Asked by Anonymous
Early this year, my auntie (trustee of disposed property) has received a letter from LHDN asking for RPGT at 30% for the property which has been sold in August 2014. For your information, the owner of the property (another auntie) own the property about 25 years. According to CKHT 1979 (version 2014) , the owner do not need to pay any tax for property owned more than 5 years. Hence, I get a lawyer to clarify this issue with LHDN with relevant information. it is quite for a moment, without any written letter to inform the tax is ceased since last verbally agreement through the phone.
At this mid of the year, my auntie (trustee of disposed property) received an email again from LHDN asking for 5% RPGT, When I visited the officer at LHDN, she mentioned that my auntie is a trustee who is also treated as a company category in new CKHT 1979 (version 2014). For me, this is totally out of logic, how can LHDN implement tax for a trustee who do not owned the property and profit from the disposal.. The officer do not provide me any further answer and insist this is what new in rule.
Do you mind to advise me whether what have been stated by the official is true, and normally how you solve this problem for the client who is having same problem like my auntie ? If you solve this problem, please advise your service charge.
At this mid of the year, my auntie (trustee of disposed property) received an email again from LHDN asking for 5% RPGT, When I visited the officer at LHDN, she mentioned that my auntie is a trustee who is also treated as a company category in new CKHT 1979 (version 2014). For me, this is totally out of logic, how can LHDN implement tax for a trustee who do not owned the property and profit from the disposal.. The officer do not provide me any further answer and insist this is what new in rule.
Do you mind to advise me whether what have been stated by the official is true, and normally how you solve this problem for the client who is having same problem like my auntie ? If you solve this problem, please advise your service charge.
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