ESTATE TAX PLANNING IN MALAYSIA
Blenheim Palace was the home of Winston Churchill’s family for many generations, but like so many other English stately homes which are now open to the public, it owes its present status to the ravages of estate dutyPosted Date: Oct 15, 2010 By: Richard Thornton |
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目前分類:馬來西亞 (21)
- Dec 30 Tue 2014 11:28
馬來西亞遺產稅
- Dec 30 Tue 2014 10:59
馬來西亞遺產移轉請務必先在馬來西亞立遺囑,會方便房地產未來的移轉
Wills and Inheritance in Malaysia
Information pertaining to writing a will in Malaysia, and the laws relating to inheritance and distribution in Malaysia…
The purpose of writing a will is for a person to leave behind a legacy for loved ones, and to ensure that they are well provided for in the unfortunate event of the testator’s passing. If a person dies intestate (without having written a valid will), then the provisions under the Distribution Act 1958 will apply unless he or she is a Muslim in West Malaysia and Sarawak or is a native of Sarawak. If the person is in the state of Sabah, then the Intestate Succession Ordinance 1960 will apply. Both the act and ordinance set out the manner of distribution of any property to specific beneficiaries, after all outstanding debts (including taxes) are paid. In addition, the provisions under the Inheritance (Family Provision) Act 1971 allow the courts to grant an order that the maintenance of certain categories of dependents shall be reasonably provided for where such dependents have not been provided for, or are inadequately provided for, under the testator’s will.
Foreigners and Wills(馬來西亞外國人與遺囑)
Malaysia recognises the validity of international wills that relate to properties and assets owned by the testator in other parts of the world. However, it is highly recommended that a foreigner make a will in Malaysia under the following circumstances:(馬來西亞承認國外遺囑,但是最好在馬來西亞本地立有遺囑)
- They are living permanently in Malaysia and would be considered a ‘permanent resident’ of Malaysia at the time of their passing
- They own immovable properties in Malaysia (land and buildings, for instance)(當你有房地產在馬來西亞,最好在馬來西亞有遺囑,當然國外的遺囑也可以)
Failure to make a will in Malaysia may mean that delays occur in the transfer of their properties and assets in Malaysia to their beneficiaries, wherever they may be. In short, having a will made in their country of origin that covers all assets is still valid, but there may still be delays when it is applied in Malaysia, especially when it involves immovable properties bound by administrative red tape. As such, it would be advisable to make a will in Malaysia addressing Malaysian properties and assets to avoid the risk of delays that may take years to settle.(如果遺囑是國外的遺囑,雖然可受益,但是會拖慢受益人受益的時間)
Qualifying to Make a Will
There are three prerequisites that must be satisfied when making a will before it is considered valid:
- The testator must be at least eighteen years old as stipulated under the Age of Majority Act 1971 in West Malaysia and Sarawak, whereas in Sabah, the age of majority is twenty-one years old as stated under Section 4 of the Wills Ordinance 1953(立遺囑人必須年滿18歲)
- The testator must be of ‘sound mind’ (“testamentary capacity”) as provided by Section 3 of the Wills Act 1959(立遺矚者必須頭腦清楚)
- The will must be in writing, and must also be signed by the testator (or affixed with the testator’s mark) at the foot or end of the will in the presence of two witnesses. The will must be attested by two or more witnesses in the presence of the testator and each other(立遺囑時必須有兩位見證者,必須被書寫成文字)
Intestacy – Letter of Administration
When a person dies intestate (without leaving a valid will), there may be a delay in distribution due to the following:
- Choosing an administrator: the beneficiaries may not agree on the person intending to apply for the Letter of Administration. The Probate and Administration Act 1959 requires all lawful beneficiaries to waive in writing their right to be administrator when appointing an administrator
- Valuing the estate: a lot of time and manpower is required to locate, collect, assess and value all assets and liabilities. As a result, there will be increasing costs to the estate and its beneficiaries as the need for legal services, accountants, tax consultants and other professionals arises.
- Finding two sureties: the administrator must find two sureties to sign an administration bond, and the sureties must have assets within the jurisdiction equivalent to the value of the deceased’s estate. However, no surety is required if:
- the estate does not exceed RM50,000
- a trust corporation is being appointed as the administrator
- the administrator is the sole beneficiary, in which case sureties are waivered at the discretion of the court (as per Section 35 of the Probate and Administration Act 1959)
- Lawful beneficiaries: When an individual dies intestate, their estate is distributed according to the Distribution Act 1958. Due to the delays caused by the factors mentioned above, sometimes the estate will have to be distributed to many beneficiaries who inherit from the original beneficiaries (who may have passed away over time), or who may have relocated to different countries. Even if there are no difficulties with having many beneficiaries or with finding them, the application of the intestacy law in Malaysia will create other difficulties as shown below, be it the Distribution Act 1958 or the Intestate Succession Ordinance 1960. In addition, the intestate will not be able to dictate the terms of the distribution of their estate to the people chosen to be beneficiaries, determine what assets are to be inherited by whom, or choose the manner of their distribution. Section 6 of the Distribution Act 1958 Provides the following:
Intestate dies leaving surviving: | Distribution of Estate: |
---|---|
Spouse only (no parent(s) or issue) | Spouse: whole estate |
Spouse and parent(s) (no issue) | Spouse: 1/2; parent(s): 1/2 |
Issue only (no spouse or parent(s)) | Issue: whole estate |
Parents(s) only (no spouse or issue) | Parent(s): whole estate |
Spouse and issue (no parent(s)) | Spouse: 1/3; issue: 2/3 |
Parent(s) and issue (no spouse) | Parent(s): 1/3; issue: 2/3 |
Spouse, parent(s) and issue | Spouse: 1/4; parent(s): 1/4; issue: 2/4 |
No spouse, issue or parents | The following person(s), related to the intestate and alive at the death of intestate, in the following order:
|
In default of any person taking absolute interest under the foregoing provisions S.6(1)(a)-(i) | Whole estate, except land, to the government (land remains frozen) |
Employee Pension Fund (EPF)
It is highly recommended that all employees who contribute to the Employee Pension Fund (EPF) nominate their beneficiaries on the EPF nomination form. Failing this, the EPF assets will be distributed in accordance with their will. If the person dies intestate, then it will be distributed in accordance with the acts earlier stated.
Cancellation, Alteration and Revocation
A will is automatically revoked when one or more of the following circumstances occur:
- Marriage: marriage will revoke a will made earlier by the testator unless it was expressed in the will that it was made in contemplation of marriage, and shall not be revoked by the solemnisation of the marriage contemplated to the named fiancé(e) (Section 12, Wills Act 1959)
- Writing a new will: only the latest will would be recognised as the valid one by the courts (Section 14, Wills Act 1959)
- Declaration in writing of an intention to revoke the will: the testator makes a written statement about their intention to revoke the will. The said statement has to be signed by the testator in the presence of two witnesses
- Conversion to the Islamic faith: Section 2(2) of the Wills Act 1959 states that the Act does not apply to wills of persons professing the religion of Islam. When the testator (previously a non-Muslim) embraces the Islamic faith, the will made previously shall be void as it no longer comes under the ambit of the Wills Act 1959. The testator, after conversion, can write a new will in accordance with the Islamic Laws whereby only one third of the total estate can be disposed of by way of a will, and the remaining two thirds by Sijil Faraid (a certificate of Muslim inheritance law). If the Muslim testator would like to dispose of more than one third of their total estate, the consent of all lawful beneficiaries must be obtained
- Intentional destruction: a will can be burnt, torn or otherwise intentionally destroyed by the testator or a third party in the presence of the testator and under their direction, with the intention to revoke the will (s. 14). Accidental or malicious destruction by a third party does not render the revocation effective
Probiz Business Services
4 Lorong 14/37E, 46100 Petaling Jaya, Selangor D.E.
Tel:01 2236 7881 e-mail
- Dec 27 Sat 2014 22:56
依斯干達特區iskandar介紹網站
http://www.iskandar.asia/iskandar-malaysia/introduction.html
這當中提到依斯干達特區的分區,與一些重點句子
Committed investments have reached RM105.14 billion as at end-November 2012
依斯干達特區投資金額達馬幣1050億....
Iskandar consists of 5 flagship development zones, i.e. Flagship Zone A to E
依斯干達特區含5個旗鑑區
Legoland Malaysia is the 6th Legoland Theme Park in the world, the 1st Legoland Theme Park in Asia
依斯干達特區含樂高樂園
Johor Bahru City Centre to Medini: 12 minutes via Coastal Highway
6 promoted service sectors in Medini enjoys attractive incentives
The Gross Development Value (GDV) of Medini is estimated at RM70 billion over the next 20 to 25 years
EduCity will house at least 10 universities from all around the world
以上網站中說明,會影響到房價!!
- Dec 27 Sat 2014 22:39
依斯干達特區Medini的介紹網站
http://www.gcdmedini.com/index.php
這網站當中提到Medini特區的分區方法,公共設施與對於外國人的優惠投資條件!!
- Dec 27 Sat 2014 21:25
馬來西亞與新加坡高速鐵路站點位置
Gerbang Nusajaya earmarked for Kuala Lumpur-Singapore high-speed rail (HSR) station?
25-Feb-2013: The Star reported that Nusajaya in Iskandar Malaysia has been earmarked as one of the three stop stations in Johor for the proposed high-speed rail (HSR) linking Kuala Lumpur and Singapore. Malaysia and Singapore had on 19-Feb-2013 jointly announced their agreement to build the HSR between Singapore and Kuala Lumpur. The 90-minute travel via HSR plying Kuala Lumpur, Seremban, Ayer Keroh, Muar, Batu Pahat, Iskandar Malaysia and Singapore is expected to be materialized by 2020.
www.iskandar.asia reckon if Nusajaya is utimately selected as the last southern stop before heading to Singapore, the station will likely be located at Gerbang Nusajaya. The 4,550-acre Gerbang Nusajaya is envisioned to be a Gateway City to economic opportunities and a high quality of life. Till date, 3 major investments from Singapore have been confirmed in 2012, i.e. the 519-acre Ascendas-UEM Land Tech Park (AUTP) with gross development value (GDV) of RM3.7 billion, Singaporean billionaire Peter Lim's 270-acre Motorsports City with GDV of RM3.5 billion and Chinamall Holdings Pte Ltd's 32-acre China Mall (part of the overall Asian Trade Centre) with GDV of RM562 million.
Possible Options for Kuala Lumpur Station:
KL Eco City, Tun Razak Exchange (TRX), Bandar Malaysia @ Sungai Besi, Menara Warisan Merdeka or Putrajaya?(吉隆坡高鐵站點位置)
Possible Options for Iskandar Malaysia Station:
Gerbang Nusajaya or Sunway Iskandar Medini Living Zone F?(依斯干達特區高鐵站點位置)
Possible Options for Singapore:
Jurong Lake District or Tuas??(新加坡高鐵站點位置)
有一些業務員會誤導所謂的站點,但是其實在馬來西亞的新聞有公佈可能的地點,與業務員所說的站點會明顯不同!!
- Dec 27 Sat 2014 20:09
馬來西亞新加坡高速鐵路
Nusajaya earmarked for S’Pore-M’sia high-speed rail station(備註:Nusajaya設站)
Posted on February 25, 2013 | 811 views | Topic : Featured, Property News.
By ZAZALI MUSA
IRDA CEO says spacious area will be a better choice for project
JOHOR BARU: Nusajaya in Iskandar Malaysia has been earmarked as one of the three stop stations in Johor for the proposed high-speed rail (HSR) linking Kuala Lumpur and Singapore.
Iskandar Regional Development Authority chief executive officer Datuk Ismail Ibrahim said as a green-field area, Nusajaya would definitely be a better choice for the stop station.(備註:指名Nusajaya的green field是設站好地點)
Ismail said several issues had to be looked into in the development of the HSR, including land acquisition and the relocation of residents affected by the project.
“The type of users of the service will be what finally determines the terminals or the stop stations for the system from KL to Singapore,” he told StarBiz.
On Wednesday, Transport Minister Datuk Seri Kong Cho Ha said five towns in the country had been earmarked as “stop stations” in the initial plan for the HSR; Seremban, Ayer Keroh, Muar, Batu Pahat and Iskandar Malaysia.
Malaysia and Singapore had on Tuesday jointly announced their agreement to build the HSR between the republic and Kuala Lumpur, expected to be completed by 2020.
The proposed project will cut travel time between the two capitals to just 90 minutes from the five hours of driving and seven hours by rail at present.
(備註:吉隆坡至新加坡90分鐘可以到達)
“Nusajaya, spanning 9,712.45 ha, is a good location for the stop station as opposed to the existing JB Sentral KTM station here which is facing space constraints,” said Ismail.
He said the Nusajaya terminal would be connected to Kempas Baru, which had been designated as an integrated public transportation hub for Iskandar Malaysia.
(Nusajaya terminal會變成依斯干達地區的交通輸紐)
Ismail said it would have all modes of transportation connecting to different flagship development zones in Iskandar Malaysia, with taxis, rapid bus transits and intra-city commuter train services for commuters.
On the Malaysia-Singapore Rapid Transit System (RTS) link, he said both countries did not have to wait for the one-year cycle to make a decision on the project.
“We are giving ourselves ample time on the project. If both governments find the study is good, then it can start anytime,” Ismail said, adding that there would be two options for the RTS project linking Johor Baru and Singapore for the trains to either run above ground (grate) or via undersea tunnel.
He said the first option could be a causeway (a land bridge), while the second option could either be a low bridge or a high bridge.
A low bridge is anything below 15 metres in height, which is impassable by boats, while a high bridge is more than 35 metres or equivalent to a seven-storey building that would allow a liner to pass through.
Ismail said if the undersea tunnel were chosen for the project, then there would also be a choice of it being either a sunken tunnel or a bore tunnel.
He said the undersea tunnel was a more favourable option as it would cause minimal disruption to traffic movements during the construction period, as the project would be located nearby the Customs, Immigration and Quarantine (CIQ) complexes of Malaysia and Singapore.
“However, the final outcome on the type of link to be built will all depend on the recommendations of the study for the two governments involved as well as costing,’ he elaborated.
Ismail said it did not matter what the final choice was, but the main objective of the RTS was to improve connectivity and accessibility between Johor Baru and Singapore.
The terminating stations of the link would be at the former site of the Tanjung Puteri Lorry Custom Complex here and in the vicinity of the Republic Polytechnic in Singapore.
The RTS link is targeted to be up and operating by 2018 and have a co-located (CIQ) facility in Singapore and a co-located CIQ facility here so that commuters need to clear immigration only once for each way of travel.
The Johor Causeway, which is about 1.06 km long, was completed in 1932 and links Johor Baru to Woodlands on the other side of the Straits of Johor.
About 80,000 to 100,000 vehicles use it daily.
Johor and Singapore are also connected via the Second Link, a dual three-lane carriageway linking Tanjung Kupang to Tuas in Singapore. The bridge is about 1.9 km long.
- Dec 27 Sat 2014 19:42
馬來西亞新加坡間的高速鐵路
Kuala Lumpur–Singapore High Speed Rail
The Kuala Lumpur - Singapore High Speed Rail (HSR) project was announced by the Malaysian Prime Minister Najib in September 2010 and is proposed to connect Kuala Lumpur and Johor Bahru with Singapore.[1] On February 19, 2013, Singapore and Malaysia have officially agreed to build a high-speed rail link between Kuala Lumpur and Singapore by 2020 at a meeting between Singapore’s Prime Minister Lee Hsien Loong and Malaysia’s Prime Minister Najib Razak in Singapore. [2]
Plan details[edit]
The KL - Singapore section will be about 400 km and the travel time will be 90 minutes.[9] The construction cost will be MYR 40 billion.[10][9] The project will request the construction of a brand-new line with dedicated tracks, which will allow trains to travel at least 250 km/h.[2] YTL and SPNB will co-ordinate the project for the essential construction within the Malaysia corridor, whereas LTA will be in charge for Singapore corridor.
Stops in Malaysia[edit]
Malaysia's Land Public Transport Commission chairman, Syed Hamid Albar, announced the stops in Malaysia on October 22 2014. [11]
Stops in Singapore[edit]
The Singapore government is still considering three options to site the Singapore station. [12]
高速鐵路的停靠站點會影響房價!!!
Singapore and Malaysia have announced that the high speed rail proposal will be finalized by end of 2014 with a targeted completion date at 2020
馬來西亞與新加坡高速鐵路完工日期為2020年
- Dec 27 Sat 2014 17:22
馬來西亞國宅計畫,有可能影響馬來西亞房價!!
http://lcthelittleguy.blogspot.tw/2014/09/pr1ma-38-Location.html
這當中的房子相當便宜,有可能影響馬來西亞外國人購買房子的房價!!
- Dec 27 Sat 2014 17:06
馬來西亞有類似台灣的國宅計畫,有可能造成不公平競爭環境
一马房屋计划是马来西亚政府推出的房屋计划,这个计划的目的是为了让国人能够购买属于自己的房子。一马房屋计划的房子都比市场上的房子价格便宜大约10%。一马房屋计划的申请条件很简单,只要是大马公民,21岁或以上,家庭或个人收入介于RM 2500 – RM 10,000,这里要提醒大家的是一马房屋计划负责单位并没有委任第三方帮忙申请,所以有兴趣的网友都需要自行注册申请。还有目前为止,有关当局并没有列明申请的截止日期,所以大家随时都可以申请,一直到另行通知为止。
州属 / States
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计划 / Project
|
房子类型 / Home Type
|
数量 / Total Units
|
价格 / Prices(RM)
|
地区 / Zone
|
巴生谷一带 / Klang Valley
|
Apartment
|
2074
|
218,000
|
Bandar Tun Razak – Sungai Besi
|
|
|
Apartment
|
543
|
275,000
|
Pusat Bandaraya
|
|
Apartment
|
416
|
225,000
|
Bukut Jalil - Seputeh
|
||
Apartment
|
800
|
335,000
|
Wangsa Maju - Maluri
|
||
|
Apartment
|
1200
|
158,000
|
Kajang
|
|
|
Apartment
|
803
|
270,000
|
Pusat Bandaraya
|
|
|
Apartment
|
1200
|
265,000
|
Kajang
|
|
|
|||||
吉打 / kedah
|
|
Landed
|
323
|
215,000
|
Baling
|
|
Landed
|
1349
|
118,000
|
Sungai Petani
|
|
|
Landed
|
1395
|
255,000
|
Sungai Petani
|
|
|
Landed
|
236
|
145,000
|
Kulim
|
|
PR1MA@Langkawi
|
Apartment
|
1000
|
未知
|
Langkawi
|
|
|
|||||
森美兰 / Negeri Sembilan
|
|
Apartment
|
3196
|
未知
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Seremban
|
|
Landed
|
640
|
265,000
|
Port Dickson
|
|
|
|||||
柔佛 / Johor
|
|
Apartment
|
1284
|
180,000
|
Johor Bahru
|
|
Landed
|
475
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185,000
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Pasir Gudang
|
|
|
|||||
霹雳 / Perak
|
|
Apartment
|
1011
|
250,000
|
Ipoh
|
|
Apartment
|
371
|
198,000
|
Ipoh
|
|
|
Landed
|
525
|
260,000
|
Taiping
|
|
|
Landed
|
198
|
155,000
|
Tanjong Malim
|
|
PR1MA@Teluk Intan
|
Apartment
|
360
|
160,000
|
Teluk Intan
|
|
|
|||||
槟城 / Pulau Pinang
|
|
Apartment
|
2100
|
未知
|
Pulau Pinang
|
|
Apartment
|
9564
|
未知
|
Pulau Pinang
|
|
|
|||||
沙巴 / Sabah
|
|
Apartment
|
750
|
280,000
|
Sandakan
|
|
Apartment
|
1000
|
150,000
|
Sandakan
|
|
|
|||||
砂拉越 / Sarawak
|
|
Apartment
|
1877
|
235,000
|
Kuching Utara
|
|
Apartment
|
1560
|
198,000
|
Pandawan
|
|
|
|||||
玻璃市 / Perlis
|
|
Landed
|
231
|
198,000
|
Kangar
|
|
|||||
马六甲 / Melaka
|
|
Apartment
|
600
|
180,000
|
Melaka, Bersejarah
|
|
|||||
彭亨 / Pahang
|
PR1MA@Kuala Kuantan
|
Landed
|
252
|
180,000
|
Kuantan
|
|
|||||
登嘉楼 / Terengganu
|
PR1MA@Kuala Terengganu
|
Apartment
|
350
|
190,000
|
Kuala Terengganu
|
|
|||||
吉兰丹 / Kelantan
|
PR1MA@Pasir Puteh
|
Pasir Puteh
|
313
|
未知
|
Pasir Puteh
|
- Dec 27 Sat 2014 16:54
馬來西亞2015年4月開徵6%消費稅
马来西亚将在2015年4月1日起,正式的实行消费税GST,届时预料将会造成百货通膨,物价上涨。政府为了减轻普通人民对于消费税GST所带来的冲击,将会列明几项的免GST消费税的物品清单,也就是说,这些物品是不需要被征收消费税的,
马来西亚免消费税GST的物品清单:
- Dec 27 Sat 2014 16:42
馬來西亞買房屋的律師費
买屋子很多人都不知道律师费是有这个规定的收费。
例如 :
屋子的价钱是,RM550,000。
首 RM150,000 X 1% = RM1,500
接下来得还 RM 400,000 X 0.7% = RM 2,800
总共是 RM 4,300.
注意:律师是可以给折扣,但要根据法律规定得。
屋子价钱超过RM 500,000, 所以可享有的折扣是 35 %
RM4,300 X 66% = RM2,795
Note: 以上是买卖合同的律师费, 如果贷款律师是以你借的数额来算。
以上是結錄其他網站的文章
- Dec 27 Sat 2014 00:54
馬來西亞吉隆坡未來住宅潛力發展區域
- Dec 26 Fri 2014 22:07
馬來西亞房地產資訊查詢
http://malaysia.fang.com/news.htm
http://world.fang.com/zhiye/Malaysia.htm
以上網站可以查到馬來西亞房地產相關資訊!!但是請小心有可能有錯誤或誤導訊息!
- Dec 26 Fri 2014 21:34
馬來西亞房地產受高速鐵路圖的影響
這張高鐵圖會影響到馬來西亞房價
- Dec 26 Fri 2014 01:05
馬來西亞人口紅利由2015年至2025年變化
如果單由人口紅利來看,菲律賓,馬來西亞,柬埔寨,印尼等東南亞國家佔有優勢,香港,新加坡,日本欠缺優勢!!其餘國家是在中等範圍內!!
- Dec 25 Thu 2014 23:41
馬來西亞Medini特區的優惠
Medini就是奇怪,居然免稅,一般馬來西亞外國人購買房地產必須購買100萬馬幣以上,但是Medini沒有此限制,另外馬來西亞要抽資本利得稅,但是Medini沒有此稅,直到2025年
JOHOR BARU :Medini in Nusajaya will continue to enjoy special tax holidays and other incentive packages currently reserved for investments in the area for another 10 years after its privileges expire on Dec 31,2015.
Medini 特區將會持續免稅十年時間,也就是由2015至2025年之間的免稅
Covering 90244ha ,Medini was conceptualised in 2007 to cater to property development projects which enjoy,among others,zero restrictions on foreign ownership,a RM 1 mil threshold for foreign property buyers and the real property gains tax(RPGT).
Medini特區對外國人購買房地產沒有100萬馬幣限制,並且不收RPGT資本利得稅金
- Dec 25 Thu 2014 11:14
馬來西亞房地產歷年漲跌幅度
- Dec 25 Thu 2014 11:13
馬來西亞房地產漲跌幅度
- Dec 25 Thu 2014 09:02
馬來西亞GDP per capita國民所得
- Dec 25 Thu 2014 08:52
馬來西亞GDP成長率
2012年是5.64%成長率
2013年是4.69%成長率
資料來源:世界銀行
http://www.google.com.tw/publicdata/explore?ds=d5bncppjof8f9_&met_y=ny_gdp_mktp_kd_zg&idim=country:VNM:SGP:KHM&hl=zh-Hant&dl=zh-Hant#!ctype=l&strail=false&bcs=d&nselm=h&met_y=ny_gdp_mktp_kd_zg&scale_y=lin&ind_y=false&rdim=region&idim=country:MYS&ifdim=region&hl=zh_TW&dl=en_US&ind=false