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 .
Thanks.
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.
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?
