Monday, October 15, 2012

賣公寓‧律師費和稅務如何算?

讀者來信提問關於律師費、印花稅、產業盈利稅的問題。
他2010年6月30日,購買了一個公寓單位,價格是26萬令吉,2012年8月1日,以34萬5千令吉賣出。
1.請問賣方的律師費如何計算?假如雙方共用同一個律師,請問賣方的律師費用包括甚麼?
費用會比自己另外聘請律師便宜嗎?
2.請問產業盈利稅是如何計算?是根據買賣合約的日期或印花稅的日期?請問賣方要付的產業盈利稅是:RM85,000Ⅹ5%=RM4,250嗎?是由賣方直接開支票給律師去還,還是賣方自己去報稅、需要填寫甚麼表格?
3.請問甚麼是Retention Sum?是由賣方支付還是由買方支付?如何計算?
4.請問假如公寓還未有分層地契,需要尋求發展商的批准嗎?賣方需要支付甚麼費用?

5.請問銀行是否有新條例規定公寓超過10年、還沒有分層地契,就不接受貸款者提出的申請?
答:在產業買賣的過程中,買方需要支付律師費、印花稅,賣方需要支付律師費及產業盈利稅(如果是在購買產業5年內,計算之後證明賣方有可觀賺利才會被徵稅)。
假如賣方自己聘請律師,沒有和買方共用律師,所需要支付的買賣合約律師費,與買方需要支付的數目是相近的,就是根據律師公會制定的收費架構來計算,分別是:首15萬令吉1%、接下來的8萬5千令吉0.7%,以此類推。
買賣合約印花稅由買方支付
不過,買賣合約的印花稅是由買方支付,賣方不需要支付這筆數目,其計算法是這樣:首10萬令吉1%、接下來20萬至不超過50萬令吉2%。
當然,買方還需要支付土地搜查費、土地局割名的註冊費、抵押給銀行的手續費,以及其他雜項收費。
說到產業盈利稅的計算,以目前的產業盈利稅徵稅法令為准,任何人在購買產業的5年內出售,如果 計算後得出有賺利,需繳交產業盈利稅;在首兩年內脫售,被徵收的產業盈利稅是10%,在滿兩年之後至第5年內脫售,被徵收的稅率是5%。(*根據2013 年預算案,購屋者在購買房屋後的兩年內脫售,產業盈利稅將從原有的10%進一步調高至15%。購屋者在第3年至第5年之間脫售房屋,也要繳付10%的產業 盈利稅,比現有的5%增加一倍。)
假設浩然讀者的公寓是以34萬5千令吉出售,比買價26萬令吉多了8萬5千令吉,這並不表示凈賺8萬5千令吉,因為購買產業還包括需要支付律師費、印花稅、裝修費、貸款利息等開銷。
不過,如果是向發展商購買,可能不需要律師費與印花稅的支出,只能呈報裝修費、貸款利息等開銷。
律師在為客戶呈報產業買賣表格給稅務局,可以附帶這些費用的單據作為支出,以節省一些稅款,稅務局的官員會加以考量,假設這些費用加起來大約是3萬5千令吉,如果是過了2年、但在5年內脫售,徵稅率是5%。
以浩然的例子,如果賺利是5萬令吉,需被徵稅2千500令吉。
賣方須確保律師代繳稅款
在買賣的過程中,賣方不必急於開支票給律師樓,由律師繳付給稅務局,通常律師會從買方貸款銀行 釋給賣方律師樓最後一筆屋款時,保留一個數目,就是所謂的Retention Sum,譬如屋款的5%,等到稅務局來信通知律師樓,賣方賣屋被徵收的稅款,律師樓開出支票,代賣方繳付稅款後,剩餘的賣屋款將退回給賣方。
針對這點,賣方必須不時向律師樓跟進,確保律師樓繳付稅款,以免日後被追討稅款就麻煩了,還有要確保律師樓將剩餘的屋款退還給賣方。
律師樓一般可能會保留較寬鬆的數目,避免保留數目不足轉向賣方索取,誤了繳付稅款的有效期,通常稅務局給予的寬限時間是在通知信誌期的30天內繳付。
未有分層地契
需發展商批准交易
當公寓還未有分層地契,賣方或其律師需向發展商提出批准交易申請,賣方需繳付的手續費只是50令吉。
有些銀行可能比較保守,在獲知公寓已經10年,尚未有分層地契,以及產業所屬發展商已經收盤,不批准買方提出的貸款申請,另一個可能性是申請者的條件不符合貸款資格。
一般來說,當公寓還未有分層地契時,買方是以買賣合約向銀行申請貸款,除非情況特殊,多數申請者的申請都能獲批。

Tuesday, October 9, 2012

Mythbusting: Government Debt Edition Part II



by HishamH of Economics Malaysia

In a column yesterday at the Malaysian Insider, Azrul Mohd Khalib repeats all the same old myths about Malaysia’s government debt (excerpt; emphasis added):
Maxing out the national credit card
…Every national Budget over the past few years has had a deficit. When total national expenditure exceeds the revenue collected, a budget deficit then exists. The only way for the government to pay for this deficit is to borrow.
But like everything else in life and like you and me, contrary to what some people may believe, there is an actual limit as to how much debt that the Federal Government of Malaysia can accumulate…
…For Malaysia, the national legal limit is clearly stated under the 1983 Government Funding Act and the 1959 Loan (Local) Act and is 55 per cent of the country’s gross domestic product (GDP). Under these two Acts, the government cannot legally have debt beyond this ceiling.
The 2011 economic report indicated that government debt had reached RM456 billion. This represented 54.3 per cent of the country’s GDP, which was also 0.7 per cent under the limit permitted under the law. That was in 2011…
…In 2011, the government received tax revenue of RM185.4 billion. But the original 2012 Budget was RM232.8 billion. So, the tax income alone is insufficient.
Therefore, the government has borrowed. But Malaysia prides itself on not borrowing from international sources such as the International Monetary Fund or from other countries. Therefore, 90 per cent of debt is domestically funded; it is borrowed from us, from the Employees Provident Fund (EPF).
Last year, the Ministry of Finance stated that the government had borrowed RM79.4 billion from the EPF. In fact, the government actually owes us more than RM240 billion. Yes, that is how those bonuses, numerous cash hand-outs and special projects are being paid for. With your EPF money…
The same principle governs our debt ceiling of 55 per cent. The only way to increase it and legally allow the government to spend more than the limit is for Parliament to amend the two laws mentioned. As far as I know, we have not done so.
If the government is spending more than the debt ceiling, then the spending is not legal. Seeing how in 2011 government debt had already reached 54.3 per cent of the GDP and RM20.5 billion is needed each year to service the country’s debt commitments, the question must be asked and answered: where are we today? Do we even care?
Financial agencies are already warning of a possible downgrading of Malaysia’s credit rating if the government doesn’t rein in its debt.
Short of very optimistic economic growth rates, it is almost certain that the government’s current spending levels have breached the debt ceiling this year. This could be a historical year. For the wrong reasons…
…The government has been adamant that there is sufficient revenue. Yet, it’s borrowing like mad.
The Auditor-General’s report is bound to reveal yet again the extent of wastage and mismanagement that is endemic in the system which cost taxpayers millions of ringgit. We will moan, groan and complain. And things will stay the same…
The people responsible for today’s debt will not be the ones paying for it. Instead it is our children and grandchildren who will be forced to pay.
They and we deserve better.
*SIGH*
My FAQ addresses all these issues and more and the original Mythbusting post adds further insights, but to save some time here are the key points in relation to the myths in this particular article:
1. The legal limit on debt
Neither the 1983 Government Funding Act nor the 1959 Loan (Local) Act actually mentions a limit, much less make a “clear statement” of it. The 1959 Act was amended in 2005, but the amendment does not mention a legal limit either. The limit is actually adjusted by government gazette with consent by the Agong. No parliamentary approval is required, nor is there any necessity to amend the acts themselves – the limits on debt are purely at the discretion of the Minister of Finance.
This is totally unlike the US, where the mandate for changing the debt ceiling is specifically under Congress. If you want to sight the Acts and the relevant gazettes, I’d encourage dropping by satD’s blog.
2. Calculating the 55% legal limit
I’ve only just come to understand this myself. The 2005 (Amended) Act governs issuance of MGS, while the 1983 Act governs issuance of GII and Islamic Treasury Bills. There are actually two other laws that regulate government borrowing – the External Loan Act 1963 and the Treasury Bills (Local) Act 1946. The total current gazetted limits (reproduced from a Treasury presentation) are set out below:
Legislation
Limit
External Loan Act 1963
RM35 billion
Treasury Bills (Local) Act 1946
RM10 billion
Government Funding Act 1983
Not more than 55% of GDP
Loan (Local) (Amended) Act 2005
Not more than 55% of GDP
The latter two are calculated in conjunction i.e. the calculated level is the sum of MGS, GII and Islamic Treasury Bills. Note the critical distinction here – the 55% limit refers to MGS, GII and Islamic Treasury Bills alone, and not total government debt collectively.
Far from approaching the 55% limit, the current aggregate outstanding issuance of MGS, GII and Islamic Treasury Bills is under 45% of GDP. The idea that Malaysia’s government debt is approaching some kind of legal limit has no basis in fact.
3. Commitment to 55% total debt to GDP
While there’s no danger of Malaysia breaching its legal debt limits, the government has made a commitment to keeping total debt below the 55% ceiling. This however is an internal target and is not legally binding.
4. The government is borrowing from EPF
Yes it is, but Azrul is mischaracterising this relationship. The Employees Provident Fund is a defined contribution pension fund for the benefit of private sector employees. As a pension fund, its primary mission is capital preservation, and as any fund manager worth his or her salt can tell you, the basis of any such investment portfolio is government securities because from a market risk perspective they are safer than anything else. Any pension fund, here or elsewhere, will have the bulk of its portfolio in government securities i.e. “lending to the government”.
In fact, since we’re talking about legal limits, Section 26a. of the EPF Act (Amended) 1991 specifically states the following (emphasis added):
“Subject to any variation which the Minister may make under subsection (2), the Board shall invest or re-invest at least fifty per centum of the moneys belonging to the Fund and invested or reinvested during any one year, in securities issued by the Government of Malaysia, provided that the total amount of moneys so invested in such securities at any one time shall not be less than seventy per centum of the Fund’s total investments."
If Azrul’s numbers are correct, then the EPF is actually in breach of its own Act based on EPF’s 2011 portfolio size of RM442 billion, which gives a ratio of about 54% – well below the 70% minimum level. Instead of asking why EPF is lending to the government, perhaps the more pertinent question would be why is EPF taking on more risks with our money by not “lending” as much to the government as it is required to.
(Digression: in Singapore, they avoid questions like this by making it mandatory for the CPF to invest all member funds into government securities. EPF on the other hand is allowed considerably more discretion and leeway in where to invest member funds).
Another pertinent point here is that EPF’s portfolio at the end of 2011 was about 1.56 times greater than the value of member funds i.e. it’s not necessarily “our” money being lent to the government.
5. Where the money goes to
Another administrative (not legal) rule that the government tries to abide by is to fund all operational expenditure out of collected revenue, and only borrowing to fund development. In technical terms, what’s being aimed for is that the operational budget should always be either in balance or in surplus, a principle that has been kept to all but three times in the last forty years. Borrowing is only utilised for development purposes (again technically, using the Development Fund under the government accounts).
In other words, civil servant bonuses, handouts etc, actually come out of tax and non-tax revenue, not out of borrowing.
6. Semantic issues
My nitpicking for the day. The government revenue quoted (RM185 billion) is actually total revenue and not tax revenue. Tax revenue for 2011 only amounted to RM135 billion.
7. RM20 billion for debt service
As an absolute number, it sounds like a lot; in relative terms it isn’t. As a ratio to the operational budget – which remember, is supposed to be in balance – the government’s interest payments for 2011 are actually the third lowest on record. In fact, the debt service ratio to operational expenditure the past four years has been at an all time low, averaging below 10%.
In 1990s when we were running a budget surplus, debt service averaged 23% of the operational budget, with the lowest level at 14.4% (1997).
8. Our children and grandchildren will be forced to pay for our debt
This is actually a tale of two hats, and the statement above comes from wearing only one of them. There’s an important and vital reason why borrowing from domestic sources only is preferred because when you’re able to do that, there’s actually no inter-generational transfer of aggregate welfare. In Econo-english – the future burden on tax payers is offset by the future revenue stream from debt repayment.
Since debt liabilities are owed primarily to domestic institutions (such as EPF, insurance companies, banks and the like) who are in turn either tax payers or acting on behalf of taxpayers and citizens, debt repayment effectively goes back to the payers of tax. In other words, the monies aren’t going anywhere, although there might be some redistribution of the proceeds.
If I wearing my taxpayers hat am liable for debt repayment of maturing debt incurred by my forebears, I wearing my EPF member, insurance policy owner, and unit trust investor hat am also at the same time the beneficiary of the government’s current debt repayment. And this is true at any given point in time, irrespective of when the debt is incurred.
Given that there are less than 2 million individual taxpayers and over 12 million EPF members, there’s also possibly a (small) transfer of wealth from the rich to the poor in the process.
The idea that government borrowing now is thus a net aggregate tax burden on future generations of citizens is mostly bunk. It would only be true if the borrowing is external, hence the reason why we try to keep government borrowing domestic and why external debt limits are far more stringent than the domestic limits.
Summing up
I suppose I’ll be repeating these points again (and again) in the future, but I think its worth the effort to do so. There’s so much misunderstanding of the unique position of government in an economy, and how significantly different governments are in economic terms from households. Imperfect understanding leads to skewed public discourse, which in turn leads to bad policy.
And we have enough problems as it is without having to invent fictitious ones that don’t actually matter.