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 2% RPGT deposit, Anyone know how to get it back?

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BEANCOUNTER
post Jun 22 2015, 11:29 AM

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they usually do direct transfer to your bank acc.
by the time you received your letter, rightfully you should have received your fund already.
lrm8888
post Jun 22 2015, 11:37 AM

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QUOTE(BEANCOUNTER @ Jun 22 2015, 11:29 AM)
they usually do direct transfer to your bank acc.
by the time you received your letter, rightfully you should have received your fund already.
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errr...you normally receive a notice 1st no? the calculation of rpgt? it give you few weeks to appeal if you disagree with the calculation...that is what happen to all my properties sold...never once i receive re-fund before letter le...your branch must be super efficient thumbup.gif thumbup.gif
BEANCOUNTER
post Jun 22 2015, 11:40 AM

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QUOTE(lrm8888 @ Jun 22 2015, 11:37 AM)
errr...you normally receive a notice 1st no? the calculation of rpgt? it give you few weeks to appeal if you disagree with the calculation...that is what happen to all my properties sold...never once i receive re-fund before letter le...your branch must be super efficient  thumbup.gif  thumbup.gif
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No lah...I was referring to the letter stating that you are cleared of rpgt from inland revenue. when they issued the letter to you, usually refund has been deposited into your account.
Laine
post Jun 22 2015, 11:44 AM

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QUOTE(lrm8888 @ Jun 22 2015, 11:27 AM)
rclxub.gif  rclxub.gif seriously? then you need to go LHDN (your file branch) personally. I sold 3 of my properties and all within 6 months...do not rely on lawyer, there only help you do filing. you need to follow up yourself
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just called LHDN branch and he told me LHDN didnt receive the 2% at all... how to refund? rclxub.gif rclxub.gif rclxub.gif
BEANCOUNTER
post Jun 22 2015, 11:47 AM

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Laine, its your negligence lioa.
usually lawyer will provide you with a copy of receipt from Inland Revenue when they paid the 2%.....
lrm8888
post Jun 22 2015, 11:59 AM

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QUOTE(Laine @ Jun 22 2015, 11:44 AM)
just called LHDN branch and he told me LHDN didnt receive the 2% at all... how to refund?  rclxub.gif  rclxub.gif  rclxub.gif
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wahhhhhh...but the lawyer deducted 2% from you already? is the lawyer firm still there? you better go see them and yes Beancounter is right there must be some proof that the lawyer deduct 2% from you....even if don't have, you just use whatever receipt you have to proof that you used their firm for your property transaction because they have to withhold the 2% no matter what then ask them what happen to the money
Laine
post Jun 22 2015, 12:34 PM

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QUOTE(lrm8888 @ Jun 22 2015, 11:59 AM)
wahhhhhh...but the lawyer deducted 2% from you already? is the lawyer firm still there? you better go see them and yes Beancounter is right there must be some proof that the lawyer deduct 2% from you....even if don't have, you just use whatever receipt you have to proof that you used their firm for your property transaction because they have to withhold the 2% no matter what then ask them what happen to the money
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yes deducted liao... the law firm still here..... but i am not in Malaysia currently. will only go back next year CNY...........

first time selling property.. dont really know the processes.... this time headache liao......
lrm8888
post Jun 22 2015, 03:50 PM

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QUOTE(Laine @ Jun 22 2015, 12:34 PM)
yes deducted liao... the law firm still here..... but i am not in Malaysia currently. will only go back next year CNY...........

first time selling property.. dont really know the processes.... this time headache liao......
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any relative that can help you?
nookie188
post Jun 22 2015, 03:56 PM

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QUOTE(Laine @ Jun 22 2015, 12:34 PM)
yes deducted liao... the law firm still here..... but i am not in Malaysia currently. will only go back next year CNY...........

first time selling property.. dont really know the processes.... this time headache liao......
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just write to them first and see what they say..

Laine
post Jul 1 2015, 03:52 PM

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QUOTE(lrm8888 @ Jun 22 2015, 03:50 PM)
any relative that can help you?
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finally settled. but a few things i find a bit weird.

1. they wanted to charge me 5% of the refund amount as admin charges. but i argued back and he took one step back to say RM50 as transport charges. rclxub.gif rclxub.gif i told him no way that i am going to pay a single cent. then he decided to waive it.

2. the refund is coming from the law firm and not LHDN. is this correct? he said the amount was just retained at their side. rclxub.gif
Laine
post Jul 1 2015, 03:55 PM

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QUOTE(BEANCOUNTER @ Jun 22 2015, 11:40 AM)
No lah...I was referring to the letter stating that you are cleared of rpgt from inland revenue. when they issued the letter to you, usually refund has been deposited into your account.
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he told me this letter was sent to me end of last year. but i didnt receive anything leh....... let alone the refund..... weird... hmm.gif hmm.gif
lrm8888
post Jul 1 2015, 04:10 PM

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QUOTE(Laine @ Jul 1 2015, 03:52 PM)
finally settled. but a few things i find a bit weird.

1. they wanted to charge me 5% of the refund amount as admin charges. but i argued back and he took one step back to say RM50 as transport charges.  rclxub.gif  rclxub.gif i told him no way that i am going to pay a single cent. then he decided to waive it.

2. the refund is coming from the law firm and not LHDN. is this correct? he said the amount was just retained at their side.  rclxub.gif
*
WTF???????????....the law firm sounds like a conman firm...good thing you fight for your rights and no the refund should come from LHDN, it can only mean one thing...the law firm did not submit the tax portion to LHDN

i can't think of any reason why the refund comes from the law firm and not from LHDN...any other member in this forum can help?
Laine
post Jul 1 2015, 04:14 PM

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QUOTE(lrm8888 @ Jul 1 2015, 04:10 PM)
WTF???????????....the law firm sounds like a conman firm...good thing you fight for your rights and no the refund should come from LHDN, it can only mean one thing...the law firm did not submit the tax portion to LHDN

i can't think of any reason why the refund comes from the law firm and not from LHDN...any other member in this forum can help?
*
let me get the cheque from them first and see the cheque is issued by who.
if its issued by them and not LHDN, then its very fishy liao.
would bar council be able to help on this? rclxub.gif rclxub.gif
Laine
post Jul 1 2015, 04:56 PM

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QUOTE(lrm8888 @ Jul 1 2015, 04:10 PM)
WTF???????????....the law firm sounds like a conman firm...good thing you fight for your rights and no the refund should come from LHDN, it can only mean one thing...the law firm did not submit the tax portion to LHDN

i can't think of any reason why the refund comes from the law firm and not from LHDN...any other member in this forum can help?
*
ok confirmed the cheque will be issued by the law firm. rclxub.gif
Tavia88
post Jul 1 2015, 09:11 PM

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QUOTE(Laine @ Jul 1 2015, 04:56 PM)
ok confirmed the cheque will be issued by the law firm.  rclxub.gif
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1) Did yr property more than 5years? Under personal name? If less than 5 years definitely need to submit the 2% to LHDN. And if yr transaction is 2015, then it shall be 3% retention.

2) Check back with yr legal firm, did they let you sign any rpgt waiver form without yr consent? Or else hw can they didnt assist you to submit the retention sum. Flash back yr SPA. Its stated clearly in the spa i guess. Did you use your own lawyer or ride on the Purchaser's lawyer?
BEANCOUNTER
post Jul 2 2015, 09:58 AM

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conman legal firm....period.....

think they just deposit your 'refund amount' in their bank and earn interest kau kau......

yes you should report this to the bar council.
Laine
post Jul 2 2015, 10:55 AM

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QUOTE(Tavia88 @ Jul 1 2015, 09:11 PM)
1) Did yr property more than 5years? Under personal name? If less than 5 years definitely need to submit the 2% to LHDN. And if yr transaction is 2015, then it shall be 3% retention.

2) Check back with yr legal firm, did they let you sign any rpgt waiver form without yr consent? Or else hw can they didnt assist you to submit the retention sum. Flash back yr SPA. Its stated clearly in the spa i guess. Did you use your own lawyer or ride on the Purchaser's lawyer?
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1) less than 5 years... sold in end of 2013....joint name property

2) cant recall they asked me to sign on any rpgt waiver form, they just asked me to submit some documents to request for waiver. let me read my SPA again... both seller and buyer used the same lawyer becoz according to the agent, the process will be "faster" this way.... hmmm.....
Laine
post Jul 2 2015, 10:57 AM

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QUOTE(BEANCOUNTER @ Jul 2 2015, 09:58 AM)
conman legal firm....period.....

think they just deposit your 'refund amount' in their bank and earn interest kau kau......

yes you should report this to the bar council.
*
will call up bar council to have a chat with them...
just too fishy this firm........
lrm8888
post Jul 2 2015, 11:08 AM

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QUOTE(Laine @ Jul 2 2015, 10:55 AM)
1) less than 5 years... sold in end of 2013....joint name property

2) cant recall they asked me to sign on any rpgt waiver form, they just asked me to submit some documents to request for waiver. let me read my SPA again... both seller and buyer used the same lawyer becoz according to the agent, the process will be "faster" this way.... hmmm.....
*
that's the thing i'm not very sure about...once you signed the waiver for rpgt, can the firm still retain your 2%? and even if they do retain the money it still need to submit to income tax no matter what...

so meaning either they retain the money or they don't...if they do then they must submit to income tax...unless my understanding is wrong
BEANCOUNTER
post Jul 2 2015, 11:43 AM

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froom my understanding, if you have signed the waiver or over 5 years withholding period, you dun need to submit the fund, just sign the form and return to inland revenue. Your legal firm usually does this for you.

if you are within 5 years or deemed to have rpgt payable, either your buyers lawyer will remit the sum and pass the receipt back to you/legal firm or your lawyer will have to remit the 2% on your behalf and pass the receipt to you.

there is NO WAY your legal firm will hold the 2% 'in trust' and waiting for response from inland revenue.

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