26/08/2026
LABUAN TRUTH
“I’m a foreigner.
I don’t want to set up a Sdn Bhd.
I don’t want the local director requirement.
So I’ll use Labuan.”
🚩 No. Labuan is not a shortcut.
Under Section 196(4) of the Companies Act 2016, a Malaysian private company must have at least 1 director ordinarily resident in Malaysia.
👍 A Malaysian citizen / PR generally qualifies.
👍 An expatriate may also qualify if they meet the ordinary residence requirements. Perhaps if you hold a resident pass or work permit or you married a Malaysian spouse...
So don't think:
“I'll just use Labuan to avoid this.”
And there's another issue.
If your Malaysian client pays your Labuan company, there can be tax deduction restrictions on their side:
👉 Interest — 33% not deductible
👉 Lease rental — 33% not deductible
👉 Other payments — 97% not deductible.
So imagine telling your Malaysian client:
“Pay my Labuan company.”
And they then discover that 97% of that payment may not be deductible for tax purposes.
Not exactly a comfortable conversation.
So before you say:
“Let's use Labuan.”
Ask yourself:
Is my business genuinely international ❓
Labuan can be a great structure.
But it is not a backdoor into Malaysia ‼️
Structure first.
Then incorporate.