REAL PROPERTY GAINS TAX (RPGT)
Scope
Every person whether or not resident is chargeable to RPGT on gains arising from disposal of real property, including shares in a real property company (RPC).
Real property is defined as any land situated in Malaysia and any interest, option or other right in or over such land.
RPC is essentially a controlled company where its total tangible assets consists of 75% or more in real property and/or shares in another RPC.
A controlled company is essentially a company owned by not more than 50 members and controlled by not more than 5 persons.
Disposal is generally triggered upon transfer of ownership from one person to another whether by way of sale, conveyance, assignment, settlement, alienation, etc.
RPGT Rates
Disposing of Property | Individuals (Citizen/ Permanent Residents) | Individuals (Non-Citizen) | Companies Assets |
---|---|---|---|
within first 3 years | 30% | 30% | 30% |
in 4th year | 20% | 30% | 20% |
in 5th year | 15% | 30% | 15% |
6th year onwards | 5% | 10% | 10% |