# Obtaining Malaysian Domicile Status



## oldtimer (Jun 23, 2010)

Can anyone tell me what the legal requirements are for a British passport holder to establish Domicile in Malaysia? I have been resident here for a number of years and considered myself domiciled in Malaysia, but apparently , the number of years one resides in a country does not automatically ensure you would be considered by Tax authorities in U.K. to be Malaysian domiciled.
What must I do to prove to the UK tax man , that I am not just resident here , but actually DOMICILED here?


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## rifleman (Jun 24, 2011)

There is nothing you can do which automatically proves you are domiciled outside of the UK. Put simply HMRC look at all of your circumstances, for example where your income originates and where your family ties are, not just where you normally reside.
I would suggest you are more likely to successfully challenge them with help from a UK accountant or lawyer.


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## Nemo. (Feb 13, 2011)

I would add let's say you have UK property and pensions. That's evidence against you! If you have a wife and kids, PR in Malaysia and are learning Malay to gain Malaysian citizenship then easier to argue non-Dom. With Malaysian citizenship easier to argue of course. It isn't automatic though! As you can revert to British citizenship automatically.

But why? There really isn't that much of a difference to being not ordinarily resident (unless a billionaire!). I suspect that is what you really mean. Non OR means you are only taxed in UK on UK income not overseas income.

If you want to be non Dom to avoid income in UK on UK assets forget that! If Non-Dom you need to pay tax on UK assets in Malaysia btw


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