Real Property Gains Tax Act 1976 Act 169 [As at 1st January 2025]

REAL PROPERTY GAINS TAX ACT 1976 (ACT 169)

[AS AT 1ST JANUARY 2025]

An Act to provide for the imposition, assessment, collection, and enforcement of a tax on gains derived from the disposal of real property and shares in real property companies.

Printed: April 2025

Publisher: MDC Publishers Sdn Bhd

Detailed Contents of Real Property Gains Tax Act 1976 (Act 169)

Part I: Preliminary

Defines key terms used in the Act, such as "real property," "disposal," "chargeable person," and "acquisition."
Includes provisions on the short title and commencement.

Part II: Imposition of the Tax

Provides the legal basis for taxing chargeable gains arising from the disposal of real property.
Covers tax rates, the determination of chargeable persons, allowable losses, exemptions, and special provisions for private residences.

Part III: Assessment and Collection

Details the assessment process for chargeable persons, return submissions, and amendments.
Includes provisions on deemed assessments, notices, appeals, relief for errors, payment obligations, and recovery methods.
Also outlines duties of acquirers and rules on double assessments and refunds.

Part IV: Investigatory and Penal

Grants investigative powers to tax authorities, including power to access buildings, call for information, and inspect bank records.
Outlines offences such as willful evasion, incorrect returns, and leaving the country without payment.
Includes penalties, compounding of offences, and court jurisdictions.

Part V: Administrative and Supplemental

Details the functions and powers of the Director General and officers appointed under the Act.
Includes rules for the identification of officials, service and authentication of notices, evidential provisions, and the use of electronic records.
Provides authority for the Minister to make regulations and repeal previous legislation.

Schedules

• Schedule 1 – Chargeable Persons

• Schedule 2 – Chargeable Gains and Allowable Losses

• Schedule 3 – Private Residences

• Schedule 4 – Exemptions

• Schedule 5 – Rates of Tax

Savings and Transitional Provisions

• Act 644 – Saving and transitional provisions

• Act 702/2010 – Savings and transitional amendments