Course Overview

(English) 2.0 Income Tax vs Real Property Gains Tax Made EASY

After this webinar, you will easily grasp differences between Income Tax VS Real Property Gains Tax. If you are a property agent, tax agent, accountant, company secretary or any related field, you will benefit from this webinar. Lawyer Dylan will use simple language to teach you how to maximize your profit when dealing with real estate by understanding the differences between these two crucial taxes.

When you are selling property, you may be exposed either to Income Tax or Real Property Gains Tax (RPGT). This is because the proceed of the sale can be a gain or income. If it is a gain, you will pay RPGT tax based on a reduced scale rate. At your 6th year, you pay 0% RPGT tax rate as an individual seller.

However, if you keep on flipping properties like a trader, you may be subjected to Income Tax! This is because you are engaging in the adventure in the nature of trade. There are various factors such as your intention, frequency to trade, location, status of land, changes made to the property, method of financing, treatment of account, subject matter of transaction, circumstances of realization and etc. This Webinar is insightful as it will go deep into the analysis why past property buyers ended up paying Income Tax. You will learn the past mistakes these property buyers that have to pay millions in Income Tax and you are able to plan your tax

Full Course Outline ⬇️
(1) Introduction to Real Property Gains Tax v Income Tax?
the origin of Land Speculative Tax Act 1974
the enactment of Real Property Gains Tax 1976
How to calculate Real Property Gains Tax when you sell a property?
Taxable person for property seller, investor or trustee
Comparison between the Rate of Tax Payable for Income Tax v RPGT when selling property.
Filling of CKHT Forms 1A, 2A, 3
What can be deductible under your CKHT Payment

(2) Power of Tax Authority - to re-assess from RPGT to Income Tax 1967
Who is the Chargeable Person?
What does it means by "Real Property"?
Computation of RPGT

(3) RPGT for Disposal of Property (different circumstances)
Low Cost Property
Property with restriction in interest (Consent)
Freehold Property
Property under Estate Administration (Grant of Probate/Letters of Administration)
Divorce Order
Sale and Purchase Agreement

(4) Badges of Trade -Analysis & Dissect
The factor of Intention, location, subject matter, frequency, status of land, changes made to the property, method of financing, treatment of account, circumstances of realisation.

(5) Latest Hot RPGT v Income Tax Cases 2023
Profound Reliance Sdn Bhd v KPHDN - disposal of 11 plots of land
Alf Properties Sdn Bhd v KPHDN (High Court) - bought 7 plots of land, and re-sold for RM45 million
MR Properties Sdn Bhd v KPHDN (High Court) - bought property at RM600K and sold at RM2
Teruntum Theatre Sdn Bhd v KPHDN - sold land to built cinema, and ended sold the land separately two companies
Jingga Jaya - How Trust Company was assessed RPGT by LHDN
Selectcool - how the taxpayer company was assessed Income Tax for the land sold

(6) Real Property Company
How to use Company to purchase property
What is Real Property Company (RPC)
Continental Choice Sdn Bhd v KPHDN (COA)
How do you know if it is Real Property Company?

(7) Tax Planning for Property Investor
How to get RPGT Exemption?
How make use of RPGT Exemption?
How to file RPGT Exemption?
How to prepare well so that you do not end up paying Income Tax, but RPGT


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