) remain eligible for income tax exemption.

Cukai Makmur

“At the same time, we are pleased to announce that FSI received in the year of assessment 2022 is exempt from tax calculation for the purpose of Cukai Makmur,” said the finance ministry. Since Cukai Makmur only affects the blue-chip company, this definitely is a piece of good news for the mega-companies.

Conclusion

Let us be on the lookout for the guideline. I am definitely eager to see what are the condition attached.

Source: The Edge

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There is a lot of confusion lately regarded FSI. To separate the truth from fiction, read this article: “You See FSI Not a Real U-Turn“.

author avatar
Tan Lee Ling
Tax Consultant by training in the Big Four and trained several years with Dr Choong. Being a Chartered Accountant with a law degree. Specialised in compliance, tax planning and tax investigation in her early years. Being in tax for 12 years, to her Tax is like a tree, it is the life force for the country, tax is dynamic, continuously changing and growing. Lee Ling is the conduit in charge of not just sharing these tax changes, also to bring Dr Choong's brilliant tax planning to the tax professionals and business community.
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