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 Lawyers Corner, A one-stop centre on lawyers and queries

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Falangkei
post Jan 31 2011, 11:19 PM

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Hi to all,

I am new here and have few question regarding the tax when performing a subsale.

1)Is it a 2% of our SPA will be charge and send to LHDN during a subsale?
2) is it a must to send the 2% to LHDN?
3) when will the 2% is charge?
4)After that property gain tax will be charging 5% on profit which is less than 5 years?

Tq for your reply.

Falangkei
post Feb 2 2011, 12:01 AM

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QUOTE(dariofoo @ Feb 1 2011, 02:30 PM)
1) 2% deposit will be withheld by the purchaser's solicitor to be remitted to LHDN unless you fill up Form CKHT 3 and select one of the exceptions
i) you have owned the property for a period of 5 years and above;
ii) you are applying for a total exemption of CKHT (one exemption in your lifetime is allowed);
iii) you are selling at a loss; OR
iv) you are disposing off the property as a gift without any consideration.

2) See above.

3) It will be withheld from the balance deposit - so assuming that the balance deposit is 8%, you will only receive 6%.

4) Basically the 2% is paid to LHDN, unless you fill up CKHT3 above, and you would also have to fill up Form CKHT1A to be submitted together.

Form CKHT1A will detail your expenditure for the property - renovations, legal fees, etc. So the 5% is nett gain (after deducting legal fees, reno,etc) and not the rough gain.

If there is any excess from the 2%, LHDN will reimburse you that excess sum later on.

Hope that clarifies things.
*
Thanks DarioFoo,

Thanks for your kind reply but i still have a few question to ask.

1) CKHT 3 means? In full name?
2) Where to Get the form of CKHT 3? Provided by Lawyer or LHDN?
3) Will the form submit to LHDN and get approval from them?
4) If let say I am selling the property in a loss within 5 years, so the result will be?
5) For submitting the CKHT1A, do i need to submit all cost for renovations, legal fees in Black and White?

Lastly, are you a lawyer?
If you are, do you mind send me a private message of your firm name, address and contact number?

Thanks

Falangkei
post Feb 7 2011, 11:44 PM

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QUOTE(dariofoo @ Feb 7 2011, 11:12 PM)

*
Hi dario..

Happy cny happy.gif and thanks for your reply..

Get more idea on this already..

Great to hear that you are working at petaling street.. So that I can visit you someday.. Perhaps one day you might in bangsar happy.gif..

Rgds


Falangkei
post Feb 15 2011, 01:43 PM

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Hi dariofoo,

How are you?? got Huat during cny?

I again have few question,

1) I got a property and it is under Cons. Now I wish to sell it, how should I do?
2) The property its in master title and I already finance it.

Rgds happy.gif

Falangkei
post Feb 15 2011, 08:12 PM

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QUOTE(dariofoo @ Feb 15 2011, 06:19 PM)
Ok lor taiko. Surviving la in this dog-eat-dog world  laugh.gif
1) Go see a lawyer and he will liase with the purchaser's lawyer to draw up an S&P for you. Doesn't matter whether property still under construction or otherwise. You can 'tumpang' the purchaser's lawyer as well.

As to the pros and cons of 'tumpang lawyer' and selecting your own lawyer, read the earlier posts in this thread as the issue has been discussed at length.  smile.gif

2) Doesn't matter. There's the Deed of Assignment (DOA) which needs to be reassigned to you once your loan has been redeemed. Then you assign it to the purchaser via a new DOA.

Bear in mind that you may be subject to a early settlement penalty by the bank. Make sure you figure out how much that cost as well. Plus RPGT/CKHT as you are disposing off the property within 5 years of purchase  sweat.gif

Do the math first ya  nod.gif


Added on February 15, 2011, 6:28 pmBy the way, POSM means Point of Sale Materials, eg leaflets, advertisements, pamphlets, brochures, miniature model of development project,etc.
*
Thanks a lot dariofoo happy.gif..

i have a clearer picture now..

*Do the Math happy.gif

Thanks

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