LEGAL NEWS ALERT: 2022 Updates on Real Property Gain Tax “RPGT”

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What is RPGT?

  • A capital gain tax imposed when a property is sold and the seller profits from the divestment.
  • Applicable to everyone namely Malaysians, permanent residents, foreigners and companies.
  • Administered by Inland Revenue Board of Malaysia (Lembaga Hasil Dalam Negeri).
  • First announced in 1976

Exemption (RPGT Act 1976)

  • 1st disposal of residential property (only applicable to Malaysian citizens and permanent residents)
  • Disposal of property between family members.
  • Exemption waiver for an amount equal to 10% of taxable profits, or RM10,000 (whichever is higher)

RPGT Formula

Gross Chargeable Gain = Disposal Price – Acquisition Price

Net Chargeable Gain = Gross Chargeable Gain – RPGT Exemption – Miscellaneous Expenses (eg. legal fees, sales commission etc)

RPGT Payable = Net Chargeable Gain X RPGT Rate (based on holding period)

Example

Acquisition Price: RM300,000

Disposal Price: RM500,000

Disposal: 5th year

Gross Chargeable Gain: RM500,000 – RM300,000 = RM200,000

Net Chargeable Gain: RM200,000 – RM20,000 (RPGT Exemption) – RM15,000 (Miscellaneous Expenses) = RM165,000

RPGT Payable: RM165,000 X 15% = RM24,750

RPGT Rates

Pursuant to the Finance Act 2021 gazetted on 31 December 2021, RPGT will no longer be imposed on property disposals by individual owners starting from the 6th year, with effect from 1 January 2022.

Retention Sum by Acquirer in relation to Disposal of a Chargeable Asset

CONCLUSION

With the abolishment of RPGT for the sale of properties held from 6th year onwards, we believe property owners will be motivated to upgrade to their desired house without any tax penalty. It is a long-awaited measure, as many see it as an unjust way to penalise longterm property owners on inflation and therefore this abolishment is very much welcomed by all.

For any queries or further information, please do reach out our Projects Practice Group:

Mr. Zuhaidi Shahari, Partner cum Team Leader [email protected]
Mr. Mohd Sallahudin Abdullah, Partner [email protected]
Ms. Lim Sheh Ting, Partner [email protected]

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