Excahnge of Assets

7 important questions on Excahnge of Assets

What happens to shares consideration upon disposal according to Para 3(b)?

Shares consideration becomes taxable upon disposal. On disposal of the shares:
  • Acquisition price of the transferor
  • add: Permitted expense of transferor
  • less: Cash payment
  • A/D: Date of transfer

What is the condition for no gain no loss in property transfer by an individual?

Transfer of property by an individual results in no gain no loss. It involves:
  • Indiv citizen
  • Company incorporated in Msia and controlled by individual or his connected persons

What is the acquisition price condition for the RP by the company?

The acquisition price (AP) of the RP by the company is low. Disposal of property involves:
  • Acquisition price of transferor
  • Permitted expense of transferor
  • Date of transfer
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What are the conditions for a chargeable asset transfer under Para 3(b) Schedule 2?

  • Owned by an individual who is a citizen.
  • Transferred to a company incorporated in Malaysia.
  • Controlled by the individual, his wife, or connected person.
  • Consideration substantially in shares (at least 75%).

What is the tax implication on the transferor when the asset is transferred?

  • Disposal price equals acquisition price.
  • No gain, no loss for the individual citizen transferor.

What are the conditions under which Para 3(b) is not tax efficient?

Para 3(b) is not tax efficient if disposal results in allowable loss and tax rate is 0% because holding period is >5 years.

What defines a controlled company?

  • A company with not more than 50 members.
  • Controlled by not more than 5 persons.

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