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Revise tax return from non-resident to resident

Ghess1000

Hi

I've been searching online and can't seem to find this information. I was in Malaysia for 165 days in 2017 and paid 28% flat tax. In 2018, I was in Malaysia for >182 days consecutively from January to mid-July and for the rest of the year after a couple of weeks on holiday. I'm still here.

My understanding is that I now qualify for resident status for 2017 and they owe me a refund of the excess, which is quite substantial.

My HR department says I have to go to the tax office in person to handle this. They've been a fountain of misinformation, so before I spend a day there, I was wanted to see if anyone else who has had to do this can provide better information.

Thanks in advance.

See also

The tax system in MalaysiaTaxes for expats in MalaysiaSwiss pension in MalaysiaMalaysia Income TaxÍæÅ¼½ã½ã living in another country while doing the Malaysian job remotelyEP cancelation and Tax Clearance time and other queries182 consecutive days for tax can be counted in 2 years?
Gravitas

There is no need to go to LHDN but your annual tax return for 2018 is due now until May.

Hopefully you filed a return for tax year  2017 this time last year.

Any refund will be calculated when the tax office processes your 2018 claim. They will also check if you can link 2017 to 2018.

If you decide to go to your tax office anyway, need to take 2017 and 2018 tax returns, your EA forms, your passport and a list of travel outside Malaysia stamped by employer (original and copy of everything).

If you have a Certificate of Residence for 2018 take that too.

Ghess1000

Yes, my company filed my return last year. This year's return is ready, but I have to wait for the change in phone number to register so I can receive a TAC.

Will they also know about the reliefs I'd qualify for in 2017? As a non-resident, I wasn't allowed any.

Gravitas

They should have been included on last year's tax return. It's a full annual tax return but currently needs reviewing based on your revised residency status. Some deductions and benefits will be pro-rata.

There are explanatory notes here.



In certain circumstances an amendment can be filed - this is also explained at the above link.

Ghess1000

Thank you very much.