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 RPGT for property disposed >1year, Can it be 0% if no profit made???

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ManutdGiggs
post Apr 5 2014, 03:10 PM

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Out of topic started at 12:13pm. Close closed.

oopsi soli to all. Out of topic. Soli TS.


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gunh
post Apr 5 2014, 04:13 PM

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QUOTE(Showtime747 @ Apr 5 2014, 01:17 PM)
Bro,

The article actually reinforce my interpretation of Sec 25(2). I have highlighted the essence of anti-avoidance provision above. In what way do you think the article contradict my interpretation  rclxub.gif
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The article itself explained why there is clause25 and how it works. Not based on what essence which u have highlighted. Clause 25 have to be read in full and not interpreted part by part like what you have said. If u read again the clause and the article, you will find clause 25(1) ,25(2), and 25(3) are inter relate.

i have explained and shared enough. if you still want to maintain your believing, then i cannot stop you. But i will not changed mine.

Showtime747
post Apr 5 2014, 04:20 PM

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QUOTE(gunh @ Apr 5 2014, 04:13 PM)
The article itself explained why there is clause25 and how it works.  Not based on what essence which u have highlighted.  Clause 25 have to be read in full and not interpreted part by part like what you have said. If u read again the clause and the article, you will find clause 25(1) ,25(2), and 25(3) are inter relate. 

i have explained and shared enough. if you still want to maintain your believing, then i cannot stop you. But i will not changed mine.
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Bro, inter related or not is not the question. That is technical. The question is we can't simply understate the disposal price for RPGT. LHDN can go after you if you have overdone.


AppreciativeMan
post Apr 5 2014, 04:24 PM

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QUOTE(gunh @ Apr 5 2014, 10:14 AM)
I'm not sure where you got your information substantiate from.  I can even sell the house at Rm1 to someone I like and draft the S&P and get it legalised.  What make you say I cannot sell the house below market price and Tax dept will come after me?  I guess you are the one that should go to speak to your lawyer.  You are indeed giving misleading information here.
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Since when i say cannot sell below market price?? doh.gif doh.gif
AppreciativeMan
post Apr 5 2014, 04:27 PM

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QUOTE(gunh @ Apr 5 2014, 11:51 AM)
Let say what you say is correct, 25(1) has not relation with 25(2), but in 25(2) which sentence specifically mentioned if we sell the asset below market value, LHDN will come after us?
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LHDN "MAY" come after, not "WILL"! doh.gif doh.gif

I do agree hardly ppl will do such act or challenging the authority..... but if there is such an act taken, u mean the authority got no rights to take any action against both party, jus because both party already signed SPA at an agree price of RM1??

This post has been edited by AppreciativeMan: Apr 5 2014, 04:37 PM
gunh
post Apr 5 2014, 06:33 PM

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QUOTE(AppreciativeMan @ Apr 5 2014, 04:24 PM)
Since when i say cannot sell below market price??  doh.gif  doh.gif
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I've made my point. If you read it positively then thats good. But you can always choose to read it negatively.
AppreciativeMan
post Apr 5 2014, 08:08 PM

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QUOTE(gunh @ Apr 5 2014, 06:33 PM)
I've made my point.  If you read it positively then thats good.  But you can always choose to read it negatively.
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You hav yet to make it clear..... And u r the who read my point negatively.....

QUOTE
I do agree hardly ppl will do such act or challenging the authority..... but if there is such an act taken, u mean the authority got no rights to take any action against both party, jus because both party already signed SPA at an agree price of RM1??
No answer to the above question?
gunh
post Apr 5 2014, 08:57 PM

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QUOTE(AppreciativeMan @ Apr 5 2014, 08:08 PM)
You hav yet to make it clear..... And u r the who read my point negatively.....


Is not up to you or me to say who read who negatively.

QUOTE
No answer to the above question?
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In legally binding contract, there must be an condition or you called it an offer and an acceptance. The RM1 is just an example. When someone made an offer, and another guy accepted it then the transaction will valid as the condition of an legal agreement is met.





QUOTE
I'll repeat.....
If prop bought at 400k.....
Now sold or transact at 300k......
Market valuation is at 700k......
Tax dept MAY NOT accept the 300k the transaction price for calculation of the RPGT..... They may hav or determine the 700k as market value for calculating the RPGT......
So does it consider they hav their own valuation?
sweat.gif sweat.gif sweat.gif


this sentence is refer to your post above. "What make you say I cannot sell the house below market price and Tax dept will come after me?"
You may want to argue the word "MAY" and I have use "WILL". Ok, that's my mistake, but the point is noted here and by reading the post as whole and not few words.


SUSUFO-ET
post Apr 5 2014, 09:10 PM

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QUOTE(tikaram @ Apr 5 2014, 12:13 PM)
Everyone pls be wise on some people info and advise. Especially on financial

some ppl just like to use name calling and attacking.
https://forum.lowyat.net/topic/3182390/+100
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Dun cry like a baby, enuf
SUStikaram
post Apr 5 2014, 09:12 PM

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QUOTE(UFO-ET @ Apr 5 2014, 10:10 PM)
Dun cry like a baby, enuf
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Out of topic...pls go away. Agent!
SUSUFO-ET
post Apr 5 2014, 09:16 PM

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QUOTE(tikaram @ Apr 5 2014, 09:12 PM)
Out of topic...pls go away. Agent!
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Who do you think you are? Funny
Cry somewhere else lah, kid
SUStikaram
post Apr 5 2014, 09:31 PM

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QUOTE(UFO-ET @ Apr 5 2014, 10:16 PM)
Who do you think you are? Funny
Cry somewhere else lah, kid
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Another so call investor club taikor doing attacking.
SUSUFO-ET
post Apr 5 2014, 10:03 PM

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QUOTE(tikaram @ Apr 5 2014, 09:31 PM)
Another so call investor club taikor doing attacking.
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Then I say sorry lor, dun cry ha
edyek
post Apr 5 2014, 10:31 PM

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QUOTE(tikaram @ Apr 5 2014, 09:31 PM)
Another so call investor club taikor doing attacking.
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Boss tikaram @ banana is super food, if no comment/advice/fact on the Topic at hand... DIAM DIAM lar...

Like your saying... Dont waste space...
ManutdGiggs
post Apr 5 2014, 10:33 PM

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QUOTE(edyek @ Apr 5 2014, 10:31 PM)
Boss tikaram @ banana is super food, if no comment/advice/fact on the Topic at hand... DIAM DIAM lar...

Like your saying... Dont waste space...
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Wah I like tis one. thumbup.gif

Just like how rakyats ask naj1s to DIAM LAR. wink.gif
AppreciativeMan
post Apr 5 2014, 11:11 PM

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QUOTE(gunh @ Apr 5 2014, 08:57 PM)
Is not up to you or me to say who read who negatively. 
In legally binding contract, there must be an condition or you called it an offer and an acceptance.  The RM1 is just an example.  When someone made an offer, and another guy accepted it then the transaction will valid as the condition of an legal agreement is met. 
this sentence is refer to your post above. "What make you say I cannot sell the house below market price and Tax dept will come after me?"
You may want to argue the word "MAY" and I have use "WILL".  Ok, that's my mistake, but the point is noted here and by reading the post as whole and not few words.
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I hav never mention doubt abt legality of the contract or SPA.....

I mention..... LHDN reserve their rights to challenge the "under declare" transaction price... They come after their "income" not against the legality of transaction....

So the simple question "DO LHDN HAVE RIGHTS TO QUIRES YOUR TRANSACTED PRICE IF ITS WAY BELOW MARKET VALUE?".........A simple "YES" or "NO"....... u hav yet to answer this question after your challenging statement stating i provide misleading info....
AppreciativeMan
post Apr 5 2014, 11:13 PM

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QUOTE(tikaram @ Apr 5 2014, 09:31 PM)
Another so call investor club taikor doing attacking.
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Worst then a CRY BABY..... doh.gif doh.gif doh.gif
edyek
post Apr 5 2014, 11:18 PM

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QUOTE(AppreciativeMan @ Apr 5 2014, 11:11 PM)
I hav never mention doubt abt legality of the contract or SPA.....

I mention..... LHDN reserve their rights to challenge the "under declare" transaction price... They come after their "income" not against the legality of transaction....

So the simple question "DO LHDN HAVE RIGHTS TO QUIRES YOUR TRANSACTED PRICE IF ITS WAY BELOW MARKET VALUE?".........A simple "YES" or "NO"....... u hav yet to answer this question after your challenging statement stating i provide misleading info....
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Chill boss.. biggrin.gif I think there is a misunderstanding here... You are right about the right to query, and gunh is right about the contract.

So both of your info is not wrong... icon_rolleyes.gif
AppreciativeMan
post Apr 5 2014, 11:31 PM

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QUOTE(edyek @ Apr 5 2014, 11:18 PM)
Chill boss..  biggrin.gif  I think there is a misunderstanding here... You are right about the right to query, and gunh is right about the contract.

So both of your info is not wrong...  icon_rolleyes.gif
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I'm still cool.... icon_rolleyes.gif
I dont challenge something I'm not 100% sure.... nor i'll provide info where i'm not sure..... if not sure then use words like, "maybe", "i think" and etc lor..... Dont use so firm words like, "will", "cannot" and etc
RPGT is something i was trying to work around it 2-3 yrs back.... I think i hav gathered sufficient info to kno wat is my risk, wat are their rights, pro & con and etc..... wink.gif wink.gif
A simple logic, if the authority MUST accept whatever we stated in SPA transacted price, i think there will be lots of ppl already underdeclare the transacting price to avoid RPGT..... They wants their income, u still can keep your SPA transacted price....
icon_rolleyes.gif

This post has been edited by AppreciativeMan: Apr 5 2014, 11:38 PM
bearbearwong
post Apr 6 2014, 12:57 AM

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QUOTE(gunh @ Apr 5 2014, 04:13 PM)
The article itself explained why there is clause25 and how it works.  Not based on what essence which u have highlighted.  Clause 25 have to be read in full and not interpreted part by part like what you have said. If u read again the clause and the article, you will find clause 25(1) ,25(2), and 25(3) are inter relate. 

i have explained and shared enough. if you still want to maintain your believing, then i cannot stop you. But i will not changed mine.
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Walao argue to this level.. refer to hansard.. see parliament intention lahh.. we copy cat uk wat..

at the end any form arguements remain as it is.. courts and government will interpret so far to suit their needs.. more revenues for gov are never a wrong..

This post has been edited by bearbearwong: Apr 6 2014, 01:02 AM

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