For the property i am buying now,

Qualified valuer appointed by bank valued my property at 615k

Then for MOT stamp duty fee, LHDN values at 700k

Is LHDN valuation FINAL decision, or is there any channel to dispute by showing the independent valuation report ?

This post has been edited by bg12: Feb 2 2017, 01:33 PM

Govt exhausted DUIT now a day !!!

U don't play with LHDN..
Take the valuation they give..
Don't call for trouble later

Just pay in the event u got the prop at below mv

I facing situation like these:

Me and my partner bought a property from developer at 398k In 2013.

The property is VPed now and I decided to take out my name from SNP and Loan at 398k from SNP price. Means selling my 50% share to my partner in this case

According to lawyer, LHDN still will charge RPGT to me because the market value is higher now despite I did not make any profit and selling at SNP price.

Is that happen ?

that why its not a good idea to joint name to buy property where your relationship is not recognised by law.

yes.....RPGT will be imposed on 50% on your share.

But I wonder if you bought in 2013, how much profit you will make? 15-20%? after minus legal fee and etc....how much net profit are we talking about?

or if you can wait.....wait til 2019 baru transfer when the rpgt is zero.....but then....your property price might go up further.....making the situation even harder.

Check with your lawyer any succesful appeal cases b4. If yes, you may try to appeal by providing SPA and valuation report through your lawyer.

That will be strange. RPGT is charged on the capital gain based on SPA price. If u sell (even if you just transfer) to your partner at SPA price regardless what is the market price, there shouldn't be any chargeable RPGT. It is different issue with MOT.

Lawyer did mentioned there's a successful appeal case which the husband and wife divorced and they show the proof on that.

That's what I thinking also at first. However they will based on market value to impose the tax. Unless if you are making loss there might be different story.

about 20% gain.
Hence I already pay about RM6k. But actual value unsure yet. If lower, then will have some refund.

Look like can't miss it and have to pay.

Lhdn depends on valuation department input, the number tend to lag behind the market.

Did you ask the lawyer how much extra charge he will impose if he helps you to do the appeal instead?

You mean higher or lower than SPA value?

I didn't ask. he said I can go to LHDN to do the appeal myself as there successful case happened before only.

LHDN valuation sometimes not follow market valuation..

always got some differences

Did your appeal successful?

according to LHDN you already make 85k. not happy ka?

This post has been edited by corleone74: Sep 11 2017, 09:35 PM

valuation is subjective.
LHDN is using JPPH - gomen valuation dept

Economy bad a
February I paid MOT ,
I even check at brickz online value
, I almost puke when the officer call me n told me the amount
150-250k higher
I direct do transfer , Love and affection,
still valuation high , even I can save lawyer fee but cost me a bomb for MOT, I wish they got credit card like cukai pintu, cukai Tanah at KL land office also got credit card leh.......
cash make me stuck leh my cash flow ,

If u do something above 700k,
U be Flat ............ like LCD tv -.-/

Before you pay.. make sure you kira baik baik then only file for payment

Total net disposal price - total acquosition cost = chargeable gain

Chargeable gain is allowable for a rm 10k relieve,or 10% of chargeable gain...

So you can say chargeable gain - (10k or 10% of gain, whichever higher) = taxable gain

Taxable gain × rpgt rate = rpgt payable..