Residencia fiscal en Malaysia: la prueba de los 182 días
Umbral de 182 días
Cómo funciona la regla de 182 días en Malaysia
Malaysia uses a 182 day threshold per calendar year.
Año natural (enero a diciembre). Esto significa que tu conteo de días se reinicia cada 1 de enero. Los días del año anterior no se acumulan.
Si superas los 182 días, Malaysia puede gravar tus ingresos mundiales como residente fiscal. Las consecuencias exactas dependen de tu situación personal, los tratados fiscales aplicables y el tipo de ingreso.
Cómo funciona el conteo
Section 7 of the Malaysian Income Tax Act gives you four ways into residency for any basis year. The headline route is the 182 days in Malaysia test, where the days are aggregate rather than continuous. There is also a linking rule that catches a period of fewer than 182 days in one year if it joins up with a period of 182 or more in an adjacent year. A third route makes you resident with as few as 90 days in the current year if you were already resident in three of the four preceding years. And there is a slightly unusual fourth rule: if you were resident in the three years before and the year after, you are resident in the middle year too, even if you never set foot in Malaysia during it.
Qué cuenta como día
Arrival days and departure days both go on the count. Brief absences of 14 days or fewer for social visits abroad are treated as Malaysian days for the linking test, but they do not count toward the basic 182 day threshold.
Más allá del conteo de días
The linking rule is the one that catches people. A stay of fewer than 182 days in one year, joined to a 182+ day stay in the immediately preceding or following year, is enough to establish residency for the shorter year as well.
Regímenes fiscales especiales
Malaysia exempts foreign source income received by individuals (other than partnerships) under transitional rules currently scheduled through 31 December 2026, though specific income types are carved out. Separately, the MM2H (Malaysia My Second Home) programme grants a long term renewable visa, but it does not change your tax residency on its own.
Tratados fiscales
Malaysia has a wide treaty network. When dual residency comes up, the OECD tiebreaker is the default settlement mechanism.
Preguntas frecuentes
Is foreign income taxed in Malaysia?
For individuals (other than partnerships), foreign source income received in Malaysia is exempt under transitional rules currently scheduled through 31 December 2026. Specific exclusions apply, so check whether your income type is covered before relying on the exemption.
How does the 90 day rule work?
You can be resident with as few as 90 days in the current year, provided you were also Malaysian resident in three of the four preceding basis years. It is the rule that catches people with deep but irregular ties to Malaysia.
Does MM2H create tax residency?
No. MM2H is an immigration scheme, not a tax one. Your Malaysian tax residency is decided by the day count tests in Section 7, regardless of which long stay visa you hold.
Fuente oficial: https://www.hasil.gov.my/en/
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