Question
Mr Lee, an Information Technology senior executive from mainland China, was under an employment contract in Malaysia with MSC Sdn Bhd since 1 November 2014.
Mr Lee, an Information Technology senior executive from mainland China, was under an employment contract in Malaysia with MSC Sdn Bhd since 1 November 2014. Since then,his pattern of stay until he left Malaysia permanently on 31 December 2019 was as follows:
Period of stay Place of stay
01 November 2014 to 31 December 2015 In Malaysia
01 January 2016 to 31 August 2016 In New Zealand, staying with his uncle
01 September 2016 to 19 September 2016 In HK visiting mother who was seriously ill
20 September 2016 to 03 February 2017 In Malaysia
04 February 2017 to 31 August 2017 In France to undertake a company project
01 September 2017 to 17 November 2018 In Malaysia
18 November 2018 to 30 November 2018 In China (13 days) for a vacation
01 December 2018 to 31 December 2019 In Malaysia
Required:
(a) Determine the residence status of Mr Lee for Years of Assessments 2014 to 2019 under the Income Tax Act (ITA) 1967.
(Your answer should state the relevant legislation under the ITA 1967)
p/s: example answer will be in table like this .
Year | Total days present in Malaysia | Status | Section | Explanation |
2014 | 186 Days | Resident | Section 7(1)(a) | Cris considered as the resident of Malaysia for tax purposes as he had lived more than 182 days in Malaysia. |
2015 | 31 days | Non resident | Section 7(1)(a) | Cris is not considered as the resident as he had not lived for 90 days in the 2015 . |
(10 marks)
(b) Distinguish the requirements between Sections 7(1)(b) and 7(1B) of the ITA 1967.
(5 marks)
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