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 RPGT on refinance property, Who should pay?

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TSowenwong84
post Jan 7 2016, 07:23 AM, updated 10y ago

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Need a little help sifu...

Cat and Ah Siong bought a condo.
Then Ah Siong want to sell off, so cat has to buy Ah Siong's portion. Cat need to refinance the property.

On the RPGT part, which one is correct?
1) Cat and Ah Siong equally pay the RPGT
or
2) Ah Siong pay all the RPGT


Assume in this case is both equally pay the RPGT
When the lawyer in the midst of preparing the S&P, there is RPGT must pay upfront based on estimate, the lawyer firm helps to submit to LHDN.
After 1 year, LHDN sent a letter stated the balance all RPGT to be borned by Cat. Ah Siong no need to pay single cent.
So there is a mistake and went back to the lawyer firm to clarify.... Cat ask for refund portion fees or redo the RPGT.
Lawyer firm doesn't want to admit the mistake. Completely wash hand by saying case has already closed.

Not a cent discount was given and going the hassle to appeal, what Cat can do?

This post has been edited by owenwong84: Jan 7 2016, 07:45 AM
Tavia88
post Jan 7 2016, 09:28 AM

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QUOTE(owenwong84 @ Jan 7 2016, 07:23 AM)
Need a little help sifu...

Cat and Ah Siong bought a condo.
Then Ah Siong want to sell off, so cat has to buy Ah Siong's portion. Cat need to refinance the property.

On the RPGT part, which one is correct?
1) Cat and Ah Siong equally pay the RPGT
or
2) Ah Siong pay all the RPGT
Assume in this case is both equally pay the RPGT
When the lawyer in the midst of preparing the S&P, there is RPGT must pay upfront based on estimate, the lawyer firm helps to submit to LHDN.
After 1 year, LHDN sent a letter stated the balance all RPGT to be borned by Cat. Ah Siong no need to pay single cent.
So there is a mistake and went back to the lawyer firm to clarify.... Cat ask for refund portion fees or redo the RPGT.
Lawyer firm doesn't want to admit the mistake. Completely wash hand by saying case has already closed. 

Not a cent discount was given and going the hassle to appeal, what Cat can do?
*
Ah siong is seller in this case so Ah Siong shall bear. Clarify with LHDN what happens. Show them the SNP.
airtawarian
post Jan 7 2016, 10:28 AM

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RPGT only applicable to Vendor(i.e. Siong). If there is negligent on the part of the solicitor handling the case, alternatively you can pursue by filing complaint against the said firm + solicitor of the said firm to the asdb
TSowenwong84
post Jan 7 2016, 05:02 PM

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QUOTE(Tavia88 @ Jan 7 2016, 09:28 AM)
Ah siong is seller in this case so Ah Siong shall bear. Clarify with LHDN what happens. Show them the SNP.
*
QUOTE(airtawarian @ Jan 7 2016, 10:28 AM)
RPGT only applicable to Vendor(i.e. Siong). If there is negligent on the part of the solicitor handling the case, alternatively you can pursue by filing complaint against the said firm + solicitor of the said firm to the asdb
*
Thanks..

Then is holyshit
The solicitor advised Cat and Ah Siong equally pay the RPGT. Cat had paid the RPGT.

airtawarian
post Jan 7 2016, 06:07 PM

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QUOTE(owenwong84 @ Jan 7 2016, 05:02 PM)
Thanks..

Then is holyshit
The solicitor advised Cat and Ah Siong equally pay the RPGT. Cat had paid the RPGT.
*
Then should demand for refund if indeed Cat paid the RPGT. You can PM me for further discussion.
shaniandras2787
post Jan 15 2016, 11:03 AM

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QUOTE(owenwong84 @ Jan 7 2016, 07:23 AM)
Need a little help sifu...

Cat and Ah Siong bought a condo.
Then Ah Siong want to sell off, so cat has to buy Ah Siong's portion. Cat need to refinance the property.

On the RPGT part, which one is correct?
1) Cat and Ah Siong equally pay the RPGT
or
2) Ah Siong pay all the RPGT
Assume in this case is both equally pay the RPGT
When the lawyer in the midst of preparing the S&P, there is RPGT must pay upfront based on estimate, the lawyer firm helps to submit to LHDN.
After 1 year, LHDN sent a letter stated the balance all RPGT to be borned by Cat. Ah Siong no need to pay single cent.
So there is a mistake and went back to the lawyer firm to clarify.... Cat ask for refund portion fees or redo the RPGT.
Lawyer firm doesn't want to admit the mistake. Completely wash hand by saying case has already closed. 

Not a cent discount was given and going the hassle to appeal, what Cat can do?
*
It is the law that RPGT are borne by the vendor solely unless agreed otherwise. So, in your case, Ah Siong is the vendor and Cat is the purchaser. All RPGT is borne by Ah Siong. The first 3% to be paid upfront shall be deducted from the deposit and any additional sum required to be paid will be from Ah Siong's own account.

You sure the contents of the LHDN expressly indicated that Cat (the purchaser) to pay the additional RPGT sum?

It seems to me there are some vital facts missing in between.
chrisw
post Feb 22 2016, 10:33 AM

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Please share the lawyer firm name
enriquelee
post Feb 23 2016, 11:27 AM

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Ask Cat go to LHDN to clarify with them?

 

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