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 Stamp Duty (Remission) (No.3) Order 2010, 50% off stamp duty for MOT/DOA & LoanDoc

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terradetey83
post Apr 13 2011, 06:54 PM

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QUOTE(dariofoo @ Feb 10 2011, 02:12 PM)
Dear friends,

Enclosed are copies of the Stamp Duty (Remission) (No.3) Order 2010 [P.U. (A) 475] and Stamp Duty (Remission) (No.2) Order 2010 [P.U. (A) 423] which came into effect from 1st January,2011. This puts into effect what was announced by our PM in his Budget 2011 speech last year.

50% remission on stamp duty payable on MOT/DOA:
[attachmentid=2035793]

50% remission on ad valorem stamp duty payable on facilities agreement
[attachmentid=2136248]
Basically, the conditions that has to be fulfilled are:

1. The property must be a residential property;

* residential property is defined as 'a house, condominium unit, an apartment or a flat built as a dwelling house'.

2. The purchase price of the property must not exceed RM350,000.00;

3. The applicant (purchaser) has not owned any other residential property;

* note that it doesn't state commercial property. As such, if you have owned any commercial units prior to your current first purchase of a residential property, you would be applicable.

4. The purchaser must be a Malaysian citizen.

* Not applicable to PRs and foreigners.

5. The Sale & Purchase Agreement is executed on/after 01.01.2011 but on/before 31.12.2012

6. The application for remission can only be made ONCE.

Hope the above info helps  nod.gif 

icon_rolleyes.gif
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Has anyone of you know whether this 50% discount applied to Joint Account holder(me and my wife shared to buy our first house) as well?

Assassin
post Apr 13 2011, 07:23 PM

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is this apply for new development property or also include purchasing from existing owner's property?
TSdariofoo
post Apr 15 2011, 10:03 AM

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QUOTE(terradetey83 @ Apr 13 2011, 06:54 PM)
Has anyone of you know whether this 50% discount applied to Joint Account holder(me and my wife shared to buy our first house) as well?
*
Yes of course nod.gif
TSdariofoo
post Apr 15 2011, 10:13 AM

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QUOTE(Assassin @ Apr 13 2011, 07:23 PM)
is this apply for new development property or also include purchasing from existing owner's property?
*
Yes it would apply for both situations nod.gif
terradetey83
post Apr 15 2011, 01:49 PM

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QUOTE(dariofoo @ Apr 15 2011, 10:03 AM)
Yes of course  nod.gif
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Thanks dariofoo....

Initially i thought only applied to individual holder only, where do you got this info from, any links to share? smile.gif
TSdariofoo
post Apr 15 2011, 03:57 PM

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QUOTE(spanishawk99 @ Apr 13 2011, 05:56 PM)
Hi , this is my first time purchasing unit RM 255k from developer tiara mutiara

the lawyer charge me 4259.81 legal fee n disbursement

this is my first time purchase a property and i heard 1st timer eligible for 50% discount for S&P/SPA and stamp duty . Since SPA is free by developer how about stamp duty?

any advise how to get discount ?
*
Got individual title or not at the moment? If got individual title only does the stamp duty apply, since you're buying from developer.

If not, when the title is out later and the MOT is sent for adjudication, your lawyer would indicate to LHDN for the 50% rebate on the stamp duty on the MOT.

For the time being, you would be entitled to 50% rebate on the ad valorem stamp duty on the facilities agreement.

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spanishawk99
post Apr 15 2011, 09:23 PM

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if not mistaken mine is strata title , so mean now i have to make full payment first then after that only get my rebate isnt it ?


TSdariofoo
post Apr 15 2011, 10:20 PM

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QUOTE(terradetey83 @ Apr 15 2011, 01:49 PM)
Thanks dariofoo....

Initially i thought only applied to individual holder only, where do you got this info from, any links to share? smile.gif
*
It's quite clear from the order itself, mate. It applies to anyone, irregardless of his/her share in the property - so if a person owns 1/5 of the property, he pays only 50% of that 1/5 share. smile.gif
TSdariofoo
post Apr 15 2011, 10:24 PM

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QUOTE(spanishawk99 @ Apr 15 2011, 09:23 PM)
if not mistaken mine is strata title , so mean now i have to make full payment first then after that only get my rebate isnt it ?
*
You mean strata title already out? That's pretty good. No when it is submitted for adjudication the option for the 50% rebate would be selected by the solicitor, so you need only bank in 50% of the estimated sum payable into the firm's client's account nod.gif
terradetey83
post Apr 15 2011, 11:48 PM

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QUOTE(dariofoo @ Apr 15 2011, 10:20 PM)
It's quite clear from the order itself, mate. It applies to anyone, irregardless of his/her share in the property - so if a person owns 1/5 of the property, he pays only 50% of that 1/5 share.  smile.gif
*
Thanks again..smile.gif

I and my wife just bought a new landed house, under-construction and it's under master title now. Cos i asked my SPA lawyer the other day, he told me he has no idea about the 50% stamping fee discount, and we might be signing the MOT 1 or 2 yrs later....make me confused also...

So, as long as got 50% discount and applied to Joint holder as well, then i can save a lot $$....hehe
TSdariofoo
post Apr 16 2011, 11:58 AM

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QUOTE(terradetey83 @ Apr 15 2011, 11:48 PM)
Cos i asked my SPA lawyer the other day, he told me he has no idea about the 50% stamping fee discount
*
doh.gif

QUOTE(terradetey83 @ Apr 15 2011, 11:48 PM)
we might be signing the MOT 1 or 2 yrs later....make me confused also...
*
That is true. Since it is still under master title and ure buying from the developer, the 50% rebate does not apply for now. Only when individual title is out, would you then execute the MOT and during that time, the 50% rebate would apply. nod.gif
terradetey83
post Apr 17 2011, 10:30 AM

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QUOTE(dariofoo @ Apr 16 2011, 11:58 AM)
doh.gif
That is true. Since it is still under master title and ure buying from the developer, the 50% rebate does not apply for now. Only when individual title is out, would you then execute the MOT and during that time, the 50% rebate would apply.  nod.gif
*
What if i bought another house now, and the MOT of my 2nd house will be executed prior to my first house, do i get the 50% discount for my 1st or 2nd house?

FYi, i already signed the loan agreement, SPA for my first house, except the MOT....
TSdariofoo
post Apr 17 2011, 11:00 AM

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QUOTE(terradetey83 @ Apr 17 2011, 10:30 AM)
What if i bought another house now, and the MOT of my 2nd house will be executed prior to my first house, do i get the 50% discount for my 1st or 2nd house?

FYi, i already signed the loan agreement, SPA for my first house, except the MOT....
*
1st property. You'd have to wait then nod.gif
terradetey83
post Apr 17 2011, 09:41 PM

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QUOTE(dariofoo @ Apr 17 2011, 11:00 AM)
1st property. You'd have to wait then  nod.gif
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hehe..thanks a lot

I dont mind to wait also, I wanted to make it for my 1st property also, cos i jz booked my 2nd property with the smaller amount compare with my 1st property...smile.gif
TSdariofoo
post May 9 2011, 04:49 PM

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QUOTE(spanishawk99 @ Apr 13 2011, 05:56 PM)
Hi , this is my first time purchasing unit RM 255k from developer tiara mutiara

the lawyer charge me 4259.81 legal fee n disbursement

this is my first time purchase a property and i heard 1st timer eligible for 50% discount for S&P/SPA and stamp duty . Since SPA is free by developer how about stamp duty?

any advise how to get discount ?
*
You would only need to pay when there's individual title issued as the stamp duty is on the MOT, not the SPA itself. Since there's no mention of it in the bill, then most probably indiv title is not out yet.

In this case, if you're taking a loan, you will be eligible for a 50% rebate on the ad valorem stamp duty on your facilities agreement.
wtm0325
post May 23 2011, 07:11 PM


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What if joint name - me (1st time owner) and my fiancee (currently owned another residential property), does that eligible too?
TSdariofoo
post May 26 2011, 12:38 PM

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QUOTE(wtm0325 @ May 23 2011, 07:11 PM)
What if joint name - me (1st time owner) and my fiancee (currently owned another residential property), does that eligible too?
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Your half-share would be eligible for the 50% rebate. icon_rolleyes.gif
wtm0325
post Jun 3 2011, 11:24 AM


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Thanks dariofoo for the great info
kochin
post Jun 10 2011, 03:37 PM

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dariofoo,
what if one makes his/her first application for this but it's not his/her first property.
i know what the law says.
but can plead ignorance? what happens when LHDN finds out?
reason asking is because the person's first property was bestowed upon by parents.
recently the person just got his/her real unit.
thanks.

TSdariofoo
post Jun 11 2011, 08:45 PM

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QUOTE(kochin @ Jun 10 2011, 03:37 PM)
dariofoo,
what if one makes his/her first application for this but it's not his/her first property.
i know what the law says.
but can plead ignorance? what happens when LHDN finds out?
reason asking is because the person's first property was bestowed upon by parents.
recently the person just got his/her real unit.
thanks.
*
Of course you can plead ignorance. But if the law catches up on you, ignorance of the law is no excuse to get off the hook. Might be penalised. Not sure how much as I've never came across a real life case before. I'm sure they treat it just like income tax evasion. nod.gif

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