FAQ

Malaysia: Can leasehold be transferred to freehold?

Application can be sent to the land office, but in general it is difficult to succeed.

Malaysia: Which document can prove that I am the owner of my property?

For land : it is 'Title Deed'; for building : it is 'Sales & Purchase Agreement'.

Malaysia: What is State Consent?

According to Malaysia Land Law 1965, non- malaysians only can purchase property if they obtain a permit from state government.

Malaysia: What is 'Master title'?

A title issued by government to a land or building development project.

Malaysia: What is 'Strata Title'?

A title issued by government for each owner on the un-implemented condominium or building.

Malaysia: What's 'State Consent'?

According to Malaysia Land Law 1965, non- malaysians only can purchase property if they obtain a permit from state government.

Malaysia: What is MOT?

A document prepared when master title is transferred to strata title.
It is executed by the buyer after handover of a presale property, and before the application of strata title, or around the handover of a completed property. (In Taiwan, buyers need to sign the MOT at MALAYSIAN FRIENDSHIP AND TRADE CENTRE, TAIPEI and pay for legal fee.)
 

Malaysia: What is 'DIBS'? (cancelled from year 2014)

A scheme that developer will pay banks (on behalf of the buyers) all the loan interests generated during construction period until the delivery of vacant possession.
 

Malaysia: Can foreigners own properties in Malaysia?

Foreigners can purchase a property in Malaysia after they get the approval from Malaysia state government.

Malaysia: Are there any restrictions for holding a Malaysia land ownership ?

There is no time limit for freehold.

For leasehold, there is a time restriction, mostly 99 years of duration.   

Malaysia: Are there any subsequent problems after purchasing a leasehold property?

When the leasehold expiries, government may expropriate the related land by paying the owner compensation if they need the land. Otherwise leasehold can be renewed by the heir.

Malaysia: Is there a ratio of public facilities in Malaysia?

When one purchases a condominium in Malaysia, the public facilities and car parking space are excluded from the agreement floor plan, but the balcony is included.  According to Taiwan 30% ratio, if purchase a 50ping condominium, Taiwan's indoor space available is only 35 ping but in Malaysia there is 50 ping available. If property purchased at the same price, Malaysia property worths more. The difference is: 500,000*50ping= 25 million; 25 million/35ping= 710,000.

Malaysia: How to determine the size of the property?

Malaysia determinse the property size by using British Standards of Weights and Measures. The common use is Square meters (SQM) and square feet (SQFT). 1 ping =3.30579 square meter ; 1 square meter = 0.3025 ping.

How to calculate and make payment for Master Title?

RM0.06 per square feet. Pay annually before 28 February by construction then just collect from each household.

How much to pay for land tax and assessment tax each year?

About RM 1,000-3,000.

Assessment Tax Rate:Based on each year estimate value

Property type

below 36 square miles

 

36 square miles and above

 

 

2013

2014

2013

2014

Commercial buildings

12%

10%

10%

8%

Condominium

10%

7%

8%

5%

Residential

6%

4%

6%

4%

Budget flats

6%

2%

6%

2%

Commercial space area

7%

5%

6%

5%

Vacant area

2%

1%

2%

1%

What payment should be make when changing name for strata title. How to calculate it?

Stamping fee

Sales & purchasing price

Rate

0-RM100,000

1%

RM100,001- RM500,000

2%

RM500,000以上

3%

Should pay for 'Strata Title stamp duty' when Sales & Purchasing of real property? How to calculate?

Only required to pay If buyer purchase a pre-sales house after developer send out Strata Title. However, if buyer purchase a complete house with Strata Title, then payment should be make within one month.

Sales and Purchasing Price

Rate

0-RM100,000

1%

RM100,001- RM500,000

2%

RM500,000以上

3%

 

 

 

Did rental contract levy for stamp duty?

YES, calculated based on:

 Tax allowance:RM 2400

Rental period

Rate

In one year

RM 1/250

one year - two years

RM 2/250

More than three years

RM 4/250

外國人在馬來西亞的房租收入需不需要繳稅?

需要,稅率為26%,每年五月繳付。

外國人在馬來西亞的房租收入是不是要全額繳稅?

不是,可以扣除地稅、門牌稅、貸款利息、火險及地震險保費、房屋維護及裝潢費用、購置家具費用、物業代管費、計算及收取租金的費用及介紹租戶的佣金。實務上,只要有收據而數額占房租收入的10-15%皆可扣除。

產業盈利稅如何計算?

依2014年的規定:

脫售產業

公司

個人

(公民及永久居民)

非公民

3年內

30%

30%

30%

第4年

20%

20%

30%

第5年

15%

15%

30%

第六年及之後

5%

0%

5%

馬來西亞對外國人擁有的房產是否徵收贈與稅或遺產稅?

不徵收。但台灣仍會對台灣人在台灣以外的地方所擁有的財產課徵贈與稅或遺產稅。

Whether the property can be jointly owned? Maximun number for jointly owned?

As long as over 21 years old, there is no other restriction for jointly owned. According to previous cases, more than three will lead more disputes. Also create more trouble when need to transfer.

Description of Basic Tax levy for Personal's Oversea Income.

From year 2006, implementation of ‘Basic Income Tax Act’. The purpose is to allow some people with higher income but pay less or even do not need to pay tax, to be paid at least the basic income tax to promote tax fairness. According to Article 12 of the Ordinance, individuals should be included in taxable for personal income from overseas since 1 January 2010.

The main reason personal oversea income should be included is before this act, consolidated income tax only taxable for oversea income source from Republic of China. This is not fair caused people moving their fund for investment in others country but the income is no taxes. This also will lead capital outflows. Personal oversea income included in Basic Income Tax Act may reduce the taxable differences for income source from Republic of China and others country. This act in line with international practice.

Tax payable for Oversea Income include:

  1. Nationality for Republic of China and who lived in Taiwan(regardless how long stay) ; or
  2. Not nationality for Republic of China,but stay at Taiwan for accumulate 183days in the year.

People still do not have to declare oversea income if he fulfill above condition but income less than a certain amount. People who income reach certain amount but paying less tax or even free from taxes will required to pay the Basic Income Tax, so the actual affected is limited.

  1. Not required to declare if a family oversea income below NTD one million.
  2. Not required to declare if a family oversea income above NTD one million, but below six million after added income source from Republic of China
  3. Should be declare if a family oversea income above NTD one million, and income source from Republic of China exceed six million.
  4. Not nationality for Republic of China, but stay in Taiwan for accumulate of 183 days in the year.

So that, only people with higher income should declare for oversea income, there is not affected for public.

 

Malaysia: Under what circumstances is paying attorney's fees required?

When signing for "purchase and sale agreement", "loan agreenebt", "rental agreement" and "pre-sale agreement of sale and purchase".

Malaysia: How to determine attorney's fee for Sales and Purchase Contract?

Sales and Purchase value

Rate

0- RM 150,000

1%(minimun amount RM300)

RM 150,001-RM 1,000,000

0.7%

RM 1,000,001- RM 3,000,000

0.6%

RM 3,000,001-RM 5,000,000

0.5%

RM 5,000,001- RM 7,500,000

0.4%

Above RM 7,500,000

by negotiated, shall not exceed 0.4%

Example:

Property value: RM 500,000,Attorney's fee: RM 3,950。

Property value: RM 1,000,000,Attorney's fee: RM 7,450。

Malaysia: How to determine attorney's fee for Loan Contract?

Amount of loan

Rate

0- RM 150,000

1%(minimun amount RM300)

RM 150,001-RM 1,000,000

0.7%

RM 1,000,001- RM 3,000,000

0.6%

RM 3,000,001-RM 5,000,000

0.5%

RM 5,000,001- RM 7,500,000

0.4%

Above RM 7,500,000

By negetiate,shall not exceed 0.4%

Example:

Amount of loan: RM 500,000,Attorney's fee: RM 3,950。

Amount of loan: RM 1,000,000,Attorney's fee: RM 7,450。

Malaysia: How to determine attorney's fee for a rental contract with a term not exceeding three years?

Monthly rental

Rate

0-RM10,000

25%(minimum RM300)

RM10,001- RM100,000

10%

Above RM100,000

by negetiate,shall not exceed10%

 

  Example:

  Monthly rental: RM 5,000,Attorney's fee: RM 1,250

 

 

Malaysia: How to determine attorney's fee for a rental contract with a term exceeding three years ?

 

Monthly rental

Rate

0-RM10,000

50%(minimun amount RM600)

RM10,001- RM100,000

20%

Above RM100,000

by negotiate,shall not exceed 20%

 

  Example:

  Monthly rental: RM 5,000,attorney's fee: RM 2,500。

Malaysia: What is a guaranteed rental return?

Buyer can enjoy a fixed rental return if he has signed the article for guaranteed rental return. Buyer does not need to worry about vacancies or surrender of tenancy. A substantial increase in investment returns lead the buyer to a relaxed owner. In media propaganda,guaranteed rental return rate should be: purchasing price x the percentage set =annual guaranteed rental return ( in Ringgit Malaysia).

Malaysia: What documents should a foreigner submit when apply for housing loan from a Malaysian bank.

  1. A photocopy from cover to the underside page of passport. (court or public notarization is needed)
  2. Identity Card and Health Insurance Card
  3. Two business cards (if any)
  4. Mailing address, contact number (home, company, cellphone, email)
  5. Occupation proof with position and salary (court or public notarization is needed). The last two- years income tax and latest six-month payrolls.
  6. Financial proof (court or public notarization is needed): Photocopy of bank passbook for salary, proof of more than three million deposit balance and proof of other income (eg. rental agreement)
  7. Company information (if owns a company):  proof of company registration, last two-years company’s financial report, company's certificates of deposit, photocopy of company's bank passbook.

  8. Saving certificate from a Malaysia bank or financial corporation (preferably but not necessary)

  9. Original copy of Sales and Purchase Agreement

 

Note: All documents are preferably provided in English with quadruplicate. It is more advantageous if document are thoroughly prepared.

 

Malaysia: The bank loan amount normally takes up to what percentage of the purchase price?

Normally it is about 50%, unless financial information is more sufficient.

Malaysia: After a loan application is submitted, how long will one know the loan amount?

Because of the low efficiency in Southeast Asia, normally it takes about three months.

Malaysia: When did the lender start to repay loan and interest?

Loan amount should be repaid after the house is turned over.

When is the interest paid depends on whether it is with or without DIBS.

-with DIBS: interest is paid after the house is turned over.

-without DIBS:  after the bank allocates funds.

Malaysia: What are the different responsibilities between a joint lender and a guarantor?

Joint lenders are two or more people apply for bank loans together. They also share the burden of repayment liability together. The bank can simultaneously request the joint lenders to repay the debt.

A guarantor only guarantees the lender's repayment obligation. If lender does not repay the loan, the bank should first request from lender and bring this to a court proceeding. After that, a repayment request can be made to a guarantor if there are arrears due.
 

 

Malaysia: What procedure are there after the loan settlement is complete?

We must ensure that all related procedures are properly handled after the loan settlement is complete. The bank must sign a release of mortgage documents. Then the solicitor will bring the related document together with original copy of Title to the Land Authority Office to release the mortgage.  

Malaysia: What are the rights and obligations of a lender? What are the authority and responsibility of a bank?

Being a lender, we should know our right but also the authority that can be performed by a bank in order to protect our own interests. Below are the rights and responsibilities of both:

1. Lender's rights:

  • Obtain all information that will affect the loan decision.
  • Receive professional and unbiased treatment
  • Obtain an adviser for relevant changes of the loan term.
  • Receive accurate account information.

 

2. Lender's responsibilities         

  • Read and understand all the terms of loan
  • Comply with loan terms
  • Fulfill requirements of loan and understand the content
  • Repay on time

3. Bank's rights

  • Get information regarding lenders' credit condition
  • Collect proper and realistic information regarding the lender
  • Take legal action when a lender breaches the ontract
  • Receive the loan repayment and interest on time

4. Bank's responsibilities

  • Fulfill duties for lenders
  • Give advice or negotiate with customer when there are changes on loan
  • Take care and handle requirement and inquiry from the lender

Malaysia: What should we do if developer goes bankrupt during the construction period?

Basically another developer will take over.  If no other developer takes over, solicitor that handles the Sales and Purchase Agreement will inform buyers, collect and integrate the opinions from all buyers, and receive appointment to file to the court. Court will then issue an order to professional team to take over .

Malaysia: Can one change house number if it sounds ominous such as 4 or 14?

YES. You should pay an administrative fee according to the regulation.

Malaysia: Which department should I apply for the change of house number?

The City Hall (DBKL) & Land office where the property is located.

Malaysia: Is it contravening the agreement of sale and purchase if developer does not install water & electricity meters before handover?

It is not contravening the agreement of sale and purchase. Some developers do not install water and electrity facilities before the handover in order to prevent them from being stolen. Normally, developer will make an appointment with the owner to make such installations after the house key is handed over.

Malaysia: Under what circumstance can the developer hand over the property?

With an approval letter from the architect (saying the construction has completed), availability of electricity and water supplies and submission of Borang E [must come with an approval letter from seven departments (as supporting letter)].

Malaysia: What should I do if I lose my Title?

First, you should put on report, then take an oath at Land Office and wait for a new replacement there. 

Malaysia: Can a foreigner purchase a property that is reserved for the indigenous (Malays)?

Basically not. Malaysia has restricted that 30% of non-commercial district land must be retained to Malays. If there is no buyer for a certain period, they should make an announcement through newspaper that Malays should come to buy the land. Only when there is still no one to buy it, it will be made available to non-Malays.

 

Malaysia: What to do if the tenant owes more than two months rentals within agreement term?

First, send a lawyer's letter to notify the tenant to settle the rentals within a reasonable period.

After that, request a property management company to cut off water, electricity, and gas supply.

Report the police if the tenant still refuses to pay.

Malaysia: What should I make a warranty claim against the defect to developer?

Inform the developer in writing that, the developer should repair the defect within 30 days from the date receiveing the letter. Otherwise, the buyer can find a contractor to assess the repair and send the quotation to developer. If still no action is taken, the buyer should repair the defect and send bill to developer.

 

Malaysia: What is 'DISS'?

After DIBS (Developer Interest Bearing Scheme) is prohibited by government, developer launches a similar promotion. The difference is after the purchasing procedure is completed and during the construction period, developer will refund part of the payment to the buyers as housing loan interest.

 

Malaysia: What is a 'sinking fund', and how is it different than management fee?

Management fee refers to 'people' while sinking fund refers to 'things'.

Sinking fee: is a fee used to maintain property and paid monthly. Its amount is 10% of the management fee.



Exclusive News

Real estate investors look to Southeast Asia
2017-01-11
〔THE CHINA POST〕 TAIPEI, Taiwan -- Facing a low-performing local real estate market, Taiwanese investors are reportedly putting their money abroad in up-and-coming development properties throughout Southeast Asia. Two large international real estate firms hosted separate press conferences on Tuesday to analyze the latest trend in real estate purchases. According to Executive Director David Chin (泰啟松) of Asia Pacific International Property, the firm, which specializes in real estate transactions in the Asia-Pacific region, made nearly NT$7.3 billion in sales.