Crowe Horwath AF1018 Kuala Lumpur Member Crowe Horwath International Expatriate Tax Planning The Smarter Way to Manage Your Foreign Tax Audit | Tax | Advisory www.crowehorwath.com.my 01 About Crowe Horwath Expatriate Tax Services About Us The Expatriate Tax Unit of Crowe Horwath was established to offer a full range of expatriate and employment tax services. With over 20 years of combined professional services and in-house tax experience, we differentiate ourselves from our competitors by having worked on the ‘client side’, being commercially-focused whilst managing the tax risk for our clients. Challenges Expatriate tax in Malaysia can be a complicated matter when faced with crossborder issues and nuances in the Malaysian income tax law. With constantly changing tax legislation, the need for specialist tax advice has never been greater. Meeting the expatriates’ tax compliance obligations and maximizing their tax position in any one country is hard enough and expatriation, relocation or crossborder working only increases the complexity. Failure to meet these challenges will not only result in you paying more taxes than necessary but also poses inadvertent tax risks or worse, tax penalties. Both employer and employee therefore have their respective tax obligations to ensure that these potential liabilities are avoided. Leading The Way Equipped with an in-depth working knowledge of the Malaysian taxation system and tax laws and an experienced team of tax professionals, we are able to advise and guide you each step of the way. In addition, our network of member firms in 726 offices across the globe and strategic competencies in audit, tax and advisory place us in the position to provide an all-rounded approach for your organisation’s expatriate advisory and compliance needs. Unique Selling Proposition (USP) OUR PRESENCE 12 offices nationwide Over 950 staff RANGE OF SERVICES Full range of commercially-focused expatriate and employment tax services WORLDWIDE 205 member firms 125 countries EXPERTS Over 20 years combined professional services & in-house tax experience 726 offices 02 Structuring Your Expatriate Postings Expatriates who are posted abroad on business assignments without effective planning and supervision of the HR department will pose unique challenges and risks to the organization and the expatriates themselves. Crowe Horwath's Expatriate Tax Unit can help you manage these risks. We offer a multidimensional approach to the challenges presented by the assignees. Tax Equalization vs Tax Protection Remunerations Packaging Double Tax Treaties Tax Business Visitor Planning Dual Employment Laws on Immigration Local Transfer Social Security Employment Secondment Contract Payroll Tax Residence Status Tax Reporting Obligations 03 Tax Compliance Flow Issues Inbound Expatriates Arrival Year Expat Employer Obtain an Employment Pass or a Professional Visit Pass Set-up and process payroll Determining Tax Residency status Tax on employment income Register the employee's tax number Comply with the Monthly Tax Deductions (MTD) File tax return Report the employee’s income Pay tax Keep records Continuing Year File tax return Comply with the MTD Pay tax Report the employee’s income Keep records Departure Year File tax return Inform IRB on the cessation of employment Submit original passport to the IRB Report the employee’s income Obtain tax clearance letter Withhold the employee’s final salary until IRB issues the tax clearance letter Settle all taxes Release salary upon settlement of outstanding tax Outbound Expatriates Prior To Start Of Assignment Issues Expat Obtain tax clearance letter Pay all outstanding tax to the IRB Employer Inform IRB on the cessation of employment Withhold the employee’s final salary until IRB issues the tax clearance letter Release salary upon settlement of outstanding tax Continuing Year To continue to report other Malaysian sources of income (i.e. dividends, rental, interest, etc.) if any Cease MTD File tax return and pay tax Comply with the tax requirements in foreign country Commence hypo tax withholding Comply with tax requirements in foreign country End Of Assignment Remain responsible for his/her foreign income tax filing until end date of mobilization and file Malaysian income tax return for employment in Malaysia. Inform IRB on the re-commencement of employment Commence MTD and cease hypo tax withholding 04 Our Services Advice on Expatriates entry&exit interview and procedures stock option plans Remuneration packaging Payroll services 05 work permit minimize advice on expatriate relocation Tax consultancy compliance Application of and other related immigration services Tax planning to expatriate taxes Tax filing equalization and tax protection Tax calculations double taxation agreement Advice on and other tax exemption issues Meet Your Experts Foo Meng Huei Shalina Jaafar Executive Director, Tax Senior Tax Manager menghuei.foo@crowehorwath.com.my shalina.jaafar@crowehorwath.com.my Meng Huei has worked in the professional tax environment for more than 12 years where his consultancy services are sought for matters involving tax incentives, inbound and outbound cross-border international tax planning, corporate restructuring tax planning, tax investigations and audit, and indirect taxes. Shalina comes with more than 16 years of experience in handling personal income tax matters involving local and expatriate individuals from local and multinational companies of diverse industries such as oil & gas, manufacturing, trading and financial services. Poon Yew Hoe Managing Partner/Tax Partner Fennie Lim yewhoe.poon@crowehorwath.com.my Chong Mun Yew Executive Director, Tax Having been in the accountancy field for more than 27 years, Yew Hoe has extensive knowledge and experience in taxation and audit matters. His specialization is in tax advisory, covering areas such as GST, transfer pricing, domestic taxes, corporate restructuring, initial public offerings, mergers and takeovers, and international tax. Executive Director, Tax fennie.lim@crowehorwath.com.my Equipped with 19 years of experience, Fennie specializes in tax compliance and advisory, tax planning for individuals and companies, as well as tax investigations and field audits. munyew.chong@crowehorwath.com.my With 17 years experience in the tax advisory field, Mun Yew’s specialization covers areas such as GST, domestic taxes, corporate restructuring, initial public offerings, mergers and takeovers, employee tax option scheme and international tax. For any enquiries, please contact Shalina Jaafar at +603 2788 9898, Ext: 2505. 06 Crowe Horwath AF1018 Kuala Lumpur Member Crowe Horwath International For more information, please contact: KUALA LUMPUR Level 16, Tower C, Megan Avenue II, 12, Jalan Yap Kwan Seng, 50450 Kuala Lumpur Main +603 2788 9898 Fax +603 2788 9899 KLANG 52A-1, Lebuh Enggang, 41150 Klang, Selangor Main +603 3343 0730/3343 1846 Fax +603 3344 3036 Contact Poon Yew Hoe Emailyewhoe.poon@crowehorwath.com.my Contact Fennie Lim Emailfennie.lim@crowehorwath.com.my PENANG Level 6, Wisma Penang Garden, 42, Jalan Sultan Ahmad Shah, 10050 Penang Main +604 227 7061 Fax +604 227 2011 Contact Eddy Chan Emaileddywaihun.chan@crowehorwath.com.my Contact Lee Kok Jiunn Emailkokjiunn.lee@crowehorwath.com.my MELAKA 52, Jalan Kota Laksamana 2/15, Taman Kota Laksamana, Seksyen 2, 75200 Melaka Main +606 282 5995 Fax +606 283 6449 Contact Siow Kwi Fong Emailkwifong.siow@crowehorwath.com.my Contact Leong See Leng Emailseeleng.leong@crowehowath.com.my MUAR 8, Jalan Pesta 1/1, Taman Tun Dr Ismail 1, Jalan Bakri, 84000 Muar, Johor Main +606 951 5300 Fax +606 952 7328 Contact Ng Kim Kiat Emailkimkiat.ng@crowehrowath.com.my Contact Ng Kin Hian Emailkimhian.ng@crowehorwath.com.my JOHOR BAHRU E-2-3, Pusat Komersial Bayu Tasek, Persiaran Southkey 1, Kota Southkey, 80150 Johor Bahru, Johor Main +607 278 1268 Fax +607 278 1238 KUCHING (Brighton Square) 2nd Floor Lots 11994 - 11996, Brighton Square, Jalan Song, 93350 Kuching, Sarawak Main +6082 285 566 Fax +6082 285 533 Contact Chai Voon Huei Emailvoonhuei.chai@crowehorwath.com.my Contact Hing Soh Tee Emailsohtee.hing@crowehorwath.com.my Contact Eddie Wee Emaileddie.wee@crowehorwath.com.my Contact Missnah D. Sabari Emailmissnah.sabari@crowehorwath.com.my KOTA KINABALU Damai Plaza 3, 3rd Floor C11 South Wing, Jalan Damai, P.O. Box 11003, 88811 Kota Kinabalu Main +6088 233 733 Fax +6088 238 955 BINTULU 1st Floor, 53 Medan Sepadu, Jalan Abang Galau, 97000 Bintulu, Sarawak, P.O. Box 3555, 97008 Bintulu, Sarawak Main +6086 333 328 Fax +6086 334 802 Contact Michael Y S Tong Emailmichael.tong@crowehorwath.com.my Contact James Chung Emailjames.chung@crowehorwath.com.my Contact Amanda Lim Emailamanda.lim@crowehorwath.com.my LABUAN Lot 36, Block D, Lazenda Centre, Jalan OKK Abdullah, 87000 Wilayah Persekutuan Labuan, P O Box 81599, 87025 Wilayah Persekutuan Labuan Main +6087 417 128 Fax +6087 417 129 Contact Christabel Chieng Emailchristabel.chieng@crowehorwath.com.my Contact Michael Y S Tong Emailmichael.tong@crowehorwath.com.my KUCHING (Petanak) 1st Floor, No. 96, Jalan Petanak, 93100 Kuching, Sarawak, P.O. Box 1819, 93736 Kuching, Sarawak Main +6082 425 933 Fax +6082 427 546 Contact Hudson Chua Emailhudson.chua@crowehorwath.com.my Contact Chai Tze Chek Emailtzechek.chai@crowehorwath.com.my Contact Kenny Chong Emailkenny.chong@crowehorwath.com.my Contact Lau Hin Siang Emailhinsiang.lau@crowehorwath.com.my Contact Teo Lee Lee Emailleelee.teo@crowehorwath.com.my Contact Lee Meng Song Emailmengsong.lee@crowehorwath.com.my MIRI 1st & 2nd Floor, Lot 2942 Faradale Garden, Jalan Bulan Sabit, 98000 Miri, Sarawak, P.O. Box 258, 98007 Miri, Sarawak Main +6085 412 829 Fax +6085 413 255 Contact Matthew Wong Emailmatthew.wong@crowehorwath.com.my Contact Thomas Yeu Emailthomas.yeu@crowehorwath.com.my SIBU 1st & 2nd Floor, No. 1 Lorong Pahlawan 7A2, Jalan Pahlawan, 96000 Sibu, Sarawak, P.O. Box 505, 96007 Sibu, Sarawak Main +6084 211 777 Fax +6084 216622 Contact David Lau Emaildavid.lau@crowehorwath.com.my Contact Morris Hii Emailmorris.hii@crowehorwath.com.my About Crowe Horwath AF 1018 Crowe Horwath AF 1018 is the 5th largest accounting firm in Malaysia and a member of Crowe Horwath International which is a top 10 global accounting network. The firm in Malaysia is represented in 12 locations, employs over 950 staff, serves mid-to-large companies that are privately-owned, publicly-listed and multinational entities, and is registered with the Audit Oversight Board in Malaysia and the Public Company Accounting Oversight Board in the US. Crowe Horwath International has 205 member firms covering 726 offices in 125 countries around the world. Crowe Horwath taps on its global resources and strategic competencies in audit, tax and advisory to become the leading firm of choice for fast growing businesses looking for high quality, a market driven approach and personalised service. Kuala Lumpur • Klang • Penang • Johor Bahru • Melaka • Muar • Kuching • Sibu • Bintulu • Miri • Kota Kinabalu • Labuan www.crowehorwath.com.my Crowe Horwath AF1018 is a member of Crowe Horwath International, a Swiss verein. Each member firm of Crowe Horwath International is a separate and independent legal entity. Crowe Horwath AF 1018 and its affiliates are not responsible or liable for any acts or omissions of Crowe Horwath International or any other member of Crowe Horwath International and specifically disclaim any and all responsibility or liability for acts or omissions of Crowe Horwath International or any other Crowe Horwath International member. © 2015 Crowe Horwath AF 1018