The proposed tax measures may provide some relief to qualifying Malaysian tax-resident assignees and, if the employer bears the assignee’s Malaysian tax under a tax-equalization or similar arrangement, may reduce assignment costs. Conversely, the proposed rate increase for chargeable income exceeding MYR 1 million could increase the tax and assignment costs associated with higher-income assignees.
The proposed work rights for certain expatriate spouses represent a separate mobility-related development. Subject to the prescribed conditions, the measure could provide additional employment flexibility for dual-career families and may influence assignment-location decisions.
Taxpayers, employers, and global mobility program managers might wish to consider:
- Employers may review the potential effect of the proposed tax-rate changes on Malaysian tax-equalization, tax-protection, and assignment-cost calculations.
- Employers could identify assignees whose chargeable income may fall within the tax bands affected by the proposed rate changes.
- Assignees may review whether they qualify for the expanded or increased personal tax reliefs and retain appropriate supporting documentation for any relief claimed.
- Global mobility teams may monitor assignees’ presence in Malaysia because tax residency generally affects access to personal tax reliefs and resident individual tax rates.
- Employers may review how the proposed work rights for certain Dependant Pass holders could affect dual-career support and assignment policies.
- Potentially affected expatriate spouses may verify the prescribed conditions and application procedures after the relevant authorities issue implementation guidance.
- Relief claims may be reviewed during a tax audit. If a taxpayer cannot provide sufficient supporting documentation, the relevant relief could be disallowed and penalties may apply.
Taxpayers and global mobility programme managers could review how the proposed measures may affect their internationally mobile employees and consider any steps necessary to prepare for the changes once enacted. For further guidance, please contact your usual tax adviser or a member of the GMS tax team with KPMG in Malaysia (see the Contacts section).