[quote=miracle80,Jul 7 2015, 10:45 PM]
[quote=Priscilla Yong,Jul 7 2015, 11:23 AM]
Hi I went to Kastam & get confirmation on the issue. Apparently, different Kastam officer advise differently. However, one point is confirmed, if you're GSt registered person & sign the S&P with Ideal City longer than 2 years prior to GST implementation date 1/4/15, kindly write in to Ideal City / call them to bill you zero-rated under Sec. 187 "Contracts with no opportunity to review". Ideal City PIC argued that they have checked the page 15 clause 23 in S&P with their appointed lawyer, the laws refer construction related laws & not applicable to GST.

Yes eventhough the clause not applicable for GST, does any clause in S&P stated that we need to pay for GST?
In fact I had given my S&P to my lawyer to review, he stated that the clause in pg. 15 is protecting buyer. Thus he advise me to gather all the buyer n negotiate with the developer to waive the GST. What do you think?

[/quote]


I shall update you on my meeting outcome at Putrajaya with Customs Department's GST unit assistant director. Cheers!

I'm sorry to disagree, "no opportunity to review" is confirmed by Kastam Kelana Jaya with T&C applies. Eg S&P signed minimum 2 years before GST implementation date, both vendor & purchaser are registered person.

I don't know what you disagree about.

Also, I think little people could understand what you are trying to say with the above statement, care to elaborate more?

Whether the S&P price is inclusive or exclusive, (no opportunity to review issue) it doesn't differ that GST must incur or must be paid after 1/4/2015.

If the price is RM100k,
either developer charge 100K + 6% = Rm106K, or RM94340 + 6% = Rm100K. (if based on no opportunity to review clause)

How can purchaser request developer to issue a tax invoice with zero rated, (RM100K + 0%), when they actually deliver a standard rated item?

Hi Priscillia, hope u r well.
Is there any outcome on your meeting?

Hi Pricilla,

Any update post your meeting with custom officials.

I am one of the buyer too.Please advise

Sorry for missing the update. I went to Putrajaya GST HQ, our S&P and confirmed by them that Ideal City the developer has to bear the gst portion as the contract does not have any specific clause that GST is excluded. Also, they confirmed that the selling price is with gst embedded. I have emailed to Ideal City and informed i will not pay anything and they have no right to charge me on 6% gst on remaining portion. They reply my email saying that they are filing court jurisdiction to look into this and once the order out they will impose across all buyers. To-date i still don't hear from Ideal nor they ask for the gst.

Hi all,

May i know if anyone from SOFO projects got any exempt from GST?

answered in the past lel... didnt even look at the year before responding. nothing to see here.

There's actually a carve out for long term agreements that are entitled to be "zero rated" but the classification itself is almost impossible to meet.

Non-reviewable contract criterion:-
Span the GST appointed date
Are signed before 1 April 2013
Govern taxable supplies
Are entered into with another business

you can find the source here:-
http://www.customs.gov.my/en/pg/pg_sg/Tran...uly%202014).pdf

This post has been edited by aurora97: Jun 3 2016, 05:22 PM