Doing property transfers? You have 60 days to report to IRB (LHDN) for tax purposes

The recent updates from IRB (LHDN) related to property industry in Malaysia:

  • Property transfers in Malaysia must be reported to the Inland Revenue Board (IRB) within 60 days for Real Property Gains Tax (RPGT) purposes.
  • Both the seller (disposer) and buyer (acquirer) must report the transaction through the MyTax portal.
  • Late reporting incurs a penalty under Section 29(3) of the RPGT Act, with possible fines and imprisonment.
  • RPGT aims to increase national revenue, educate the public on tax responsibility, and curb speculation in the property market.
  • Rates for RPGT are based on the holding period of the property and decrease over time, with exemptions after the sixth year of ownership.
  • RPGT rates vary for individuals, companies, and foreigners and can be checked on the IRB’s official website.

 

Facts and Figures:

  • Late penalties can be up to RM5,000, with possible imprisonment not exceeding 12 months.
  • The tax rate for individuals selling property within the first three years is 30%, decreasing to 20% in the fourth year and 15% in the fifth year.
  • The official website for more details on RPGT rates is www.hasil.gov.my.

 

Recommended action plan for REN (Real Estate Negotiator) to address the new requirements:

  1. Stay Informed: Stay updated on the latest regulations and requirements set by the Inland Revenue Board (IRB) regarding property ownership transfer transactions. Regularly check the official IRB website for any updates on reporting procedures and deadlines.
  2. Client Education: Educate your clients (both buyers and sellers) about the importance of timely reporting to the IRB. Explain the consequences of late reporting, including penalties and potential legal action. Encourage transparency and compliance with tax laws.
  3. Timely Submission: Make it a priority to submit the necessary documentation and information through the MyTax portal within the 60-day deadline. Assist your clients in completing the required forms accurately to avoid delays or errors in reporting.
  4. Documentation Management: Maintain organized records of property transactions, including receipts, contracts, and any other relevant documents. Ensure that all details are accurately recorded and easily accessible for reporting purposes.
  5. Collaboration with Professionals: Work closely with legal advisors, accountants, and tax experts to ensure that property transactions are in compliance with RPGT regulations. Seek advice on tax implications and strategies to minimize tax liabilities for your clients.
  6. Market Awareness: Stay informed about market trends and property values to provide accurate valuation advice to clients. Understanding the impact of RPGT on property transactions can help you guide clients through informed decision-making processes.
  7. Networking with Authorities: Establish relationships with IRB officials or representatives to clarify any doubts or seek assistance regarding RPGT reporting. Building rapport with tax authorities can facilitate smoother communication and resolution of any issues that may arise.
  8. Continuous Professional Development: Attend training programs, seminars, and workshops on tax laws, property regulations, and compliance requirements. Enhancing your knowledge and skills will enable you to better serve your clients and stay ahead in the real estate industry.

By following these recommended actions, you can ensure that you are well-prepared to assist clients in navigating the RPGT reporting process and uphold ethical standards in your real estate transactions in Malaysia.

 

Recommended action plan for the property owners to address the new requirements:

  1. Immediate Reporting: Report the property transfer details through the MyTax portal within 60 days from the date of the transaction.
  2. Timely Submission: Ensure that both parties involved (seller and buyer) report the disposal and acquisition of assets promptly to avoid late penalties.
  3. Compliance: Understand and comply with the Real Property Gains Tax (RPGT) regulations to avoid fines or potential prosecution for failure to submit the RPGT return form.
  4. Educate Yourself: Stay informed about the RPGT rates, calculation methods, and exemptions by referring to the official IRB website for detailed information.
  5. Tax Planning: Consider the RPGT rates based on the holding period of the property to make informed decisions about property transactions.
  6. Consultation: Seek advice from tax professionals or legal experts if needed to ensure compliance with RPGT regulations and proper reporting.
  7. Record Keeping: Maintain detailed records of property transactions and reporting to facilitate any future inquiries or audits.

By following these steps, property owners can ensure compliance with tax regulations, avoid penalties, and contribute to stabilizing the property market as outlined in the Real Property Gains Tax (RPGT) guidelines.

 

Effect to the property business and investment logic:

The requirement for property transfers to be reported within 60 days for tax purposes, as stated by the Inland Revenue Board (IRB) in Malaysia, can have an impact on business logic and investment profitability. Here are some considerations:

  1. Compliance Costs: Businesses and investors will need to allocate resources to ensure timely reporting of property transfers to comply with the regulation. This can involve administrative tasks, potential late penalties, and the need for proper record-keeping.
  2. Risk of Penalties: The statement that prosecution action can be taken against those who fail to submit the Real Property Gains Tax (RPGT) return form, with fines of up to RM5,000 and imprisonment not exceeding 12 months, can create a risk for non-compliance. The potential penalties can affect the profitability of an investment if they are incurred.
  3. Decision-Making: Investors and businesses may need to factor in the RPGT rates and regulations when considering property transactions. The tax implications can influence the decision-making process and the timing of property acquisitions or disposals.
  4. Market Dynamics: The RPGT is aimed at curbing speculation in the property market. Therefore, the regulation may affect market dynamics by deterring speculative activities and stabilizing prices in the long run. This could impact the investment strategies of businesses and investors operating in the property market.

In summary, the requirement for timely reporting of property transfers for tax purposes can introduce additional compliance costs, risks of penalties, influence decision-making processes, and impact market dynamics. Businesses and investors need to consider these factors and ensure compliance with the regulation to navigate potential effects on their business logic and investment profitability.

 

References:

  • Bernama September 09, 2025

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