Dear bro,

If you are the buyer of Infinity Tower SOFO near kelana jaya, you may receive GST claim letter from the Developer soon on the progressive payment. 6% will be charged on the balance progressive payment from bank.

For your information our S&P is signed before the GST announcement, developer got no right to claim the GST from us if there is no GST related clause stated in S&P. You may refer to the link below for more information.

http://ch.therakyatpost.com/%e8%b4%a2%e7%b...8b%e7%bc%b4gst/

Article above was written by the reputable tax consultant.

You may also download the Guideline from custom malaysia on the link below, it is also clearly stated the same thing in Page 54, Q37 & A37.

http://www.customs.gov.my/en/pg/pg_ig/Guid...%2030032015.pdf

Please share your thought here and combine all the buyer together if possible to negotiate with the developer to waive it.

Thanks.

This post has been edited by miracle80: Jul 9 2015, 11:40 AM

[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=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=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=cherroy,Jul 8 2015, 08:32 AM]
GST cannot be waived one and cannot be zero rated simply by anyone.

You cannot have a S&P to counter act the GST ruling. (like as mentioned above zero rated the GST because of contract with no opportunity to review)

Somebody must pay the GST if the GST ruling said, any progressive payment on non-GST exempted property (commercial/industrial) after 1/4/2015 is subjected to GST.

No one can overule the GST ruling.

So GST is a must, aka you cannot overule the law/existing GST ruling.

While a contract is silence on GST, it doesn't mean buyer is not subjected to GST.
Just like teacher ask the student, anyone finish their homework, the whole class silent, it doesn't mean the student finish or not finish their homework.

But on the term "no opportunity to review", then it is between purchaser and vendor already, which is another issue.
Until there is a verdict on similar case, or any specific directive or ruling from Custom department to deal with the case mentioned, we cannot assure the solution should be.

Yes we nobody can avoid paying GST, the question is only who to pay? The purchaser or the vendor? I think u should go through the Guideline from Custom to Developer which I shared in the very beginning post before u comment. Without GST clause in the S&P before GST announcement, Developer may not able transfer the GST to the buyer.

Well said. May i know where to refer for Section 9(5) and (7)?
I plan to get some advise from Tax consultant, is there any recommendation?

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