Tools · For employers
Can they work from there?
For managers and HR. Someone on your team wants to work from abroad for a while. Tell us where, and for how long, and we will show you the four things that can turn a yes into a tax bill: their residence, your payroll, social security, and a taxable presence for the company.
UK employer · Malaysia · 6 months, about 183 days
1 real risk: get advice before you agree.
- 0 low
- 3 to watch
- 1 high
Their tax residence
HighThey become tax resident there
About 183 days crosses Malaysia's line on days alone. The rule: 182 days or more in a calendar year, with any part of a day counted as a whole day. Shorter stays can still make you resident if they link to 182 days in a row across two years, or if you spend 90 days a year in Malaysia over several years. This counts the main test only.
Your payroll
WatchInside the treaty's day line
The 1996 agreement keeps the salary taxable only in the UK for an employee there no more than 183 days in any 12 months starting or ending in the tax year, paid by an employer not resident there, and not charged to a branch there. About 183 days is inside that, as long as the employee stays resident in the UK for treaty purposes. That is close to the line, so count the days carefully, including travel days.
Social security
WatchUK cover for 52 weeks
The UK has no social security agreement with Malaysia. HMRC's rule is that Class 1 National Insurance continues for the first 52 weeks abroad if the employer has a place of business in the UK and the employee lived in the UK before. Nothing stops Malaysia charging its own contributions as well.
gov.uk, reciprocal social security agreements · HMRC, Social security abroad (NI38), updated 7 July 2026
A taxable presence
WatchDepends on the reason
The OECD's November 2025 guidance says a home generally will not count as a fixed place of business if the employee works from it for less than half their working time over 12 months. At half or more, it asks whether the company has a commercial reason for them to be there; keeping the employee happy or saving office costs does not count. Countries do not all follow OECD guidance.
OECD, November 2025 update to the Model Tax Convention · Deloitte summary of the OECD 2025 update
On the UK side
HMRC's PAYE Manual says that if an employee is sent abroad by the employer, the employer must continue to operate PAYE, unless HMRC issues a code that says otherwise. Form P85 is for someone leaving the UK to live or work abroad full-time, so a stay like this does not usually need one. HMRC PAYE Manual, PAYE81640
In Malaysia
MDEC's DE Rantau FAQ says remote workers are exempt from Malaysian tax only for stays of 60 days or fewer. MDEC, DE Rantau pass FAQ