News and developments
LEGAL NEWS ALERT: 2022 Updates on Real Property Gain Tax “RPGT”
What is RPGT?
Exemption (RPGT Act 1976)
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]