Real Property Gains Tax Act 1976 (Act 169)
PART II - IMPOSITION OF THE TAX



Section 4. Rate of tax.


(1) The tax shall be charged at the appropriate rate specified in Schedule 5 in respect of each category of disposal stated therein.

(2) The Minister, where he is satisfied that it is the intention of the Government to promote the introduction of a Bill to vary in any particular way the rate of tax, may by statutory order declare the rate to be varied in that way, and, where he does so, then, subject to subsections (3) and (4), this Act shall have effect as if the rate as so varied had come into force at the beginning of the first year of assessment for which the Bill seeks to vary that rate.

(3) Every order made under subsection (2) shall be laid before the Dewan Rakyat as soon as may be after it has been made and shall cease to have effect-

    (a) at the expiration of three months (or such longer period as may be specified by resolution of the Dewan Rakyat) beginning on the date when the order was made; or

    (b) on the coming into force (after the date when the order was made) of an Act varying the rate of tax,
whichever is the earlier.

(4) Where an order made under subsection (2) ceases to have effect pursuant to subsection (3)-


(a) the amount of any tax which-

      (i) has been charged by any assessment by reference to the order; and

      (ii) is payable (whether or not it is due or due and payable) but not paid at the date when the order ceases to have effect,

    shall be taken to be amended to the amount which would have been payable if the order had not been made; and

    (b) so much of any tax paid by any person in consequence of the order as exceeds the tax payable under the law in force immediately after the date when the order ceases to have effect shall be repaid by the Director General if that person-

      (i) makes a claim therefor in the prescribed form within one year after that date; and

      (ii) furnishes to the Director General such further particulars of the claim as the Director General may require.


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