
Key Takeaways
- →Tax clearance is a Tax Clearance Letter (Surat Penyelesaian Cukai, SPC) from LHDN confirming a departing employee has no outstanding income tax. Any foreigner leaving Malaysian employment, and anyone leaving Malaysia for more than three months, needs one.
- →Your employer files the form, not you: CP21 when you are leaving the country, CP22A for a private-sector resignation, retirement, or termination, and CP22B for the public sector. Filing is mandatory online through e-SPC on the MyTax portal since 1 January 2024.
- →The employer must notify LHDN at least 30 days before your departure or last working day, and must withhold your final salary, bonus, and gratuity for up to 90 days (or until the SPC is issued) before releasing the balance.
- →If documents are complete and there are no queries, LHDN issues the SPC within about 10 working days. Employer non-compliance carries a fine of RM200 to RM20,000, up to six months imprisonment, and the unpaid tax becomes the employer's debt.
- →There is no government fee for tax clearance. Once the SPC is issued, your employer settles any tax owed from the withheld money and releases the rest to you, so plan your final pay and your exit date around this hold.
In This Guide
What Tax Clearance Means in Malaysia
Tax clearance is the process of settling your income tax with the Inland Revenue Board of Malaysia (Lembaga Hasil Dalam Negeri, LHDN) before you leave your job and, in most foreigner cases, before you leave the country. The document you are working toward is the Tax Clearance Letter, known in Malay as the Surat Penyelesaian Cukai or SPC. It confirms that LHDN has reviewed your final tax position and that nothing is outstanding.
For a foreigner ending Malaysian employment, this is one of the last and most important administrative steps. It sits alongside cancelling your Employment Pass and closing out your final payslip. Getting it wrong, or leaving it too late, can trap your final salary for months or leave you with an unresolved tax debt that follows you.
Why the process exists
Malaysia operates a withholding and self-assessment system. During the year your employer deducts Monthly Tax Deduction (Potongan Cukai Bulanan, PCB) from your pay, but the true figure is only settled when you file. When you leave, LHDN wants a final reckoning while you and your money are still reachable, which is why the law places the duty on your employer to notify them and to hold your money.
Who is reading this
| Situation | Clearance needed? |
|---|---|
| Foreigner resigning and flying home | Yes |
| Foreigner on an EP moving to a new Malaysian employer | Usually yes (employment ends) |
| Malaysian leaving the country for 3+ months | Yes |
| Foreigner whose contract simply expires | Yes |
| Employee who dies in service | Yes (CP22A/CP22B by employer) |
The three moving parts
- The form. Your employer files the correct LHDN form (CP21, CP22A, or CP22B) online.
- The hold. Your employer withholds your final pay for up to 90 days.
- The letter. LHDN issues the SPC, tax owed is settled, and the balance is released.
Understanding how these three parts connect is what lets you time your exit and protect your final pay. This guide walks through each one with the current 2026 rules. For the broader picture of how income tax works while you are still employed, read our companion Malaysia income tax guide.
Who Needs Tax Clearance and When
Tax clearance is not only for foreigners, but foreigners almost always need it because their employment and their stay in Malaysia usually end together. The trigger is either leaving the country for an extended period or ending an employment relationship.
The main triggers
| Trigger | Applies to | Form used |
|---|---|---|
| Leaving Malaysia for more than 3 months | Foreigners and Malaysians | CP21 |
| Resignation, retirement, or termination (private sector) | Any employee | CP22A |
| Resignation, retirement, or termination (public sector) | Government employees | CP22B |
| Death of an employee | Any employee | CP22A or CP22B |
A departing foreign worker frequently hits two triggers at once. Employment ends, which points to CP22A, and departure from Malaysia follows, which points to CP21. In practice the employer files based on the departure, using CP21 for someone who is physically leaving the country, and LHDN treats that as the tax clearance request.
Common foreigner scenarios
- You resign and go home. Employment ends and you leave. Your employer files for clearance and holds your final pay.
- You switch to a new Malaysian employer. Your current employment ends, so clearance can apply even though you stay in the country. Coordinate with both employers so there is no gap that strands your pay.
- Your fixed-term contract expires. Same as a resignation for clearance purposes. The employer must still notify LHDN.
- You are transferred abroad by the same group. If you are leaving Malaysia for more than three months, CP21 applies.
When clearance may not be required
Clearance centres on people with a tax file and taxable Malaysian income. If your total income for the year was below the taxable threshold, or you never became a tax resident and had no Malaysian-source employment income, the employer may confirm with LHDN that no clearance is needed. Do not assume this. The safe path is to let your employer check with LHDN rather than skip the step and risk a blocked departure or a held salary. If you are unsure how your residency and income affect this, the residency rules are covered in our income tax guide.
Timing the request
The employer must notify LHDN at least 30 days before your expected departure date or last day of employment. That 30-day window is the single most useful number to remember. Tell your employer as early as you can, because the clock that protects your final pay only starts once the form is filed.
CP21, CP22A, CP22B and CP22 Explained
Four LHDN forms sit around the start and end of employment. Knowing which is which removes most of the confusion, even though your employer, not you, files them.
CP21: leaving Malaysia
CP21 is the departure form. It is filed when an employee is expected to leave Malaysia for more than three months and has taxable income. This is the form most relevant to a foreigner flying home for good. The employer must submit it not less than 30 days before the expected date of departure.
CP22A: private-sector cessation
CP22A is filed when a private-sector employee stops working, whether by resignation, retirement, termination, or death. It is the general end-of-employment notification. The deadline is at least 30 days before the cessation date, or within 30 days of the employer learning of a death.
CP22B: public-sector cessation
CP22B is the exact counterpart of CP22A for government and statutory-body employees. Same timing, same purpose, different sector.
CP22: starting employment
CP22 is the odd one out. It is filed by the employer within 30 days of a new employee joining, so LHDN knows a new taxpayer has arrived. You will have met this form when you first started, not when you leave, but it is worth knowing so you do not confuse it with CP22A.
Quick comparison
| Form | Event | Sector | Employer deadline |
|---|---|---|---|
| CP22 | New hire joins | Any | Within 30 days of joining |
| CP21 | Employee leaves Malaysia | Any | 30+ days before departure |
| CP22A | Cessation (resign/retire/terminate/death) | Private | 30+ days before, or 30 days after a death |
| CP22B | Cessation (resign/retire/terminate/death) | Public | 30+ days before, or 30 days after a death |
Which one applies to you
If you are a foreigner leaving both the job and the country, expect CP21 to carry your clearance because departure is the operative event. If you are changing employers but staying in Malaysia, CP22A is the likely route. Your employer's payroll or HR team, or their tax agent, makes the call. Your part is to give them enough notice and complete details so they file the right form on time. Details on your gross pay, PCB deductions, and statutory contributions all come off your monthly payslip, which the payroll team uses to prepare the numbers.
What Your Employer Must Do
Malaysian law puts the legal weight of tax clearance on the employer. This protects LHDN's ability to collect, and it is why your final pay is held. Knowing your employer's obligations helps you push the process along and spot when something is being missed.
The core duties
- Notify LHDN in time. File the correct form (CP21, CP22A, or CP22B) at least 30 days before your departure or last working day.
- Withhold your money. Hold back your final salary, bonus, gratuity, leave encashment, and any other sums due.
- Keep the hold. Maintain the withholding for up to 90 days, or until LHDN issues the Tax Clearance Letter, whichever comes first.
- Settle and release. Once the SPC is issued, deduct the tax LHDN confirms is owed, remit it, and pay you the balance.
Mandatory online filing
Since 1 January 2024, CP21, CP22A, and CP22B must be filed electronically through the e-SPC application on the MyTax portal at mytax.hasil.gov.my. Paper submission is no longer the standard route. CP22 for new hires uses the separate e-CP22 service. This shift means a well-run payroll team can file quickly, so slow clearance usually points to missing information rather than the system.
Employer duties at a glance
| Duty | Requirement |
|---|---|
| Notification | 30+ days before departure or cessation |
| Filing channel | e-SPC on MyTax (mandatory since Jan 2024) |
| Money withheld | Final salary, bonus, gratuity, and more |
| Hold period | Up to 90 days or until SPC issued |
| After clearance | Deduct tax owed, release balance |
What happens if the employer fails
Non-compliance is not a minor matter. An employer that fails to notify LHDN or fails to withhold can face a fine of RM200 to RM20,000, imprisonment of up to six months, or both. Worse for the company, if it releases your money without clearance and you owe tax, that unpaid tax can become the employer's own debt to the government. This is exactly why a careful employer holds firm on the 90-day rule even when you are keen to be paid and gone.
Your leverage
Because the duty is the employer's, your best move is to make compliance easy. Give early written notice of your last day and departure date, hand over a forwarding address and contact number, and confirm your tax file number. A cooperative departing employee gets cleared faster than one who disappears on their last day.
The Tax Clearance Process Step by Step
The clearance journey has a predictable shape. Here is the full sequence from the moment you decide to leave to the moment your final pay lands.
Step 1: You inform your employer
Tell HR or payroll your last working day and, if you are leaving Malaysia, your departure date. Do this in writing and as early as possible. The 30-day notification clock is theirs to start, but they cannot start it until they know your dates.
Step 2: Employer prepares the form
Payroll compiles your income and deduction figures for the year to date, including salary, bonuses, gratuity, and PCB already paid. They select CP21, CP22A, or CP22B based on your situation.
Step 3: Employer files via e-SPC
The completed form is submitted through the e-SPC application on the MyTax portal, at least 30 days before your departure or cessation. LHDN receives it and opens the clearance review.
Step 4: Employer withholds your pay
From this point your final salary and related payments are held. The hold runs for up to 90 days or until the SPC arrives.
Step 5: LHDN reviews
LHDN checks your filed returns and PCB record against the employer's figures. If everything reconciles and there are no queries, the review is quick. If a return is missing or numbers do not match, LHDN raises a query and the clock effectively pauses until it is answered.
Step 6: SPC issued
LHDN issues the Tax Clearance Letter, typically within about 10 working days of a complete, query-free submission. The letter states your final tax position.
Step 7: Settlement and release
Your employer deducts any tax the SPC confirms you owe, remits it to LHDN, and releases the remaining balance of your withheld pay to you. If the withheld amount exceeds the tax owed, you get the difference. If you had overpaid through PCB during the year, a refund may follow through your own tax account.
Timeline overview
| Stage | Typical duration |
|---|---|
| You give notice to employer | As early as possible |
| Employer files e-SPC | 30+ days before departure |
| Salary hold begins | On filing |
| LHDN review (no queries) | About 10 working days |
| SPC issued | End of review |
| Final pay released | After settlement |
The single biggest determinant of speed is whether your personal tax returns are already filed and correct. Sort those out before you resign and the rest tends to move on schedule.
Documents and Information You Need
Tax clearance is largely an employer-driven filing, but it stalls the moment a document is missing. Prepare these before your last day so nothing holds up your SPC or your money.
From you to your employer
- Your income tax reference number (tax file number), the one starting with SG or OG.
- A copy of your passport, including the photo page and any relevant entry or exit stamps.
- Your Employment Pass or work permit details.
- A confirmed last working day and, if leaving Malaysia, a departure date.
- A forwarding address and a contact number and email that will still work after you leave.
- Your Malaysian bank account details, if the balance of your pay is to be transferred there.
What the employer prepares
- The completed CP21, CP22A, or CP22B form.
- Your remuneration statement for the year to date: salary, allowances, bonus, gratuity, and benefits.
- Records of PCB and other deductions already remitted.
- Details of any compensation for loss of employment, which has its own tax treatment.
What LHDN may request
| Document | Why |
|---|---|
| Prior year tax returns | To confirm your filing history is complete |
| Employment contract | To verify income and end date |
| Passport copy | To confirm identity and departure |
| Evidence of gratuity or compensation | To assess correct tax on final payments |
File your own returns first
The most common self-inflicted delay is an unfiled personal tax return from a prior year or the current year. LHDN cannot clear you if your filing history has a gap. If you have any outstanding returns, submit them through MyTax before you resign, or at minimum flag them to your tax agent so they are handled in parallel. Keep copies of everything you hand over, because once you have left the country, chasing a document from abroad is slow.
A note on keeping records
Hold onto your final payslip, your SPC once issued, and your last EA form (the annual statement of your remuneration). These prove your income and that your Malaysian tax was settled, which matters if your home country taxes worldwide income or asks about your time abroad.
The 90-Day Salary Hold and Your Money
The part that surprises departing employees most is that their final pay does not arrive on their last day. It is held. Understanding the rule removes the panic and lets you plan your cash flow.
What the law requires
Once your employer files for clearance, they must withhold all money payable to you, salary, bonus, gratuity, leave encashment, and similar sums, and keep it on hold. The hold lasts for up to 90 days from the date LHDN receives the notification, or until the Tax Clearance Letter is issued, whichever happens first. In practice, if your returns are in order the SPC often arrives well before 90 days, and your money is released then.
Why the hold exists
The withheld money is LHDN's security. If you owe tax, it is settled from this pot before anything reaches you. The employer is personally on the hook if it releases your pay early and you leave with tax unpaid, so a diligent employer will not budge on the hold no matter how you ask.
What you actually receive
| Component | Treatment |
|---|---|
| Withheld final pay | Held up to 90 days or until SPC |
| Tax owed per SPC | Deducted and remitted by employer |
| Remaining balance | Released to you after clearance |
| PCB overpaid in the year | May be refunded via your tax account |
If the tax owed is less than the amount withheld, you receive the difference. If you overpaid through monthly PCB during the year, that overpayment is refunded separately through your own LHDN account, sometimes after you have already left, so keep your bank account open or your forwarding details current.
Plan your cash flow around it
Because your final pay can be held for weeks, do not count on it for your flight home, your last month's rent, or shipping your belongings. Keep a buffer. If you are closing your Malaysian bank account, time it so the released balance still has somewhere to land, or arrange for the transfer to reach an account you keep open abroad.
Moving the money home
When the balance is finally released, moving it across borders at a fair rate matters, because bank telegraphic transfers often bury a poor exchange rate in the fee. A specialist like Wise gives the real mid-market rate with an upfront flat fee, which on a few months of held salary can save a meaningful amount compared with a traditional bank transfer.
Getting the Letter and Releasing Your Pay
The finish line is the Tax Clearance Letter and the release of your money. Here is how the closing stretch works and how to keep it moving.
When the SPC is issued
For a complete, query-free submission, LHDN issues the Tax Clearance Letter within about 10 working days. The letter sets out your final tax position: what you owe, or that nothing is outstanding. Your employer receives it and acts on it.
How settlement works
With the SPC in hand, your employer deducts the tax LHDN says is due from the money it held, remits that tax, and pays you the balance. If nothing is owed, the full held amount is released. This is the moment your final pay actually reaches you.
If you are owed a refund
Overpaid PCB during the year can produce a refund. This is processed through your own LHDN tax account rather than through the employer's hold, and it can arrive after you have left Malaysia. Keep a bank account reachable and your MyTax contact details current so the refund is not stranded.
Keeping the process on track
- Respond to queries fast. If LHDN asks your employer for a missing return or a clarification, that pauses the clock. The quicker it is answered, the sooner the SPC issues.
- Stay reachable. Give HR a working email and phone number for after your departure. Most delays at this stage come from a departed employee who cannot be contacted for one last signature or figure.
- Confirm the release channel. Agree in advance whether the balance goes to a Malaysian account or an overseas one, and in which currency.
After you have the SPC
Keep the letter permanently. It is your proof that your Malaysian tax was settled, which can matter for your home-country tax filing, for a future Malaysian visa or job, or if any question ever arises about your time working here. Store it with your final payslip and EA form.
Closing out cleanly
Tax clearance is one thread in a wider exit. You are also cancelling your Employment Pass, which your employer handles through immigration, and possibly winding down utilities, tenancy, and bank accounts. Sequencing them so your pay still has somewhere to land, and so your pass cancellation does not lock you out of MyTax, is the difference between a clean departure and a scramble from abroad. Our work permit guide covers the immigration side of leaving. Before you go, it is also worth comparing any final financial products, closing statements, or cards you still hold with a tool like RinggitPlus so you leave nothing loose behind you.
Moving Money and Winding Down
Send your released final pay home at the real exchange rate with Wise, and compare cards and financial products before you leave with RinggitPlus.
Common Mistakes and How to Avoid Them
Most tax clearance problems are avoidable. They come from timing, missing paperwork, or assuming the process is optional. Here are the ones that catch departing foreigners most often.
Leaving it to the last week
The employer needs 30 days notice to file on time. Telling HR three days before you fly out means the form cannot be filed within the window, and your departure or your pay can be affected. Give notice the moment your plans are firm.
Assuming you can skip it
Some workers believe that if they simply leave, the matter ends. It does not. The tax file stays open, and an unresolved liability can surface if you return to Malaysia, apply for a future pass, or if your employer chases you for the tax that became its debt. Clear it properly.
Unfiled personal tax returns
The single most common delay. LHDN will not issue an SPC while a return is outstanding. Check your MyTax account for any gap, current year included, and file before you resign.
Wrong or outdated details
An old passport number, a lapsed email, or a closed bank account all stall the closing steps. Update your details with both your employer and MyTax before you go.
Expecting your final pay on your last day
The 90-day hold is law. Budget as if your final salary will be delayed, and keep a cash buffer for your flight, deposit refunds, and moving costs.
Closing your bank account too early
If your released balance or a PCB refund is meant to land in a Malaysian account, closing it first orphans the money. Keep one account open until everything has cleared.
Mistake and fix
| Mistake | Fix |
|---|---|
| Late notice to employer | Inform HR 30+ days out |
| Skipping clearance | Always complete the SPC |
| Unfiled returns | File all returns before resigning |
| Stale contact or bank details | Update employer and MyTax |
| Relying on final pay early | Keep a cash buffer |
| Closing bank account first | Keep one account open |
Getting help
If your situation is complex, gratuity, share options, a mid-year employer change, or dual residency, a licensed Malaysian tax agent is worth the fee. They can file your outstanding returns, liaise with LHDN, and speed up the SPC, which often pays for itself by getting your held salary released sooner.
Penalties and Compliance
Tax clearance is backed by real penalties, aimed mainly at employers but with knock-on effects for you. Understanding them explains why employers are strict about the process.
Penalties on the employer
An employer that fails to notify LHDN, fails to withhold your money, or otherwise breaches the clearance rules can face:
- A fine of RM200 to RM20,000, or
- Imprisonment of up to six months, or
- Both.
On top of that, if the employer releases your pay without clearance and you owe tax, the unpaid amount can become the employer's debt to the government, recoverable from the company. This is the strongest reason an employer will hold your money firmly until the SPC arrives.
What this means for you
Because the employer carries the liability, you rarely face a direct penalty for the clearance filing itself, since it is not yours to file. Your exposure is different:
- A blocked or complicated departure if clearance is not sorted, since LHDN can flag departing individuals with unsettled tax.
- An unresolved liability that follows your tax file and can resurface on a future return to Malaysia.
- Your own late-filing penalties if you had outstanding personal tax returns, which are separate from the clearance rules and are your responsibility.
Compliance summary
| Party | Obligation | Consequence of failure |
|---|---|---|
| Employer | Notify LHDN 30+ days ahead | Fine RM200 to RM20,000, jail up to 6 months |
| Employer | Withhold pay until SPC | Unpaid tax becomes employer's debt |
| Employee | File own tax returns | Late-filing penalties, blocked clearance |
| Employee | Provide accurate details | Delayed SPC, stranded final pay |
The cooperative path
Compliance is smoothest when both sides do their part. You give early, accurate notice and file your returns. The employer files the form, withholds correctly, and releases on time. When both happen, clearance is a routine 10-working-day formality rather than a months-long tangle. Treat it as the standard closing step it is meant to be, and it rarely causes trouble.
Resources and Official Contacts
Use official LHDN channels for the current forms, deadlines, and your own tax file. Third-party guides are helpful for orientation, but the MyTax portal and LHDN are the authority.
Official LHDN resources
- MyTax portal (mytax.hasil.gov.my): file returns, access e-SPC, and check your tax file. This is where employers submit CP21, CP22A, and CP22B.
- LHDN main site (www.hasil.gov.my): forms, guidelines, and the residence-status and clearance rules.
- Hasil Care Line: LHDN's contact centre for tax file and clearance queries.
- Nearest LHDN branch: for in-person help with a stuck clearance or an outstanding return.
What to do on MyTax before you leave
- Log in and confirm your tax file number and personal details.
- Check that every required return, current year included, is filed.
- Note any balance owed or refund due.
- Update your contact details and, if relevant, your bank details for refunds.
Keep these documents
- Your Tax Clearance Letter (SPC) once issued.
- Your final payslip and your EA form (annual remuneration statement).
- Copies of the returns you filed and any correspondence with LHDN.
Related guides on this site
- Malaysia income tax guide: residency, rates, reliefs, and how your annual tax is calculated.
- Payslip guide: reading PCB, EPF, SOCSO, and the deductions that feed your final settlement.
- Work permit guide: the Employment Pass side of arriving and leaving.
A final word on timing
Everything in this guide comes back to one number: the 30-day notice your employer needs. Give it early, keep your returns clean, stay reachable, and the Tax Clearance Letter and your final pay follow on a predictable schedule. Leave it late, and you risk a held salary chased from another country. As of mid-2026 these are the current rules and forms, but verify on MyTax before you act, because LHDN procedures do change.
Tax rules and LHDN procedures change. Verify current forms, thresholds, and deadlines with the Inland Revenue Board (LHDN) via the MyTax portal, and consult a licensed tax agent for your specific situation.
Sources & References
This guide is cross-referenced against primary official sources, regulatory references, and locally relevant materials.
- Lembaga Hasil Dalam Negeri (LHDN) Official Inland Revenue Board: forms, guidelines, and tax clearance rules
- MyTax Portal File returns and submit CP21, CP22A, CP22B via e-SPC
Further reading: ClearTax Malaysia: Tax Clearance Guide · JOMe Invoice: CP21 · CentralHR: CP22 · Talenox Knowledge Centre: Tax Clearance in Malaysia