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Financial Possible way to reduce RPGT, By marking up SPA?

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TSkbandito
post Apr 27 2010, 08:14 PM, updated 16y ago

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QUOTE
The first Schedule of the Solicitors Remuneration Order 1991 sets out the fees based on the purchase price of the property as follows:-

1.5% on the first RM150,000
0.7% on the next RM4,900,000
0.25% on the remainder

For the schedule for legal fees it is advisable to consult your lawyers for the present calculation of the legal fees.


All transfer of property is subject to Government Stamp Duty. Rate of Stamp Duty is based on the value of property.

1% on the first RM100,000
2% on the next RM400,000
3% on the next RM1,500,000

For the schedule for stamp duty it is advisable to consult your lawyers for the present calculation.
I am thinking on a possible loophole in avoiding RPGT.

Example,
I buy a property at RM240k, sell it after 3 years for RM300k. Under RPGT, I am required to pay RM60k x 5% = RM3,000

If I marked up the SPA price at the point of purchase to RM300k. My extra cost is RM420(RM60k x 0.7%) + RM1,200(RM60k x 2%) =RM1,620.
I effectively reduce the RPGT to 2.7%.

However this is constrained to several assumptions like selling the prop within 5 years, prop appreciates at the rate of the markup margin, etc.

If this is a viable option, is there any chance for the government to ban SPA markup?
Pai
post Apr 27 2010, 08:39 PM

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Yes it is possible if you can get vendor to agree.... tongue.gif
TSkbandito
post Apr 27 2010, 08:59 PM

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Yes, if you are buying from non-investor property owner the chances are high.

I am worrying on the possibility for the government to regulate on the marking up SPA activities.
cheahcw2003
post Apr 27 2010, 09:46 PM

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willing buyer willing seller, if both party agreed on a price, govt cant do anything. But if u markup so high, u may not get the % of loan u desire, bank will based on the certified valuer's value indication, not the SPA price if they find the price unreasonable.
TSkbandito
post Apr 27 2010, 10:00 PM

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Take back the first example, if I am to buy at RM240k, SPA at RM300k.
I apply for 75-80% loan, bank will still happily borrow to me if the valuation from valuer stands that RM240k+/-.
Bank doesn't care how expensive you bought that house, bank cares how much you want to borrow for the prop based on their valuation. Even if you buy a RM240k appraised prop at RM500k but you are only borrowing RM200k, bank will still happily borrow money to you.
cheahcw2003
post Apr 28 2010, 12:19 PM

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QUOTE(kbandito @ Apr 27 2010, 10:00 PM)
Take back the first example, if I am to buy at RM240k, SPA at RM300k.
I apply for 75-80% loan, bank will still happily borrow to me if the valuation from valuer stands that RM240k+/-.
Bank doesn't care how expensive you bought that house, bank cares how much you want to borrow for the prop based on their valuation. Even if you buy a RM240k appraised prop at RM500k but you are only borrowing RM200k, bank will still happily borrow money to you.
*
willing buyer willing seller, willing banker, no issue here
redsapphire
post Apr 28 2010, 05:03 PM

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if your vendor is holding this property less than 5 year, by marking the SPA's price to 300k (say maybe he bought it for 220k 3 years ago), that means you're effectively passing the RPGT to your vendor, as he'll be paying 5% of 80k (=4k) instead of 20k (=1k).

if your vendor doesn't mind paying more RPGT than he's supposed to then this is a workable deal, but if he wants you to pay the excess RPGT you got him into then this doesn't look like really look that viable does it?
TSkbandito
post Apr 28 2010, 05:12 PM

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That's why I said with assumption the seller is non-investor type, not a
flipper.
simplicio
post Apr 29 2010, 02:22 AM

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Lawyer fee also kena more mah....
RPGT got allownece mah....you can put in reno cost, agent fee, lawyer fee , etc......

Pay lah abit....no need to pusing so hard lah....
( Lembu boleh beli , Tali tak mau beli )

my dua cents.


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