Initilly I sent ace77 a private PM... but then figured out it might benefit all - once and for all - We'll get back all discussions about m-city and not run off topic
http://propertyinsight.com.my/featured-art...eady-for-gst-2/QUOTE
I bought a SOHO for residential purpose, so I don’t have to pay GST on the purchase even if I decide to use it as for commercial purpose later on.
Generally GST is imposed on commercial property such as SOHO, however Royal Malaysian Customs will look into the usage of the said premises. Residential usage of the property will not attract GST.
Officially in black and white, the Customs said that SOHO is considered commercial. However you can appeal and tell them that it’s looking at the usage. So if you use for residential, it will not attract GST. If you buy a SOHO, let’s say from developers, the price includes GST already. So, therefore, even if you use it for commercial purpose later on, there’s no issue.
That means, Customs will assume SOHO is commercial, unless lawyer appeal as it's residential. If lawyer doesn't know how to do (don't be shocked that many don't) or if they don't prove, Customs will come to chase it later.
Some developers still charge 6% even if it's under schedule H in SPA (governed by HDA). So buyers 'can' use it for commercial purpose.
But then, when selling out, GST will be incurred.
Unless it's proved that it's just for residential purpose all the while, by appealing to authority - lawyer shall do it.
At first 2 lawyers also mentioned the same thing, once I brought this up and showed them what Chris Tan said and the info on Customs website, they changed their stand to 'we're not exactly sure either.'
Si Beh gao gao lat.
Another more experienced lawyer firmly said, SOHO is commercial as stated by Customs. Unless follow SPA and paperwork to show otherwise.
Previous few months lawyers could avoid by 'backdating' the SPA (to avoid GST in subsales selling). Now new cases can't anymore, getting suspicious.
So it's still relatively new to most people whether how to define soho. SOFO and SOVO confirmed kena.
That's basically what I meant in the forum. It's debatable.
p.s.: Icon City, d-Sara, Meridin (by mah siao)... afaik, these are projects consist of SOVO, sure kena 6% GST, no matter appeal or not. Buyer is paying.
Don't count on agents or sales reps to give a correct answer on this (espeically if some lawyers not even sure), they'll promise anything but it's never official. Ask ms's sales manager if you must (they have namecard to show their title), or lawyers.
I've promised princezz that I won't bash m-city no more, leave the personal thingy behind, LOL!
Just info sharing ok?
Now let's go back to m-city topic. No more this. Enuff.
This post has been edited by kyun: Oct 23 2015, 02:33 PM