Budget 2008: Reduction in Stamp Duty for Title Transfer

The Malaysian 2008 budget was tabled in Parliament two weeks back with numerous goodies for those shopping for a new home. The government hopes that these new measures would help stimulate the property sector in Malaysia.

For starters, the Stamp Duty for the Land Title Transfer for properties costing less than RM250,000 has been halved. This benefit is applicable for the purchase of one house for the whole of financial year of 2008.

Property           Price Stamp      Stamp Duty in 2007      Stamp Duty in 2008
House A            RM250,000              RM4,500                      RM2,250 (-50%)
House B            RM150,000              RM2,000                      RM1,000 (-50%)
House C            RM350,000              RM6,000                      RM6,000 (unchanged)

(Based on the current rate of 1% for first RM100,000 and 2% for RM100,001 to RM1,000,000)

With this new measure, I can foresee new home buyers benefiting in 2 ways:

• Significant Stamp Duty Savings
• Encouragement to property developers to provide more properties at sub RM250,000 price tag to entice home buyers to invest.

However new home buyers please note that in the home buying process, you will incur two major Stamp Duties namely the Stamp Duty for Title Transfer and the Stamp Duty for the Bank Loan Facility Agreement.

(Refer to Key Learnings – Lawyers Lessons 2 and Lawyers Lessons 3)

The Stamp Duty for the Bank Loan Facility agreement remains unaffected by the above changes. The current prevailing rates of 0.5% of Loan amount still prevails.

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Key Learnings - Lawyers Lesson 4 (Continue)

Hi all,

Welcome to my third and last installment on Lesson 2. This last instalment is on the Land title transfer charges as well as tranferring the Title Deed to the bank as charge.

  • Lesson 2.3 - Title Transfer

Land Title transfer is the most important as well as the most expensive legal process in your home buying process. It involves the division of the Master Title (as held by the developer) into individual land titles/deeds for the individual house buyers.

For the case of Condominiums/Apartments or Flats, individual Strata titles will be issued to all house buyers of the mentioned property.

In Malaysia, individual property owners would need to pay a Stamp Duty on the Title transfer. The total stamp duty is calculated based upon the purchased price (Price as documented in the SnP Agreement) and the amount payable can be calculated using the guidelines below

  •  For the 1st RM100,000      –>  1%
  •  For the next RM100,000 to RM2,000,000 –> 2%

Take for an example a property worth RM300,000. The Stamp duty for the title transfer will amount to almost RM5000.

As for the lawyer fees for this process, typically you will have to fork out roughly ~1/3 the amount that you have paid for your SnP Lawyer fees earlier.

Having Individual or Strata titles as soon as possible is important Read more »

No More Property Gains Tax in Malaysia

Great piece of news for house owners who intend to sell their property. The scrapping of the property gains tax would mean you get to pocket all the proceeds from the sale of your property, without having to share it with the government.

Quite a generous move by the Malaysian government, considering that the government will stand to lose tax revenue. However, this could actually boost the sluggish property market, as reports said.

Anyway, for you and me, it is good news and would certainly welcome it with open arms. One less headache to consider.

Previously, every Malaysian has one chance to be exempted from the property gains tax - on the sale of their first property. It applies to both gender, male and female, but the privilege for the girls will automatically be forfeited once the girl gets married. So, now it will be fair to both gender, which is good! :D

Read on for the news report on the scrapping of the property gains tax.

_____________________

By Chan Tien Hin and Stephanie Phang

March 22 (Bloomberg) — Malaysia has scrapped capital gains tax on property and will offer incentives to entice investment into the nation’s southernmost state.

Companies investing in tourism, financial services and certain other industries in the state of Johor, which neighbors Singapore, will be exempt from corporate income tax for 10 years, Prime Minister Abdullah Ahmad Badawi told an investment conference in Kuala Lumpur today.

Abdullah wants to encourage more investment to help boost growth in Malaysia’s economy, which has been outpaced by Singapore for 21 of the past 30 years.

The government expects the 382 billion ringgit ($109 billion) redevelopment of Johor to create 800,000 jobs in the next two decades and turn the area into an international destination for businesses and tourists.

“The incentives are very good on paper,” said Tan Teng Boo, who helps manage $100 million at Capital Dynamics Asset Management in Kuala Lumpur. “Still, it will be crucial to ensure that the follow-through and implementation of the project is efficient.”

The Kuala Lumpur Property Index gained 2.7 percent at the 5 p.m. close, outpacing a 1 percent gain in the benchmark Kuala Lumpur Composite Index. Selangor Properties Bhd., a Malaysian property developer, climbed 3.2 percent to 3.82 ringgit, while IGB Corp. rose 2.5 percent to 2.5 ringgit.

The April 1 abolition of tax on gains from property sales, first imposed in 1975, may cost the government 200 million ringgit a year, according to estimates by Sia Ket Ee, an economist at OSK Research Sdn. Removing the tax, which makes up 0.2 percent of government revenue, will help lure more foreign investments, he said.

‘Definitely Good’

The property measures are “definitely good” for the economy, said Quek Leng Chan, a Malaysian billionaire whose assets range from the Hong Leong Group to local cement producer Tasek Corp. and is estimated by Forbes to be worth $2.9 billion.

Growth in Malaysia’s $147 billion economy is expected to accelerate to a three-year high in 2007, the central bank said yetserday. Southeast Asia’s third-largest economy is forecast to expand 6 percent this year after growing 5.9 percent in 2006, Bank Negara Malaysia said.

The current capital gains tax on property is 30 percent within the first two years, falling to 5 percent by the fifth year, according the Inland Revenue Board’s Website. For foreigners, the tax starts at 30 percent for the first five years, and drops to 5 percent in the sixth and subsequent years.

Property Investments

“This is very good for the property and construction sector,” Suhaimi Ilias, an economist at Aseambankers Malaysia Bhd. in Kuala Lumpur, said of the measures announced by Abdullah today. “All these are what the market has been waiting for.”

Abdullah’s proposals may spur private investment in Malaysia, which Mohd Effendi Norwawi, Minister in the Prime Minister’s Department, today said declined 2 per cent in the five years to 2005. Norwawi expects private investment to increase 11 percent in the five years to 2010.

Malaysia started easing rules on property investments by foreigners in December, fueling speculation the country may introduce more measures to reinvigorate home sales as the central bank lifted its key interest rate three times between November 2005 and April 2006 to curb inflation.

Home sales in Malaysia fell to 85,153 units in the first half of 2006, 3.4 percent lower than a year earlier, the Real Estate Housing Developers Association said.

Foreign direct investments also fell 15 percent to 15 billion ringgit in 2005.

Transforming Johor

The decision to scrap the tax “is very good for the property industry,” said Choong Khuat Hock, who helps manage 400 million ringgit at Kumpulan Sentiasa Cemerlang Sdn. in Kuala Lumpur.

“Malaysia’s properties are one of the cheapest in Asia and they needed an impetus to crystalize the value. It shows the government is flexible and welcomes foreign investment.”

Malaysia is attempting to spur the development of southern Johor state, connected to Singapore by two bridges, by improving the region’s infrastructure. Singapore is attracting about $6.6 billion of investments from two casino-resort operators including Malaysia’s Genting Bhd., Asia’s biggest gaming company by market value.

The measures announced today are the latest in a series of incentives to encourage companies to plow funds in the country.

Malaysia has also cut its corporate tax rate to 27 percent from 28 percent this year, and offered incentives for real estate trusts and Islamic finance, where Malaysia is the world’s biggest issuer of Shariah-compliant debt.

Johor Chief Minister Abdul Ghani Othman told reporters today he’s expecting $40 billion of foreign direct investment in seven years in the Johor project, the so-called Iskandar Development Region.

Abdullah unveiled his plans at Malaysia’s biggest investment conference, attended by local investors and fund managers from cities such as New York and London.

Of Lawyers, SnP & Taxes

Now that we have shown our sincerity in buying the house by putting an earnest deposit (roughly 2-3% of the market value of the house) its time to call in the lawyers to seal the deal.

Lawyers

Either you love them or you hate. Then again they play a critical role in the transaction by ensuring that the rights of both parties ie you and the developer are protected.

There are a lot of lawyers in the market these days, both good and bad are available for hire. Certain developers do tend to make the buying process easier by providing a panel of lawyers for you to pick and choose.

My advice, get to know as much as you can from the lawyers in term of understanding your rights, the lawyers role and responsibility in the property purchasing process, and last but not least, the cost!!

However, don’t just be blinded by the cost, go for lawyers who are able to provide you with excellent service. Cause end of the day, its the service that counts.

 SnP (Sales and Purchase Agreement)

A legally binding agreement which is made between the buyer (you) and the seller (developer, owner etc). The agreement will document your purchase price, lot no, date (most important), your name, developers name and etc.

The document also spell out all the necessary terms and conditions as approved by Malaysian law. Honestly I havent seen one yet as I have yet to sign my SnP. However i was told that all Snp agreements are taken off a template that has been approved by the government.

 Taxes

A great man once said, “There’s 2 things thats certain in life, death and taxes”. Yupz, you have to pay taxes in order to buy a house. Thats the Malaysian Law and the taxes are called Stamp Duty.

In order to buy a house, you would have to pay a Stamp duty Tax on the SnP. This is actually the cost of transferring the land title of your house over to your name. Here’s how it is calculated

On the first $100,000 - 1%

On the next $100,000 to $ 4,900,000 - 0.7%

Note though that this is only payable to your lawyers in order to get the land title transferred to your name. In certain cases, you may save on this stampduty all together, but i am not gonna covered it here :)

The second tax that a buyer needs to pay is for the bank loan documents. Almost allnew and first time home buyers would have to pay for this unless of course, you’re buying you rnew home with cash. :)

The rates are as follows

0.5% of total loan amount.

This tax is payable upon signing the bank loan agreement.

 Hmmm other than that, there are a few more annual taxes that you’ll have to pay your local land authorities once you occupy your new home. We’ll cover that as we experience it. :)

Thats all for now… oh yah…never never pay your earnest deposit directly to the developer or the owner of the house that you plan to buy. Always go through a lawyer :)