Air Pollution in Malaysia

TRENDS OF PROPERTY TAX IN MALAYSIA

WHAT IS PROPERT TAX : Property or Assessment Tax is levied on all property holdings, including shops, factories, residential, agricultural and others, situated in the areas under the jurisdiction of local authorities.

HISTORY OF PROPERTY TAX
The history of property tax is begun at United States of America. Taxes based on ownership of property were used in ancient times, but the modern tax has roots in feudal obligations owned to British and European kings or landlords. In the fourteenth and fifteenth century, British tax assessors used ownership or occupancy of property to estimate a taxpayer’s ability to pay. In time the tax came to be regarded as a tax on the property itself. In the United Kingdom the tax developed into a system of rates based on the annual (rental) value of property. The growth of the property tax in America was closely related to economic and political conditions on the frontier. In pre-commercial agricultural areas the property tax was a feasible source of local government revenue and equal taxation of wealth was consistent with the prevailing equalitarian ideology. When the Revolutionary War began, the colonies had well-developed tax systems that made a war against the world’s leading military power thinkable. The tax structure varied from colony to colony, but five kinds of taxes were widely used. Capitation (poll) taxes were levied at a fixed rate on all adult males and sometimes on slaves. Property taxes were usually specific taxes levied at fixed rates on enumerated items, but sometimes items were taxed according to value. Faculty taxes were levied on the faculty or earning capacity of persons following certain trades or having certain skills. Tariffs (imposts) were levied on goods imported or exported and excises were levied on consumption goods, especially liquor.

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During the war colonial tax rates increased several fold and taxation became a matter of heated debate and some violence. Settlers far from markets complained that taxing land on a per-acre basis was unfair and demanded that property taxation be based on value. In the southern colonies light land taxes and heavy poll taxes favored wealthy landowners. In some cases, changes in the tax system caused the wealthy to complain. In New York wealthy leaders saw the excess profits tax, which had been levied on war profits, as a dangerous example of leveling tendencies. Owners of intangible property in New Jersey saw the tax on intangible property in a similar light. By the end of the war, it was obvious that the concept of equality so eloquently stated in the Declaration of Independence had far-reaching implications. Wealthy leaders and ordinary men pondered the meaning of equality and asked its implications for taxation. The leaders often saw little connection among independence, political equality, and the tax system, but many ordinary men saw an opportunity to demand changes.

MALAYSIA TAXATION
The property tax is a compulsory contribution to be paid by the taxpayer, where the taxpayer in return will receive benefits from the local authorities in the form of tangible and intangible services, community facilities, infrastructures and development projects for their enjoyment . In the context of property tax, enforcement of the tax is intended as a tool to drive the development of areas administered by local authorities. Property tax imposed on the taxpayer is given back by local authorities in the form of services in their respective administrative areas. The imposition of property tax is related to the role of local authorities in developing the area and providing the necessary services and facilities. According to Section 127 to section 163 of the Local Government Act 1976, local authorities are empowered to impose property tax on property owners to carry out the functions and roles of local authorities as an organization which has autonomy over the local populace. The local authorities should ensure that the management of tax collection can be implemented effectively in the development process and services provided appropriately .

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Local authorities have important responsibilities in carrying out their functions and roles, especially in property tax management to ensure the welfare and amenity of residents can be realized. If the local authority is weak and incompetent in handling the management of the property tax it would certainly affect the results of tax collection which is to be used as financing development projects and services provided. In addition, the arrears in property taxes will increase due to poor management and will burden the local authorities. This will have an impact on the quality of work and services performed. The prevalent issue of lower tax revenue in local authorities throughout the country continues to pose a very serious predicament. Complete procedures which have been established in the provisions of the Act will guide local authorities in managing the property tax but the property tax collection performance is still under unsatisfactory level. For example, according to the Economic Report of the Ministry of Finance, revenue of the collection performance in local authorities throughout the country showed a worrying decline in the rate of decrease of 11.7% recorded in 2007 and 0.3% in 2008. The implications of the tax reduction has resulted in a deficit spending of RM75 million and RM1,179 million in 2007 and 2008 due to the higher prevailing costs. Collection of property tax revenue statistics generally show the majority of Malaysian local authorities collect property tax of less than 70% of the total taxable amount, while for the collection of property tax arrears show only within 30%-50%. As an example, local authorities in the state of Johor and Kuala Lumpur City Hall (Dewan Bandar Raya Kuala Lumpur, DBKL) showed that the amount of property tax arrears recorded amounted to about RM168 million and RM435 million in 2009 and this is certainly an issue of concern. This depicts the overall situation of property tax performance of local authorities in Malaysia which is in a poor condition and has not reach a satisfactory level, where the country’s agenda has set the target and vision to encompass about 70% of communities in Malaysia will be living in municipal areas in the year of 2020.

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TYPES OF PROPERTY TAX IN MALAYSIA
Tax on property was introduced in 1974 under the Land Speculation Tax Act. This was subsequently replaced with the Real Property Gains Tax Act in November 1975. Although in existence since the mid-70s, the Government pro-actively adjusted the rates of the RPGT through the years to cater to the property market conditions. It’s natural for most people to react to the reintroduction of RPGT, having enjoyed full exemption for a few years previously, however, compared to the original rates of RPGT which range up to 30%, the recent hike of up to 10% is actually quite mild. There are several types of property tax in Malaysia and they are as follows .

A) Assessment tax B) Quit rent C) Capital gain tax D) Inheritance tax E) Others tax
A) ASSESSMENT TAX : Assessment tax is a type of local tax which is only applicable on the residential property. Rate of assessment tax is based on the yearly rental amount of the property on rent. This tax is assessed by the local authorities.

Rules and regulations of the assessment tax are as follows : Usually assessment tax has a flat value of 6%. This assessment tax is to be paid in two installments. The scope of taxation are for a resident individual is assessable on income derived from sources in Malaysia and income received in Malaysia from outside Malaysia.

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W.e.f. Y/A 2004 income remitted into Malaysia from overseas by a resident individual,

a trust body, a cooperative and a Hindu Joint Family is exempted from income tax. Second, for non-resident individual is assessable only on income derived from sources

in Malaysia.

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Third, for a resident company is assessable on income derived from Malaysia and

income remitted to Malaysia from sources outside Malaysia. Starting Year of Assessment 1995 onwards only income derived from Malaysia are taxable. Banking, insurance, shipping and air transport businesses are taxed on world income scope. The Imputation Systems is applicable. Fourth, for a non-resident company is liable to Malaysian tax when it carries on a

business through a permanent establishment in Malaysia and is assessable on income derived only from sources within Malaysia.

There have two types of resident status :
1) First, the resident status of individuals : For tax purposes, the tax residence status is determined by the duration of stay in Malaysia, and is not bound by reference to the nationality or citizenship.

If a person stays in Malaysia for at least 182 days (not necessarily consecutive) in a calendar year, he would be treated as a resident. However, there are other conditions where the individual can be treated as a resident even if he stays for less than 182 days. An individual is resident in Malaysia in the basis year of assessment if he:

- is in Malaysia for not less than 182 days in the relevant basis year,

- is in Malaysia for a period of less than 182 days in the basis year and that period is linked to another period where he is continuously in Malaysia for not less than 182 days immediately before or after the relevant basis year. Where temporary absence occur, the period of temporary absence can be taken to form part of such period, where he is in Malaysia, immediately prior to or after the temporary absence,

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- is in Malaysia for not less than 90 days (need not be consecutive) in the basis year and is resident or has been in Malaysia for 90 days or more in 3 out of the 4 preceding years of assessment; or

- has not been in Malaysia in the relevant basis year but he is deemed to be resident in Malaysia in the relevant basis year if he is resident in Malaysia in the following basis year and also in the each of the 3 basis year immediately preceding the relevant basis year .

Example 1: Resident Status

John arrived in Malaysia on 1.4.2003 and stayed on until 15.11.2003 (total 229 days). Hence, John is resident for the year of assessment 2003 since he stayed in Malaysia for more than 182 days in the year 2003.

2) Second, the resident status of companies : A company is deemed to be resident if at any time during a basis year for a Year of Assessment, the management and control of its business is exercised in Malaysia.

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B) QUIT RENT :

Quit rent is also a type of local tax. Quit rent tax in imposes on all types of landed properties. This tax is payable annually.

The rate of quit tax is 0.003 to 0.006 US dollars per square foot. Liability of this quit rent tax is usually figures less than 31 US dollars . Stamp duty for the transfer of the real property of RM 250,000 value is now halved. This new benefit on stamp duties was allowed on the 2008 budget. Stamp duty tax is one of the important Malaysia property taxes applicable within the country. For comparison, the stamp duties within the year 2007 and 2008 are given bellow.

PRICE STAMP RM 250,000 RM 150,000 RM 350,000

STAMP DUTY IN 2007 RM 4,500 RM 2,000 RM 6,000

STAMP DUTY IN 2008 RM 2,250 (-50%) RM 1,000 (-50%) RM 6,000 (UNCHANGED)

C) CAPITAL GAIN TAX : Capital gains tax is not applicable any type of income.
Capital Gains tax was abolished on first April 2007. This relaxation also includes Malaysia real estate capital gains tax on all types of properties. Previously Capital Gains Tax was called Real Property Gains Tax and was applicable on the foreigners only.

These Capital Gains Taxes had a direct value of 30% on all the income gains due to disposal of the property during period of five years. In this way RPGT becomes 5% thereafter. The 2012 Budget unveiled on 7 October 2011 included a revision of the Real

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Property Gains Tax (RPGT) rate from the 5% to 10% as part of the Government’s efforts to curb property speculation. The increase was recently gazetted and took effect from 1 January 2012 onwards. Jennifer Chang studies the impact of this move on property purchasers. The rate of 10% applies to gains on properties held and disposed within two years while gains on properties held and disposed between two and five years will be levied a 5% RPGT rate and disposals after five years continue to be exempted from RPGT.

RPGT is a form of capital gains tax that is chargeable on gains arising from the disposal of real property, which is defined as:

• Any land situated in Malaysia and any interest, option or other right in or over such land; • Shares in a real property company. Anyone disposing of real property in Malaysia - whether a resident or non-resident - will be charged RPGT on the gains.

D) INHERITANCE TAX
Inheritance Tax is not assigned in Malaysia.

E) OTHER TAXES
VAT tax is not charged in Malaysia. On the other hand, government sale tax is charged. The value of 5% GST is assigned on all the hotel and restaurant bills. GST is also charged on other professional bills including lawyer’s bills.

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INCOME CHARGEABLE TO TAX :
� Gains or profits from a business for whatever period of time carried on. � Gains or profits from an employment. � Dividends, Interests or Discounts. � Rents, Royalties or Premiums. � Pensions, annuities or other periodical payments not falling under any of the foregoing paragraphs. � Gains or profits not falling under any of the foregoing paragraphs. � Special classes of income.

TAX EXEMPTIONS FOR INDIVIDUALS
1. Leave passages within Malaysia not exceeding three times on a year and one leave passage outside Malaysia not exceeding RM3000

2.

Medical and dental benefit.

3.

Retirement gratuity

The full amount of gratuity received by an employee on retirement from employment is exempt if:

i. He retires due to ill health; ii. He is an employee in the public sector who has opted for optional retirement or on termination of a contract of employment; or iii. If he retires at the age of 55 or at the compulsory age of retirement under any written law provided that he has been in the service of the same employer or with companies in the same group, for at least 10 years

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4. Compensation For loss Of Employment Compensation payment received by an employee for the loss of employment is exempt from tax at a sum of RM6, 000 per completed year of service with the same employer or with companies in the same group. However, the compensation payment received by an employee will be fully exempted from tax if the loss of employment is due to ill health. The tax exemption of RM6,000 per completed year of service is not given in respect of the compensation received by a director (not being a service director) of a controlled company.

5. Pensions Pensions received by an individual are exempt under the following conditions:

I. He retires at the age of 55 or at the compulsory age of retirement under any written law; or II. He retires due to ill health For an employee in the public sector who elects for optional retirement, his pension will be taxed until he attains the age of 55 or the compulsory age of retirement under any written law. Where an individual receives more than one pension, the exemption is restricted to the highest pension received by him

6. Death gratuities.

7. Scholarships.

8. Income of an individual resident in Malaysia in respect of his appearances in cultural performances approved by the Minister.

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9. Interests An individual resident in Malaysia is exempt from tax in respect of the interest received from the following savings or investments:-

i. Interest that accrues in respect of any savings deposited with Bank Simpanan Nasional (BSN).

ii. Interest or bonus which accrues in respect of money deposited with Bank Simpanan Nasional under the "Save as You Earn" scheme.

iii. Interest which accrues on savings deposits of up to RM100, 000 with a registered cooperative society, Bank Pertanian Malaysia, Malaysia Building Society Berhad, Borneo Housing Mortgage Finance Bhd, or with any other institution approved by the Minister of Finance.

iv. Bonus which accrues in respect of money deposits in any savings account with Lembaga Tabung Haji.

v. Interest which accrues on savings deposits of up to RM100,000 with a bank or finance company licensed under the Banking and Financial Institutions Act 1989 (BAFIA 1989).

vi. Interest which accrues in respect of any fixed deposits account (including negotiable certificates of deposits) of up to RM100,000 for a period not exceeding twelve months with Bank Pertanian Malaysia, Bank Kerjasama Rakyat Malaysia Bhg., Bank Simpanan Nasional, Borneo Housing Mortgage Finance Bhd., Malaysia Building Society Bhd., or a Bank of finance company licensed under BAFIA 1989.

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vii. Interest which accrues in respect of any fixed deposit account (including negotiable certificates of deposits) for a period exceeding twelve months with Bank Pertanian Malaysia, Bank Kerjasama Rakyat Malaysia Bhd., Bank Simpanan Nasional, Borneo Housing Mortgage Finance Bhd., Malaysia Building Society Bhd., or a bank or finance company licensed under BAFIA 1989.

viii. Gains or profits which accrues on deposits of up to RM100,000 in respect of money deposited in any savings account under the interest-Free Banking Scheme (IFBS) with a bank or finance company licensed under BAFIA 1989 or the Islamic Banking Act 1983, Bank Kerjasama Rakyat and Bank Simpanan Nasional.

ix. Gains or profits which accrues in respects of money deposited in any investment account of up to RM100,000 for a period not exceeding twelve months with a bank or finance company licensed under BAFIA 1989 or the Islamic Banking Act 1983, Bank Kerjasama Rakyat and Bank Simpanan Nasional.

x. Gains or profits which accrue in respect of money deposited in any investment account for a period of twelve month of more under the interest Free Banking Scheme with a bank or finance company licensed under BAFIA 1989 or the Islamic Banking Act 1983.

xi. Gains or profits which accrue in respect of money deposits in any investment account under the interest Free Banking Scheme of up to RM100,000for a period of twelve months or more with Bank Kerjasama Rakyat and Bank Simpanan Nasional.

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xii. Interest from securities or bonds issued or guaranteed by the Malaysian Government.

xiii. Interest from debenture (other than convertible loan stock) approved by the Securities Commission.

xiv. Interest earned from Bon Simpanan Malaysia issued by the Bank Negara Malaysia.

xv. Interest earned from the Merdeka Bonds issued by the Bank Negara Malaysia (effective year of assessment 2004).

xvi. Interest earned from a unit trust which is derived from Malaysia and paid or credited by any bank or financial institution licensed under the Banking and Financial Institution Act 1989 (BAFIA 1989) or the Islamic Banking Act 1983.

10. Dividends The following dividends are exempt formed tax:

I. Dividends received from exempt accounts of companies. II. Dividends received from cooperative societies. III. Dividends received from a unit trust approved by the Minister of Finance such as Amanah Saham Bumiputra. IV. Dividends received from a unit trust approved by the Minister of Finance where 90% or more of the investment is in government securities.

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11. Royalties An individual resident in Malaysia is exempt from tax in respect of royalties are as follows: Types of Services/ Amount per annum art works payment for to be exempted (RM)

i.

Artistic work (other than original paintings) 6,000

ii. Recording discs or tapes 6,000 iii. Translation upon request by any agency a) of the Ministry of Education or Attomey b) General Chambers 12,000 iv. Literary work or original painting 20,000 v. Musical composition 20,000

vi. Cultural performances Approval by Minister

However, the exemption does not apply to paragraph (iii), (v) and (vi), if the payment received forms part of his emoluments in the exercise of the individual's official duties.

12. Income Remitted from Outside Malaysia

With effect from the year of assessment 2004, income derived from outside Malaysia and received in Malaysia by resident individual is exempted from tax.

13. Fees or Honorarium for Expert Services

With effect from the year of assessment 2004, fees or honorarium received by an individual in respect of services provided for purposes of validation, moderation or accreditation of franchised education programs in higher educational institutions is exempted. The services provided by an individual concerned have to be verified and acknowledged by the Lembaga Akreditasi Negara (LAN). However, the exemption does not apply if the payment received forms part of his emoluments in the exercise of his official duties.

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14. Income Derived from Research Findings

With effect from the year of assessment 2004, income received by an individual from the commercialization of the scientific research finding is given tax exemption of 50% on the statutory income in the basis year for a year of assessment for 5 years from the date the payment is made. The individual scientist who received the said payment must be a citizen and a resident in Malaysia. The commercialized research findings must be verified by the Ministry of Science, Technology and Environment.

NOTIFICATION OF CHARGEABILITY TO TAX
If an individual is taxable and has never received any income tax return form before, he has a duty to notify chargeability to the nearest LHDNM office and request for an Income Tax Return Form. If an individual already has an income tax file but has not receive an income tax return form by 31st March, he must immediately request for the said form from the LHDNM office which issued his last income tax return form. A taxpayer could also download an income tax return form from the LHDNM website http://www.hasil.org.my. He must then complete and submit the return to the LHDNM office using the address where his income tax file is situated. In the case of a foreigner employed in this country he must give notice of chargeability to the nearest LHDNM office within 2 months of arrival in Malaysia.

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FILING OF TAX RETURN
The completed and signed Income Tax Return is substituted to LHDNM office before or by the required date, and the completed tax return should be sent to the address of LHDNM office indicated on the said form.

NON-RESIDENT CITIZEN RELIEF
1. Non-Resident Citizen Relief shall be allowed to an individual who is a citizen but not resident for the basis year for a year of assessment by reason of his employment (in the public services or the services of a statutory authority) which is exercised outside Malaysia

2. An individual who is claiming relief under this provision, should make his claim in the prescribed form and should furnish such further particulars as may be required by the LHDNM.

TEMPORARY VISITORS PROFESSIONAL VISIT PASS
All non-residents entering Malaysia using professional visit passes (excluding public entertainers) are categorized as temporary visitors. A sponsor for a temporary visitor is required to submit a letter of notification from the LHDNM to the Immigration Department when applying for a professional visit pass. The sponsor should make a written application to the LHDNM providing personal details of the temporary visitor and also submit a copy of the contract / offer letter or other relevant documents. The application for the letter of notification has to be made to: Director, Inland Revenue Board of Malaysia, Non-Resident Branch, Unit 11 (NR/IV),10th & 11th Floor, Block 11, Government Office Complex, Jalan Duta, 50600 Kuala Lumpur .

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IMPUTATION SYSTEM
The income tax chargeable on a resident company is credited into a tax account which can be utilized to frank payment of dividends to shareholders. Income tax paid by a company is imputed to the shareholders by means of imputation credits attached to dividends. Where the franking of payment of dividends exceeds the tax credit available in the tax account, the deficit becomes a debt due which is payable by the company upon requisition. The imputation system does not apply to a non-resident company and such companies are not subject to dividend franking.

WHY MALAYSIA’S GOVERNMENT IMPOSE PROPERTY TAX ? MALAYSIA’
We take RPGT as one of property tax that government imposed in Malaysia . There are many reasons why RPGT is imposed . One of the more significant reasons why the government imposes this tax is to curb property speculation to avoid property bubbles forming . From time to time, the government may decide to increase or decrease RPGT to suit their agenda e.g. they could reduce RPGT to encourage investments (this actually happened between 1 April 2007 – 31 December 2009 where property transactions during this period were exempted from RPGT to spur investments) . The other obvious reason is that RPGT is a source of revenue for the government to develop the nation .

WHO PAY THE PROPERTY TAX
1) Resident in Malaysia 2) Non-Resident who live in Malaysia and have assets 3) Companies that operating in Malaysia

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TREND OF PROPERTY TAX IN MALAYSIA
Diagram below shows the trends of the property tax in Malaysia from 1974 up to 2012 .

Due to amendment that are made in the budget 2013, there are changes that are happening in the RPGT rate where there is an increase in the amounts of tax being imposed .

This changes that are made are due to the facts to reduce the factor of speculation that are making the price of land and houses to increase rapidly .

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IMPACTS OF RPGT
According to property consultant and analysts, the hike increase of Real Property Gains Tax (RPGT) in the budget 2013 will have very little impact . The increase of RPGT from 10% to 15% will barely give any impacts on the speculation even though the reason for the increase of tax are for the purpose of solving speculation on houses . Reason as to why there barely any impact or little impact from the increase on RPGT tax rate are due to the facts that, the time taken for houses to be completed upon buying are 2 to 3 years and when the house are finish and ready to be live in or sold, its already 4 or 5 years and the rate of RPGT tax are already little as the periods of RPGT tax covers are only up to 6 years maximize . Taking that into consideration plus the fact that the price of houses are keep on rising, the impact that RPGT are very little .

CONCLUSION
The property tax in Malaysia can be consider as in the testing period as it just currently being reimposed . Which means that, the current rate of RPGT will change in the near future due to the rising trends of property in Malaysia especially in the housing sectors . The RPGT tax rate can be consider as a tool to reduce speculation of property in the short run,where as, in the long run the impacts that it will have is going to be very little .

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REFERENCE
1. http://www.ipbre.com/countryProfile/Malaysia/Taxes/

2.

https://docs.google.com/viewer?a=v&q=cache:Dj8b9BrRMAIJ:www.charteredaccountants.com.my/resources_assessment.pdf+&hl=en&gl=my&pid=bl&srci d=ADGEESh8gp__2jEbPCrYONnp3AqFbAij_CBwdwbrQy0Re1bdAGCyoE oeKD7wS88c5AVLJLyDrzOuoYBPANEFQ3XpK5lBTfXQpXTfuDkNuwpD i_r2aMZxYDY0cBbZfKHS5o15HuPCjo&sig=AHIEtbRFB6TA8WHt5oQfy w1Y-pQs3k0smw

3.

http://www.iproperty.com.my/news/5061/real-property-gains-tax-rpgt-the-propertyowner

4.

http://savemoney.my/real-property-gains-tax-in-malaysia/

5.

www.iproperty.com.my/news/4258/real-property-gains-tax-gradual-impact

6.

thestar.com.my/news/story.asp?file=/2012/9/29/budget/12101379&sec=budget

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APPENDIX

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