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> LHDN property type, LHDN categorize condo as "perniagaan"

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TSRockHEad28
post Dec 10 2018, 08:21 PM, updated 6y ago

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Hi sifus,

I recently bought a unit at Sunway Ridzuan condo, and was made to understand this is considered as a Residential property.
Since this is my first property, My stamp duty is exempted of up to RM5,000. SPA & Loan agreement all signed and lawyer fees paid already (which deduct RM5,000 stamp duty).

Now my lawyer say LHDN have categorize the condo as "kediaman Dan perniagaan", hence am no longer entitled for RM5,000 waiver. Reason is LHDN thinks the place is full of rental units so it should be a "business", which is ridiculous in my opinion since that is a condo.

Any advise on how to overcome that? The lawyer say die die have to pay, and my next house can still waive the RM5,000. Is it true?
hanhanhan
post Dec 12 2018, 03:47 PM

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QUOTE(RockHEad28 @ Dec 10 2018, 08:21 PM)
Hi sifus,

I recently bought a unit at Sunway Ridzuan condo, and was made to understand this is considered as a Residential property.
Since this is my first property, My stamp duty is exempted of up to RM5,000. SPA & Loan agreement all signed and lawyer fees paid already (which deduct RM5,000 stamp duty).

Now my lawyer say LHDN have categorize the condo as "kediaman Dan perniagaan", hence am no longer entitled for RM5,000 waiver. Reason is LHDN thinks the place is full of rental units so it should be a "business", which is ridiculous in my opinion since that is a condo.

Any advise on how to overcome that? The lawyer say die die have to pay, and my next house can still waive the RM5,000. Is it true?
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doubt u can use it on ur next house.

u bought from developer? is it Schedule H agreement?


e-lite
post Dec 14 2018, 10:16 PM

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QUOTE(RockHEad28 @ Dec 10 2018, 08:21 PM)
Hi sifus,

I recently bought a unit at Sunway Ridzuan condo, and was made to understand this is considered as a Residential property.
Since this is my first property, My stamp duty is exempted of up to RM5,000. SPA & Loan agreement all signed and lawyer fees paid already (which deduct RM5,000 stamp duty).

Now my lawyer say LHDN have categorize the condo as "kediaman Dan perniagaan", hence am no longer entitled for RM5,000 waiver. Reason is LHDN thinks the place is full of rental units so it should be a "business", which is ridiculous in my opinion since that is a condo.

Any advise on how to overcome that? The lawyer say die die have to pay, and my next house can still waive the RM5,000. Is it true?
*
I think this is bunch of bull ass. Should ask your lawyer to appeal as this is residential title. The perniagaan is for the shops downstairs
hanhanhan
post Dec 22 2018, 10:52 AM

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From: Kuala Lumpur


QUOTE(e-lite @ Dec 14 2018, 10:16 PM)
I think this is bunch of bull ass. Should ask your lawyer to appeal as this is residential title. The perniagaan is for the shops downstairs
*
it should be commercial title.

the condo is under residential SPA.

however the title will remain as commercial.

one way u can appeal is show to LHDN that your SPA is under Schedule H (Housing Development) thus you should be able to get the first homebuyer benefit PROVIDED if your SPA price is less than rm500k.
jimmyng
post Dec 25 2018, 03:46 PM

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QUOTE(hanhanhan @ Dec 22 2018, 10:52 AM)
it should be commercial title.

the condo is under residential SPA.

however the title will remain as commercial.

one way u can appeal is show to LHDN that your SPA is under Schedule H (Housing Development) thus you should be able to get the first homebuyer benefit PROVIDED if your SPA price is less than rm500k.
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Or maybe can get 2nd opinion from another lawyer

 

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