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 Inherit now or will?

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TSimtrobin
post Nov 28 2024, 09:22 AM, updated 12 months ago

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Hi, my mum is over 70 now, and consider whether to transfer the property to children now or do a will? My siblings don't have Malaysian citizenship anymore, so I know there's are more steps and fees when doing a will to my sibling, so we are trying to minimizes the fees when inheriting.

2 properties under 1M each, we can transfer to either of us (3 siblings)

Is she able to transfer property now as inheritance? What are fees involved in doing transfer now vs executing will?
TSimtrobin
post Nov 29 2024, 12:17 PM

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QUOTE(Cisne @ Nov 28 2024, 10:34 AM)
The stamp duty should be exempted for the 1st property worth less than 1M. In your case, maybe transfer to 2 separate sibling names. Within the 2 siblings, you distribute among your siblings - this one, you have to sort it out between the 3 of you. If not mistaken, any disposal of property within the 1st 5 years will still be subjected to RPGT even  thought it is the inheritance asset.
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No assholes disputes. Just that siblings are not holding malaysia passport anymore, so it's troublesome, and I already have 1 property under my name (and got IRAS kopi). I didn't realize there is a 5 year cooling period for sell
TSimtrobin
post Nov 29 2024, 01:41 PM

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Isn't that additional cost.
TSimtrobin
post Nov 29 2024, 06:31 PM

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So it's best to sell while under mum's name to avoid capital gain tax
TSimtrobin
post Nov 30 2024, 10:53 PM

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Is RPGT 5 years for multiple properties or just first residence?

We don't have any objections, just finding the best way to avoid unnecessary taxes/fees.
TSimtrobin
post Dec 3 2024, 10:57 AM

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QUOTE(hanhanhan @ Dec 2 2024, 02:55 PM)
all properties are subject for RPGT, currently if u hold the property for more than full 5 yrs (means sell during 6th year) then RPGT is 0% for malaysian citizen/PR. doesn't apply to foreigner & companies.

each malaysian citizen have once in lifetime waiver for RPGT (eg. if u sell within 5 yrs n is subject to RPGT), however it must be a residential property and u need to have water/tnb bill under ur name dated prior to the date of sale to prove
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Oh I see. Then cannot transfer to overseas siblings.

So if a child inherit property from parent, likely they won't have water/tnb bill in their name. So still need to switch before it can sell (within 5 years) to avoid RPGT.
TSimtrobin
post Dec 5 2024, 10:13 AM

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If they don't check the water/tnb date, then it is a loophole, no?

 

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