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1:: |
I am a foreigner, can I buy a RESIDENTIAL
property in Malaysia?
Foreigners are allowed to acquire all types of residential units,
shop houses, office space and retail space in either old or newly
launched projects costing more than RM250,000.00 each without having
to set up a company with local equity. |
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2:: |
Are foreigners allowed to obtain loans
from the local finance institutions?
Foreigners are titles allowed to obtain their loans for the purchase
of the property from local sources. |
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3:: |
What are strata titles?
Strata titles are issued for subdivided buildings of two or more storeys
built on land held under a single final title. |
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4:: |
What is Service Charge?
Service charge is the sum of money that each strata owner is required
to contribute each month to defray the costs of maintaining the common
property.
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5:: |
How much should I pay for the legal fees?
Please be aware that the schedule for legal fees are numerous and
varied, thus it is advisable to consult your lawyers for the present
calculation of the legal fees.
| Consideration up to RM100,000 |
= 1% of the purchase price |
| Consideration up to the next RM4,900,000purchase
price |
= 0.5% of the |
| Consideration exceeding RM4,900,000
price |
= 0.25% of the purchase |
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6:: |
What is Mortgage Reducing Term Assurance
(MRTA) & should I pay for it?
Mortgage Reducing Term Assurance (MRTA) is a scheme where you are
covered for the amount of the loan for the period of the loan. MRTA
premium is one lump sum and very often the lending institution will
arrange fire and MRTA of insurance cover. If you pass away during
the period of the loan, the Insurance Company which issued the policy
will pay the outstanding balance of the repayment to the bank/finance
institution. |
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7:: |
How do I pay for the purchased unit
and when should I pay?
If you purchase a new unit directly from a developer, the purchase
price of the unit shall be paid by yourself to the developer by instalments
as prescribed on the Third Schedule of Sales & Purchase Agreement
(Schedule of Payment of Purchase Price). Every notice referred to
in the Third Schedule requesting for payment shall be supported by
a certificate signed by the developers architect in charge of the
development.
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8:: |
What are the documents required to execute in order to formalize
the sale & purchase of a property?
i) Sale & Purchase Agreement [SPA] (for landed properties & subdivided
buildings)
ii) Deed of Mutual Covenants [DOC]) (for subdivided buildings only)
The SPA is a legal contract entered between the developer/vendor
and the purchaser and sets out the terms and conditions governing
the sale and purchase of the property.
Under the Housing Developers (Control & Licensing) Regulations 1989,
the SPA has to follow the standard formats set out in Schedule G
for landed properties and Schedule H for subdivided buildings.
The DOC is a supplemental legal document entered into between the
purchaser and the developer and contains provisions binding all
occupants for the peaceful and beneficial enjoyment of all property
parcels as well as the common property contained in the whole development.
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9:: |
What are the procedures and documents
required to apply for a housing loan?
You will required to fill in an application form for the loan with
the following details:
1) Personal particulars
2) Particulars of employment/income
3) Particulars of joint applicant, if any
4) Financial particulars
5) Particulars of loan applied
6) Details of property to be financed
7) Particulars of other loans taken from other financial institutions,
if any
8) Declaration
Documents required
1) Photocopy of identity card
2) Photocopy of the Sales & Purchase Agreement
3) Photocopy of the last three (3) years Form J or EA Form
4) Photocopy of the last 3 months salary slips
5) Letter of Confirmation of employment (for employees)
6) Photocopy of the last 6 months bank statement (current, savings
or fixed deposits)
7) Photocopy of the last2 years profit & loss account (if self-employed)
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10:: |
What is Real Property Gains Tax (RPGT)?
RPGT is chargeable on the net gains to the property owner upon disposal
of the property. Expenses incurred in acquiring as well as disposing
the property can be deducted from the gains made on the sale of the
property.
The RPGT for Malaysian tax residents is computed on a sliding scale
as follows: (based o current tax rates)
| Year
of disposal |
Tax rate
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| Within
the first 2 years |
30% |
| Within
the third year |
20% |
| Within
the fourth year |
15% |
| Within
the fifth year |
5% |
| After
the fifth year |
Nil for individual & 5% for companies |
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