jady:
QUOTE(jady @ Feb 22 2011, 03:21 PM)
My problem is, form CKHT 2A suppose to sign and submitted in 60 days from S&P date. I understand that seller needs to pay 2% tax cos sell his property in less than 5 years. But infront of CKHT 2A form mentioned:
" Kenaikan cukai sebanyak 10% dikenakan sekiranya pemeroleh gagal
membayar 2% daripada jumlah nilai balasan atau kesemua wang itu
mengikut mana-mana yang lebih rendah kepada Ketua Pengarah Hasil
Dalam Negeri dalam tempoh 60 hari selepas tarikh pelupusan"
and
"CKHT 3 yang diterima daripada pelupus perlu dikemukakan bersama-sama Borang CKHT 2A dalam
tempoh 60 hari selepas tarikh pelupusan harta tanah / syer dalam syarikat harta tanah supaya
pemeroleh tidak perlu membuat bayaran 2% daripada jumlah balasan atau kesemua wang berkenaan
yang mana lebih rendah kepada Ketua Pengarah Hasil Dalam Negeri"
Permeroleh/Buyer need to pay 2% also?
In my case, CKHT form will only be submitted after 150 days from S&P date. Buyer will bear the penalty or seller? Most important is, buyer need to pay 2% also?
In lawyer's pricelist, there is CKHT inside, but lawyer said forgot to put the amount in, so I need to pay another RM350 for form 2A. Lawyer also insist I pay RM80 of land search, which I did it myself. She said by standard procedure, they need to search twice.
By the way, lawyer office totally forgot about the CKHT document until i mention about it.
As per last Saturday, I found out, S&P lawyer not yet post the original S&P agreement and other relevant info to loan lawyer.
Very sad sad situation. If I were you I'd have backed out when the search revealed that the vendor was not the registered proprietor of the property.
Anyway, the question is this - how can the current vendor [A] have the right to sell the property to you on xxx date when, at that xxx date, he was not the registered proprietor of the property?
What does your SPA say about that? Or does it mention that he is the beneficial owner of the property.
And why waste 2 months to transfer the title in favour of A when A can consent for B to execute a direct transfer to you!?
Well, to answer your questions:
Is the seller now exercising his right for the one-time exemption which he is entitled to? If he is asking for exemption, then he will execute and submit Borang CKHT 3 to you. If there is CKHT 3, then you need not retain 2% of the purchase price (from the deposit) and forward it to LHDN.
It is your solicitor's duty to retain 2% and forward it to LHDN in the event there is no CKHT 3 by the vendor. So the money is actually the vendor's,not yours. You are merely paying on his behalf.
It is your duty to make the payment to LHDN. You are the pemeroleh. If you had released the whole of the deposit (10%) to the vendor, you need to instruct the solicitor to obtain 2% from him and make the payment.
With regard to the penalty, actually the vendor (pelupus) would have to pay the penalty, but if you had negligently failed to make the 2% payment within 60 days to LHDN, then most probably the vendor will demand that you pay the penalty (if any) on his behalf.
There is no such thing as sharing lawyer. Who is your lawyer representing? You or the vendor. It's as simple as that.
If she is on record for the vendor, then you are deemed to be acting in person. And vice versa.
CKHT 2A is only RM200, not RM350. The lawyer is trying to make a quick buck out of you.
RM80 for search which you did yourself is ridiculous. Why does she have to do it twice? The second search, if any, would be done by the loan solicitor at the end.
Check when the SPA is dated. Probably it's dated only after the property has been transferred from B to A. In that case, you would be safe as it would still be within 60 days right?
Good luck
Feb 15 2011, 06:19 PM
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. I also couldn't quite understand what the lawyers were talking as I don't know all these things. Countless calls to both lawyers were made, as well as letters sent.
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