5 Percent RPGT In Budget 2010, 1976 RPGT Rule No Longer Applicable

October 25, 2009

Source: Bernama

KUALA LUMPUR, Oct 25 (Bernama) -- The real property gains tax (RPGT) will be fixed at five percent on the gains from the disposal of real property effective 1 January 2010.

Reiterating this on Sunday, Second Finance Minister Datuk Husni Hanadzlah said that the rate imposed is irrespective of the holding period and the category of the owner.

He said that this rate of five percent will be implemented through the Real Property Gains Tax (Exemption) Order 2009.

This Order will be gazetted as soon as possible and effective 1 January 2010.

"Therefore, the current rate of RPGT which is higher than 5.0 per cent as in Schedule 5 of the Real Property Gains Tax 1976 will no longer be applicable," he said in a statement here.

This means that the previus rate of 30 per cent decreasing to 5 percent based on the holding period of the property is no longer applicable.

However, exemptions to the individuals are given as follow;

* The level of exemption is increased from RM5,000 to RM10,000 or 10 per cent of the chargeable gains, which ever is the higher;

* Gifts betwen parent and child, husband and wife, grandparent and grandchild; and

* disposal of a residential property once in a lifetime.

Property gains tax makes comeback

Saturday October 24, 2009

Source: TheStar

THE Government has proposed to reimpose real property gains tax (RPGT) for gains arising from property disposal.

Based on the Finance Bill, disposal within two years of acquisition will be taxed 30%; in the third year, it will be 20%; in the fourth year 15%, while disposal within five years and beyond will still be subject to 5% tax.

The latest measure, which will come into effect in January next year, has been described as “a knock-out punch” by Deloitte Malaysia country tax leader, Ronnie Lim.

“It was merely four short sentences in the 2010 Budget speech. However, that short reference to RPGT carried a knock-out punch,” Lim said in a statement yesterday.

He pointed out that from the speech itself, many would have thought that a low rate of tax of 5% would apply to most gains arising from disposals of real property.

“Be prepared for a shock – this is not the case and the highest rate of RPGT will be 30%,” he said.

Most rates of RPGT from January 2010 will be restored to those prevailing immediately before its suspension in April 2007.

Lim said one notable difference was that the exemption from tax for disposals after the fifth year of acquisition has been removed.

“Even where a property was purchased over 20 years ago, a gain on disposal from 2010 will attract 5% RPGT (without any indexation of acquisition price to reflect current purchasing power of the ringgit),” he said, adding that a flurry of property transactions could be expected soon.

Concurring with Lim, OCBC Bank Bhd director and chief executive officer Jeffrey Chew described the measure as a counter-productive move in efforts to encourage property investments among local and foreign investors, particularly to attract real estate investment trust investors.

“Furthermore, this would make Malaysia’s property market less attractive compared to other neighbouring countries in the region despite our property prices being among the lowest in the region,” Chew said.

However, Khong & Jaafar Sdn Bhd managing director Elvin Fernandez gave the thumbs up to the RPGT, saying “it shows that Malaysia, like other Asian countries, is not for unfettered speculation.”

“The RPGT is an anti-speculative tool, not a revenue earner for Government coffers,” he added.

To promote home ownership and enhance the people’s quality of life, the Government has also proposed a scheme to allow Employees Provident Fund (EPF) contributors to utilise their current and future savings in Account 2 for home purchase.

Meanwhile, to encourage green technology in the property sector, building owners obtaining Green Building Index (GBI) Certificates from Oct 24 until Dec 31 will be given income tax exemption equivalent to the additional capital expenditure in obtaining such certificates.

Those purchasing buildings with GBI certificates from developers will be given stamp duty exemption on instruments of transfer of ownership.

The exemption amount is equivalent to the additional cost incurred in obtaining the GBI certificates. This exemption is given to buyers who execute the sale and purchase agreement from Oct 24 until Dec 31, 2014.

And to promote rehabilitation of abandoned housing projects, the Government will consider extending appropriate financial assistance to rehabilitate low and medium-cost houses based on the existing project list.

An allocation of RM200mil will be provided under the housing and local government ministry.

Under the Government’s initiative to provide housing facilities for the low and middle-income groups, the National Housing Department will provide 74,000 low-cost houses to be rented in 2010.

House Buyer's Guide

Source: Reapfield

House Buyer's Guide

(Excerpt obtained from the Ministry of Housing and Local Government)

Some important aspects for House Buyers

Before you decide to buy a house, you must ascertain that the housing developer:

• has obtained a valid Developer’s Licence; and
• a valid Sales & Advertising Permit

Know the category of housing

The Sale & Purchase Agreement (S & P) for landed property must state completion within 24 months, e.g. bungalows, semi-detached and terrace houses.

S & P Agreement for subdivided buildings such as condominium, flats, apartment and townhouse must state completion within 36 months.

Buyers are advised to obtain free brochures from the developer for full information on the project including particulars of the licence, permit, etc.

Land Title

• Separate individual title;
• Strata title

Status of Land

• Freehold
• 99 years lease
• Malay Reserve

Obtain Information from Housing Developer

• Free brochure on the housing project
• Note specifications on building materials
• Sample sale & purchase agreement
• Building area
• Location of house to be constructed
• Expected date of completion
• Note condition of site such as hilly, former mining land or swampy land
• Reference No. of approval of building plans by local authorities.

Rights and Interest of Buyers under Sale and Purchase Agreement

The sale & purchase agreement must comply with the standard agreement as in Schedule G & H of the Housing Developers (Control & Licensing) Regulations 1989.

First Payment

The buyer must sign the S & P Agreement at the time of the first payment of 10% of the purchase price to the developer. Ensure that the date of the 1st payment and the date of the S & P Agreement having been signed.

Architect’s Certificate

Every notice requesting for payment shall be supported by a certificate signed by the developer’s architect or qualified engineer.

Interest on late payment

If the buyer or end financier of the buyer fails to settle the instalment within 14 days after receipt of the written notice, the buyer shall be liable to pay interest to the developer calculated from day to day at the rate of 10% p.a. on the unpaid instalment.

Determination of Agreement

You are reminded that failure to pay any of the instalments and interest due for any period exceeding 28 days, the developer may terminate the S & P Agreement. The Developer shall send notice in writing by A.R. Registered Post of his intention to terminate S & P Agreement.

Maintenance & Management Fee

The buyer shall contribute towards maintenance charges such as refuse removal, upkeep of public drains and grass-cutting on the road reserves as from the date of delivery of vacant possession for landed property and as from the date of issuance of strata titles and the formation of the Management Corporation.

Payment of quit rent, assessment, etc.

As from the date of S & P Agreement, the buyer shall be responsible for the payment of quit rent, rates, assessment and other charges on the subject property.

Vacant possession of the building with water and electricity ready for connection must be delivered within 24 calendar months from the date of the agreement (for landed property) and 36 months (for subdivided buildings)

Application for certificate of Fitness for Occupation

At the time of delivery of vacant possession, the developer must have applied for CFO from the relevant authorities (Form E of UBBL)

Entry into Occupation

The buyer is only entitled to enter into occupation of the property upon issuance of CFO by the relevant authorities.

Renovations may only be carried out upon issuance of CFO and approval of the plans by the relevant authorities.

Payment of Damages

If the developer fails to hand over vacant possession of the building/parcel within the prescribed time (24 months from the date of the S & P Agreement for landed properties and 36 months fro sub-divided properties), the developer shall pay immediately to the buyer liquidated damages to be calculated from day to day at the rate of 10% p.a. of the purchase price.

Claim for damages & time limit

The buyer may claim damages from the developer before the expiry of 6 years from the date of vacant possession in accordance with the Limitation Act 1953.

Defect Liability Period

With effect from 1 August 1996, the defect liability period shall be 18 months from the date of delivery of vacant possession.

Formation of Management Corporation

A Management Corporation shall be formed by the buyers upon issuance of separate strata titles for the parcels and transfer into the buyers’ names.

Among other functions, the Management Corporation shall be responsible to insure and to maintain the building.

Enquiries & Complaints

You may contact:

Control & Enforcement Section,
Ministry of Housing & Local Government,
Block K, Level 4, Pusat Bandar Damansara,
50782 Kuala Lumpur.

Tel: 603-2094 7033
Fax: 603-2094 9720

This section is a division under the Ministry of Housing & Local Government and is responsible for the implementation and enforcement of the provisions of the housing Developers’ (Control & Licensing) Act 1966 (Act 118).

Prepared by:

Control & Enforcement Section,
Ministry of Housing & Local Government,
Block K, Level 4, Pusat Bandar Damansara,
50782 Kuala Lumpur.

Translated by:

Housing Developers’ Association Malaysia for distribution to developers.

你適合買屋還是租房？

Source From : 星洲日報／投資致富‧產業問診室‧2009.09.15

黃小姐問：大家都說現在的屋價處於低谷，而且銀行利率又很低，正是購屋置產的好時機。我現在租的屋子大概是500令吉，朋友替我算過，這和直接買一間屋子來供的花費差不多，但我還是很擔心，如果我失業了，還供得起嗎？我的錢夠首付嗎？我的錢夠搬家嗎？頭一次買屋可真是傷腦筋，請給我建議。

在決定買屋還是租房最適合你之前，或許可以先考慮以下這些問題：你打算在新買的屋子裡住多久？其實買賣房產交易費用很高，因此如果打算購屋的話，至少要打算住個四五年才划算。

原因何在呢？買了屋子再賣掉所需的費用――包括房產中介費、過戶費、買賣手續費、驗房師和估價師的費用――雜七雜八加在一起大約是屋價的10%，或者大致相當於一年半的房租。

計算每月房貸及雜費支出

“如果你把這個費用分攤到10年，那就不算甚麼大數目，不過如果要分攤到比如兩年，那就意味著，你要為短時間擁有一個屋子付出很大的價錢。”

每月所需費用你可以承擔嗎？雖然有些情況下，月供跟你每月租房的費用差不多，不過買了屋子之後，除了月供之外，還會產生其他一些費用。

要切身體會買屋後的經濟負擔――也是為了看看你能否承擔得起――“演練”一下每月還款吧。理財教育公司Financial Finesse的註冊理財規劃師加里斯莫拉說，可以每個月把預期的月供、房產稅、維修費用、公共事業費及其他與屋子相關的費用單獨存入一個賬戶。

房屋租售比如何？加利福尼亞聖何塞的註冊公共會計師丹尼爾莫里斯說，在美國有些地區，房產的價格跌得非常厲害，不過“誰也不知道房產市場下一步走勢如何。”

要想判斷你所在地區是買屋划算還是租房划算，可以將屋價與同類房屋的租價做一個比對。

生活穩定買屋較適合

貝克認為，如果將屋價除以一年的租價得出的結果大於20，“我就會擔心屋價極有可能還會再跌。”你就應該考慮再觀望些時候了。他說，如果結果小於等於15，買入應該還是相當安全的，因為屋價會保持穩定，甚至還會上升。

你目前的工作如何，跟伴侶的關係如何？二三十歲的人還是在事業打拼階段，個人生活方面也經常會有變動，也許還是租房這種靈活的方式更適合他們。

莫里斯說，不過，如果你的工作非常穩定，你對現狀非常滿意……個人生活方面也相對穩定，那麼買屋就是更有吸引力的選擇。

破壞君子協議‧房東租戶雙輸

讀者李女士說，她有一個店屋辦公間單位，與租戶簽署的租約在去年終止，她準備與租戶訂立新租約，不過，租戶一直不肯簽，因此，之前的租約終止後，租戶按月繳租維持聯繫。

不過，最近租戶開始拖延繳付租金，她致函給租戶，並且給足時間通知他另外找地方，可是，租戶說“不”，而且還說大馬的法律是保護租戶的。

請問：真的是這樣嗎？手上沒有租約可以採取哪些行動？如何將租戶“請”出去？

答：黃振原（CY Wong）律師說，當租約期滿，彼此又沒有更新租約的話，有關的租賃是一個月、一個月這樣維持下去。

李女士可以對租戶發出“一個月通知”公函，照會租戶遷出有關單位。（註：通知書的發給必須遵守正統租約的格式）假如一個月期限已到，租戶仍堅持不搬遷出去，屋主可以通過法律行動來應對租戶的舉措。

如果租戶仍拖欠租金，屋主可以通過法庭採取訴訟行動、申請庭令，以讓她“張貼”店內屬於租戶的資產，假如租戶繼續不交租，她可以“拍賣”租戶的資產。（這個過程只可以讓屋主取回租戶拖欠最高12個月的租金）。

這個訴訟行動，並未能“驅逐”租戶，只是對租戶造成一些壓力，以便租戶可以和屋主坐下來協商、尋求解決問題的方案，然後搬遷出去。

當然屋主也可以同時向法庭提出“驅逐”令申請，假如屋主可以證明租約已經到期，沒有再簽任何新的租約，成為一個月接一個月的租賃，錯不在她，那麼她應該可以順利申請到驅逐令，以便將租戶驅逐出她的單位。

黃振原律師補充，沒有所謂的法律只保護租戶這種事情，法律主要是保護權益被侵害或被剝奪的一方。

房東與房客的問題

個案一

陳小姐說，她的租戶在6月初跟她說將會租房子到6月尾，但是，她在7月14日才交還鎖匙給陳小姐。

請問：我可以扣她半個月租金嗎？

答：租戶在兩週後才將鎖匙交還屋主，表示租戶依然佔用有關空間，不論她在這段期間是否有住在裡邊，屋主可以從房租抵押金扣除半個月租金。

許多時候，屋主與租戶之間或房東與房客之間可能沒有立租約，彼此是以君子協議做依歸，雙方都應該履行，維持友好的業主與租戶精神。

個案二

乙蓮是二手房東，她的房客在7月15日通知她準備住到7月底退房，按當初彼此的君子協議，任何一方要退房，必須給另一方一個月通知；也就是說，假如房東要收回房間，必須給房客一個月通知，又或者是假如房客要退房，也必須給房東一個月通知，否則，房租抵押金將按比率折扣。

當房東將這樣的情況解釋給房客聽之後，房客很不高興，開始惡言相向，而且還說如果要扣她的房租抵押金，她要住到8月中。

請問：假如房客沒有給足一個月通知，房東是否可以按比率扣減房租抵押金？

答：乙蓮面對的問題與陳小姐相似，只是過程有些不同。

許多時候，當房東只是將一間房出租給房客，雙方並沒有簽署租約，彼此是以君子協議維持聯繫。

Source From : 星洲日報／投資致富／產業問診室‧2009.08.10

當雙方在一開始就同意不論任何一方要退房，必須給另一方一個月通知，彼此就應該履行君子協議。

如果說房客堅持要住到8月中，又要房東退還她一個月的房租抵押金，她需要另外支付半個月的租金。

又或者是她住到7月尾的話，房東退回她半個月的房租抵押金。

Confucian secondary to be built in Taman Puncak Jalil

Source From : The Star

Thursday February 28, 2008

Confucian secondary to be built in Taman Puncak Jalil

PETALING JAYA: A Chinese-medium secondary school will be built in Taman Puncak Jalil making it the first such institution for the Serdang and Puchong area.

Yesterday, developer Talam Corporation and the Confucian secondary school management insisted MCA president Datuk Seri Ong Ka Ting attend the signing ceremony for the transfer of a piece of land.

Talam is contributing more than a hectare for SMJK Confucian – with construction work expected to start in three months.

“We invited Datuk Seri Ong because he played a major part in the whole process,” said Talam executive director Chua Kim Lan yesterday.

Chua related how Ong had requested Talam executive chairman Tan Sri Chan Ah Chye in 2003 to search for a piece of land to relocate Chinese schools in Selangor and Kuala Lumpur.

At that time, one of Ong’s main concerns was the over-crowded Confucian school in Kuala Lumpur. Both independent and secondary school shared the same compound.

“After a few years, we found a site in Serdang. It was agriculture land belonging to individuals,” said Chua after the signing ceremony in Seri Kembangan.

She said Talam bought the land, converted the status and allocated more than a hectare to the school. In January, it obtained the grant title approval from the Petaling Jaya land office.

Asked about the timing for the signing ceremony, Chua said it was definitely not an election gimmick.

“We only managed to get the grant title in January. Then there was some paperwork to be finalised before we could transfer the title to the school board today,” she said.

Ong, in his speech, thanked Talam, saying the project was “very close to my heart”.

“Having this school here will ease the overcrowding in the school in Kuala Lumpur. Folk in Serdang and Puchong also do not have to send their children all the way to the city.

“They can save time and don't have to pay so much for transportation. This is a big relief for them,” said Ong, adding that there were about 800 students from these two areas studying in Chinese-medium secondary schools in other districts.

The president also found an organisation willing to undertake the construction of the 58-classroom premises at RM10mil.

“The organisation and its owner wish to remain anonymous. Let’s work fast to get the school ready because the people have waited a long time,” said Ong.

Ong has tasked Seri Kembangan incumbent assemblyman and MCA Serdang division chairman Datuk Liew Yuen Keong to oversee the construction work.

Liew said students could enrol in about a year.

Earlier in Kuala Lumpur, Ong urged voters in Seputeh to vote for Carol Chew Chee Lin who is contesting the Seputeh parliamentary seat as she had the vision and the eagerness to learn.

“Carol is very active and I have seen her many times, during activities organised by the party as well as from watching her leading Beliawanis (Wanita MCA Young Women's Bureau) with much enthusiasm,” said Ong during a lunch organised by the Pertubuhan Penyayang Sunlight Kuala Lumpur & Selangor yesterday.

BAYU SEGAR, CHERAS

Source From : Propertymalaysia

Yep, the reviews are back after a short absence, mainly to our pre-occupation with some other work-related stuff. And what better way to start off September with than Bayu Segar, the first major development to be launched post IJM-Road Builder merger. Actually, to be specific, in terms of their property arms, it should be a merger between IJM Properties and RB Land, in which the name entity will be called IJM Land (although this hasn’t come into effect yet).

But enough of corporate M&As, let’s talk properties. If you have been us here in Property Malaysia, or simply watching the new project ads in the papers in the last one year or so, you wouldn’t have failed to notice that Cheras is going through a resurgence in new development projects. It is mostly against the grain of public perception that Cheras is matured in terms of development, evident in the densely populated housing areas spilling into each other’s territories, not to mention the almost too busy business areas.

But development has to evolve and most of the new projects in the past one year are moving away from the established areas of Cheras towards the forest reserve and Kajang. Some of the projects that have been reviewed here are:

Taman Wangsa, Cheras
Hijauan Residence, Cheras
Suria Residen, Cheras
Sunway Cheras: Phase 2B &3, Cheras
The Oasis@Cheras Courtyard Terraces, Cheras

While living in newer areas, away from the congested and older neighbourhoods has it’s perks, one problem often mentioned is the distance. Most of these new areas are deep into Cheras, you would need to travel through lots of narrow roads through busy areas just to get out on the main roads. There are new through roads planned here and there that’ll bypass direct to highways, but most of these will be busy as soon as they open, and mostly it’ll be some time before they’re ready.

That’s where the first and biggest attraction of Bayu Segar comes in. It’s location is unbeatable for a new development, if you are concerned with the distance. It’s right smack between Taman Segar, Taman Desa Aman, Taman Mutiara Timur and Taman Gemilang. Heck, you can say its right behind Cheras Leisure Mall. That’s like less than two minutes from the MRR2, and less than 10 minutes from KLCC. Well okay, that depends a lot on the traffic. On the other end of the project is two towers of low-cost flats, and beside it, there’s some existing secondary forest, not sure if there are plans to develop it in the near future.

When we visited the site, it seems to be located on an undulating ground, with the highest point much elevated than the existing road level. But according the them, they will be cutting and filling the levels to make a gentler slope.

Bayu Segar can rightly be said to be nearest to Taman Segar hence the name (Bayu Segar means ‘fresh wind’ in Bahasa Malaysia, although buyers are warned not to take the meaning too literally…) and the developers have gone for a limited series of luxury semi-detached homes, only 96 units available. There are also 4 bungalows situated certain corner lots, so not only are they bigger in size and layout, there have much larger plot size for the garden.

There are two types of semi-D units, namely A and B. Type A is a slightly more contemporary design with a single pitch RC roof, while that would make Type B the more conventional type in contrast, although the façade and architectural finishing for all units maintain a uniformly contemporary look. Type A is on a 40’ x 85’ (3,400sq.ft.) plot and build up at 4,320sq.ft. Type B was the earlier launch, and is on a larger plot of 40’ x 90’ (3,600sq.ft.) and bigger build-up of 4,980sq.ft.

Both types have two and a half floors, 5+1 rooms, and 6 baths. That means private attached baths to all rooms. Type B has a balcony at the master bedroom, but here they prefer to call it an ‘open terrace’. The highest floors houses a family area plus one room. Type B, oddly enough, gives far more porch space compared to type A, and it’s not only because of the extra 5 feet, so that might figure in the choice of units.

The bungalows are big, 5,900sq.ft. with 6,688sq.ft. of land area.

The land is freehold, so that will be an added plus. Semi-Ds cost from RM1.6million onwards up to RM2,6million, the difference in basically on the land size. Bungalows will set you back from RM3.1million above.

The entire development will have two separate access points, one at each side of the two phases. Other than the landscaped area and playground, the developers did not have much space to do anything else, but they have put some emphasis on the safety and security aspect of the development since will be concerns for homes of this type of price-tag. Besides being guarded and gated, there will be CCTV along the perimeter fencing, and the monthly maintenance fee will be primarily used to service it. There is no clubhouse or pools for this development.

So the question is, are the units worth the heavy price tag? We’re inclined to the affirmative, considering the good location, for those wanting to move up the luxury quotient yet stay within Cheras. In that sense it’s peerless. Comparatively, RM1.6million won’t get you a luxury condo in the KLCC, but of course it’s a different ball game. Here, we would think it would be for your own stay, and fewer investors comparatively. We like the façade design, and the low density keeps it exclusive, although it will stick out oddly in the surrounding homes.

Project Name	Bayu Segar
Location	Cheras
Description	Luxury semi-D and bungalows
Land type	Freehold
Encumbrances	Charged to OCBC Bank (M) Bhd
Price	semi-D: from RM1,636,450 to RM2,680,650 bungalows: from RM3,144,100 to RM3,260,250
Lot size	semi-D: 3,400 and 3,600sq.ft. bungalows: 6,688sq.ft.
Build-up size	semi-D: 4,320 and 4,980sq.ft. bungalows: 5,900sq.ft
No of units	Total: 100 96 semi-D and 4 bungalows
Launch Date	now available
Expected Completion	July 2009
Developer	Dian Warna Sdn. Bhd. (subsidiary of IJM Corporation)
Contact	03 – 9132 3266
Contact	rbland.com.my