[quote=miracle80,Jul 5 2015, 08:06 PM]
[quote=Kevin Chan,Jul 5 2015, 06:28 PM]
[attachmentid=4549421]

sentence look quite clear that any portion after GST is subject to GST for commercial title development.

It is depends on the S&P bro, If there is no GST clause in S&P,developer have no right to transfer the GST to the buyer

[/quote]


Hi, i do agree above clause quoted is correct & applicable generally for commercial property with clear spelled gst provision or those in effect after 1/4/15. However, ours is transitional project hence we should be governed by what is written in S&P. First of all, there's no clause, provision or any fine print that mention about GST. Addition to that, please refer S&P page 15 "New Laws Affecting The Project" which reads that we are not liable to additional fees, charges or taxes in the event of new law / amendment of existing law imposed. Besides that most of their marketing gimmick in general property sites advertised "GST absorbed by developer". What's more is that Kastam Ruling Q&A 33 did specific answer on this assuming that silence on gst provision, price is assumed inclusive gst. Ideal City has no right to amend s&p as claimed in attched memo and include the provision of gst to make us liable to pay for it. What we need to do is bring the matter to Kastam GST department for further confirmation with their tax invoices, memo & our s&p. Each individual purchaser should make an effort to clarify with Kastam & assert Ideal City to absorb the remaining progressive GST.

This post has been edited by Priscilla Yong: Jul 5 2015, 11:25 PM


Attached thumbnail(s)

[quote=miracle80,Jul 6 2015, 09:47 PM]
[quote=Priscilla Yong,Jul 5 2015, 10:57 PM]
Hi, i do agree above clause quoted is correct & applicable generally for commercial property with clear spelled gst provision or those in effect after 1/4/15. However, ours is transitional project hence we should be governed by what is written in S&P. First of all, there's no clause, provision or any fine print that mention about GST. Addition to that, please refer S&P page 15 "New Laws Affecting The Project" which reads that we are not liable to additional fees, charges or taxes in the event of new law / amendment of existing law imposed. Besides that most of their marketing gimmick in general property sites advertised "GST absorbed by developer". What's more is that Kastam Ruling Q&A 33 did specific answer on this assuming that silence on gst provision, price is assumed inclusive gst. Ideal City has no right to amend s&p as claimed in attched memo and include the provision of gst to make us liable to pay for it. What we need to do is bring the matter to Kastam GST department for further confirmation with their tax invoices, memo & our s&p. Each individual purchaser should make an effort to clarify with Kastam & assert Ideal City to absorb the remaining progressive GST.

Hi priscillia, kindly PM me your contact no, I plan to form a chatgroup to discuss further on our next course of action, tq

[/quote]


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.

In my case, Kastam Kelana Jaya advised that weather the clause of S&P mention GST or not, purchaser has to pay. This is their general implication.
However, i receive an email for Kastam Putrajaya (HQ) replying me in original wording "Since the agreement is silent on GST matters, then the selling price as stated in the agreement is inclusive of GST". Also, they actually initiated for round table discussion with developer. Yet, the representative from Ideal City turn down on the ground that they can't be entertaining each and every purchaser request for such meeting. They informed will personally get Court decision with their lawyer. It's up to you guys whether to wait & see or make some effort to pursue the grey area.

[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.

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.