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 Gst issue for selling off commercial property

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shaniandras2787
post Jun 30 2016, 12:04 PM

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hmmm.. the rest of the "conditions" to register is "quite clear" but one remains a mystery.

about the company's annual income threshold thing. the general rule is that a company need to be registered as a GST payer if its annual income is > RM500k but if within a period of twelve months, the company sells a real estate and effectively pumps its annual income to more than RM500k then the company shall register as a GST payer in contemplation of that sale.

and then this brings another distinction. "income" means the money generated from the object of the company.

if it's a real property company then it's quite clear BUT what happens if the object of the company is not a real property company and rather focus trading? can the sale of the real estate still be considered as "income"?
shaniandras2787
post Jul 1 2016, 11:03 AM

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QUOTE(wangsalam @ Jun 30 2016, 02:08 PM)
The input tax can only be claimed back after the commercial property is disposed ?
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Yes, you can only claim it back when you SELL the Property and nothing else. Some real estate agents misinformed their clients that even GST pay during tenancy can be claimed back. This is false.

So as long as you still enjoy the Property, your GST stays with the government but then again, it will take eons before your claim will be given back to you and this is provided that your intended purchaser pays the GST which most probably not.

QUOTE(wangsalam @ Jun 30 2016, 02:11 PM)
Any simply explained book on gst with respect to dealing with commercial property available in the market ?
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I would advise against reading such books right now because at the moment, the government doesn't even have an ultimatum as to how GST is to be imposed. It changes almost every 6 months.

Reading this books will give you an impression that what you read is the trite law but it may not be true 6 months later.

Following up with the customs time to time is the better option.
shaniandras2787
post Jul 22 2016, 09:52 AM

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QUOTE(jenm @ Jul 7 2016, 11:07 AM)
My understanding is that Sole Proprietorship IS NOT ELIGIBLE TO OWN ANY PROPERTY under NLC so the question of GST DO NOT ARISE here.
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o_O? ehhhhhhhhh........ sole proprietorship is the individual so technically speaking a "sole proprietorship" can own a property.
shaniandras2787
post Jul 22 2016, 04:20 PM

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QUOTE(jenm @ Jul 22 2016, 01:39 PM)
Oh..when I say Sole Proprietorship means it is registered under ROB but not AN INDIVIDUAL per se..  biggrin.gif
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o.<b

 

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