The private-investor position
HASiL’s updated guidance excludes non-revenue digital-currency capital gains from CGT. It distinguishes active trading from investment by the badges of trade. A short holding period is one relevant fact, not a statutory rate switch or guaranteed exemption.
Income, mining and losses
The Finance Ministry confirms that crypto trading, mining and exchange business income fall within the Income Tax Act. Payment in tokens does not remove the underlying income category. The crypto guidelines allow qualifying trading expenses and losses; private investment losses should not be assumed deductible against salary.
Foreign-source income: a separate conditional concession
HASiL’s foreign-income guidance covers resident individuals’ qualifying non-partnership foreign income received in Malaysia. Its foreign-tax condition has specified exceptions, including certain no-tax systems and incentives. The gazetted 2024 amendment extends the end date from 2026 to 31 December 2036, with the amendment commencing on 1 January 2027. This does not convert Malaysian business activity into foreign income.
Residence and evidence
Section 7 includes a 182-day route, linked consecutive-period rules and specified multi-year alternatives. Keep day counts and the basis for any alternative test. Immigration permission and a Malaysian bank account do not themselves establish tax residence or end UK residence.