Exemption
RPGTA has several provisions for exemption and among the provisions are:
-
Exemption under paragraph 2 of Schedule 4 RPGTA
The exemption under paragraph 2 of Schedule 4 is available to individuals only and is allowed as follows:
- Disposal of the whole share owned by an individual
The exemption is RM10,000 or 10% of the chargeable gain, whichever is greater. - Disposal of part of the whole share owned by an individual (with effect from 31.12.2015)
If an individual dispose part of his entire share, the exemption allowed is as follows:- relating to the disposal of real property
where,A X C B
orA
-
part of the area of the chargeable asset disposed
B
-
the total area of the chargeable asset
C
-
RM10,000
10% x chargeable gain, whichever is greater. - relating to the disposal of shares
where,A X C B
orA
-
the number of shares deemed to be a chargeable asset under paragraph 34 or 34A of Schedule 2 disposed
B
-
the total number of issued shares deemed to be a chargeable asset in relation to shares deemed to be chargeable asset under paragraph 34 or 34A of Schedule 2
C
-
RM10,000
10% x chargeable gain, whichever is greater.
- relating to the disposal of real property
- Disposal of the whole share owned by an individual
- 2. Exemption under section 8 of the RPGTA
- Exemption is granted on gain derived from disposal of a private residence. Individual is entitled to the exemption once in a lifetime.
- A private residence is defined as a building or part of a building in Malaysia owned by an individual and occupied or certified fit for occupation as a place of residence.
- Exemption under section 8 can only be granted on conditions:
- The individual is a Malaysian citizen or Malaysian permanent resident;
- Exemption is granted for a private residence only; and
- Election for exemption shall be made electronically via Form CKHT 3 through e-CKHT and shall be irrevocable.
No further will not be granted on gains from the disposal of subsequent private residence.
- The individual is a Malaysian citizen or Malaysian permanent resident;
- No election can be made where an exemption has been granted to an individual under the repealed Land Speculation Tax Act 1974 in respect of the disposal of a private residence.
- Exemption is granted on gain derived from disposal of a private residence. Individual is entitled to the exemption once in a lifetime.
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