Friday, November 29, 2013

Malaysia Real Property Gain Tax (RPGT)



















In the Budget 2014, the government is proposing the RPGT be increased to 30% 
from the current 15% on all properties sold before three years from the date of 
purchase and whereas for disposals within the holding period up to 4 and 5 years, 
the rates are increased to 20% and 15%, respectively. For disposals made in 
the sixth and subsequent years, no RPGT is imposed on citizens, whereas 
companies are taxed at 5%.

Real Property Gain Tax (RPGT) is a tax imposed on gains from disposal of all 

types of properties such as residential and commercial buildings, land and shares 
of real property companies. RPGT is imposed on the net gains from disposal of 
property after deducting the following costs:-

 1. Acquisition price
 2. Stamp duty
 3. Legal fees
 4. Renovation costs
 5. Commission for sales and administrative payments


The following RPGT exemptions which were implemented under the previous 
regime continue to be available:

(a) RPGT exemption on gains from the disposal of one residential property once 

      in a lifetime to individuals;

(b) RPGT exemption of up to RM10,000 or 10% of the net gains, (whichever is 

      higher) from the disposal of real property by individuals;  and

(c) RPGT exemption on gains arising from the disposal of real property 
between 
      family members (e.g. husband and wife, parents and children, and grand-
     parents and grandchildren).

The current RPGT rates vary from 0% to 30%, depending on the holding period. 

The holding period refers to the period between the acquisition date and the 
disposal date of the property.

To further curb speculative activities, the RPGT rates on disposal of properties 
and shares in real property companies effective 1 January 2014 shall be as follows:-

 Disposal
 (from purchased date)
 Company Individual
 (Citizen & PR)
 Individual
 (Non Citizen)
 1st 3 years 30% 30% 30%
 in 4th year 20% 20% 30%
 in 5th year 15% 15% 30%
 After 5th year 5% 0 5%


Example To Illustrate Calculation Of RPGT
Disposal Price on 2 Jan 2014

300,000

Less: Renovation/extension costs
20,000


Legal fees
3,000
23,000
277,000
Acquisition Price on 1 Jan 2012

200,000

Add: Duty stamp paid
3,000


Legal fees
2,500
5,500
205,500
Profit


71,500
Less: Exemption of RM10,000 or 10% of the chargeable gain, whichever is greater


7,150
(-10,000)
Chargeable gain


61,500


Rate of RPGT 30% applied for disposal in 1st 3 years after the date of acquisition.
RPGT on RM61,500 @ 30% = RM18,450