Real Property Gains Tax (RPGT)

With effect from 1 January 2022, the revised RPGT rates for the disposal of real property and shares in real property companies will be as follows:

RPGT Rates	Companies	Individuals (Citizens & Permanent Residents)	Individuals (Non-citizens & Non-Permanent Residents)
Disposal in 1st year	30%	30%	30%
Disposal in 2nd year	30%	30%	30%
Disposal in 3rd year	30%	30%	30%
Disposal in 4th year	20%	20%	30%
Disposal in 5th year	15%	15%	30%
Disposal in 6th year & beyond	10%	0%	10%

For disposal of property whereby state consent is required, the date of disposal shall be the date when such conditions have been complied with but not the date of SPA. However, genuine property owners who dispose their property can apply for exemption of RPGT under the following circumstances ie.

once-in-a-lifetime exemption for Malaysian individuals,
disposal by way of gift ie between parent and child, husband and wife etc.

Briefly, the computation of RPGT in Malaysia is as follows:-

Disposal Price (LESS allowable expenditure ie. upgrading and improvement costs to maintain or enhance the value of the property and incidental expenditure such as legal fees and stamp duty, agent fees, administration charges etc)
Acquisition Price (ADD incidental costs legal fees, agent fees, administration charges etc)

Taxable capital gains = A-B less RM10,000.00 exemption or 10% of the net gains, whichever is higher for an individual.

There are 3 circumstances in which the property seller is exempted from paying RPGT as follows:

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

Transfer of asset between spouses

Disposal of a residential property once in a lifetime

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[Image source: Image by jcomp]