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 Income Tax Issues v2

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simplesmile
post Mar 2 2012, 12:50 AM

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I have a rental property. In 2011, the Developer issued strata title to individual purchasers. I incurred legal fees. Is this tax deductible against the rental income?
simplesmile
post Mar 2 2012, 07:06 PM

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Thank you all who replied.

QUOTE(klthor @ Mar 2 2012, 09:41 AM)
no.... but it will add into your cost of purchase, meaning RPGT will lower when u sell ur property withoin 5 years.
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QUOTE(cherroy @ Mar 2 2012, 10:33 AM)
Legal fee on strata title cannot be used as expenses for the rental income, as far as I knew.
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QUOTE(munkeyflo @ Mar 2 2012, 01:01 PM)
The only thing I deduct against the rental income is expenses for the year, i.e. repairs, maintenance of property.
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simplesmile
post Mar 9 2012, 11:18 PM

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QUOTE(wongmunkeong @ Mar 7 2012, 12:08 PM)
IMHO,
a. Personal income tax in M'sia susah nak reduce lar - it's like PURPOSELY spending $1 to save $0.26, unless the item or services really needed/used.
Thus far, to me, only SSPN & annuities makes pure monetary sense, since my EPF bombs out life insurance already.
b. I'd think having a "side income", say an agent of something or other + rental management, would be better move since we can offset certain expenses to the generation of these income.
c. Time for a change? tongue.gif this year's erection
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I know about SSPN. Unfortunately I am not eligible to contribute because I don't have a kid yet.
What about annuities? Where can I find more information about the annuities that are approved for tax relief?

This post has been edited by simplesmile: Mar 9 2012, 11:20 PM
simplesmile
post Mar 10 2012, 09:17 PM

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QUOTE(wongmunkeong @ Mar 10 2012, 08:07 AM)
There's an annuities topic/thread in this "Finance, Business and Investment House" talking about Prudential's.

Personally, i've chose to do Uni.Asia's with a long time insurance & mortgage agent of mine. Attached is my own analysis of Uni.Asia's annuity based on the data & info i got from him. Thus far, he's the most honest agent i've come across (and i've come across quite a bit tongue.gif) YET i still do my own due diligence - my $ mar, only i can care properly brows.gif

Note:
1. Unzip to Excel
2. Of course U need Excel or the likes to open. U'll need to "Analysis Toolpak" add-in installed to see the %pa compounded as i'm using XIRR function. Please edit/change your tax rate and stuff as needed to ascertain your own possibilities.
3. I'm doing as a sub-class of my total Fixed Income % (Asset Allocation) + the bit on insurance is a bonus. Your mileage may vary.

Please do not ask me for other calculations and data for Uni.Asia - i ain't an agent & only know the data variable pertaining to my age & self notworthy.gif .
If U wish, PM me and i can share my agent's contact - thus U can get the variables pertaining to yr age/self from him directly.
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Yes, I'm aware of that thread. I started that thread in 2009. Two years later and I still haven't been able to take advantage of this annuity tax relief.

Thanks for sharing. Unfortunately I use Mac and don't have Excel. I'll ask around to see if any of my friends represent UniAsia.
simplesmile
post Mar 19 2013, 11:32 PM

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Because BN already know that in 2013 election Pakatan will win and give everybody free wifi. So nobody will subscribe broadband anymore. biggrin.gif

QUOTE(ronnie @ Mar 18 2013, 11:37 PM)
From YA2013 onwards, we cannot claim RM500 broadband fee, right ?
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QUOTE(David83 @ Mar 18 2013, 11:46 PM)

I believe so since it was from 2010 to 2012.
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simplesmile
post Mar 20 2013, 11:01 AM

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Maybe the Treasury is low on cash after giving all the BR1M handouts, and various other 1Malaysia handouts. Wait for fresh cash to be paid by tax payers and Petronas, then you will get your refund.
QUOTE(lykuan82 @ Mar 20 2013, 01:52 AM)
Ya, I have not receive mine as well. I got my refund within two weeks in prior year.
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simplesmile
post Mar 20 2013, 10:36 PM

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I got my refund. thumbup.gif
I submitted my tax on 3rd March.

QUOTE(foolc @ Mar 19 2013, 09:44 PM)
anyone already received their tax refund?
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QUOTE(joseph8 @ Mar 19 2013, 10:05 PM)
mine not yet =(
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QUOTE(hcfoo @ Mar 19 2013, 11:25 PM)
Not yet too. Seems like this year a bit late?
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simplesmile
post Mar 23 2013, 11:03 AM

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Whether it's the old friends or new people, it is still the same company. And the company has an obligation to give to you the EA form whether you are current or ex-staff of the company. Go to the HR department and ask for the EA form.
QUOTE(elimi8z @ Mar 22 2013, 05:42 PM)
My basic pay per month is less then 2.5k excluding transport allowance of 600. My last commission pay was +- 30k
Without the commission pay,am i exempted from Income Tax?
I don't have any friends in that company,they had a major restructure and fired a lot of the old ppl,that was one of the reason i left
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simplesmile
post Mar 30 2013, 09:51 PM

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Calling property investors. Want to ask about taxes.
I am an employee with no business income. So I fill up form BE.

1. Assume I have 2 rental properties. Property A is making a profit of RM1,000 while Property B is making a loss of RM300. Can I offset the loss in Property B against the gain in Property A and report a net income of RM700 only?

If answer to (1) is "Yes", then consider the second scenario.

2. Assume I have 2 rental properties. Property A is making a profit of RM500 while Property B is making a loss of RM2,000. After offset the loss against the profit, I still have a net loss of RM1,500. Can I offset this against my employment income, so that my overall total chargeable income become lower?
simplesmile
post Mar 31 2013, 06:31 PM

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QUOTE(gark @ Mar 31 2013, 01:04 PM)
QUOTE(simplesmile @ Mar 30 2013, 09:51 PM)

Calling property investors. Want to ask about taxes.
I am an employee with no business income. So I fill up form BE.

1. Assume I have 2 rental properties. Property A is making a profit of RM1,000 while Property B is making a loss of RM300. Can I offset the loss in Property B against the gain in Property A and report a net income of RM700 only?

If answer to (1) is "Yes", then consider the second scenario.

2. Assume I have 2 rental properties. Property A is making a profit of RM500 while Property B is making a loss of RM2,000. After offset the loss against the profit, I still have a net loss of RM1,500. Can I offset this against my employment income, so that my overall total chargeable income become lower?
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No, rental property you are only allowed to deduct the interest portion only, so how come can loss?

Rental and employment is separate cannot offset each other.

Anything below zero cannot put negative, you declare as 0, and pay no tax for the particular item only.
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So I assume your answer to (2) is "No".
How about question (1)?

Well, how to have a loss? Imagine rent out only 3 months in a year and not enough to offset the mortgage interest. So can the loss form Property B be offset against the profit from Property A?
By the way, you stated "rental property you are only allowed to deduct the interest portion only" .... I thought can deduct maintenance fees, repairs and maintenance, quit rent, insurance, assessment etc?


simplesmile
post Mar 31 2013, 11:40 PM

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QUOTE(gark @ Mar 31 2013, 06:39 PM)
QUOTE(simplesmile @ Mar 31 2013, 06:31 PM)

can the loss form Property B be offset against the profit from Property A?
1st question depend how you want to declare, by right to declare seperarely. But this is a grey area.
Maintenace feesand sinking fees cannot deduct, repair for structure only, no renovation. Quit rent, assessment and agent fees yes.

any expert here wanna clarify.
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Yes, if there's an expert reading this please help enlighten us.

By the way, I've been deducting all the maintenance fees charged by the management company.
Also, even though the air-cond is a fixture and not structural, I've been deducting the repairs for air-cond as well.
Hope I'm not breaking the law or anything.
simplesmile
post Apr 1 2013, 01:22 AM

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QUOTE(gark @ Apr 1 2013, 12:32 AM)
For rental income calculatoins, deductibles and capital allowance please download lhdn public ruling no 4/2011

Items deductible for rental is assessment, quit rent,  interest expense, fire insurance, structure repair, expenses related to rental ie rental agent fees.

Repair of aircon, electronics, furniture, management and sinking fees are not deductuble.

Deductibles are pro rated, means if only rented for 3 months all deductibles must only count for 3 month period, the other months cannot count. Means you rent 3 months, you cannot deduct full year quit rent but 3/12 of the total. This means you cannot declare loss based on rental.

Under declaration of taxes, can be claimed back by lhdn if you are audited with penalty and interest. Please keep all reciepts and invoice for 7 years. Otherwise you candeclare back taxes and pay without penalty now.
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Which expenses to deduct from rental income?
http://www.nst.com.my/red/which-expenses-t...income-1.199281

I think I am right in deducting the maintenance fees.
I think I am right in deducting the repairs for the air-cond.
As for the hypothetical 3 months rented out in a year, the article stated that if left vacant after tenant left, then the expenses is still deductible as long as the vacancy is not more than 2 years.
simplesmile
post Apr 1 2013, 11:01 AM

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QUOTE(gark @ Apr 1 2013, 10:38 AM)
Up to you if you wanna 'massage' the law to your advantage. In the public ruling, it is stated very clearly what can be deducted. I have consulted with the tax officer before and they confirm the public ruling is the ultimate guide and to be used in the court of law in case of dispute.

Public ruling No 4/2011 article 8.2 states the items which can are deductible - it does not mention maintenance fees

QUOTE

QUOTE
Expense which is allowed a deduction from income of letting of real property charged to tax under paragraph 4(d) of the ITA is the direct expense that is wholly and exclusively incurred in the production of income under subsection 33(1) of the ITA. Examples of direct expenses which are deductible from gross income of letting of real property are as follows:
(a) Assessment and quit rent
Annual assessment paid to the local authority and quit rent paid to the land office.
(b) Interest on loan
Interest paid on loan taken to finance the purchase of real property which is rented out.
© Fire insurance premium
Fire insurance premium paid in relation to fire insurance policy taken on the real property which is rented out.
(d) Expense on rent collection
Rent collection fee and legal expense incurred to enforce rent collection.
(e) Expense on rent renewal
Expense incurred to renew tenancy or to change tenant.
(f) Expense on repair
Expense on ordinary repair to maintain the real property in its existing state.

I think the keyword in the list is "examples". This would mean the list is not exhaustive.
And I think when deciding what is deductible and not deductible, the law that "an expense wholly and exclusively incurred in the production of income" applies. My view is that as long as the spending is expense in nature, and not capital in nature, then should be allowed to deduct.

QUOTE
If you are still not satisfied, suggest you consult your lawyer.  tongue.gif
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The consultation fee can claim as deductible or not? biggrin.gif
simplesmile
post Apr 1 2013, 09:01 PM

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Thanks for all the replies.

I will seriously think about categorizing rental income as a business source when the time comes (when I have 4 properties and above). While reading the public ruling and notes, I realize there is at least one other expense I can charge easily against the rental income. thumbup.gif


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simplesmile
post Apr 12 2013, 12:35 AM

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I've always been wondering about something. A rebate, not a discount.
A discount is very clear, the net amount is the amount for tax deduction.

But what about rebate? For example, I have a rental property that I have to pay management service charges. Say, amount is RM100. If I pay in full before the due date, I would get a rebate of RM5. Next month, I get the bill for management service charges for RM100. I pay only RM95 because I already have RM5 credit to utilize.

So in this example, is my tax deductible expense RM200, or just RM195?

QUOTE(ronnie @ Apr 11 2013, 11:03 PM)
The amount to claim for Tax Relief must be nett-off any vouchers used incl BB1M

Eg.
Books & Magazines : RM300
MPH Voucher : RM100
BB1M Voucher : RM150
Cash/CC : RM50

Tax Relief : RM50 only. (NOT RM300)
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simplesmile
post Apr 12 2013, 12:32 PM

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This makes sense. Thanks. thumbup.gif
QUOTE(CKJMark @ Apr 12 2013, 08:15 AM)
A rebate of a deductible expense, technically, is a form of income.  You can claim RM200 deductible expense, but you should bring the RM5 to tax as income.  So net effect it's still the same.  The only time this would probably be a difference is if your rebate came in on January, so you would tax your rebate in the following year.  Bit if the amount is not significant, just tax it in the current year to save yourself the hassle of tracking it.
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