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  • Writer's pictureGSK & Associates

Individual income tax in Malaysia

Updated: Mar 13

Individual tax due dates, tax residence status, rates of tax, tax reliefs and tax rebates for resident individuals for the year of assessment 2022.


Year of assessment (YA) for Individual


Liability to tax is determined on a calendar year basis, which is the same as basis year i.e. 1 January to 31 December every year.


The basic distinction in tax treatment of an Individual between resident and non-resident in Malaysia are as follows:

​Item

Resident

Non-resident

Tax rate

Tax at scale rate as specified in para 4 (a) below

Business income and employment income is taxed at 30% and for other income refer para 4 (b) below

Personal tax reliefs

Entitled to claim

Not entitled to claim

Rebates

Entitled to claim rebate if chargeable income does nt exceed RM35,000

Not entitled to claim


Due dates for submission of income tax return form (ITRF) and payment of balance of tax:

ITRF

Type of income

Statutory due date

Grace period

BE / BT

Resident individuals who have income other than business

30 April 2023

15 days - from the statutory due date for submission of ITRF via e-filing and payment of balance of tax

B / BT

Resident individuals who have business income

30 June 2023

​15 days - from the statutory due date for submission of ITRF via e-filing and payment of balance of tax

P

Partnerships

30 June 2023

​15 days - from the statutory due date for submission of ITRF via e-filing and payment of balance of tax

M / MT

Non-resident individuals.

Without business income - 30 April 2023. With business income - 30 June 2023.

​15 days - from the statutory due date for submission of ITRF via e-filing and payment of balance of tax

TF / TP

Associations / Deceased person's estate

Without business income - 30 April 2023. With business income - 30 June 2023.

​15 days - from the statutory due date for submission of ITRF via e-filing and payment of balance of tax

Tax residence status of individuals in Malaysia


Section 7 of the Income Tax Act, 1967 (ITA) sets down 4 circumstances for an individual to be considered as tax resident in Malaysia as follows:

  • Section 7 (1) (a) - An individual who is in Malaysia for 182 days or more in a basis year.

  • Section 7 (1) (b) - An individual who is in Malaysia for less than 182 days in a basis year and that period is linked to another period of 182 days or more consecutive days in the following or preceding basis year. Temporary absences in Malaysia due to the following reasons are counted as part of the consecutive days, provided that the individual is in Malaysia before and after each temporary absence:

- business trips

- treatment for ill-health

- social visits not exceeding 14 days

  • Section 7 (1) (c) - An individual who is in Malaysia for 90 days or more in that basis year and in any 3 of the 4 immediately preceding years of assessment either: i) he is a resident in Malaysia for that basis year in question; or ii) he was in Malaysia for at least 90 days or more in that basis year in question.

  • Section 7 (1) (d) - An individual who is never actually have been in Malaysia at all during that basis year provided, he is a resident for the immediately following basis year and had been resident for the 3 immediately preceding basis years.

Tax rates

a. Resident individuals

Chargeable income (RM)

Calculations

Rate (%)

Tax (RM)

0-5000

On the first 5,000

​0

​0

​5,001 - 20,000

On the First 5,000

Next 15,000

​1

0

150

20,001 - 35,000

On the First 20,000

Next 15,000

3

150 450

35,001 - 50,000

On the First 35,000

Next 15,000

8

600

1,200

50,001 - 70,000

On the First 50,000

Next 20,000

13

1,800

2,600

70,001 - 100,000

On the First 70,000

Next 30,000

21

4,400

6,300

100,001 - 250,000

On the First 100,000

Next 150,000

24

10,700

36,000

250,001 - 400,000

On the First 250,000

Next 150,000

24.5

46,700

36,750

400,001 - 600,000

On the First 400,000

Next 200,000

25

83,450

50,000

600,001 - 1,000,000

On the First 600,000

Next 400,000

26

133,450

104,000

1,000,001 - 2,000,000

On the First 1,000,000

Next 1,000,000

28

237,450

280,000

Exceeding 2,000,000

On the First 2,000,000

Next ringgit

30

517,450

..........

b. Non-resident individuals

Types of income

Rate (%)

Public entertainer's professional income

15

Interest

15

Royalties

10

Special classes of income such as rental income, advice, assistance or services rendered in Malaysia

10

Dividends, single-tier

Tax exempted

Employment income, business income and other gains or profits

30

Income other than the above

10


Tax reliefs for resident individuals

​Types of reliefs

RM (maximum relief)

Self

9,000

Disabled self - additional relief

6,000

Spouse

4,000

Disabled spouse - additional relief

5,000

Payment of alimony to former wife

4,000

Per child, unmarried:

- below 18 years old

2,000

- over 18 years old and receiving full-time education for e.g. A-levels, certificate, matriculation or preparatory courses)

2,000

- receiving further education in Malaysia in respect of diploma or higher (excluding matriculation and preparatory courses) OR - receiving further education outside Malaysia in respect of degree or its equivalent (including Master or Doctorate) - the education establishment shall be approved by the Government

8,000

Per child, mentally or physically disabled:

​- unmarried

6,000

- and if over 18 years of age and pursuing the following qualification in higher education institute that is approved by the government: - diploma level and above in Malaysia; OR - degree level and above outside Malaysia, OR

additional 8,000

​Life insurance

​- Private individuals - 3,000 - Civil servants under pensionable scheme - 7,000 ( a combined maximum relief for contributions made to Takaful, life insurance and voluntary EPF contributions).

Employees' provident fund (EPF)

- ​Private individuals - 4,000, including voluntary contributions by self-employed individuals)

​Private retirement scheme (PRS) and deferred annuity

​3,000

​Education or medical insurance

​3,000

​Medical treatment, special needs or carer expenses for parents (to be certified by a medical practitioner)

​8,000

​Employee’s contribution to Social Security Organisation (SOCSO) and Employment Insurance System (EIS)

​350

Medical expenses for: - self, spouse or child on serious diseases - self or spouse on fertility treatment - self, spouse or child on vaccination, complete medical examination, COVID-19 detection test kit and mental health examinations or consultations - maximum relief of RM1,000

8,000

Education fees for self: - Other than a degree at Masters or Doctorate level; course of study in law, accounting, Islamic financing, technical, vocational, industrial, scientific or technological - Degree at Masters or Doctorate level; any course of study - Course of study undertaken for the purpose of upskilling or self-enhancement - maximum relief of RM2,000

7,000

Purchase of supporting equipment for self (if a disabled person) or for disabled spouse, child or parent

6,000

Lifestyle expenses for the use/benefit of self, spouse or child in respect of:

- purchase or subscription of books, journals, magazines, newspaper and other similar publications (in the form of hardcopy or electronic)

- purchase of personal computer, smartphone or tablet (not for business use)

- purchase of sports equipment and gym memberships, and

- internet subscription (under own name)


​2,500

Purchase of breastfeeding equipment for own use and for a child aged 2 years and below (deduction allowed once in every 2 years of assessment)

​1,000

​Fees paid to childcare centre and kindergarten for a child aged 6 years and below

​3,000

Net deposit into the Skim Simpanan Pendidikan Nasional (total deposit in 2022 less total withdrawals in 2022)

8,000

​Domestic tourism expenses on accommodation, entrance fee to tourist attractions and domestic tour package.

​1,000

Additional relief for purchase of personal computer, smartphone or tablet, not for business use

​2,500

​Additional relief for purchase of sports equipment, entry / rental fees for sports facilities and registration fees for sports competition

500

​Expenses related to electric vehicle charging facilities, not for business use.

​2,500

Tax rebates for resident individuals

Types of rebate

RM

​Individual's chargeable income does not exceed RM35,000

​400

​If husband and wife are separately assessed and each chargeable income does not exceed RM35,000

​400 (each)

​If husband and wife are jointly assessed and the joint chargeable income does not exceed RM35,000

​800

​Rebate for Zakat, Fitrah or other Islamic religious due paid

​Actual amount expended

​Rebate for departure levy paid for performing umrah and for religious pilgrimage by followers of other religion

​Actual amount expended (twice in a lifetime)

The above rebate granted is deducted from tax charged and any excess is not refundable.


For historical data with regard to tax reliefs and matters with regard to individual income tax in Malaysia, click the following link:


https://www.hasil.gov.my/en/individual/individual-life-cycle/how-to-declare-income/tax-reliefs/


 

All information contained herein is summarised based on the information published by LHDN, as updated on 13 February 2023 in its website and it is intended to provide a general overview of the subject matter and should not be regarded as a basis for ascertaining the tax liability in specific circumstances or as a a basis for formulating business decisions. No responsibility for loss to any person acting or refraining from acting as a result of any material in this publication can be accepted by GSK & Associates. Readers should not act on the basis of this publication without seeking professional advice.


Should you require further clarification, please do not hesitate to contact our manager Mr Logeswaran at 03-2705 6630 or email to logeswaran@gskassociates.net or Manager whom you are accustomed to dealing with.





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