Confusion on the exemption of foreign source income

On 31st December 2022, our government has agreed to exempt taxation on foreign source income (FSI) for resident taxpayers to ensure the smooth implementation of the tax initiative, said the Ministry of Finance (MoF).

The tax exemption is effective from Jan 1, 2022 to Dec 31, 2026.

Subject to Inland Revenue Board criteria and guidelines, income tax exemption on dividends will be given to companies or limited liability partnerships while individuals will be tax-exempted for all types of income.

Exclusion on the exemption

The exemption on foreign source income does not apply to company that receives income from renting properties overseas, interest income and royalty income.

These incomes will be subjected to Malaysia tax upon remittance into Malaysia.

Double Tax Relief

Relief from double taxation can be provided under two ways namely exemption method and tax credit method. Under the exemption method, specific income is taxed in one of the two countries and exempted in another country.

If the Malaysian company suffered tax on the rental/interest/royalty income which is remitted into Malaysia, a taxpayer can claim double tax relief under Section 132 or single tax relief under Section 133.

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