Taxation of international executives
Tax returns and compliance
Termination of residence
Economic employer approach
Types of taxable compensation
Salary earned from working abroad
Taxation of investment income and capital gains
General deductions from income
Tax reimbursement methods
Calculation of estimates/prepayments/withholding
Relief for foreign taxes
General tax credits
Sample tax calculation
All information contained in this document is summarized by KPMG LLP, the Macau member firm of KPMG International, based on Law No. 21/78/M introduced in September 1978 regarding Macau Complementary Tax, personal income tax imposed under Law No. 2/78/M in February 1978, the further amendments made by Executive Order No. 267/2003 in December 2003, property tax under Law No. 19/78/M in August 1978, the further amendments based on Law No. 1/2011, and stamp duty tax imposed under Law No. 17/88/M.
When are tax returns due? That is, what is the tax return due date?
An annual return form M3/M4 is to be filed by the employer within January and February following the year of assessment. Separate returns should be made for resident and non-resident employees.
Employees with income from more than one employer also are required to file an annual return form M/5 before the end of February of the following year.
Self practitioners are required to file an annual return form M/5 before the end of February of the following year if proper books and records are not maintained, and the filing deadline is 15 April of the following year for those with proper books and records.
What is the tax year-end?
What are the compliance requirements for tax returns in Macau?
For residents and non-residents with a working permit, tax payment is made quarterly (15 January, 15 April, 15 July, and 15 October) by the employer and the filing of detail remuneration is not required. For expatriate employees, a tax return is filed monthly, 15 days after receiving the remunerations, with details of remuneration paid to individuals.
What are the current income tax rates for residents and non-residents in Macau?
Income tax table for 2016
|Taxable income bracket||Total tax on income below bracket||Tax rate on income in bracket|
|From MOP||To MOP||MOP||Percent|
Income tax payable is the higher of 5 percent of taxable income and the amount calculated using the progressive tax rates as stated earlier.
For the purposes of taxation, how is an individual defined as a resident of Macau?
There is no distinction between residents and non-residents for tax purposes. An individual is regarded as being a resident of Macau if he/she possesses an identity card issued by the Macau SAR or has a Permanent Resident Permit issued by the Macau Immigration Department. A non-resident is required to apply for a non-resident working permit in order to work in Macau.
For instructional, technical, quality control, or business supervisory service pursuant to an agreement between a foreign enterprise and a natural person or legal entity residing in Macau for the provision of certain specific and non-recurrent projects or services, a non-resident working permit is not required if the non-resident stays continuously or intermittently in Macau for work or service for a maximum of 45 days in every 6 consecutive months.
Is there, a de minimus number of days rule when it comes to residency start and end date? For example, a taxpayer can’t come back to the host country for more than 10 days after their assignment is over and they repatriate.
What if the assignee enters the country before their assignment begins?
Assignees are subject to income tax once they start working in Macau.
Are there any tax compliance requirements when leaving Macau?
When the person with a working permit starts working in Macau, he/she needs to file an M2 form.
On quitting the current employment, he/she must file a M2A form.
What if the assignee comes back for a trip after residency has terminated?
Do the immigration authorities in Macau provide information to the local taxation authorities regarding when a person enters or leaves Macau?
Will an assignee have a filing requirement in the host country after they leave the country and repatriate?
Do the taxation authorities in Macau adopt the economic employer approach1 to interpreting Article 15 of the OECD treaty? If no, are the taxation authorities in Macau considering the adoption of this interpretation of economic employer in the future?
Are there a de minimus number of days2 before the local taxation authorities will apply the economic employer approach? If yes, what is the de minimus number of days?
What categories are subject to income tax in general situations?
Are there any areas of income that are exempt from taxation in Macau? If so, please provide a general definition of these areas.
Allowances up to the maximum limit granted for civil servants include the following:
Non-monetary annual housing allowance is subject to professional tax with a taxable limit of the lower of the annual rental of the place and 15 percent of the total annual cash remuneration received by the employee.
Housing allowances provided by the employer are subject to professional tax with a non-taxable limit of MOP3,320per monthin 2017.
Rental allowance provided by the employer is subject to professional tax with non-taxable limits as follows:
Marriage allowance provided by the employer is subject to professional tax with a non-taxable limit of MOP 3,735 in 2017.
Birth allowance provided by the employer is subject to professional tax with a non-taxable limit of MOP 3,735 in 2017.
Death allowance provided by the employer is subject to professional tax with a non-taxable limit of six times monthly remuneration.
Funeral allowance provided by the employer is subject to professional tax with a non-taxable limit of MOP4,565.
Different types of transportation allowances may be provided by the employers such as the transport of remains, business trips, home trips, and expenses related to setting up an entity. These are all taxable with non-taxable limits depending on the nature of the trip as well as the origin and destination of the trip.
There is a deemed taxable value for non-cash benefits (maximum) as follows:
Are there any concessions made for expatriates in Macau?
Expatriates receive the same tax treatment as residents and non-residents with working permit.
Is salary earned from working abroad taxed in Macau? If so, how?
Whether salary earned from working abroad is taxed in Macau or not depends on the source of income. If the income is paid through Macau, it is subject to Macau professional tax; otherwise, it is subject to foreign income tax only.
Under the agreements between Macau and the PRC, Macau and Portugal and Macau, the Republic of Mozambique and The Republic of Cape Verde (in avoidance of double taxation).
Foreign-sourced salary and wages income of a Macau resident will be taxable in Macau (professional tax) where:
Otherwise, income generated in the foreign place will be taxable in that corresponding place.
Are investment income and capital gains taxed in Macau? If so, how?
Investment income (such as rental income, gain from stock option exercise and dividends) is assessed to tax in the year in which it is received.
Rental income in Macau is subject to property tax. Under the regulations, property taxes generally are levied on two categories of real estate properties. The first applies to leased properties on which the levies are based on the actual rental income at the rate of 10 percent. The second category involves properties which have not been let and are occupied by the owners, in which case taxes are levied at 6 percent on the assessable rental value. The assessable rental value is estimated by the government and revised periodically after taking into account all relevant factors and changes in the property market.
Gain from a stock option exercise is subject to income tax for both residents and non-residents.
Dividends received are subject to income tax based on the company’s income tax rate, that is zero percent (for income below MOP600,000) and 12 percent for income over MOP600,001 for the year of assessment 2016 (1 January – 31 December). Details for the year of assessment 2017 have not yet been announced.
What are the general deductions from income allowed in Macau?
For income from employment, there is a general personal deduction of 25 percent of total remuneration. For self-practitioners, expenses incurred such as personnel costs, rent, depreciation, and administrative expenses normally are deductible. Losses brought forward also are deductible if the taxpayers maintain proper books and records.
What are the tax reimbursement methods generally used by employers in Macau?
Current year gross-up is the normal method of recognizing tax reimbursements paid by the employer.
How are estimates/prepayments/withholding of tax handled in Macau? For example, Pay-As-You-Earn (PAYE), Pay-As-You-Go (PAYG), and so on.
Deductions from employment income are covered under the PAYE system.
If an individual is paid and/or employed, the employer will be required to withhold tax from their salary and wages and remit the tax to the Macau tax department.
When an individual commences employment, they will be requested to quote their Tax File Number (TFN) to their employer.
When are estimates/prepayments/withholding of tax due in Macau? For example: monthly, annually, both, and so on.
Monthly for expatriates, quarterly for Macau residents and non-residents with a working permit.
Is there any Relief for Foreign Taxes in Macau? For example, a foreign tax credit (FTC) system, double taxation treaties, and so on?
Macau has entered into double taxation treaties with Mainland China, Portugal, The Republic of Mozambique and The Republic of Cape Verde to prevent double taxation.
What are the general tax credits that may be claimed in Macau? Please list below.
This calculation3 assumes a married taxpayer resident in Macau with two children whose three-year assignment begins 1 January 2015 and ends 31 December 2017. The taxpayer’s base salary is USD100,000 and the calculation covers three years.
|Moving expense reimbursement||20,000||0||20,000|
|Interest income from non-local sources||6,000||6,000||6,000|
Exchange rate used for calculation: USD1.00 = MOP7.92.
Calculation of taxable income
|Days in Macau during year||365||365||366|
|Earned income subject to income tax|
|Net housing allowance||95,040||95,040||95,040|
|Moving expense reimbursement||158,400||0||158,400|
|Total earned income||1,354,320||1,235,520||1,354,320|
|Total taxable income||874,170
Calculation of tax liability
|Taxable income as above||874,170
|Macau tax thereon||57,275
|Domestic tax rebates (dependent spouse rebate)||0||0||0|
|Foreign tax credits||0||0||0|
|Total Macau tax||57,275
If the company provides a car to the employee, MOP500/month is calculated as the non-cash remuneration received by the employee.
1Certain tax authorities adopt an "economic employer" approach to interpreting Article 15 of the OECD model treaty which deals with the Dependent Services Article. In summary, this means that if an employee is assigned to work for an entity in the host country for a period of less than 183 days in the fiscal year (or, a calendar year of a 12-month period), the employee remains employed by the home country employer but the employee's salary and costs are recharged to the host entity, then the host country tax authority will treat the host entity as being the "economic employer" and therefore the employer for the purposes of interpreting Article 15. In this case, Article 15 relief would be denied and the employee would be subject to tax in the host country.
2For example, an employee can be physically present in the country for up to 60 days before the tax authorities will apply the ‘economic employer’ approach.
3Sample calculation generated by KPMG LLP, the Macau member firm of KPMG International, based on Law No. 21/78/M introduced in September 1978 regarding Macau Complementary Tax, personal income tax imposed under Law No. 2/78/M in February 1978, the further amendments made by Executive Order No. 267/2003 in December 2003, property tax under Law No. 19/78/M in August 1978, the further amendments based on Law No. 1/2011, and stamp duty tax imposed under Law No. 17/88/M.
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