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 Tax on selling inherited land

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TSnorthernhero
post Jan 17 2019, 08:10 AM, updated 7y ago

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Hi,

A bought a land more than 20 years ago, then changed ownership of the land to his son 10 years ago.

Now A's son has sold the land, this should be the first time A selling any property, is the proceeds of the land taxable?

Thanks.
carlitofreak
post Jan 17 2019, 08:31 AM

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QUOTE(northernhero @ Jan 17 2019, 08:10 AM)
Hi,

A bought a land more than 20 years ago, then changed ownership of the land to his son 10 years ago.

Now A's son has sold the land, this should be the first time A selling any property, is the proceeds of the land taxable?

Thanks.
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If Memorandum of Transfer sign before 1 January 2019, no RPGT need to be paid for Property more than 5 years. But if sign after 1 January 2019, under the new rule, RPGT is imposed for all Property Transaction (unless below RM200,000) at 5% (if Individual) or 10% (If Company) in Year 6 and so on of holding the property
kimzee
post Jan 17 2019, 11:46 AM

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QUOTE(carlitofreak @ Jan 17 2019, 08:31 AM)
If Memorandum of Transfer sign before 1 January 2019, no RPGT need to be paid for Property more than 5 years. But if sign after 1 January 2019, under the new rule, RPGT is imposed for all Property Transaction (unless below RM200,000) at 5% (if Individual) or 10% (If Company) in Year 6 and so on of holding the property
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So that means regardless of how long the land was held, it will be RPGT taxable?
Does this apply for residential properties too? TIA.
hanhanhan
post Jan 18 2019, 06:35 PM

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QUOTE(kimzee @ Jan 17 2019, 11:46 AM)
So that means regardless of how long the land was held, it will be RPGT taxable?
Does this apply for residential properties too? TIA.
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yes. applies for all kind land/properties.

however each individual has a once in a lifetime waiver that he can choose to use on any RPGT transaction he wishes to.
mini orchard
post Jan 18 2019, 09:57 PM

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QUOTE(hanhanhan @ Jan 18 2019, 06:35 PM)
yes. applies for all kind land/properties.

however each individual has a once in a lifetime waiver that he can choose to use on any RPGT transaction he wishes to.
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Sure?
Yggdrasil
post Feb 10 2019, 08:50 PM

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QUOTE(mini orchard @ Jan 18 2019, 09:57 PM)
Sure?
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No. Only applies to disposal of private residence (see section 8, Schedule 3 of RPGT 1976)
This also only applies to property sold by a citizen of Malaysia or PR or spouse (joint name) with a Malaysian.

 

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