6 responses

  1. goh ai kim
    July 31, 2013

    This website is helpful to me.
    Need futher details on the expenses claim. Where can I get the details ie, Bank loan interest on the property can it be claim?

    • Richard
      August 1, 2013

      For further details, you can refer to my earlier post, Real Property Gains Tax 101. Loan interest, unfortunately, is not allowed as an incidental cost of disposal. This. Has been the case since 1 January 2010.

  2. Bala
    September 9, 2013

    Dear Sir,
    Thank you for your website, it is highly informative.
    I would like to ask you two questions.
    I am a director and shareholder of 2 companies. One hold properties for rental income. the other for trading in properties. Do I need to file the CKHT 2A for both the companies. If I have to do so, can I do it now and will I be penalised for the late filing of CKHT2A.

    Thank you Sir,
    Bala

    • Richard
      September 10, 2013

      You’re most welcome, Bala. I’m glad you found this site useful.

      You are only required to file Form CKHT 2A when you acquire a property. That would normally be done for you when your company purchases a property.

      If your company had purchased a property and had not filed in the Form CKHT 2A, section 29(1) of the Real Property Gains Tax Act 1976 states that “Any person who, without reasonable excuse, fails to make a return required by subsection 13(1) ..shall be guilty of an offence and on conviction shall be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.”

      This offence, however, can be compounded.

  3. Sallahudin
    November 4, 2013

    Dear Richard,

    Based on my knowledge, the property developer company is not subject to RPGT but subject to the corporate tax. Can I know the exact provision on this matter in RPGT Act?

    Thanks for your reply.

    • Richard
      November 7, 2013

      The authority is found in Section 2 of the Real Property Gains Tax Act 1976, under interpretation:

      “gain” means-

      (a) gain other than gain or profit chargeable with or exempted from income tax under the income tax law; or

      (b) in the case of a unit trust, gain not treated as income under the income tax law;

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