Please enable JavaScript.
Coggle requires JavaScript to display documents.
UNIT TRUST, REAL PROPERTY GAINS TAX, REAL PROPERTY GAINS TAX, IHC,…
UNIT TRUST
ded exp
-
special ded for rental
10% of QE
- ded against adj Y of rental source
- :red_cross: c/f
QE
- alteration cost/alteration cost+P&M <= 75%
- site prep/site prep+P&M <=10%
-
-
-
unit holders
- taxed on share of total taxable income of unit trus distributed to them
- recd distribn net of tax (76%)
- can claim tax credit set off against tax chargeable
REAL PROPERTY GAINS TAX
every person R or not in Msia for YA shall be chargeable with tax iro cg accruing to him in that yr in the disposal of any chargeable asset
Chargeable Asset
RP
land situated in Msia
land to cover
- surface of earth
- earth below surface
- building on land and anything attached to buliding
- standing timber, trees
- land covered by water
interest, option, right over such land
-
if there are 10 disposals of chargeable asset, there will be 10 tax comp
CG
- net increase in value of chargeable asset, between time asset acq and when asset disposed
- exclude gains chargeable/exempt from tax under ITA
disposal price
Considn recd Less: Permitted exp
Less: IC
Acquisition price
-
-
RP acq bfr 1.1.1970 for a co, non citizen or non PR indiv, or non citizen or non PR executor
- actual CP ignored
- AP deemed to be MV at 1.1.2013
- exp incurred or recoveries recd prior to 1.1.2013 disregarded
-
-
Small chargeable asset
FULL exemption if:
- considn of disposal of non-share chargeable asset (RP) is <=200,000
- disposal made in 6th year or after
- disposal takes place on or after 1.1.2019
date of disposal
:red_cross:SPA
date of completion of disposal
- earlier of
- date when ownership is transferred
- whole amt of considn recd
-
-
allowable loss
tax relief
- ded from CG (after sch4 exemptn) from other disposals in SAME YA
- excess loss c/f set off CG until fully absorbed
NOT tax relief
- cannot carry backward to set off CG in earlier YA
- disposal not been included in return
- disposal of RPC shares
-
REAL PROPERTY GAINS TAX
-
-
-
Para 17
-
withdrawal of relief
approval may be withdrawn within 3 yrs if:
- trsferee ceases to be R
- cease to be in the same group - 17(1)(a)
- not to achieve geo - 17(1)(a)
- not to comply with govt policy - 17(1)(b),(c)
-
tax admin
tax withheld by acqr
disposer is citizen/PR
- lower of
- 3% of total considn
- whole money
- within 60d AFTER date of diposal
disposer is non citizen/non PR, co NOT incorp in Msia
- lower of
- 3% of total considn
- whole money
- within 60d AFTER date of diposal
-
-
if disposer not subject to tax: - furnish return with noti in prescribed form
- serve noti to acqr within 60d from disposal date
- penalty 10% on disposer for wrong noti
IHC
2 criteria
- main activity is holding of investmt (DIR)
- not less than 80% of gross Y(exempt or not)(exclude cap gain) is derived from holding investmt
-
-
unlisted IHC
- NO biz source
- PE are given special dedn from agg Y
- directors' fees
- wages, salaries, allowance
- mgt fees
- secretarial, audit, acc fees, telephone charge, printing, stationary and postage
- rent and other exp incidental to maintanence of office
- A x B/4C (restricted to 5% of gross Y fr chargeable DIR)
listed IHC
- separate biz source
- NO non-biz source
- treatment of exp for divd, int Y and rental Y (deemed biz Y):
- :red_cross:ded, does not prod income
- if direct exp+common exp > gross Y, ded restricted to gross Y
- excess exp disregarded
- :red_cross:c/f
- treatment of CA for divd, int, rental Y
- if CA > adj income, excess CA :red_cross:c/f
- special treatment for mgt fee (genuine biz Y)
- allowable exp+common exp > gross Y fr mgt fee, excess is CYBL
- set off agg Y
- excess c/f set off ASIB
- excess CA c/f set off adj income
EXECUTOR
-
expenses
:check:ded
- executor remu if involved in running biz of estate
- disbursement for beneficiaries who are minors
- annuity payable
:red_cross:ded
- executor remu if involved in mgt of estate only
- exp on liquidation of asset (capital asset)
- distribution (capital payment)
income
:check:taxable
- int income on resident executor - annuity recd by benef
- withdrawals from unapproved fund
:red_cross:taxable
- income recd in Msia from outside Msia - foreign source income which is not remitted
- int income from bank recd by NR executor
- int income from bank recd by deceased before his death
- distrib recd by benef
- death gratuities
- withdrawal from EPF
- Life insurance payment
-
income derived by estate during period of admin, from day after death
-
-
SETTLEMENT
anti avoidance meas
S 65(1)
- during lifetime of settlor, the settlor trsfr income or asset for benefits of any of relatives
- relative is unmarried at beg of YA
- relative not attained age of 21 at beg of YA
income of settlement will be deemed to be income of SETTLOR
-
:red_cross: include:
- trsfr is made for valuable and adequate considn
- results from court order
- agreement by empor to pay empee after empee's death
-
-
-
-
-
-
if EC no longer exist at time of disposal, EC is disregarded
excluded IC - exp allowable under ITA
capex which qualifies for CA under ITA will constitute part of permitted exp
if recoveries > (IC+considn pd), this amount to CG ( :red_cross:sch 4 exemption)
taxable in YA when recovery recd
consequently, where there is subsq disposal, acq will be nil
A = area disposed
B = Total area
C = 10,000
-
-