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Commercial title, HDA status (can MOT be exempted?
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YeohKW
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 Dec 26 2020, 02:07 PM
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Getting Started
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QUOTE(derick8860 @ Dec 20 2018, 02:05 PM) Hi, if a first time home buyer buy a commercial title with HDA status property (service apartment), can he/she be exempted for paying MOT for first 300k if the property priced beliw 500k? Thank you. SoHo yes but need to proof that the property is purchased for residential purposes and not for commercial use. All fees are higher but again, if can proof that the unit for own use and not commercial, can apply for residential rate too. If you are buying from developer, get assistance from the sales team on this they can advise u better based on the local practice. Just make sure whatever they said you write it down or best ask them to write it for u so you will have a copy of record. This post has been edited by YeohKW: Dec 26 2020, 02:08 PM |
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YeohKW
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Dec 26 2020, 06:02 PM
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Getting Started
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QUOTE(derick8860 @ Dec 26 2020, 04:28 PM)  you see this  the definition of "residential property" is like this.. “residential property” means a house, a condominium unit, an apartment or a flat purchased or obtained solely to be used as a dwelling house.my service apartment under HDA schedule H, only property used as dwelling house can get HDA status right.. if following the order/law, i should be able to get the mot exemption, but the problem is, surat akuan as attached above terus exclude soho & service apartment from claming the exemption Try check with developer and see if they can do anything about it? By the way, which developer you dealing with? Is it under HOC 2020 - 2021 purchase? If yes, then can refer here: http://rehda.com/hoc2020-2021/Or maybe you can give Redha a call to verify too. |
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YeohKW
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Dec 26 2020, 11:24 PM
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Getting Started
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QUOTE(derick8860 @ Dec 26 2020, 09:46 PM) thank you for trying to help me out, but will not be able to get it under HOC, the only way will be via "Stamp Duty (Exemption) (No. 7) Order 2018". appreciate it, thank you!  you mean the property you bought is below RM300,000? I read again your initial post and I think the best way is to talk to your SPA lawyer again on this matter. The law applicable at the time you sign your SPA. if it's already being updated, then you still have chance to appeal for the exemption. but if not, then it will be pretty much impossible. This year I got a client also face similar issue but with RPGT. Initially he needed to pay about Rm60K ++ for RPGT but after appealing due to the changes of RPGT rate, he ended up paying only about RM20K plus |
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YeohKW
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Dec 27 2020, 09:38 AM
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Getting Started
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QUOTE(derick8860 @ Dec 27 2020, 12:19 AM) my current situation is different from the first post, you may refer to the long written post above then you would understand. that time i opened this thread just to confirm commercial titled property under HDA (service apartment) able to get stamp duty exemption, as the people here and lawyer side also said can get because it is for dwelling. i bought and signed in early 2019, under Stamp Duty (Exemption) (No. 7) Order 2018, first time homebuyer can get stamp duty exemption for buying residential property of value from rm300,000 to rm1,000,000. to claim this exemption, we have to submit statutory declaration, but the statutory declaration exclude service apartment from claiming it, as shown in the photo that i attached in the post above. Which party gave you the statutory declaration form? Cos in the released federal government gazette there's no mention about it. Refer here: http://www.federalgazette.agc.gov.my/outpu...1_PUA%20378.pdfMaybe you can check with your lawyer again or accountant on this matter. As long as you can proof that the property will be use for own stay and not for commercial use, then you have a ground to discuss. But have you check with the developer on this matter? And i went and check your earlier post and you mentioned you bought the property in early 2019. Can I know when is the actual date you sign your SPA? |
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YeohKW
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Dec 27 2020, 04:31 PM
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Getting Started
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QUOTE(derick8860 @ Dec 27 2020, 04:11 PM) i think LHDN prepared the statutory declaration form, i have included the link in the earlier long post, or you may find the statutory declaration in the link below. www.malaysianbar.org.my/cms/upload_files/document/Circular%20No%20033-2019.pdfi signed in January 2019, before this statutory declaration is published. i will talk to lawyer again, but i just hope anyone with experiences in such case can guide me. As long as it's signed within 1 Jan 2019 to 30 June 2019, you can appeal for it. I think your lawyer will be able to fight for you. Good luck. |
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