QUOTE(edyek @ Jun 11 2019, 03:54 PM)
Ok boss. Like this baru can give suggestion mah.
Method 2 obviously cannot pakai one. Too many unforseen circumstances. Lazy to explain also.
If your main concern is to get the prop under own family NOW without having to worry about future unforseen events, then i would suggest using Method 1. Cost of RPGT and stamp duty is small cost compare if your aunty dont get the prop transfer to your family in the future.
If die die want to save cost, and not urgency to transfer the prop back then I would suggest using below:
1) Request your aunty to give a PA to your father/brother/you. PA to be prepare by lawyer and registered.
2) Request your aunty to surrender the land title to PA holder or your lawyer.
3) Hold the property as long as you want until e.g. say 5 years, then only use the PA to transfer the property back to your family or buyer (if want to sell to liquid cash). Save taxes on RPGT. But stamp duty will be expensive a bit since value of property increase. But compare to tax saving of 25% RPGT with stamp duty, it would be logical to do so. Minimal cost.
*assuming you will not be using your aunty RPGT exemption for once in a lifetime, which will be unfair to her. (My thought only)
4) A full PA has the power to receive money on behalf of owner, sell, charge, pay taxes etc. As if the PA holder is the owner itself.
Note: Optional
*extra precaution for step 2.
To secure land title and deter any fraud in future, use the PA to “charge” the land to your brother or any other family member for a sum e.g. say 50k or 100k. Then enter a caveat against the land title.
All the above, is assuming that if u transfer the property now, u have to pay more than say 50k RPGT, then the above would be logical choice to save cost and sell later. If the RPGT is only less than say 10k, better use Method 1 without the need to do what Ive suggest earlier.
The above is only my suggestion and what I would do if I were in your shoes. 50k for me is justifiable to use the above method and 10k is not.
Anyhow, do consult your lawyer for more technical advice.
Thanks sifu Edyek, you provided a brand new solution to me
Anyway, I think will probably proceed with Method 1 because Method 2 doesn't make too much of sense to me.
I've check with the bank on the market value of the prop, its around 600k now.
Assuming method 1 is executed, cost is as below:
stamp duty:
first 100k 1% - 1k
next 400k 2% - 8k
last 100k 3% - 3k
Total duty: 12k
lawyer fee estimate 1% - 6k
I'm confuse about the RPGT part though, how it's calculated, coz now its just transfer of title and no sales involved.
Assuming conventional way it would be:
600k MV - 100k Purchase cost = 500k gain, 5% gain tax is 25k, which i think is a massive cost.
If its just the stamp duty + lawyer fees then its very much bearable.
What says you?