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anjoilin
post Jan 22 2011, 03:43 PM

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Hi,

Can any kind soul out there advise me on the procedure for selling a property to a direct buyer?

The buyer have asked me to give him a copy of my S&P in order for him to ask his lawyer to process the paperwork. Is this the right procedure? I feel uncomortable to give my S&P to a stranger. I am first time selling so is not familiar with that.

Also, do i need to appoint own lawyer or can i just use the buyer lawyer as I have outstanding mortgage loan.

Thanks.

This post has been edited by anjoilin: Jan 22 2011, 03:45 PM
anjoilin
post Jan 31 2011, 09:44 PM

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Hi,

I am a foreigner and is on the verge of sellling my property.

My lawyer was telling me he need to withhold 2% of the selling price as tax.

Isn't it 5% on the net profit? I am shock when he told me it's 2% of the selling price as i am a foreigner.

Is this true?

Thanks for any advise.
anjoilin
post Feb 1 2011, 04:43 PM

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Hi Dario,

Thanks for the clear explanation.

I am just wondering why LHDN will want to withhold so much (2% of selling price) when end of the day we are only paying 5% of the net gain.

May i ask if the exemption clause (ii) is applicable to foreigner WHICH is one exemption in your lifetime is allowed? I doubt so right.

Lastly, when will LHDN reimburse us back the excess sum since we are paying so much more in advance to them.

Thanks.



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.
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anjoilin
post Feb 3 2011, 02:01 PM

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Hi Dario,

I was doing abit of read up on this exemption on the internet and it seems to me that this one time exemption is only applicable to citizen and PR....Wonder did i interpret wrongly?

Thanks.

QUOTE(dariofoo @ Feb 2 2011, 06:36 PM)
I've no idea,mate. Best be thankful that it wasn't 5% of the selling price, right?  smile.gif
Yes it is applicable across the board to citizens, non-citizens, PR, etc. Your doubts has been proven wrong! Rejoice!  laugh.gif
Can't say for sure. Within a few months, normally.  nod.gif
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anjoilin
post Feb 4 2011, 09:41 PM

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Hi Dario,

Thanks for the reply.

Hopefully you are able to check on behalf with LHDN just to be sure.

You are right at least we are entitled to Some exemption but it will be great to have this one time exemption too as you will never know how long it will take for them to refund us back the excess tax .

Perhaps youcan help to ask them the duration for the refund?

Thanks.



QUOTE(dariofoo @ Feb 4 2011, 02:39 PM)
Anjoilin,

Unfortunately, you're right. Section 8 read together with the Third Schedule of the RPGT Act specifically mentions citizens and PR only as being entitled to the exemption.

The previous position before the amendment effective Jan 1, 2010 was that all non-citizens/non-PR had to pay 5% tax on the gain for disposal after 5 years [if within 5 years, it was 30%].

After Jan 1, 2010, non-citizens/non-PR were exempted from paying any tax whatsoever for disposal after 5 years. They enjoyed the similar benefit given to citizens/PRs. The exemption was implemented across the board.

Unfortunately, Section 8 was not amended to include non-citizens/non-PR, which is quite unfair. Section 6 includes non-citizens/non-PRs as chargeable persons, but Section 8 does not. Whither the provision of equality before the law as stipulated in the Federal Constitution? Hmmmm..

Just to be sure, I'll buzz LHDN on Monday and find out the latest position. Perhaps I'm wrong and Section 8/Third Schedule has been amended effective Jan 1,2010 to include folks like you as well.  nod.gif

By the way, remember that in any event, you are entitled to a minimum exemption of RM10,000.00 or 10% of the gain, whichever is higher. Something, better than nothing,no?  smile.gif
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anjoilin
post Feb 8 2011, 08:16 PM

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Hi Dario,

Thanks for calling LHDN on behalf.

Guess we got no choice but to wait for the refund.

Thanks a lot.


QUOTE(dariofoo @ Feb 8 2011, 04:25 PM)
Anjoilin,

Just called up LHDN and they've confirmed that the exemption is only for citizens and PRs only. Sorry,mate!

With regard to time taken to issue refund, the lady was non-committal. She said roughly 1-2 months. From experience, I can tell you that it can even take up to 6 months. It depends on the staff and the branch who's handling your file  smile.gif
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anjoilin
post Feb 26 2011, 11:10 AM

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Hi Dario,

I am in the midst of reviewing the purchaser draft of S&P and Deed of assignment.


May i ask what is a deed of assignment?

Thanks.


anjoilin
post Feb 26 2011, 01:30 PM

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Ic.. So I guess I will need to sign it for the sales to proceed.

But why will we need to assign the rights to purchaser when the bank owns the property and also we have not execute the S&P yet?
anjoilin
post Mar 22 2011, 09:08 AM

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Hi Dario,

Hope you still remember me.. tongue.gif

I am now in the midst of reviewing the S&P for the sales of my KL property.

As you know, i am a singaporean, which mean non resident.

My lawyer was saying I need to travel to KL Jalan Datu tax department to queue for a non resident tax file no.

Is this true? Any way to apply on line?

If i will to travel to KL to apply this, can we have the tax file number on the spot? This will be great as I can also submit the tax forms on the same day and have everything done together since I will also need to travel to KL to sign the S&P in April.

Hope to have your advise on this.

Thanks.
anjoilin
post Mar 22 2011, 01:32 PM

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Thanks Dario.

Great, if i can get the tax file number on the spot I can also submit the documents at the same time too. Save me the hassle of travelling to and fro KL.

I will see if my lawyer can assist me to fill out the forms and I can bring them along to LDHN when I apply for the tax file number.

Regards.



QUOTE(dariofoo @ Mar 22 2011, 11:52 AM)
Yes, and it's Jalan Duta, not Datu.

No you can't apply online.

Yes, you'll get your tax file number on the spot.
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