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Questions and Answers
What is the minimum number of consecutive days an individual must be in Malaysia to be considered a tax resident?
What is the minimum number of consecutive days an individual must be in Malaysia to be considered a tax resident?
What is the maximum duration of a temporary absence that is considered part of a period of stay in Malaysia?
What is the maximum duration of a temporary absence that is considered part of a period of stay in Malaysia?
In which year is Marshall considered a tax resident, according to the given information?
In which year is Marshall considered a tax resident, according to the given information?
What is the term for the year in which the income is derived, in relation to Malaysian taxation?
What is the term for the year in which the income is derived, in relation to Malaysian taxation?
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How many days was Nari Jong absent from Malaysia on a social visit?
How many days was Nari Jong absent from Malaysia on a social visit?
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What is the Year of Assessment for which Nari Jong is considered a tax resident, according to the given information?
What is the Year of Assessment for which Nari Jong is considered a tax resident, according to the given information?
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What is the minimum period of stay in Malaysia to be considered a tax resident under S. 7(1)(a)?
What is the minimum period of stay in Malaysia to be considered a tax resident under S. 7(1)(a)?
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What is the condition for an individual to be considered a tax resident under S. 7(1)(b)?
What is the condition for an individual to be considered a tax resident under S. 7(1)(b)?
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What is considered as a temporary absence for the purpose of tax residency?
What is considered as a temporary absence for the purpose of tax residency?
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How does temporary absence affect the consecutive day requirement for tax residency?
How does temporary absence affect the consecutive day requirement for tax residency?
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What is the purpose of the 'bridging two periods' rule in tax residency?
What is the purpose of the 'bridging two periods' rule in tax residency?
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What is the minimum period of stay in Malaysia for an individual to be considered a resident?
What is the minimum period of stay in Malaysia for an individual to be considered a resident?
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Why is it important to determine an individual's tax residency status in Malaysia?
Why is it important to determine an individual's tax residency status in Malaysia?
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How does a temporary absence affect an individual's tax residency status in Malaysia?
How does a temporary absence affect an individual's tax residency status in Malaysia?
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What is the consecutive year requirement for an individual to be considered a resident in Malaysia?
What is the consecutive year requirement for an individual to be considered a resident in Malaysia?
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What is the basis year for determining an individual's tax residency status in Malaysia?
What is the basis year for determining an individual's tax residency status in Malaysia?
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Can an individual be considered a resident in Malaysia if they stay in the country for a period or periods amounting in total to 90 days or more in a single year?
Can an individual be considered a resident in Malaysia if they stay in the country for a period or periods amounting in total to 90 days or more in a single year?
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How does a social visit affect an individual's tax residency status in Malaysia?
How does a social visit affect an individual's tax residency status in Malaysia?
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Study Notes
Individual Residence Status in Malaysia
- A resident in Malaysia is determined by the number of days spent in the country.
- There are three conditions to determine residence status:
- Section 7(1)(a): In Malaysia for a period or periods amounting in total to 182 days or more.
- The period of stay need not be consecutive.
- Section 7(1)(b): In Malaysia for a period of less than 182 days and that period is linked by or to another period of 182 or more consecutive days.
- Temporary absence forms part of the 182 or more consecutive days.
- Temporary absence refers to:
- Absence due to service matters or attending conferences or seminars or study abroad.
- Absence due to ill health (self or immediate family member).
- Social visits not exceeding 14 days in total.
- Section 7(1)(c): In Malaysia for a period or periods amounting in total to 90 days or more and in 3 out of the 4 immediately preceding years, the individual is either:
- Resident.
- In Malaysia for a period or periods amounting in total to 90 days or more.
- Section 7(1)(a): In Malaysia for a period or periods amounting in total to 182 days or more.
Examples of Residence Status
- Marshall was a resident in Malaysia for YA 2017 as he was in Malaysia for 88 days in 2017, which is linked by a period of more than 182 consecutive days in 2016.
- Nari Jong was a resident in Malaysia for YA 2018 as she was in Malaysia for 3 days in 2018, which is linked by a period of more than 182 consecutive days in 2017.
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Description
Test your understanding of individual residence status in Malaysia, including the rules and requirements for tax residency. Learn about the 182-day rule and its implications for taxation. This quiz is based on the Fifth Edition of A Guide to Malaysian Taxation.
