basically if ur house is below 300k, then no stamp duty payable

if ur house is in the next bracket, stamp duty incurred on the first 300k (means RM1,500-00 on loan stamp duty and RM5,000-00 on MOT stamp duty) no need to pay

MOT price would be RM1,260

if house under his name only and first purchase, then MOT is FOC.

any house below 300k (SPA price) for first buyer is FOC MOT.

depends whats the cause for re-signing the MOC

is it because lawyer use wrong version of documents ?

yes its standard fee after 75% discount.

you can pay after consent obtained, or your right before your solicitor submits the MOT for adjudication.

u need to inform the lawyer it's ur first property and provided that it falls under the relevant exemptions during your SPA date.

they will prepare a surat akuan for you to sign

no such thing called 'renewing SPA'

the breakdown for MOT charges are as what you mentioned.

if you have an existing bank loan for that property, you'll need to pay for MOC as well (memorandum of charge) which is to charge / gadai the property to the bank

thus the title will have your name AND the bank's name.

have to see what was the price limit in 2013

if not mistaken SPA price must be below rm500k

lets say original SPA price from developer is 500k and the original SPA owner is A (1/2 share) & B (1/2 share).

now owner A wants to buy over owner B's half share at the price of RM300k

DOA between owner B and owner A
A has to pay stamp duty based on the purchase price of the half share, or market value of the half share, whichever higher (this is what we call 'ad valorem' stamp duty).
Assuming that the market value is only RM250k, LHDN will follow RM300k to calculate ur stamp duty payable (cos LHDN wont pass up the opportunity to collect more stamp duty)
for this example A is buying half share from B at RM300k , so the DOA will be stamped at RM5k.



now owner A has full share of the property (however for RPGT purposes there is another thing to take note of)

when title is issued few years later

A has half share as 'original owner' --> havent pay ad valorem stamp duty (1st half share)
A has half share he bought from B --> already pay ad valorem stamp duty on the DOA (2nd half share)

so when title issued, A only need to pay ad valorem stamp duty on the 1st half share (based on half share of original SPA price, which would be RM250k --> stamp duty is RM4k)
he only need to pay RM10 on the 2nd half share because he has already paid 'ad valorem' stamp duty on the DOA.

This post has been edited by hanhanhan: Oct 13 2018, 12:21 AM

POC is based on loan amount

if u use same lawyer who did your loan documents, they are bound to give u 75% discount (via the Solicitors Remuneration Order)

if u use diff lawyer, then they only bound to give 50%.

yes.

owner B owns half share on this house.

so the next house he buy wont be 'first house' anymore.

several conditions must be met

1. first time homebuyer (ur name cannot appear on any other property even if u didnt 'buy' it)
2. spa price below 1mil
3. spa date must be between 1.1.2019 - 30.6.2019

only stamp duty waived. u still need pay legal fees n disbursements to ur lawyer.

need to apply. lawyer will do for u.

dont need to pay & claim back. once approve then no need pay.

no waiver and no discount for stamp duty.

stamp duty on MOT only pay upon title issuance.

once title issued, then the lawyer will give u bill for the stamp duty on MOT, together with legal fees and disbursements to do the title transfer in the future.

are they supposed to give? its entirely up to them.

no. you're no longer a first house buyer.

download from here

loan - pg 6. effective only from 1jul2019 onwards

spa - pg 48-54. 'instrument of transfer' means MOT.

below 300k - can be subsale/ developer
below 1mil - must be from developer. any residential project.

if your SPA is under schedule H of the HDA then can get.

yes, need to use the Surat Akuan that LHDN issued.

however whether 'service apartment' can get the waiver is a different story.

LHDN may term 'service apartment' as those hotel / managed by hotel or property managing agent.

recently most 'condos' are technically serviced apartments (especially those with commercial elements below the 'condo') if you check the development order, however they are sold as 'serviced apartments' but for private dwelling.

TL:DR - ask ur lawyer to let u sign that Surat Akuan and ask them to check with LHDN if the application for waiver kena rejected.