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November 18, 2005

Real Property Gains Tax

We have always wanted to learn more about real property gains tax (RPGT) in Malaysia, and have been searching for online resources for awhile.

The term real property here is referring to landed property in Malaysia such as residential property (houses, condominiums, apartments), commercial properties (shop houses, commercial lots, factories and office buildings) and land. The property must be in Malaysian territory. Foreign property will not be subject to RPGT.

Capital gains are generally not subject to tax in Malaysia. Real property gains tax is charged on gains arising from the disposal of real property situated in Malaysia or of interest, options or other rights in or over such land as well as the disposal of shares in real property companies. The tax rates for Malaysian citizens and permanent residents are as follows:

Disposal within 2 years – 30%
Disposal in the 3rd year – 20%
Disposal in the 4th year – 15%
Disposal in the 5th year – 5%
Disposal in the 6th year and thereafter:
Company – 5%
Individual – nil

Citizens and permanent residents also enjoy an exemption of RM5,000 or 10% of the gains whichever is the greater, besides a one-time tax exemption on the gains arising from the disposal of one private residence.
For non-citizens and non-permanent resident individuals, gains from the disposal of real property within five years are taxed at a flat rate of 30%, after which the tax rate will be 5%.

The holding period is measured from the acquisition date of the real property up to the disposal date.

Anyway, the best Malaysia online resource we’ve found so far is this helpdesk by property giant Sunrise and this site where someone has even given some calculated examples.

For further reference, you can check out official MIDA site, and this one, too.

If any experts out there are willing to help out, you are most welcome. :)

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