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Author Topic: Budget Malaysia 2010  (Read 1066 times)

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Re: Budget Malaysia
« Reply #15 on: October 28, 2009, 10:14:37 AM »
In many countires there is a fundamental doctrine that taxes are not to be applied retrospectively. (...)
It leads one to question the confidence that an investor can have in acquiring assets in Malaysia if tax rates and laws can be changed retrospectively.
Cheers :) :)

I agree in an Ideal world that would be the case. But also in a "first world country" like the Netherlands it doesn't happen that way. Rules for taxes or tax reduction on mortgages change and not only for newly acquired property.
Fortunatly the rules for admission in the MM2H program don't change retrospectively. But they change the rules a lot :)

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Re: Budget Malaysia
« Reply #16 on: October 28, 2009, 04:32:35 PM »
hi,

I'd agree about the retrospective nature of the tax.

However, when RPGT was last exempted the exemption applied to all properties, not just those bought subsequent to the exemption. So, on a purely pedantic point, it's all sorta fair?   :P

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Re: Budget Malaysia
« Reply #17 on: October 31, 2009, 03:28:44 AM »
 From Friday's Star newspaper:

Friday October 30, 2009
Long-term property owners at losing end


I AM surprised there hasn’t been a flurry of letters regarding the reimposition of a 5% Real Property Gains Tax (RPGT) under the 2010 budget.

Perhaps the ruling is unclear, and the real status has not been clarified.

But from the little snippets of information I received, I understand that it works like this.

Basically, any property sold or any sale and purchase agreement signed after Jan 1, 2010, will be subject to a 5% RPGT on the total gain. That means an old couple who bought their house in Bangsar 30 years ago at RM40,000 and now sells it for RM1mil will be taxed 5% on the gain of RM960,000.

Perhaps this has not even sunk in, as the public seems largely unaware of this, and hence, the blissful silence.

Previously the RPGT, which was introduced to prevent speculation, was based on a sliding scale, descending on the number of years – 30% on gains made in the first two years, 20% on gains after two to three years, and so on.

After five years, individuals were no longer subject to the tax, although for companies, and foreigners, there was a 5% RPGT in perpetuity.

Then, in 2007, the then Prime Minister in all his wisdom decided to scrap the tax, which led to a lot of speculation, and a pushing of property prices way beyond the reach of ordinary citizens.

Prices in KLCC doubled, at least on paper, and the rich got richer. Foreigners hopped onto the bandwagon, with this glorious promise of no property gains tax, pushing prime properties even higher.

Now, all this has changed, as the Govern­ment once again goes on a flip-flopping policy and suddenly, all are taxed.

How are we to be taken as a serious place for investment when policies keep changing at the whims and fancies of the powers-that-be?

I pity the long-term investors who have held on to their property for donkey years, only to be slapped with a 5% tax on their gains.

Previously, when the RPGT was enforced, at least owners had a chance to offset a lot of expenditure against the gain, such as renovation work, agency fees, legal fees, etc.

But for older properties, who is going to keep such outgoing records for so long? How are they going to prove the expenses incurred over the last 30 years, for example, in order to offset against their gains?

I hope the Government will seriously mull over the situation carefully and think of the implications of this tax, which really defeats the purpose of curbing speculation. Instead, it will punish long-term property owners.

If the Government must implement it, it would only be fair not to do it retrospectively, but to let the ruling only affect properties bought and sold after Jan 1, 2010.

CHENG YI,
Kuala Lumpur.

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Re: Budget Malaysia
« Reply #18 on: October 31, 2009, 06:42:19 PM »
hi,

Just a point about off-setting expenses (such as renovation and repair) against RPGT. In Portugal you're allowed to off-set up to a maximum of 5 years. After this period you're deemed to have benefited from the work. Presumably by living there or renting out.

Here's another couple of articles on the RPGT changes.

Starbizweek, Saturday October 31, 2009 : Looking for Tax Clarity
This article explains that because the RPGT was "exempted" in 2007 rather than abolished the higher rates (30%, 20% and 15%) are still there so that's where the confusion arises. The article confirms the 5% tax irrespective of years of ownership. The higher rates are still there so that the government can impose them later if it decides to curb speculation.
http://biz.thestar.com.my/news/story.asp?file=/2009/10/31/business/5002540&sec=business


Starbizweek, Saturday October 31, 2009 : Reimposition of Real Property Gains Tax appears Untimely
The Real Estate with Angie Ng.
This article makes a few good points about the unfairness of the tax in the 5% being forever. IMO, Angie Ng seldom offers any but the most obvious comments but in this article obvious is appropriate.
http://biz.thestar.com.my/news/story.asp?file=/2009/10/31/business/5006907&sec=business


With the 15% income tax in the Iskandar Region, I guess all those my2homers thinking of setting-up businesses are going to move/gravitate southward. I seem to remember reading a couple of days ago a comment from the Chief Minister (or other politico) of Penang about unfair competition.

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Re: Budget Malaysia 2010
« Reply #19 on: November 16, 2009, 09:39:42 PM »
hi,

Here's an interesting article from the executive director of MIER giving some comment and perspective on the recent budget 2010. It's in pdf so rather than attach I've copied and pasted the whole article ...

2010 Budget Blues : M I E R V I E WS : By Mohamed Ariff
To be sure, there are many good things one case say about the Budget 2010 that was recently unveiled. Indeed, the media was abuzz with headline kudos on what the budget had to offer. To say the least, it was a soft, people-friendly, caring budget that bent over backward to avoid undue burden on the people during difficult times. It certainly was not an easy task for the government to devise a budget that would minimise the tax load and at the same time reduce the gap between revenue and expenditure.

The government has plans to trim the size of the deficit relative to gross domestic product (GDP) down to 5.6 per cent in 2010 from 7.4 per cent in 2009, despite an expected 8.5 per cent drop in government revenue next year. It is not surprising that next year’s tax collection will be smaller, not only because there are some tax concessions in the new budget but also because next year’s revenue will be based on this year’s income which is lower than the preceding year’s due to the recession.

The government’s strategy for reining in budget deficits is to cut government expenditure without having to raise tax revenues. The fiscal plan is to reduce government’s operating expenditure and development expenditure by 13.7 per cent and 4.5 per cent, respectively. There is considerable scope for reductions in the operating expenditure in the light of the recent audit revelations, which point fingers at huge wasteful spending, overpriced contracts and cost overruns. The savings can be substantial, as procurement accounts for roughly 15 per cent of the total. What’s more disturbing is the observation that the share of emolument will increase next year to 31 per cent of the total operating expenditure from 24 per cent this year.

Malaysia has one of the fattest civil service bodies in the world relative to population size. More can be saved if the civil service is downsized to be slim and efficient. The budget does not adequately address such near-term concerns as sedated investor sentiments, weak consumer confidence, and fragile recovery prospects. For starters, 2010 Budget is not expansionary as it is 11.4 per cent smaller than the current year’s.

Worse still, the planned boost for private consumption - through personal income tax rate cut (from 27 to 26 per cent) and higher tax deduction and relief - has been dampened by such measures as the imposition of RM50 tax on credit cards. The latter is a wrong measure at the wrong time. If it is meant to generate revenue for the government, it will be self-defeating. It is estimated that there are 11 million credit cards in circulation in the country, with many holding multiple cards. The chances are that the government will end up collecting very little revenue from this tax, as
cardholders will likely discard the redundant ones. If this tax is meant to discourage the proliferation of cards in the system, there is no need for it, as the situation is under control, thanks to central bank oversight and supervision.

The credit card situation in Malaysia is nowhere near that of South Korea’s or Taiwan’s in recent times. Banks are doing a roaring business with credit cards, profiting from both commissions and interest charges, while the delinquency ratio remains amazingly low.

The Real Property Gains Tax (RPGT) is another wrong measure at the wrong time. For one thing, the flat rate of 5 per cent is a retrogressive step, compared to the previous RPGT based on a sliding scale of 30 per cent to 5 per cent that was waived in April 2007. For another, RPGT is likely to  endanger the property sector’s fragile recovery. Far more dangerous is the unintended negative signals it may be sending to investors as though Malaysia is not a reliable or predictable place to put their money in.

The special treatment given to the Iskander Development Region (IDR) through the lower tax rate of 15 per cent may turn out to be a nonstarter. Experience has shown that tax differentials across the country tend to create more space for tax evasion. The chances of companies establishing “empty shells” in IDR while keeping their real operations elsewhere are high (to take advantage of the tax benefits without having to incur extra logistic costs).

The overarching question of lack of fiscal discipline remains unanswered. Malaysia has had 46 years of fiscal deficits, with surpluses in no more than six. There is a dire need for broadening the country’s tax base while reducing the corporate and personal tax rates, so as to stay competitive with Singapore and Hong Kong. Malaysia’s corporate tax rate of 25 per cent is way above Singapore’s and Hong Kong’s 17 per cent, while its personal income tax rate of 26 per cent exceeds Singapore’s 15 per cent and Hong Kong’s 17 per cent.

Only one-tenth of working population pays tax in Malaysia. One solution would be introduce the General Services Tax (GST) that will force everyone to contribute the country’s coffers, as it is a tax on consumption. There is also a need to review the various investment incentives, as these may be either redundant or inappropriate. Studies have shown that such incentives are just icing on the cake, while investors’ real concerns relate to things that will keeps their costs low and profits high.

Thus, the “ease of doing business” matters a lot more than tax breaks. Malaysia ranks 23, with Singapore, New Zealand and Hong Kong taking the top three slots. We need to focus not on giveaways but on ways and means of making Malaysia a lucrative investment destination.

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Re: Budget Malaysia 2010
« Reply #20 on: November 17, 2009, 12:24:44 PM »
Mr Ariff sounds like a sensible guy, doesn't he.  Adding GST is a bit of a negative but I guess they have to make some money somehow.  Has there been any indication on what exactly they would add GST onto if they go ahead with it?

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Re: Budget Malaysia 2010
« Reply #21 on: November 17, 2009, 02:05:50 PM »
hi,

I haven't come across any projections for those goods and services for GST but I imagine that it would be exempt on food items, kids stuff etc.

In a number of things Malaysia often follows Singapore by 10 to 20 years and Singapore started it's GST on the 1st April 1994 at 3% then 5% and now 7%.

As most working Malaysians don't pay tax (the MIER article says 90%) then any GST is going to take away disposable income as if you don't pay tax you cant benefit from lower income tax rates. This isn't going to go down well, hence the delays in any implementation.

Naib is talking (in the budget) about increasing incomes. Higher incomes bring more people into the tax paying bracket so they can pay income tax and won't mind GST as they have more disposable income. But it only works if there's no extra effort on the part of the worker otherwise better to stay a non-tax payer.

Najib sees this as increasing the value-added component of GDP. Exactly what Singapore was talking about 20 years ago as it moved to financial services and away from low paying grunt jobs. To help the policy, and get foreign investment, Singapore has always generally allowed the S$ to appreciate.

IMO, Malaysia will need to let the ringgit appreciate if Najib's policy is to work. Maybe other members have better, more knowledgeable, views.

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Re: Budget Malaysia 2010
« Reply #22 on: December 30, 2009, 05:28:53 PM »
hi,

Here's a link to an article, dated December 2009, where the RPGT is only applicable to sales within 5 years of purchase.


December 25, 2009 : Revision of property gains tax 'a perfect Christmas gift"
Yep, a nice gift from Santa for Xmas for property owners. And also for the property market.

"PETALING JAYA: The amendment to the real property gains tax (RPGT), which will be reimposed next year at 5% but now applicable only to transactions involving properties sold within five years from their purchase, is “a perfect Christmas gift” which will lift the local property market, analysts said. Prime Minister Datuk Seri Najib Tun Razak announced the amendment to the RPGT on Wednesday, where the 5% tax would now only be imposed on properties sold within five years of the date of purchase.

The Government had previously wanted to impose the RPGT across the board, irrespective of the number of years of ownership, as announced in Budget 2010. The premier had said the decision would cause the Government to lose about RM200mil in revenue, but the move was made following appeals from the Federation of Chinese Associations of Malaysia (Hua Zong) and the business sector."
http://biz.thestar.com.my/news/story.asp?file=/2009/12/25/business/5366341&sec=business


Now, as a natural born Santa's little helper, I'd like to help by suggesting that for a New Year's gift to my2homers, Santa de-links "property purchase for foreigners" and "property purchase for my2homers" and re-introduces some property incentive for mm2h. I'd suggest that my2homers are allowed to purchase property at the RM250,000 level.

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Re: Budget Malaysia 2010
« Reply #23 on: December 30, 2009, 05:55:31 PM »
Santa could have also dropped down my chimney membership of "One Malaysia" in terms of working, TM deposits, special bank accounts, access to Menara Taming Sari (Revolving Tower)and other free gifts at Christmas.

Bob
Don't just cut and paste, say what you think!

 

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