Info: Real Property Gain Tax

RPGT
Chargeable persons
Every person whether or not resident in Malaysia is chargeable to RPGT in respect of any gains accruing on the disposal of real property in Malaysia
Rates of tax Citizen & permanent residents
Category of disposal	Companies	Individuals
	%	%
Disposal within 2 years	30	30
Disposal in 3rd year	20	20
Disposal in 4th year	15	15
Disposal in 5th year	5	5
Disposal in 6th year & subsequent years	5	NIL
Non citizen or non permanent resident
Category of disposal		%
Disposal within 5 years		30
Disposal in 6th year & subsequent years		5
1. The following are exempted from tax (for houses & other cases) : · For individuals, the first RM5,000 or 10% of any chargeable gain whichever is greater. · The gain on disposal by an individual who is a citizen or permanent resident of Malaysia of one private residence during his lifetime. · The gain on compulsory acquisition under any written law. Gifts to governments, local authorities of charities. · Real property transactions arising from mergers of financial institutions which were completed between 24 October 1998 and 20 June 1999. ii. The following are treated as disposals at the original acquisition price so that no gain arises on the disposal (for houses & other cases) : · Transfer by way of gift between husband and wife, parent and child and grandparent and grandchildren taking place within 5 years of acquisition. · A transfer of real property to a company for a consideration consisting of shares or substantially of shares and the balance in cash. · A transfer of real property to a company for a consideration consisting of shares or substantially of shares and the balance is cash. · A transfer of assets between companies in the same group with the consent of the Director General of Inland Revenue.
Acquisition & Disposal of Chargeable Assets (Real Property)
Chargeable gain or allowable loss is the difference between the disposal price and the acquisition price on the disposal of a real property 1) Acquisition price includes: Consideration per SPA Plus Incidental costs which include Fees, commission or remuneration paid for professional services of surveyor, valuer, accountant, agent or legal adviser Cost of transfer including stamp duty Cost of advertising to find seller Interest paid on capital employed to acquire the property where such a claim has not been made under income tax for rental income Less: compensation for damages to the asset receipts under an insurance policy for damages to the property deposits forfeited in respect of the property 2) Disposal price includes Sale consideration Less: Incidental costs, which includes Fees, commission or remuneration paid for professional services of surveyor, valuer, accountant, agent or legal adviser Cost of transfer including stamp duty Cost of advertising to find seller Less: Expenditure incurred on the asset at any time after its acquisition for the purpose of enhancing or preserving the value of asset ( includes renovations) Expenditure incurred in establishing, preserving or defending the owner's title or a right over the asset
Administration
Form Filing
C.K.H.T. 1 Return of disposal of chargeable asset		To be filed within 1 month of date of disposal of chargeable asset
C.K.H.T. 2 Return of acquisition of chargeable asset		To be filed within 1 month of date of acquisition of chargeable asset