RPGT - Real Property Gains Tax

Posted on 5:00 PM | By Smart Wealth Advisory | In

In the Budget 2010, Government has re-imposed the Real Property Gains Tax (RPGT). The RPGT will be fixed at 5% on the gains from the disposal of real property with effective from 1 January 2010. The RPGT for the first year is 5% and it’s same for second, third, fourth and fifth year.

Real Property Gains are gains derived from disposal, sell, convey, assign, transfer, settle or alienate whether by agreement or by force of law which fall under chargeable asset. All chargeable assets must be made during the year of assessment and all particulars must be furnished as requested.

Example to illustrate the calculation of RPGT payable

Ms.R purchased a property on year 2006 at RM100,000 and sold after or on 1st JAN 2010 at RM200,000 (within five years of the date of purchase). She made RM100,000 from the transaction and the gains are subject to 5% RPGT and the calculation will be:

RM100,000 (Property Gains) – RM10,000 (Waived Exemption) = RM90,000 (Taxable Gains)

RM90,000 (Taxable Gains) x 5% (RPGT Rate) = RM4,500 (RPGT Chargeable)

Thus, the RPGT chargeable to Ms.R will be RM4,500.

Allowable Loss

Allowable loss means a loss made after the disposal. Tax relief shall be allowed in respect of the following accrued:

1.If the disposal price is less than the acquisition price.
2.If the disposal price is equal to the acquisition price

(under Real Property Gains Tax (Exemption) Order 2009)

The flat 5% RPGT for the 1st five years will be implemented through the Real Property Gains Tax (Exemption) Order 2009. This Order has gazetted and take effective since 1st JAN 2010. Therefore, the existing rate of RPGT, which is within 30% to 5% as in Schedule 5 of the Real Property Gains Tax 1976, will no longer be applicable.

However, there are three circumstances where the property owner is exempted from the 5% RGPT.

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

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

* disposal of a residential property once in a lifetime.

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