FIRST SCHEDULE [Section 6] (Real Property Gains Tax Act 1976

Real Property Gains Tax Act 1976 (Act 169)

FIRST SCHEDULE [Section 6]

CHARGEABLE PERSONS

1. Body of persons, partnership and co-proprietorship.

[Sub Act 241:s:25]

(1) A partnership or a body of persons and not the persons constituting it shall, subject to paragraph 9, be assessable and chargeable with the tax in respect of any chargeable gains accruing on the disposal of any chargeable asset of the partnership or the body of persons.

(2) Any person who at the time of disposal of a chargeable asset of a partnership or a body of persons is the precedent partner or the manager, the secretary or the treasurer, as the case may be, shall be assessable and chargeable with the tax payable by the partnership or the body of persons under this Act.

(3) In the case of a co-proprietorship a disposal by one of the co-proprietors of his share of the chargeable asset shall be deemed to be part disposal of an asset by him alone and he shall be assessable and chargeable to tax on the chargeable gain resulting from such disposal.

[ Ins Act 241:s:25]

2. Incapacitated persons.

A receiver appointed by the court and a trustee, guardian, curator or committee having the direction, control or management of any property on behalf of an incapacitated person shall be assessable and chargeable with the tax to the same extent as the incapacitated person would be assessable and chargeable if he were not incapacitated.

3. Non residents.

A person who is absent from Malaysia shall be assessable and chargeable with the tax either directly or in the name of his attorney, factor, agent, receiver or manager in Malaysia.

4. Rulers and Ruling Chiefs.

(1) Subject to this paragraph any person nominated by a Ruler or Ruling Chief for the purposes of this Act as the person executing the functions of administrator of the private property of the Ruler or Ruling Chief shall be assessable and chargeable with the tax on behalf of the Ruler or Ruling Chief.

(2) The administrator may pay the tax out of any private property in his hands or under his control belonging to the Ruler or Ruling Chief and may, to the extent that he pays any such tax out of his own property, recover it from any such private property.

(3) The administrator shall not be personally liable in respect of the tax except to the extent that he—

(a) has in his possession, custody or control any private property belonging to the Ruler or Ruling Chief; or

(b) had any such private property in his possession, custody or control at any time after receiving notice of the tax having become due.

(4) Unless the sanction of the Attorney General is first obtained, no prosecution, suit or other legal proceedings shall be instituted against the administrator on the ground of any offence or default by him in respect of any act, matter or thing for which he was responsible under this paragraph.

(5) In this paragraph "Ruler or Ruling Chief" means

(a) the Yang di-Pertuan Agong;

(b) the Raja Permaisuri Agong;

(d) a State Authority or any person exercising the functions of a State Authority;

(e) the Undang of Sungai Ujong, the Undang of Jelebu, the Undang of Johol, the Undang of Rembau or the Tunku Besar of Tampin.

5. Companies.

(1) The manager or other principal officer in Malaysia, the directors or the secretary, of a company shall be jointly and severally assessable and chargeable with the tax payable by the company under this Act.

(2) The liquidator of a company which is being wound up shall be responsible for the payment of any tax which he knows or might reasonably be expected to be payable by the company under this Act; and shall not distribute any of the assets of the company to its shareholders unless he has made provision for the payment of such tax.

(3) Any liquidator who fails to comply with this paragraph shall be liable to pay a penalty equal to the amount of the tax to which the failure relates.

6. Hindu joint family.

The manager or karta of a Hindu joint family shall be assessable and chargeable with the tax in respect of any chargeable gains accruing to the family.

7. Executor.

The executor of the estate of a deceased person shall be assessable and chargeable with the tax in respect of any chargeable gains accruing on the disposal by the executor of any chargeable asset of the estate.

8. Trustees.

A trustee (other than the trustee of an incapacitated person) shall be assessable and chargeable with the tax in respect of any chargeable gains accruing on the disposal of any chargeable asset of the trust.

9. Joint and several liability of trustees and executors.

Where two or more persons act in the capacity of trustees of a trust or executors of the estate of a deceased person, they shall be jointly and severally liable for the payment of the tax payable on any chargeable gains accruing to the trust or estate, as the case may be.

10. Responsibility of specified persons.

Where this Act specifies a person to be chargeable or assessable and chargeable with the tax under this Act, the person so specified shall, subject to this Act, be responsible for paying the tax payable by the chargeable person or body of persons in question and for all matters required to be done by virtue of this Act for or in connection with making the return or assessing the tax so payable.

[ Am. Act 241 ]