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 RPTG Exemption Once In A Lifetime, Application of exemption.

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tnang
post Oct 19 2013, 03:55 PM

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QUOTE(Xccess @ Oct 19 2013, 03:08 PM)
Just sharing some info I have gotten from website.
Example of Malaysia Property Gain Tax for foreigners and Malaysians:

In March 2009 – you brought a condominium at MYR 580,000
In January 2013 – you sold at MYR 670,000
After 3 years, your gain will be MYR 90,000

You can deduct these expenses paid for the property:

Legal fees and stamp duty during purchase – MYR 12,760
Loan legal fees and stamp duty during purchase – MYR 11,800
Agency fee paid to dispose your property – MYR 11,500
Renovation costs paid – MYR 10,000
Legal fee paid during selling – MYR 1,500
Total expenses paid – MYR  47,560

Net gains on the property : MYR 42,400
Tax rate to pay will be MYR 42,400 x 10% = MYR 4,240
In actual fact, you only pay approximate 5% tax rate, not 10%.
There is no difference in Malaysia Property Gain Tax Rate for a foreign-owned property title name under individuals or companies.Malaysia Property Gain Tax for Foreigners
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Any idea interest paid can deduct from tax?
TSXccess
post Oct 19 2013, 04:00 PM

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QUOTE(tnang @ Oct 19 2013, 03:55 PM)
Any idea interest paid can deduct from tax?
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No idea, have to dig deeper. I'm still finding more information about it. Let you know if anything comes up.
aquest
post Oct 19 2013, 04:35 PM

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QUOTE(tnang @ Oct 19 2013, 03:55 PM)
Any idea interest paid can deduct from tax?
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INCOME TAX RELIEF ON INTEREST OF HOUSING LOAN
Glcotan
post Oct 19 2013, 04:57 PM


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QUOTE(aquest @ Oct 19 2013, 04:35 PM)
this tax relief is different..
aquest
post Oct 19 2013, 05:09 PM

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QUOTE(Glcotan @ Oct 19 2013, 04:57 PM)
this tax relief is different..
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then which is the correct one boss?


DrPitchard
post Oct 19 2013, 05:55 PM

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QUOTE(Xccess @ Oct 19 2013, 03:08 PM)
Just sharing some info I have gotten from website.
Example of Malaysia Property Gain Tax for foreigners and Malaysians:

In March 2009 – you brought a condominium at MYR 580,000
In January 2013 – you sold at MYR 670,000
After 3 years, your gain will be MYR 90,000

You can deduct these expenses paid for the property:

Legal fees and stamp duty during purchase – MYR 12,760
Loan legal fees and stamp duty during purchase – MYR 11,800
Agency fee paid to dispose your property – MYR 11,500
Renovation costs paid – MYR 10,000
Legal fee paid during selling – MYR 1,500
Total expenses paid – MYR  47,560

Net gains on the property : MYR 42,400
Tax rate to pay will be MYR 42,400 x 10% = MYR 4,240
In actual fact, you only pay approximate 5% tax rate, not 10%.
There is no difference in Malaysia Property Gain Tax Rate for a foreign-owned property title name under individuals or companies.Malaysia Property Gain Tax for Foreigners
*
There are 3 exemptions currently, not just the one-time exemption. The full details of all 3 exemptions are as follow:
(a) RPGT exemption on gains from the disposal of one residential property
once in a lifetime to individuals;
(b) RPGT exemption of up to RM 10,000 or 10% of the net gains,
(whichever is higher) from the disposal of real property by individuals;
and
© RPGT exemption on gains arising from the disposal of real property
between family members (e.g. husband and wife, parents and children,
and grandparents and grandchildren).

That means, if we use your example below, since the amount due in tax is only RM4,240, which is less than the RM10,000, there will be no tax for that too. In short, if your net gain is less than RM100k, you will not need to give any tax, for the time being, until this act is amended.
TSXccess
post Oct 19 2013, 05:58 PM

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QUOTE(DrPitchard @ Oct 19 2013, 05:55 PM)
There are 3 exemptions currently, not just the one-time exemption. The full details of all 3 exemptions are as follow:
(a) RPGT exemption on gains from the disposal of one residential property
once in a lifetime to individuals;
(b) RPGT exemption of up to RM 10,000 or 10% of the net gains,
(whichever is higher) from the disposal of real property by individuals;
and
© RPGT exemption on gains arising from the disposal of real property
between family members (e.g. husband and wife, parents and children,
and grandparents and grandchildren).

That means, if we use your example below, since the amount due in tax is only RM4,240, which is less than the RM10,000, there will be no tax for that too. In short, if your net gain is less than RM100k, you will not need to give any tax, for the time being, until this act is amended.
*
Thanks for adding in what I missed out. Much appreciated. smile.gif

tnang
post Oct 19 2013, 05:59 PM

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QUOTE(aquest @ Oct 19 2013, 05:09 PM)
then which is the correct one boss?
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Rpgt tax on disposal < 5 years, question is can this deduct from rpgt, as for rental, you can deduct interest paid from income tax
aquest
post Oct 19 2013, 06:36 PM

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QUOTE(tnang @ Oct 19 2013, 05:59 PM)
Rpgt tax on disposal < 5 years, question is can this deduct from rpgt, as for rental, you can deduct interest paid from income tax
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interpretation of Sch 4 of RPGT Act 1967 a.k.a. Sch 4 exemption.

generally, to determine the net capital gains, you are allowed to subtract from the gross capital gain certain expenses (don’t forget to keep the bills!) such as:
• legal fees
• sales commission incurred in selling the property (typically between 2% – 3% of the selling price)
• expenditure incurred in upgrading the property such as renovations and interior design works
• note that interest paid on housing loan is NOT exempted

wef 1 Jan 2010, the maximum allowable deduction here is RM10,000 (previously RM5,000) or 10% of the capital gain, whichever is greater.

This post has been edited by aquest: Oct 19 2013, 06:43 PM
Glcotan
post Oct 20 2013, 02:18 AM


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QUOTE(aquest @ Oct 19 2013, 05:09 PM)
then which is the correct one boss?
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this tax relief is to reduce your yearly income tax for spa sign in certain period in 2010.
relief based on interest serve for the above spa.
max 10k per year, for 3 years only
quintesson
post Oct 20 2013, 05:47 AM

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If the property is under joined names will this rpgt exemption applicable for both at the same time or just either one only?

This post has been edited by quintesson: Oct 20 2013, 05:48 AM
ManutdGiggs
post Oct 20 2013, 07:10 AM

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Best to avoid tis scenario is sell it after 5 yrs for the current ruling. drool.gif

No headache. brows.gif

Do not utilize the benefit just for the sack of using it. U won't lose athg if die without using it. For my case, I stil dun hav a chance to even think bout it. Cos I dun flip. icon_question.gif


Glcotan
post Oct 20 2013, 10:58 AM


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QUOTE(ManutdGiggs @ Oct 20 2013, 07:10 AM)
Best to avoid tis scenario is sell it after 5 yrs for the current ruling.  drool.gif

No headache.  brows.gif

Do not utilize the benefit just for the sack of using it. U won't lose athg if die without using it. For my case, I stil dun hav a chance to even think bout it. Cos I dun flip.  icon_question.gif
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So far I sold only one.. That time still green.. Too scare...
Now everytime I think of selling, I just rethink this incident.. Then no more selling intend
scongi
post Dec 26 2013, 11:28 PM

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QUOTE(aquest @ Oct 19 2013, 06:36 PM)
interpretation of Sch 4 of RPGT Act 1967 a.k.a. Sch 4 exemption.

generally, to determine the net capital gains, you are allowed to subtract from the gross capital gain certain expenses (don’t forget to keep the bills!) such as:
• legal fees
• sales commission incurred in selling the property (typically between 2% – 3% of the selling price)
• expenditure incurred in upgrading the property such as renovations and interior design works
• note that interest paid on housing loan is NOT exempted

wef 1 Jan 2010, the maximum allowable deduction here is RM10,000 (previously RM5,000) or 10% of the capital gain, whichever is greater.
*
I think the exemption of 10% is on the net chargeable gain/capital gain but not on the RPGT. In this case, the net chargeable gaini/ capital gain is RM42,400 less RM10,000 (greater of 10% on RM42,400 or RM10,000) = RM32,400. RPGT will be RM3,240 (RM32,400 x 10% for disposed in 4th year prior to 1.1.2014)
Soulheal3r
post Dec 27 2013, 08:43 AM

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QUOTE(quintesson @ Oct 20 2013, 05:47 AM)
If the property is under joined names will this rpgt exemption applicable for both at the same time or just either one only?
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This would be very interesting, if the SPA signed under joint name of two, i wonder whether both of them have to apply for the exemption or either one.
cytoh83
post Mar 18 2015, 04:53 PM

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QUOTE(Soulheal3r @ Dec 27 2013, 08:43 AM)
This would be very interesting, if the SPA signed under joint name of two, i wonder whether both of them have to apply for the exemption or either one.
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hi, anyone has the answer to his question?

1. should we avoid 2 names (husband & wife) in 1 property to enjoy once in a lifetime rgpt exemption: 1 time for husband and 1 time for wife?

2. or does the act says once in a lifetime exemption is for 1 individual (inclusive of wife/husband)?

thanks.
GangHo
post Mar 18 2015, 05:18 PM

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QUOTE(scongi @ Dec 27 2013, 12:28 AM)
I think the  exemption of 10% is on the  net chargeable gain/capital gain but not on the RPGT. In this case, the net chargeable gaini/ capital gain is RM42,400 less RM10,000 (greater of 10% on RM42,400 or RM10,000) = RM32,400. RPGT will be RM3,240 (RM32,400 x 10% for disposed in 4th year prior to 1.1.2014)
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peri peri
post Mar 24 2015, 02:18 PM

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QUOTE(quintesson @ Oct 20 2013, 05:47 AM)
If the property is under joined names will this rpgt exemption applicable for both at the same time or just either one only?
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either one.
secret recipe
post Mar 24 2015, 02:31 PM

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QUOTE(peri peri @ Mar 24 2015, 02:18 PM)
either one.
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how if we mark up the renovation cost kaw2..?
coz this so subjective
then after minus the renovation part, need no rpgt anymore
jlkh760830
post Sep 23 2017, 04:16 PM

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Hi guys ,,, maybe after 2 year post only now I ask ,,,
If I've a situation as I'm currently just collected my new residential condo unit ...

And because due to worry can't paid off the monthly installments , and plans to sell off ... am I entitled to have exemption RPTG since my property just Started for installments ?
Guys appreciated to have a professional advise ...



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