Hiring foreigners in Malaysia, the country allows expatriates from various countries to work and live here. From general workers to highly skilled professionals, companies here may employ foreigners to fulfil the positions required but are subjected to certain requirements by Malaysia's immigration law.
Foreign independent contractors must submit IRS Form W-8BEN or W-8BEN-E to certify their foreign status and claim any applicable tax treaty benefits. The US company may also need to file Form 1099-NEC if certain conditions are met, though this is more common for domestic contractors.
To get a work visa for Malaysia, an employee must submit the following documents at the nearest Malaysian Embassy or Consulate: A completed application form. A passport that has been valid for at least six months. Passport-sized colored photographs. Original employment contract. Confirmation letter from the employer.
Foreign vendors do not complete the Substitute Form W-9; foreign persons or entities must submit one of five available forms. The vendor must determine the one most appropriate to their United States tax status for reportable transactions.
While this opens doors to diverse talent and skill sets, it also introduces unique challenges in terms of tax compliance. One critical aspect of this compliance involves Form 1099, which US-based businesses may need to issue to foreign contractors for reporting payments made during the tax year.
The joint committee between the home ministry and human resources ministry on the management of foreign workers has decided to discontinue the practice of outsourcing foreign worker recruitment to agencies as early as next year.
New RM1,700 minimum wage also applies to foreign workers. The new minimum wage of RM1,700, which will take effect from February next year, applies to all workers, including non-citizens in the private sector, except for domestic workers and apprenticeship contracts.