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amel036yippee
post Feb 25 2016, 11:59 AM

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Hi, I have few questions about MOT:

1. Is there any specific period to settle the MOT payment?
2. For first house buyers, is it true that there is 50% discount for the MOT stamp duty amount?
3. If no. 2 is true, how to claim/clarify the 50% discount with lawyers who had given a quotation without it?
4. For shared buyers, lets say 2 names.... if one of them already bought a house, does the discount still applicable to the other ?

Hopefully someone can give answers. Really appreciate it.

amel036yippee
post Feb 25 2016, 01:15 PM

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QUOTE(shaniandras2787 @ Feb 25 2016, 12:49 PM)
1. depending on what you mean "specific period". you are required to perfect the transfer within 12 months from the date of the developer informing you that the individual title has been issued failing which a penalty may be levied against you; you are required to make full payment of the stamp duty payable on the MOT within 1 month from the assessment notice; there is also a registration penalty payable by you if you failed to present for registration the MOT within 3 months from the date of the MOT.

2. right and wrong. to entitle to such waiver, you need to fulfill 2 criterias; 1) the property was your first residential property (you cannot co-own) or even linked as a borrower; 2) the property's purchase price must be below RM500,000.00.

3. the discount is not given by the solicitors but rather the relevant stamping office. don't pay the stamp duty to the solicitors first. pay to them only once the assessment notice is extracted.

4. technically speaking, yes. the waiver will apply to the one that is entitled to the waiver.
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thank you for spending your time answering. need to understand more:

from answer for no. 1, does the penalty statement can be find in the S&P? of is it actually a general rules applied to all purchasers?

from answer for no. 2, meaning of "co-own" is cannot have two names (owners/buyers) for the property, even though the bought property is the first one for both buyers?

from answer for no. 3, assessment notice mentioned there is "cukai taksiran" right? meaning pay to solicitors after I received the assessment bill? after that, how actually the waiver will be given?

from answer for no. 4, how is that be if compared to the first criteria in answer for question no. 2?

tq.

This post has been edited by amel036yippee: Feb 25 2016, 01:37 PM
amel036yippee
post Feb 25 2016, 02:41 PM

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QUOTE(shaniandras2787 @ Feb 25 2016, 01:59 PM)
1. why "penalty" you are referring to? there are 3 penalties i mentioned in my post.

2. maybe make it simple, it does not matter in what capacity or share you are dealing in, so as long as your name appears on the Sale and Purchase Agreement/issue document of title to the Property, you will automatically be disqualified.

3. assessment notice in this sense is not to be confused with "cukai taksiran/cukai pintu". it's a specific assessment notice from LHDN. solicitors will usually forward same to their client once they have extracted same then the clients will have a period of 1 month to pay the same to the relevant stamping authority.

4. i don't understand your phrasing of your question. can you be more specific?
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1. penalty for the MOT late payment - not to the land office, but to the solicitor especially.

2. what you mean here is actually if there are to names on the Sale and Purchase Agreement/issue document of title, am I right?

3. I think they haven't receive anything from LHDN up until now, except notification letter from developer about the Property title and MOT + legal fees quotation from solicitor

4. I try, it is like this:

In earlier question no. 2, i asked about the 50% waiver... your answer was there are two criteria must fulfill to eligible, where the 1st criteria is "the property was your first residential property (you cannot co-own)".

In earlier question no. 4, i specifically gave example about 2 names for one Property (lets say ABC), where to the 1st name this Property ABC is his/her second property and for the other name the Property ABC is his/her first property. then, your answer was "technically speaking, yes. the waiver will apply to the one that is entitled to the waiver."

my point of question is.... in question 4 the property is co-own, yet the waiver still can apply to either one of the buyer (first property bought)?

amel036yippee
post Feb 25 2016, 03:07 PM

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QUOTE(shaniandras2787 @ Feb 25 2016, 02:50 PM)
1. you don't pay penalties to your solicitors.

2. meaning you are not privy to any sale and purchase agreement and your name must not be endorsed on any immovable property (whether by way of gift, will etc).

3. then legally speaking, you have 12 months time from the date of the developer's letter to perfect the transfer.

4. if i may, let me cite you a scenario:-

Abu wants to apply for the waiver so Abu needs to make sure that he has not previously bought any residential properties and Abu must also ensure that he has no other immovable properties in which he has a share in it (whether it was given by his dad etc). This means Abu must have nothing to do with any immovable properties.

If Abu bought a property with Ali then Abu is not entitled to such waiver anymore and Ali may be entitled to the waiver provided that the conditions I have given in my earlier posts has been fulfilled.
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I think I want to stop here for now. You've done a lot of answering, thank you very much and I need time to refresh my head also.... have to clear few things a bit to transfer those info.

Conclusion:

No. 1 & 2 - still blurry~
No. 3 & 4 - understood.

Thanks a lot.

 

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