Hi everyone,

Last year, I sold my apartment and my lawyer told me that she has submitted the RPTG form to LHDN. (Via a copy of letter from them to LHDN stating that they have sent the form via courier service). I have since then, move to another condo and was waiting for a letter of notification to say that my RPTG is waived (Since my apartment is 7 years old, counting from S&P date).

However, to my surprise, I received a court notification letter to say that I owe LHDN some 40K for the sale of my apartment and that because I did not pay them in time (Of course, the earlier letter was sent to my old apartment which I have sold!), a court case has been brought against me and I will be barred from leaving the country until I paid the tax & the summon.

Any lawyers can advise me what had possibly happened and how can I rectify this. Appreciate any kind advice.

What could advice is contact your lawyer if they face such issue with other clients.

Secondly, cintact lhdn on Monday and explain the problem of not receiving the letter AFTER your lawyer advices you if you might wrongly explain to them.

Firstly, your RPGT forms are to be filed/submitted at your home branch. Check the letter enclosing the RPGT forms and see if the address is right.

Secondly, RPGT forms MUST be filed/submitted within 60 days from the date of the Sale and Purchase Agreement. Did the branch received the forms within that period? If not then most likely you will be charged 10% from the gains tax as penalty.

Thirdly, usually LHDN will send the notice to the seller (ie you) and a copy of the notification to your solicitors as well, in which your solicitors then should notify you "JUST IN CASE" you miss it.

Since a summon has been filed against you, please attend to the first hearing and see what is the charge. Usually, matters like this can be settled on the first day. You will be given an option to pay or dispute the claims. If you dispute, you will be given time (next date) to file your defense OR if you admit to LHDN claim then a consent judgement will be entered against you.

Alternatively, called up the relevant office which issues the letter. Make an appointment with them and settle the matter amicably at their office. If both parties are in mutual agreement, LHDN can withdraw the summon and everyone can go back doing what they want to do.

Good luck.

contact your lawyer for fast resolve. u got all the record. no worry