Tuesday, November 29, 2022

Penang gives 90pc discount for extension of lease for residential land

Penang gives 90pc discount for extension of lease for residential land

GEORGE TOWN, Nov 21 — All categories of leasehold land in Penang will be given a discount of between 50 per cent and 90 per cent for the extension of the lease held by the state, Penang Chief Minister Chow Kon Yeow said today when tabling the state Budget for 2023.

He said those who wish to extend the leases of their land will need to pay a premium for the extension based on the land valuation.

“The state government has agreed to give a discount on the premium from as low as 50 per cent to 90 per cent based on the land value without taking into account the value of the structure on the land,” he said at the state legislative assembly today.

The discount on the premium is for those whose leases are expiring or have expired and it included all land, namely residential, agriculture, commercial and industrial.

“Agricultural and residential individual landowners will get up to 90 per cent discount on the premium while commercial land will get up to 80 per cent discount,” he said.

He said industrial land will get a discount of between 50 and 75 per cent, according to the criteria set by the state.

However, the discount is subject to the condition that the landowners cannot sell the land for the next 10 years.

“There will be a moratorium on the transfer of the land ownership for 10 years and if the landowner was to sell the land within this period, they will have to pay 100 per cent of the premium,” he said.

He said this is to prevent land speculation so that landowners do not take advantage of this leasehold extension premium discount.

Later, in a press conference, Chow said the state has between 20,000 and 30,000 leasehold lands of various categories.

“Over the past two years, several thousand leasehold lands in Penang, with leases of 60- to 99-year terms, are coming to an end. Some have ended and those with expired leasehold land are concerned whether the state will extend the lease,” he told reporters outside the house.

He said the state had been holding stakeholders’ engagement sessions and decided to extend all leases.

“These leases will be extended and if they apply for an extension, it comes with a premium and the state will give a discount on this,” he said.

He explained that the premium charged will be based on the land value so if the land is worth RM1 million, the premium to extend it for another 99 years will be RM1 million.

“So, in this case, with a 90 per cent discount, they have to pay RM100,000 to extend the lease for another 99 years,” he said.

He said this is based on the value of the land and does not include any properties on the land.

“This is the same for industrial land. Most are leasehold for 60 years and many of these have 10 to 20 years left,” he said.

He said the industries can extend the lease for another 60 years or 30 years, or even 99 years.

“With this decision, they can reaffirm their commitment to the industry here, they can keep the land and their facilities and based on the land valuation, they can pay a premium with a discount of at least 50 per cent to extend the lease,” he said.

(Source of news : Yahoo News)

Tuesday, November 1, 2016

2年售3房产征营业税.若报产业盈利税.征45%价差罚款

内陆税收局指出,无论是个人或公司户头,若在短时间内频密的交易房地产,将被税收局归类为商业活动,须缴交营业税,而不是产业盈利税。

 (吉隆坡、槟城30日讯)内陆税收局指出,无论是个人或公司户头,若在短时间内频密的交易房地产,将被税收局归类为商业活动,须缴交营业税,而不是产业盈利税。

税收局发言人对星洲日报说,该局将重新检视在2年内出售3个或以上房地产的纳税人与公司的报税户头,将他们原来按“产业盈利税”(RPGTReal Property Gain Tax)来呈报的房地产买卖,按其“频密性、贸易性质、融资模式及盈利”4大主要因素,改征营业税(BusinessTax),税率按个人及公司所得税征收。

由于错误缴税,凡是缴交产业盈利税的频密房地产交易者,将被税收局征收高达45%的价差罚款。

发言人说,这并不是新的税率,这是税收局用来区分“普通房地产买卖”及“商业性质房地产买卖”的大原则,也是用来决定一个纳税户需在房地产买卖中,缴付产业盈利税或营业税。

“产业盈利税是为了控制炒房现象而征收的税率,但如果太频密,以及有明显商业交易性质,能赚取盈利的房地产买卖活动,就需要缴交营业税。”
他建议被征收营业税的纳税人,向税收局查询或提出上诉,该局将胥视个案情况为他们讲解。

被追税者:被指售房“超额”
税额加罚款逾10

槟城一名不愿具名的被追税者向星洲日报透露,他在年中收到税收局的来函通知,指他在过去几年间出售的房产“超额”,必须缴纳营业税及高达45%的价差(盈利)罚款,总数超过10万令吉。

他说,他在完成产业买卖程序后,都有按规定缴纳产业盈利税,并非以企业方式销售或转让房产,既然不是产销人,那为何要报缴营业税?

“根据税收局官员的解释,只要在特定期间内转让或出售房产频繁度达到一定的次数,就被视为‘投资’或‘生意’,必须缴纳营业税。”

他坦承不满此解释,他与税收局官员沟通后,当局同意将他此前已付的产业盈利税用来抵销部份的欠税,但也要他签下同意书,承认自己欠税与逃税。

他说,根据了解,那些试图与税局抗辩的人,可能被征收更高的补税,这还不包括税务谘询、税务分析及报告书的收费。税务顾问的收费将视个案而定,介于1万至4万令吉。

税收局扩大追税对象
锁定雪隆槟新山

消息人士对本报指出,内陆税收局扩大追税对象,凡是在20112014年期间,转让或出售房产次数超过一定数量的人士,须缴付营业税,并予以重罚。

消息说,税收局锁定雪隆、槟城和新山,在这些屋价高企及房产交易频繁的地区,展开更严格的查税行动。

首波对象医生律师艺人

一名税务顾问说,近期的追税案例以涉及房产买卖居多,被追税的对象都是那些在2年以内,出售3个房产单位或以上者。

据了解,税收局向这批人追讨回来的补税加罚款,动辄每人10万令吉,或更多。
税收局是从今年开始,展开有史以来最大的追税动作,第一波对象是医生、律师及艺人,现已扩及其他领域。

消息说,市面流传“槟城很多有钱人”,因此当局将槟城视为追税重点区。
内陆税收局于31日推出“欠税罚款优惠措施”,只要在今年1215日前缴清个人所得税、石油税、产业盈利税或预扣税欠税,罚款可获折扣。

至于那些尚未提交往年报税表、或已提交报税表却没有正确呈报收入、出售产业但没有在规定限期内呈报者,主动自首可获不同幅度的罚款折扣。

文章来源:

星洲日报特别报道:许俊杰、陈嘉盈2016.10.30

Wednesday, July 20, 2016

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Tuesday, July 19, 2016

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Friday, July 15, 2016

The George Town World Heritage Special Area Plan (SAP) Will Be Gazetted This August 2016

GEORGE TOWN, July 5 — The George Town World Heritage special area plan (SAP) will finally be gazetted this August 1 and all businesses within the zone will have to comply with all regulations under the plan.
Housing and town and country planning committee chairman Jagdeep Singh Deo announced the implementation of the SAP at a press conference today.

“The gazetting of the SAP will enable the Penang Island City Council (MBPP) to monitor and ensure sustainable management of the heritage zone in accordance to the conditions set by the World Heritage Committee,” he said.

The SAP controls the management, restoration and developments within the heritage zone that covers 2,569 buildings in the core zone and 2,444 buildings in the buffer zone.

“With the implementation of the SAP, it will allow the local government to monitor all planning works, to impose development charges, to implement notices of land acquisitions and to declare development areas within the zone,” he said.

The SAP is one of the requirements imposed by Unesco upon the joint inscription of George Town and Malacca as world heritage sites.

The state government started drafting the SAP about six years ago and the first draft was publicly displayed in 2011 before two hearings on the draft was held.

The draft SAP was sent for translation to Malay and a planning and design guide for public realms was included into the SAP. Finally, the plan was approved by the state executive council on June 15 this year.
The SAP delineates the zones for buildings and land activity within the heritage area. For example, hotels fall into the tourism and leisure zone while the institution zone covers schools, police stations and fire stations; banks are in the financial zone and retail outlets fall into the enterprise zone.

It also contains plans to enhance public realms such as the waterfront promenade programmes encompassing the Green Hall-Esplanade waterfront, the upper Weld Quay waterfront and the clan jetties waterfront.
With the implementation of the SAP, local government committee chairman Chow Kon Yeow said this means all businesses and hotels within the zone will have to comply with the SAP regulations.

“With the SAP, regulations will be tighter and hotels that submit their applications for licences after August 1 will be subjected to the SAP regulations,” he said.

This means hotels that are not located within the areas specified for hotels will not be given approvals but this will not apply on hotels and businesses that have already obtained their licences before this.

Chow said hotels in the state have been given three years since the state government started its efforts to legalise all hotels.

“Hotels outside the heritage zone are given one last year to apply for a full licence because temporary permits will no longer be issued after November next year,” he said.
He reminded all hotels still using the temporary permits to speed up their applications for full licences for this final year.
(Article digested from Yahoo News)