In Malaysia, Real Property Gains Taxes (RPGT) means the taxes levied on disposal of chargeable assets such as houses, commercial buildings, vacant lands, farms, etc. Irrespective of the residential status of Malaysia, the same is taxable on the gains accrued on the disposal of chargeable assets situated in the Malaysia. In this article, we would be giving a brief overview of the same.
Key Takeaways
- RGPT rates vary: 30% for disposals within the first three years, gradually reducing to 0% for Malaysians after six years, while foreigners remain taxed at 10%.
- Tax is calculated as the chargeable gain: disposal price minus acquisition cost, allowable expenses, and exemptions.
- Exemptions include RM10,000 (or 10% of gain) per disposal, once-in-a-lifetime residence exemption for citizens/PRs, family transfers, six-year rule, small property disposals, and special cases like gifts to government or inheritance.
- RGPT filing requires both disposer and acquirer to submit CKHT forms within 60 days of disposal, either online via MyTax or manually at IRBM offices.
- Late payment attracts a 10% penalty, and payments can be made online (MyTax/e-PCB) or offline at banks or POS Malaysia.
Real Property Gains Taxes or RPGT is a tax imposed on profits from the disposal of real property or shares in real property companies in Malaysia. It applies to locals, companies, and foreigners, with rates determined by ownership duration and residency status.
The real property means assets such as houses, commercial buildings, vacant lands, farms, etc. The tax is imposed on disposers or sellers in the year of assessment when the sale takes place.
In common parlance, disposal is on transfer of ownership from one person to another whether by way of sale, conveyance, assignment, settlement, alienation, etc. The tax is administered by the Inland Revenue Board of Malaysia (IRBM) under the Real Property Gains Tax Act, 1976.
The tax rates differ according to the category of the disposer and their holding power. As per Schedule 5 of RPGT Act, the disposer is divided into three categories.
Part 1: It includes individual Malaysian citizens and partners.
Part 2: Disposer is a Company incorporated in Malaysia, or a trustee, trust, or body of persons registered under the law in Malaysia.
Part 3: It comprises of foreign nationals. The disposer is not a citizen, and not a permanent resident, or an executor of the estate of a deceased person who is not a citizen and not permanent resident or a foreign company.
Disposal Year | Part 1 | Part 2 | Part 3 |
1st year | 30% | 30% | 30% |
2nd year | 30% | 30% | 30% |
3rd year | 30% | 30% | 30% |
4th year | 20% | 20% | 30% |
5th year | 15% | 15% | 30% |
Sale in 6th year and beyond | 0% | 10% | 10% |
The Real Property Gains Tax form must be filed by both the acquirer and the disposer. The filing process is as follows:
RPGT can be paid either online or through an offline mode. There are two ways in online either through MyTax Portal or e-PCB. If a disposer wants to pay in an offline mode, he can pay either through bank counters or POS Malaysia counters.
RPGT must be paid only if the disposal price is more than the acquisition price. However, there are certain other expenses too and other factors to be considered.
Particulars | RM |
Disposal price / value of consideration in money or money’s worth | XXX |
Less: Allowable expenses | |
– Expenditure on enhancing or preserving the value of the asset | (XXX) |
– Expenditure on establishing, preserving, or defending title/right | (XXX) |
– Incidental costs of disposal (e.g., legal fees, agent fees, stamp duty) | (XXX) |
– Acquisition cost (including incidental costs of acquisition) | (XXX) |
– Compensation for damage / depreciation of the asset | (XXX) |
– Insurance sums received for damage / depreciation of the asset | (XXX) |
– Amount of deposit forfeited to the disposer | (XXX) |
Chargeable Gain | XXX |
Less: Exemptions under Schedule 4 | (XXX) |
Total Chargeable Gain (subject to RPGT rate) | XXX |
Chargeable Gain = Disposal Price – (Acquisition Price + Allowable Expenses + Incidental Costs – Insurance/Compensation/Deposits)
Tax Payable = Chargeable Gain – Exemptions (Schedule 4) × Applicable RPGT Rate (based on holding period & disposer category)
Example:
Chargeable Gain = 600,000 – (400,000 + 50,000) = RM150,000
Less Exemption = RM150,000 – 10,000 = RM140,000
If disposed in 4th year (Malaysian individual, rate 20%):
Tax Payable = RM140,000 × 20% = RM28,000
The date of acquisition of the asset by the acquirer shall be deemed to coincide with the date of disposal of that asset by that disposer to that acquirer. The law has provided some exemptions as well too from RPGT.
RPGT (Real Property Gains Tax) provides several exemptions that help reduce or even eliminate tax on property disposals. These exemptions are especially useful for individuals, families, and long-term property holders.