Real Property Gains Tax Act 1976

LAWS OF MALAYSIA

ACT 169
REAL PROPERTY GAINS TAX ACT 1976
Incorporating all amendments up to 1 January 2001

Date of Royal Assent :	18 March 1976
Date of publication in the Gazette :	25 March 1976
Date of coming into operation :	7 Novemberl 1975

An Act to provide for the imposition, assessment and colection of a tax on gains derived from the disposal of real property and matters incidental thereto.

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

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ARRANGEMENT OF SECTIONS
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PART I - PRELIMINARY

Section 1. Short title and commencement.
Section 2. Interpretation.

PART II - IMPOSITION OF THE TAX

Section 3. Taxation of chargeable gains.
Section 4. Rate of tax.
Section 5. Situation of interests, options, etc.
Section 6. Chargeable persons.
Section 7. Chargeable gains, allowable losses and tax relief for allowable losses.
Section 8. Private residence.
Section 9. Exemptions.

PART III - ASSESSMENT AND COLLECTION

Section 10. Year of assessment.
Section 11. Chargeable person to be assessed on chargeable gains.
Section 12. (Repealed by Act 323:30)
Section 13. Returns.
Section 14. Assessments.
Section 15. Additional assessments.
Section 16. Cases where acquirer may be assessed.
Section 17. Notice of assessment.
Section 18. Right of appeal.
Section 19. Error or mistake.
Section 20. Finality of assessment.
Section 21. Payment of the tax.
Section 21A. Certificate of clearance.
Section 21B. Requisition to acquirer.
Section 22. Recovery from persons leaving Malaysia.
Section 23. Recovery by suit.
Section 24. Refund of overpayments.
Section 25. Anti-avoidance provisions.
Section 26. Remission.

PART IV - INVESTIGATORY AND PENAL

Section 27. Power to call for information, etc.
Section 28. Power of access to buildings and documents, etc.
Section 29. Failure to notify or make return of disposal.
Section 30. Incorrect returns, etc.
Section 31. Wilful evasion.
Section 32. Leaving Malaysia without payment of tax.
Section 33. Obstruction of officers.
Section 34. Breach of secrecy.
Section 35. Offences by officials and unauthorised collection.
Section 36. Other offences.
Section 37. Additional provisions as to offences under section 30, 32, 33 or 36.
Section 38. Tax payable notwithstanding proceedings.
Section 39.[Repealed by Act A1028:9]
Section 40. Compounding of offences and abatement of penalties.
Section 41. Recovery of penalties.
Section 42. Jurisdiction of subordinate court.

PART V - ADMINISTRATIVE AND SUPPLEMENTAL

Section 43. The Director General.
Section 44. Power of Minister to give directions to Director General.
Section 45. Delegation of Director General's functions.
Section 46. Identification of officials.
Section 47. Certain materials to be treated as confidential.
Section 48. Evidential provisions.
Section 49. Returns, etc., presumed to be made with due authority.
Section 50. Persons by whom returns to be made.
Section 51. Power to appoint agent.
Section 52. Errors and defects in assessments, etc.
Section 53. Service of notices and requisitions.
Section 54. Power to direct where returns, etc., are to be sent.
Section 55. Authentication of notices and other documents.
Section 56. Free postage.
Section 57. Forms.
Section 58. Power to make rules.
Section 59. Repeal of Act 126.

FIRST SCHEDULE [Section 6]
SECOND SCHEDULE [Section 7]
THIRD SCHEDULE [Section 8]
FOURTH SCHEDULE [Section 9]
FIFTH SCHEDULE [Sections 4 and Subsection 7 (4)]

LIST OF AMENDMENTS