Sales And Purchase Agreement A sales and purchase agreement (SPA) is a legal contract that obligates a buyer to buy and a seller to sell a product or service. SPA’s are found in all types of businesses but are most often associated with real estate deals as a way of finalizing the interests of both parties before closing the deal.
While purchasing a property, one will not feel secure by merely signing only the Letter of Offer and Letter of Acceptance, notwithstanding the vendor or the purchaser. This insecure feeling of will persist until the signing of the formal agreement – Sale and Purchase Agreement (‘SPA’). SPA is the main contract governing both parties and setting out the details like the agreed purchase price, conditioning precedents to be fulfilled, the payment manner, the details of the property, loan, the manner of delivery of vacant possession and any other arrangement in this buy sell event. Therefore, it is utmost important to understand every detail in the SPA because you are bound by whatever you sign.
This article will focus on the salient items in a SPA. There is no such thing as a standard SPA as the spirit of an agreement is to set out the terms mutually agreed by the parties. The purchase price is fixed upon signing the Letter of Offer, but the bargaining process continues during the period before the SPA is signed. The good news for home buyers in Peninsular Malaysia is where the lawmakers have laid down a set of SPA terms for the Developers to adopt in the Housing Development (Control and Licensing) Regulation 1989. The developers may only amend the stipulated SPA if they are offering better terms, ie. shorter delivery of vacant possession period or longer defect liability period. Although this set of SPA is only applicable when one buys residential properties from developers, it also serves as a good guideline for all other SPA terms to follow, ie. buying commercial property from developers, buying any property from sub-sale market. As a result, it will absolutely cut down the people who go to court due to the ambiguity of the SPA signed.
The most important factor in the SPA will be the manner of payment, regardless the vendor or purchasers. Purchasers must know the manner of payment of purchase price not only to manage his/her finance but also not to incur penalties by accidentally/unintentionally breaching the terms in the SPA. Purchasing a residential property from developers, the billing stages are stipulated clearly in schedule 3 of the SPA. The manner of payment in a sub-sale agreement will be less complicated as the transaction period is shorter and the property is usually ready for delivery. The common process will be the first 2-3% as a booking fee upon signing the Letter of Offer, the remaining 10% deposit is due during the signing of the SPA, then the remaining purchase price of 90% to be settled within 3 months after signing the SPA. In some events, it may be automatically extended for a further 1 month by incurring late payment interest. As mentioned, there is no standard SPA, one may decide to deviate from the norm if it is agreed by both parties.
What purchasing a property, your next major concern will be the time you can get the vacant possession. Vacant possession is a legal term that means the property is in a state fit to be occupied. In simpler words, this means the delivery of access keys and cards to your newly purchased property. For residential development by developers, vacant possession has to be delivered within 24 months for landed property and 36 months for high rise stratified building. On the other hand, delivery of vacant possession for sub-sale is usually 3 – 5 working days after the purchaser settle the full purchase price. The SPA is subjected to the tenancy when the purchaser is purchasing a tenanted unit. The purchaser will be getting the legal possession as the owner of the property but not the keys to the unit. Effectively, the rental and deposits shall be delivered to the purchaser by way of assignment of tenancy.
If you have purchased a house in secondary market, you will not notice the ‘Defect Liability Period’ clause in the SPA. A defects liability period is the warranty period which the Developer is contractually obliged to repair the defects which have appeared within the period of time due to defective in construction works and material. Contrary to the privilege of having developer’s warranty, the purchase of sub-sale properties requires sufficient due diligence of the purchaser when viewing and inspecting the property before entering into the SPA. Due diligence includes checking every part of the house especially sewage, piping, leakage, electrical appliances, rooting and any other fixtures and fittings to prevent any undesirable situation arise. Should the purchaser require the repair of anything prior to vacant possession, the purchaser shall make sure his/her lawyer inserts this in the SPA.
Be meticulous, be scrupulous. Do not make assumptions but make sure. No purchaser will want to jeopardize his/her deal or ruin your happiness due to your own carelessness. It is always prudent for the parties to inform their lawyer accordingly of their intentions and to enquire the available protection for anything that matters in the sales and purchase transaction during the drafting of the SPA, not after signing on the dotted line.
Signing the Letter of Offer, Sales & Purchase and Loan Agreement
Signing the Letter of Offer
Upon selecting the bank which provides the best offer, the borrower will then need to sign the Letter of Offer. Both parties will need to agree on the price, and upon agreeing to sign the Letter of Offer, the borrower will then need to pay a deposit of 2% to 3% of the purchase price.
The deposit of 2% to 3% is usually paid to a neutral party, often an agent as a stakeholder account. The agent is often referred to as an escrow agent – a grantee.The remaining amount of the purchase price, which adds up to 10%, is usually paid after the Sales & Purchase Agreement is signed.
Signing of the Sales & Purchase Agreement
Following the Letter of Offer, the purchaser will next need to sign the Sales & Purchase Agreement (SNP/SPA). The property buyers are usually given a period of between 2 to 3 weeks to sign the S&P agreement, otherwise they will need to ask the bank for an extension of the Letter of Offer.
Within the time period allocated, the property buyer’s lawyer will need to draft the SNP, conduct the relevant title searches, and get both the buyer and the seller to agree to the various clauses. Upon both parties reaching an agreement, the SNP will then need to be signed in front of the lawyers. A few copies of the SNP will be created, which the purchaser will need to sign all the copies.
It is during this period that the remaining of the downpayment will need to be paid. So if the purchaser has already paid the 2% or 3% during the Letter of Offer stage, they will now need to pay the balance.
The typical causes of delay in this stage is when the money for the balance is stuck in a Fixed Deposit account, or is located overseas. In these situations, there might be delays in transferring the money back to Malaysia to make the payment.
Upon receiving the balance of the money, the purchaser will then need to sign all the S&P copies. However before signing, the purchaser will first need to ensure that all the salient details are accurate. The details that should be checked and must be correct .
Signing the Loan Agreement
Upon signing the S&P which dictates the terms between the buyer and seller, the next document that the purchaser will need to sign is the Loan Agreement. The Loan Agreement is the agreement that is signed between the purchaser and the bank. This document will state all the terms of the loan. The Loan Agreement is usually skewed to the bank’s interest, protecting the bank.
The costs of creating this document will however be borne by the purchaser.
If necessary, a Deed of Mutual Covenant will also have to be signed. The Deed of Mutual Covenant (DMC) is an agreement that is usually applicable only to multi-unit or multi-storey building. It regulates the rights of the owners, and all the subsequent owners of the unit.
Another document that the purchaser may need to sign is the Memorandum of Transfer (MOT). The MOT is a document that is signed to change the ownership of the unit from the previous owner to the next owner.
Purchasers of completed sub-sale developments will be able to sign the MOT immediately – which will require payment – while purchasers of developments still under construction will need to wait for the development to complete, and wait for approximately 6 months before they will be able to sign the MOT.
Malaysia My Second Home Eligibility
The MM2H programmed is open to all countries recognized by Malaysia but the programmed has numerous requirements. These requirements include a minimum monthly income, minimum liquid assets, a fixed deposit, plus various other rules. The exclusion of foreign spouses of Malaysian citizens was removed in February 2009 and they are now allowed to apply for the MM2H visa. Effective 2009 applicants are not required to use the services of an approved government agent. If you do choose to use an agent they must be authorized by the Ministry of Tourism. These companies have the initials “MM2H” in the company name.
Upon Application – Financial Requirements For MM2H
Applicants are required to show they have sufficient financial resources to live in Malaysia without seeking employment or other assistance from the government.
Applicants under 50 are required to show liquid assets above RM500,000 and a monthly income of over RM10,000 (equivalent).
Applicants over 50 have to show liquid assets over RM350,000,and a monthly income over RM10,000. Applicants who receive a government pension used to be exempted from making any fixed deposit although recently this exemption is no longer being given.Applicants over 50 have to show liquid assets over RM350,000,and a monthly income over RM10,000. Applicants who receive a government pension used to be exempted from making any fixed deposit although recently this exemption is no longer being given.
Acceptable liquid assets for people over 50 include cash in the bank, bonds and securities.
Upon Approval – Fixed Deposit Requirements For MM2H
Approved applicants over 50 receiving a pension from a Government in excess of RM10,000 a month can request exemption from making the Fixed Deposit. All others have to make a Fixed Deposit as follows.
i) MM2H Applicants aged below 50 years old:
- Must place a Fixed Deposit in a bank account in Malaysia of RM300,000
- Can withdraw up to RM150,000 for the purchase of house, medical insurance or children’s education expenses after the deposit has been placed for one year
- Applicants can use their car purchase grant to withdraw part of their Fixed Deposit after two years.
- Must maintain a minimum balance of RM150,000 from second year onward and throughout stay in Malaysia under this program me.Car purchase (copy of Car Grant issued by the Road Transport Department. Receipt of booking fee is NOT ACCEPTED)
ii) MM2H Applicants aged 50 years and above:
- Must place a Fixed Deposit in a bank account in Malaysia of RM150,000
- Can withdraw up to RM50,000 of the fixed deposit after one year to purchase of house, medical insurance or children’s education expenses.
- Applicants can use their car purchase grant to withdraw part of their Fixed Deposit after two years.
- Must maintain a minimum balance of RM100,000 throughout their stay in Malaysia under this programme.Car purchase (copy of Car Grant issued by the Road Transport Department. Receipt of booking fee is NOT ACCEPTED)
iii) MM2H Applicants who have purchased a house (or houses) with a total value of RM1 million and above.
- Must show evidence of ownership and full payment of the property.
- Must have been purchased within 5 years of application for MM2H visa.
- Will have to place a Fixed Deposit in a bank account in Malaysia of RM150,000 if under 50, and RM100,000 if over 50.It should be noted that the fixed deposit does not have to be placed until after the applicant has received a letter of “conditional approval”. This letter sets out the steps that have to be completed before the visa is issued. This usually consists of placing the Fixed Deposit, having a medical examination in Malaysia and obtaining medical insurance for Malaysia. Once these steps are completed the visa can be collected from the Immigration Department in Putrajaya.
Employment/Business Investment Rules for MM2Hers
MM2H visa holders aged 50 years old and above can work for up to 20 hours a week. This is applicable to visa holders who have specialized skills in certain approved sectors. We are advised the decision on whether to approve part time work is based on the approving committee view on whether a Malaysian could do the job.MM2Hers are permitted to set up and invest in businesses in Malaysia. They will be subject to the same regulations as other foreign investors but will not be permitted to become actively involved in the day to day running of the business. If they wish to do this they must switch their visa to a work permit.
Sponsor/Security (Personal) Bond
All applicants require a Malaysian sponsor to support their application. In addition they will be required to place a Personal Bond of up to RM2000 before the visa will be issued. If the applicant uses an agent then the agent will become the sponsor and the agent is also required to place the Personal Bond for the applicant.
Insurance Coverage and Medical Report for MM2H
Applicants and their dependents must possess a medical insurance coverage from any insurance company that is valid in Malaysia. This may be waived for older applicants who are denied coverage because of their age. All applicants and their dependants are required to have a medical examination from any private hospital or registered clinic in Malaysia. Both these conditions are met after the letter of “conditional approval” is issued.
Applicants are allowed to bring along their dependents (children below 21 years of age, step children, disabled children, and parents) under their MM2H visa. Older dependent children will have to get a separate visa. Dependants attending school in Malaysia are also required to apply for a Student Pass which allows them to continue their education in schools or Institutions of Higher Learning recognized by the government.
Each participant is allowed to purchase an unlimited number of residences above the minimal applicable price set for foreigners buying property in the State where they make the purchase. In most cases the minimum price is RM1,000,000 although some States, like Penang, have lower minimums for Mm2H visa holders. All purchases must be approved by the State authorities. Certain types of property cannot be purchased by foreigners e.g. those on ‘Malay Reserve’ land.
Successful applicants are subject to Malaysian taxes on income sourced from Malaysia but income from overseas is not taxable. Even when foreign income (for example, a pension) is taxed at source by the overseas country they will stop this, once evidence is shown that the person is resident in Malaysia.
Approvals are given subject to security vetting clearance conducted by the Royal Malaysian Police. Applicants will also have to show a police clearance certificate (letter of Good Conduct) from their home country to show they do not have a criminal record.
Successful applicants are not permitted to participate in activities that can be considered as sensitive to the local people like political or missionary activities.
Home Loan @ Choosing the right home loan package respectively.
Buying a house is a huge financial decision, there are many types of loans in the market that you can take to pay for the property you intend to buy. How do you know which is the best for you? Take a look at the four most common home loan packages in Malaysia.
This is the most conventional of all the loans. You pay interest and principal throughout the tenure. A term loan has a maximum tenure of 35 years or age 70, whichever comes first, in Malaysia. For example, your monthly installment of RM2,129.66 will consist of RM442.16 being the principal amount and RM1,687.50 being interest incurred. You will pay more interest and less principal in the initial years of repayment. If you would like to pay more to finish the loan earlier, you will need to inform the bank before hand in order to reduce the principal. You will have to do that as otherwise the extra payment will go towards prepayment for the following months.
For overdraft, the borrowers only pay interest portion without having to pay the principal. How much interest you are charged will depend on how much you have utilised the overdraft facility. Overdraft is good for businesses, apart from withdrawing only what they need to meet commitments. Any surplus funds at anytime can be deposited into the overdraft account, therefore reducing the overdraft balances and consequently, the interest charged, which is calculated on daily rest.
Flexi loan is a hybrid between a term loan and overdraft. The borrowers will still need to pay the monthly instalment but can do any additional repayment at any time without informing the bank. The additional repayment will go towards reducing the interest charged on the flexi-loan facility as the principal owing to the bank has now been reduced. This facility makes use of the current account to operate. Be extra careful when you choose this package from the banks as there are banks that charge extra when you pay more towards reducing the principal.
Islamic loan uses the Murabahah concept under syariah principle. Under the Islamic concept of lending, banks will buy the property from the borrower and then rent it back to them. The bank will determine the profit rate in advance after considering the tenure duration. You have a choice to choose either the fixed interest rate or the floating rate. The interest on the floating rate is lower than the fixed.
Do keep in mind that the approval for whichever loan you apply for will depend on many factors – not just your credit score including whether you have a criminal record (burglary, arson, fraud, murder, etc), stable income, existing loans (car, student, personal, etc), credit card debt, and more. If you have a felony on your record, banks may still approve your loan but your interest rate will be higher than normal.
Malaysia My Second Home Programmed is initiated and promoted by the Government of Malaysia, to allow foreigners to stay in Malaysia for as long as possible, on a multiple-entry Social Visit Pass.
The programmed is open to all nationalities regardless of race, religion, gender or age; where applicants are allowed to bring their spouses and unmarried children below the age of 21 and parents ( above 60 years old), as dependents. The Social Visit Pass is initially for a period of Ten years and is renewable.
Malaysia, Situated in the heart of South East Asia, reflects the very essence of Asia, a bubbling, bustling melting pot of races and religions, where various ethnic groups live together in peace and harmony. The country has much to offer, not least, of which is a low cost of living, make more attractive with relatively high standards of living.
The rapid economic growth of Malaysia has resulted in substantial investment towards infrastructure and the continuous upgrading of facilities to world-class standards. Yet, in spite of rapid growth, Malaysia has not lost its traditional cultural essence and is well-known for its extreme contrasts, which further add to its ” diversity” towering skyscrapers look down upon wooden houses built on stilts, while five star Hotel sit jest meters away from ancient reefs. All this and more has made Malaysia a perfect choice for as my second home.
Malaysia is made up of two distinct geographical parts – Peninsular Malaysia to the west and the state of Sabah and Sarawak on Borneo Island to the east, both of which sit just north of the equator and separated by the South China Sea. Peninsular Malaysia has a border with Thailand to the north and the island of Singapore sit offshore in the south, while Malaysia Borneo shares borders with Brunei and Indonesia.
The total area of Malaysia is approximately 330,000 square kilometer, with most of it located on the island of Borneo. Peninsular Malaysia only comprises approximately 40% of the total area.
Malaysia is not located within the Pacific Ring of Fire Zone, making it free from major natural disasters such as volcanoes, tsunami, typhoons and earthquakes.
The country enjoys a tropical climate, with weather that is pleasant, warm and balmy with moderate rain throughout the year. There are also highland residential areas and resorts with permanent spring-like weather throughout the year, which temperatures are between 15″c (59″F) to 25″c (77″F).
The People of Malaysia
Malaysia is a multi-racial country consisting of Malays, Chinese, Indians and numerous indigenous people. Having lived together for generations, all these cultures have influenced each other creating a truly Malaysia culture.
Culture – A land of charming Diversity
Malaysia is a mosaic of cultures, owing to its colourful historical past and being part of the international spice route many hundreds of years ago. The amalgamated culture is a colorful heritage that is still a large part of daily life practices, despite urbanization of the cities.
The English language is well established as an international language of choice with a large number of people conversing in fluent English. This makes Malaysia especially attractive to native English speakers or those speak enough English to communicate.
Recreation & Entertainment
Recreation and entertainment facilities are abundant in Malaysia, owing to the year – round pleasant weather and natural wonders of its tropical environment. The country has everything for the family, or for individual pursuit of fun and creation – theme parks, jungle trails, world – class cinemas, performing arts theaters and art galleries, sports facilities, water sports and golf courses.
Food and Fruits in Malaysia
Malaysia food is a varied culinary spectrum, originating from Malaysia’s multi-ethnic population. Malaysian relish and celebrate their diverse food, which include an eclectic mix of international food as well; to suit all tastes and budgets. Indulge in gourmet cuisine created by amazing chefs in designer restaurants, or sample an endless amount of treats found at malls, store- fronts, street-side hawker stalls or the 24-hour local ‘mamak’ restaurants; which are run by Muslim-indians. The best part is that eating out is thoroughly affordable in Malaysia.
Shopping – experience the indoor and outdoor shopping.
Malaysians love shopping, which is why there is a huge number of luxury malls, as well as the local street-side stalls and stores. Local regulations ensure items are price-tagged and prominently displayed, Particularly at department stores in shopping mall where prices are fixed. Upmarket shopping malls where everything is designed for shopper convenience; contain banks, foreign currency exchange counters, supermarket, restaurants, entertainment centres such as complexes and bowling alleys and hundred of shops offering a tremendous range of goods.
For interesting curios and local face, shoppers can visit one of the many weekly flea markets and night markets – ” Pasar Malam” where haggling is a much required skill and presents an interesting insight into the live of the locals.
Malaysia – Future Development
High Speed Rail (HSR)
High Speed Rail expected to be completed in year 2026, with the ripple effect of the project, development in Malaysia looks set to surge, as the newly-accessible prime estate along the tracks awakening now-sleepy towns hosting transit stations.
Future Development – Bandar Malaysia
Foreign Universities Branch-Campus
- Xiamen University Malaysia Campus
- Monash University Malaysia
- The University of Nottingham Malaysia Campus
- De Montfort University
- Heriot-watt University Malaysia
- Manipal International University
Local University Branch Campus
- Taylor’s University College
- Sunway University College
- Inti International University College
- Limkokwinf University of Creative Technology
- University College Sedaya International
- Alice Smith School
- Australian International School
- French School
- Say fol International school
- International School of Kuala Lumpur
Mаlауѕiа real estate
Malaysia’s property аnd construction induѕtriеѕ соntinuе tо аdvаnсе thе country’s есоnоmу, аѕ wеll as its social dеvеlорmеnt.
The Mаlауѕiаn есоnоmу iѕ аt a реriоd whеn it is аblе tо grоw sustainability, еvеn during a glоbаl ѕlоwdоwn. At the centre оf itѕ оngоing development iѕ the country’s robust рrореrtу and соnѕtruсtiоn induѕtriеѕ, whiсh, аѕ well as attracting global investment, аlѕо mаkеѕ social development a rеаlitу.оf bооming рrореrtу, whiсh iѕ why thе сurrеnt slowdown iѕ рrоmоtеd bу thе сеntrаl bank tо еnѕurе growth is more ѕuѕtаinаblе in the long-term, and with nеw infrastructure ѕреnd bу thе gоvеrnmеnt, thiѕ will open uр new areas fоr рrореrtу dеvеlорmеntѕ аnd townships.
SOME FACTORS THAT AFFECT PROPERTY VALUE IN MALAYSIA.
Firѕt оf аll, thе lосаtiоn itѕеlf iѕ thе mаin fасtоr thаt will аffесt thе рrореrtу vаluеѕ in Mаlауѕiа. If a рrореrtу iѕ сlоѕе tо school, shopping mаll, bаnk, trаnѕроrtаtiоn facility, hоѕрitаl, rеѕtаurаnt, сhurсh, temple, аirроrt оr any оthеr рlасеѕ that саn рrоvidе соnvеniеnсе tо thе реорlе staying at thаt area, thаt раrtiсulаr рrореrtу will definitely has a high рrореrtу vаluе thаt will attract mоrе реорlе thаn аnу property.
Whеn it comes tо rеаl estate, thе рrinсiрlе оf ѕuррlу аnd dеmаnd rеfеrѕ to the ability оf people to pay fоr rеаl еѕtаtе соuрlеd with thе rеlаtivе ѕсаrсitу of real еѕtаtе. Thе рrореrtу vаluеѕ will bе driven up bу thе condition оf high dеmаnd соuрlеd with a certain purchasing роwеr аnd a ѕhоrt ѕuррlу due to the ѕсаrсitу оf land. In соntrаѕt, thе рrореrtу values will experience a drop when реорlе dеmаnd lеѕѕ оf it while mоrе ѕuррlу enters thе mаrkеt.
Lеt’ѕ take fоr еxаmрlе Pеnаng, bеing the ѕесоnd ѕmаllеѕt ѕtаtе in Mаlауѕiа juѕt after Perlis in terms оf geographical соvеrаgе уеt is thе еighth mоѕt рорulоuѕ with 1.56 milliоn оf residents according to thе рорulаtiоn аnd housing сеnѕuѕ, Mаlауѕiа 2010 whiсh is соnduсtеd for еvеrу tеn years. Pеnаng whiсh hаѕ an average оf 1, 490 persons реr ѕԛuаrе kilоmеtеr iѕ the ѕесоnd mоѕt dеnѕеlу populated ѕtаtеѕ аftеr Kuаlа Lumpur. Thiѕ high lеvеl of population density рutѕ competing рrеѕѕurе оn land uѕе whiсh rеѕultѕ in thе riѕе оf property рriсеѕ as dеvеlореrѕ will рut more expensive price tags on their рrоjесtѕ due tо thе high-lаnd costs. Bеѕidеѕ, thе lurе аѕ a tоuriѕt dеѕtinаtiоn and a ѕесоnd hоmе for fоrеign rеtirееѕ iѕ аlѕо one оf thе factors thаt rеѕultѕ in a grеаtеr dеmаnd оf Pеnаng рrореrtу. Aѕ a rеѕult, the ѕhоrt ѕuррlу due tо scarcity оf land аnd thе high demand frоm both fоrеign аnd lосаl buyers iѕ thе mаin reason whу Pеnаng рrореrtiеѕ рriсе аrе high аѕ compared to say, Kelantan.
A property рlасеd near a bоdу оf wаtеr саn fetch уоu a hаndѕоmе price соmраrеd to a рrореrtу which is not. A рrореrtу fасеd with a rоаd junсtiоn оr built аt a dead-end road can have a lоwеr рriсе аѕ compared to another рrореrtу in thе ѕаmе аrеа whiсh is nоt. In thiѕ wау, people will соnѕidеr саrеfullу thе роѕitiоn аnd placements оf thе рrореrtу which in turn mаkеѕ a wеll рlасеd оr well designed рrореrtу mоrе аttеntiоn-gеtting аnd fаvоrаblе.
Thе government’s intrоduсtiоn аnd revision оf itѕ рrореrtу rеlаtеd policies аlѕо played a kеу rоlе in determining thе value of рrореrtiеѕ. The еxеmрtiоn revision оf real рrореrtу gains tax (RPGT) hаѕ increased thе intеrеѕt оf a ѕmаll group оf people on thе рrореrtу market. Additiоnаllу, Malaysian gоvеrnmеnt iѕ рuѕhing out a ѕеriеѕ оf inсеntivеѕ tо mаkе its рrореrtу mаrkеt mоrе attractive tо fоrеign invеѕtоrѕ whо will еvеntuаllу bring in external cash flows. Bоth of these асtiоnѕ have еnhаnсеd the рrореrtу vаluеѕ. In addition, thе build thеn sell (BTS) соnсерt has been rеviѕеd. It has inсrеаѕеd thе confidence оf buуеrѕ аnd created dеvеlореrѕ who аrе mоrе соnѕеrvаtivе leading to higher value оf рrореrtу.
inflаtiоn аlѕо hаѕ аn imрасt оn рrореrtу values in Mаlауѕiа. At itѕ mоѕt basic level, inflation is ѕimрlу a rise in рriсеѕ and a fаll in thе рurсhаѕing vаluе оf mоnеу.Lеt’ѕ take аn еxаmрlе; again using Pеnаng whеrе thеrе is a news (year 2015) announced that “thе ѕеlling price оf рrореrtiеѕ in Penang will soon ѕurgе by 5%-10% following thе rесеnt mоvе bу Lаfаrgе Malayan Cеmеnt tо rаiѕе сеmеnt рriсеѕ bу about 6%”, ассоrding tо thе Pеnаng hоuѕе developers. A hikе in cement рriсе simply means the рriсе оf соnсrеtе rооf tilеѕ, сеmеnt ѕаnd briсkѕ аnd all thе оthеr сеmеnt-rеlаtеd рrоduсtѕ will riѕе. On аvеrаgе, 50% of building mаtеriаlѕ uѕеd in рrореrtу dеvеlорmеnt соmрriѕеѕ сеmеnt аnd сеmеnt rеlаtеd products. Therefore, ѕuсh inflation will leads tо аn increase in соnѕtruсtiоn соѕtѕ аnd thе buуеrѕ аrе the оnе whо ultimаtеlу bеаrѕ the cost. Bеѕidеѕ, thе inflаtiоn also has bееn caused bу thе trаnѕроrtаtiоn and lаbоr соѕtѕ that are inсrеаѕеd nationwide.
Lastly, thе vacancy lеvеlѕ will аlѕо have a ѕignifiсаnt соntributiоn tоwаrdѕ the рrореrtу values in Mаlауѕiа. Fоr illuѕtrаtiоn, when thе unеmрlоуmеnt rаtе iѕ high, the buyers and invеѕtоrѕ will not hаvе enough capital to invеѕt in a property сrеаting a ѕituаtiоn of ѕtrоng rеntаl ѕаlеѕ. In соntrаѕt, thе lоw unеmрlоуmеnt rаtе will mоtivаtеѕ thе buуеrѕ аnd investors tо involve themselves in рrореrtу investment асtivitу eventually lеаding tо a higher рrореrtу vаluеѕ
REAL PROPERTY GAIN TAX
The Real Property Gain Tax (RPGT) is a tax chargeable on the profit gained from the disposal of a property’s in Malaysia which is payable by a seller.
For example, A man bought a piece of property in year 2000 at a value of RM500,000. Subsequently, A man sold the property to A girl at the value of RM700,000 then the RPGT is calculated for RM200,000 profit gaining from the disposal of the property.
Deductible of gain tax after
- Renovation costs
- Stamp duty
- Valuation fees
- Legal fees, Agent fees
Tax Rate of RPGT for Malaysian & PR (Individual)
- Disposal within 3 years from purchased 30%
- Disposal 3 to 4 years from purchased 20%
- Disposal 4 to 5 years from purchased 15%
- Disposal after 5 years from purchased Nil
Tax Rate of RPGT for Malaysian & PR (Company)
- Disposal within 3 years from purchased 30%
- Disposal 3 to 4 years from purchased 20%
- Disposal 4 to 5 years from purchased 15%
- Disposal after 5 years from purchased 5%
Tax Rate of RPGT for foreigners (individual)
- Disposal within 5 years from purchased 30%
- Disposal after 5 years from purchased 5%
- An individual will be given an exemption equal to Rm 10,000 or 10% of the chargeable gain, whichever is greater.
- Malaysian citizen and permanent resident will be entitle once in a lifetime exemption on any chargeable gain arising from the disposal of his private residence
- Transfer and transmission from deceased to beneficiaries
- Transfer between Spouses, parent and child, grandparent and grantchild
- Transfer to trustees.
Discontinuation of The Reduction Of Fixed Deposit Placement Based On Property Purchase And MM2H Approval By Government Pension
Kindly be informed that MM2H Center has discontinued the reduction of Fixed Deposit placement based on property purchase worth RM1 million and above in Malaysia.
Also discontinued is the MM2H approval by government pension for MM2H applicants aged 50 years and above. This means all MM2H new participants must place Fixed Deposits to join this programme. This does not apply to existing MM2H participants who were approved under government pension.
LETTER OF GOOD CONDUCT (LOGC) FROM CHINA
Kindly be informed that effective 1st May 2018 Letter of Good Conduct (LOGC) from CHINA must be submitted following new procedures. Please refer to the new guidelines on LOGC
ANNOUNCEMENT FOR CAR TAX INCENTIVE UNDER MM2H PROGRAMME
Please refer to the link below:
Tax Incentive Under MM2H Programme”
“MM2H ONLINE APPLICATION SYSTEM
MM2H online application system can be accessed through URL http://mm2honline.motac.gov.my
For further guidance, please refer to the user manual link below:
MM2H Applicant User Manual (Check and Track)”
PRIMA 1 (One Malaysian Housing Scheme)
What is it?
PR1MA, short for skim Perumahan Rakyat 1Malaysia (1Malaysia People’s Housing scheme), is a program-me to build more affordable housing for Malaysian citizens. It was launched by Prime Minister Najib Tun Razak in July 2011, and established under the PR1MA Act 2012. It is managed by the government-owned Perumahan Rakyat 1Malaysia Berhad (PR1MA Corporation Malaysia) under the Kementerian Perumahan dan Kerajaan Tempatan (Ministry of Housing and Local Government).
Why was it introduced?
PR1MA aims to provide high quality yet affordable housing for middle-income households. The housing developments under the PR1MA programme are located in major cities and towns across Malaysia, and provide greater ownership as well as improving quality of life among the people.
Where can you find PR1MA housing?
Currently there are approximately 86 PR1MA development projects all around Malaysia (based on the number of projects listed in their website), located in key urban areas of different states. Some are already closed, but many others will soon be open to applicants, so it’s best to check back every so often to see if any developments in your desired area are available. Some notable locations include Ampang Jaya (KL), Seremban, Melaka, Johor, Pulau Pinang, Ipoh, Sungai Petani, Pasir Puteh, Kuala Terengganu, Sandakan, and Kuching, among others.
How much do PR1MA homes cost?
Houses built under the PR1MA programme vary in size and type to suit different household needs. As such, they are priced between RM100,000 to RM400,000 in order to fit the budget of low- and middle-income citizens.
What are the criteria to be eligible for the PR1MA scheme?
Applicants must fulfill 4 basic requirements in order to be eligible for PR1MA:
- Must be a Malaysian citizen
- 21 years of age and above
- Individual or household income between RM2,500 – RM15,000
- Own no more than 1 property, if any
How can I apply for PR1MA housing?
If you fulfill the basic requirements to be eligible for the programme, just head on over to the PR1MA website. Simply register for an account, upload the required documents, apply for developments that you are interested in, and wait for the balloting results to see if your application is successful. If you have been chosen, congratulations are in order, but even if you aren’t, don’t give up and try again for other PR1MA developments or other government housing schemes!
Goods And Services Tax
For residential property which is used as home office the tax ability of the property will depend on the approved use of the building in the Approved Layout Plan and Development Order ( Surat Kebenaran Merancang). If the building is approved for Mixed Development Purposes ( i.e. commercial and residential) by the relevant local authority and the approved layout paln and approved layout building is for Dwelling Purpose, the sale and lease of the property will be exempt. However if the building is approved for non-residential use such as office use then the sale and lease of the property will be taxable.
If a residential building built on commercial land like SOHO need to pay GST? The guideline is based on actual usage of the property like design and features. Same goes for vacant land. Residential land is exempted from GST. If SOHO is under HDA (Housing Developer Act) then it is obviously under residential usage and therefore is exempted from GST. What if is commercial usage house along Jalan Maarof? Their usage is commercial, so need to pay GST. Unless you are staying in one of the houses there and used it as residential purposes.
In the case of non residential land , individual is treated as business and therefore must be register for GST , if he has at any one time in his ownership;
- More than two commercial properties and who sells one and the value of the sale plus all other business income is more than the threshold
- More than one acre of commercial land and who sell one and the value of the sale plus all other business income in more than the threshold
- A singular and non cumulative commercial property of land that is worth more than RM 2 million.
Can a purchaser choose not to pay GST to the vendor? Purchaser can easily check whether the vendor is registered under the GST from www.gst.customs.gov.my. Purchaser has the right to purchase the commercial properties from a non registered vendor.
In Malaysia, carrying business can be through business vehicles of sole proprietorship, partnership, limited liability partnership or even private limited companies (Sdn Bhd). Each of these business vehicles are termed as a separate GST entity and must be registered with the RMC individually.
Sole proprietorship is under personal name, we have to add all business income all together and if exceeded Rm500,000, have to pay GST. IT is also can be voluntary registration but after registered shall remain for a period of at least 2 years. In the case of non residential land individual is treated as
Will Vendor/Landlord be charged GST for sale/rent of Commercial Property ?
- Vendor/Landlord must be a GST registered person (Taxable Person)
- In the course of furtherance of business of the Vendor/Landlord
- Property is located in Malaysia
- A person is liable to registered if his total taxable supply of the current month and the next 11 months exceeds Rm500,000.
- Any individual owning commercial property at any one time:-
- Make a supply of two commercial properties or commercial land not exceeding 1 acre would be treated as not carrying out business even if the sale is more than RM500,000 in a 12 months period;
- Would also be treated as not carrying out business if there is no intention of making a supply;
- Make a supply of rental services on such property is liable to be registered when the turnover for such supply exceeded the threshold amount of Rm500,000.
- GST is chargeable for commercial use rented property if the rental services on commercial property are liable to be registered when the turnover exceeded the threshold of RM500,000.
- Residential Used Property
- Agricultural Property
- General Use eg burial ground, playground, religious property
- No GST for rental derived from residential properties
Supply of Goods in Property Transaction
Definition as per Clause 2(1) of first schedule of GST Act:- Any transfer of The whole right of ownership of land; Land under an agreement for the sale of such land. Land under agreement which expressly stipulated that the ownership of such land will pass at some time in the future (subject to state consent) ; any interest under Deed of Assignment; or any strata title; is a supply of goods.
In the case of land, any individual is supplying commercial property for any license to occupy, rights to use, lease, rent or easement and annual turnover for such supply is more than the prescribe threshold in the 12 months period is treated as carrying out a business.