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

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kochin
post Jun 11 2011, 09:48 PM

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QUOTE(dariofoo @ Jun 11 2011, 08:45 PM)
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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and what is the penalty for income tax evasion if i may ask?
the ruling really doesn't seems fair.
they should mandate it as such to be equal to rpgt exmption. to be exercised once in your lifetime kinda thingy rather than limit to first residential property.

propriete
post Jul 30 2011, 10:29 PM

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In my case, I have 2 properties, sold 1st property last year.
2nd property, I'm staying, bought in 2006 for RM 270k, now strata title out and I need to execute MOT and doing refinancing at the same time at higher price RM 400K.

Questions:
Since I have only one property now, MOT is executed within allowed period, and original purchase price is lower than RM 350K, do I qualify?
TSdariofoo
post Aug 1 2011, 11:22 AM

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QUOTE(propriete @ Jul 30 2011, 10:29 PM)
In my case, I have 2 properties, sold 1st property last year.
2nd property, I'm staying, bought in 2006 for RM 270k, now strata title out and I need to execute MOT and doing refinancing at the same time at higher price RM 400K.

Questions:
Since I have only one property now, MOT is executed within allowed period, and original purchase price is lower than RM 350K, do I qualify?
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Clause 5 states:

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

LHDN does not look at date of MOT. It is date of SPA which matters.

So, you will not qualify for the rebate.

Sorry,mate.


GaussSeidel
post Feb 7 2012, 08:58 PM

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Met my lawyer today for SPA execution and asked regarding this 50% remittance for my first house purchased <350k rm.

Funny thing, she mentioned that she is unsure whether this remittance is still available for 2012 onwards as she was informed by other colleagues it is no more available.

Anybody care to shed some light? My personal opinion it should still be available since it is explicitly mentioned that "for SPA executed on/after 1/1/11 until on/before 31/12/12".
kangwoo
post Mar 25 2012, 03:36 PM

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already submit e-borang, can i resubmit/re-isi e-borang since i forgot i entitle s&p rebate
yloon
post May 4 2012, 08:10 PM

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dariofoo,

I just SPA for my 1st house from developer. but the price is >350k.
Can I conclude that i will not get any discount for both MOT/DOA and facilities agreement.

If this is the case, can I get quickly go and get a used apartment that is below 350k and get these discounts?

thanks.

echoesian
post May 4 2012, 11:08 PM

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QUOTE(dariofoo @ Apr 15 2011, 03:57 PM)
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.

icon_rolleyes.gif
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How do we claim the 50% rebate? I have already signed the offer letter but have yet to sign the loan agreement letter.
TSdariofoo
post May 7 2012, 11:43 AM

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QUOTE(GaussSeidel @ Feb 7 2012, 08:58 PM)
Met my lawyer today for SPA execution and asked regarding this 50% remittance for my first house purchased <350k rm.

Funny thing, she mentioned that she is unsure whether this remittance is still available for 2012 onwards as she was informed by other colleagues it is no more available.

Anybody care to shed some light? My personal opinion it should still be available since it is explicitly mentioned that "for SPA executed on/after 1/1/11 until on/before 31/12/12".
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Valid for SPA executed on/before 31/12/12.
TSdariofoo
post May 7 2012, 11:45 AM

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QUOTE(yloon @ May 4 2012, 08:10 PM)
dariofoo,

I just SPA for my 1st house from developer. but the price is >350k.
Can I conclude that i will not get any discount for both MOT/DOA and facilities agreement.

If this is the case, can I get quickly go and get a used apartment that is below 350k and get these discounts?

thanks.
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You can if you can somehow date the used apartment before the date of your current SPA. The rebate is only for first house purchase only.
TSdariofoo
post May 7 2012, 11:46 AM

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QUOTE(echoesian @ May 4 2012, 11:08 PM)
How do we claim the 50% rebate? I have already signed the offer letter but have yet to sign the loan agreement letter.
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It is applied automatically. So, you only need to pay 50% of the stamp duty, not in full. icon_rolleyes.gif


echoesian
post May 7 2012, 11:58 AM

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QUOTE(dariofoo @ May 7 2012, 11:46 AM)
It is applied automatically. So, you only need to pay 50% of the stamp duty, not in full.  icon_rolleyes.gif
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I have not sign the SPA, how do they know the date of the SPA and whether the property is my first home?
TSdariofoo
post May 7 2012, 04:40 PM

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QUOTE(echoesian @ May 7 2012, 11:58 AM)
I have not sign the SPA, how do they know the date of the SPA and whether the property is my first home?
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When you send in the documents for stamping of course it will be dated. As to whether the property is your first home, you would sign an SD to state so. If they do find out later and discover that you have executed a false SD, then it is a criminal offence which you can be prosecuted against.
saiaha
post Jul 24 2012, 12:02 PM

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Hi dariofoo,
I'm in the process of signing an offer letter to buy a property <RM350k. I'm wondering if I should put two names (my wife and I) or just 1 name (either) on the SPA.

Would I be able to get the 50% discount twice (on another property) if I put one name on the SPA or does it not matter?

This post has been edited by saiaha: Jul 24 2012, 12:32 PM
steventan85
post Jul 24 2012, 01:56 PM

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recently i booked a property with my gf....

this is my 2nd property , but 1st property for my gf.

both name in SPA and loan agreement .

is she still eligible for the 50% stamp duty rebate ?

lets say RM4000 for stamp duty , is it 50% of 4000 or (4000/2 * 50% ) ?

Thanks

This post has been edited by steventan85: Jul 24 2012, 02:24 PM
TSdariofoo
post Jul 29 2012, 10:56 PM

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QUOTE(saiaha @ Jul 24 2012, 12:02 PM)
Hi dariofoo,
I'm in the process of signing an offer letter to buy a property <RM350k. I'm wondering if I should put two names (my wife and I) or just 1 name (either) on the SPA.

Would I be able to get the 50% discount twice (on another property) if I put one name on the SPA or does it not matter?
*

Can only obtain the rebate once. Even if you've purchased only half share, it still counts as a purchase.
TSdariofoo
post Jul 29 2012, 10:58 PM

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QUOTE(steventan85 @ Jul 24 2012, 01:56 PM)
recently i booked a property with my gf....

this is my 2nd property , but 1st property for my gf.

both name in SPA and loan agreement .

is she still eligible for the 50% stamp duty rebate ?

lets say RM4000 for stamp duty , is it 50% of 4000 or (4000/2 * 50% ) ?

Thanks
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It would be 50% of her half-shre, i.e. 4000/2 x 50%.
keane04
post Jul 29 2012, 11:12 PM

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Just to double confirm.

If my apartment spa executed in 2009, and mot execute this year. I am not entitled for the 50% rebate, rite ?

Do i qualify for any other rebate ? This is my first property i am talking about.
TSdariofoo
post Jul 29 2012, 11:34 PM

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QUOTE(keane04 @ Jul 29 2012, 11:12 PM)
Just to double confirm.

If my apartment spa executed in 2009, and mot execute this year. I am not entitled for the 50% rebate, rite ?

Do i qualify for any other rebate ? This is my first property i am talking about.
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What is the price of the property? If it is below RM250k then you would be entitled to 50% rebate under the remission order issued in 2008 which applies to acquisitions between 8 Sept 2007 - 31Dec 2010.

This post has been edited by dariofoo: Jul 29 2012, 11:45 PM
keane04
post Jul 30 2012, 01:32 AM

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QUOTE(dariofoo @ Jul 29 2012, 11:34 PM)
What is the price of the property? If it is below RM250k then you would be entitled to 50% rebate under the remission order issued in 2008 which applies to acquisitions between 8 Sept 2007 - 31Dec 2010.
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Mine is joint buyer at feb 2007 den in 2009, i bot the other half from my joint buyer and did refinance wif zec. Property price is 160k.

I remember i did get some discount then but i cant recall. I need to execute mot soon, do i get the discount ?

This post has been edited by keane04: Jul 30 2012, 01:33 AM
TSdariofoo
post Jul 30 2012, 10:36 AM

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QUOTE(keane04 @ Jul 30 2012, 01:32 AM)
Mine is joint buyer at feb 2007 den in 2009, i bot the other half from my joint buyer and did refinance wif zec. Property price is 160k.

I remember i did get some discount then but i cant recall. I need to execute mot soon, do i get the discount ?
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Was there a transfer by way of assignment back then? If so, you would've paid full stamp duty upon the MOT and obtained the rebate there and then itself. Now for your MOT, stamping would only be RM10.

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