Regulation for foreigner to purchase Malaysia Property

Every country has their own policies to balance attractiveness for foreign investor and protect local residences benefits. Due to appreciation of property price in Malaysia and regulation never been change for many years, Malaysia government announced start from 1st March 2014 the minimum price for foreigner to purchase property from existing RM 500, 000 to RM 1, 000, 000. Despite this, each state still hold their right to set their own policies according to their state development plan. The following are the summary of minimum price set by each state:

State Price
Selangor
(Shah Alam)
Zone 1 & 2. RM 2 Million
Zone 3. RM 1 Million
Terengganu
(Kuala Terengganu)
RM 1, 000, 000
Johor
(Johor Bharu)
Pahang
(Kuantan)
Kuala Lumpur
(Wilayah Persekutuan)
Negeri Sembilan
(Seremban)
Putrajaya
(Wilayah Persekutuan)
Kedah
(Alor Setar)
Kelantan
(Kota Bahru)
Sabah
(Kota Kinabalu)
Perlis
(Kangar)
RM 500, 000
Malacca
(Malacca City)
Strata Title RM 500, 000
Landed RM 1, 000, 000
Pulau Pinang
(George Town)
RM 500, 000 (limit 2 units)
Perak
(Ipoh)
RM 350, 000
Sarawak
(Kuching)
RM 300, 000

Non-resident are not allows to purchase government and Malays reserved land. Other than that just need to follow each state regulation will do. No limitation of units of purchase nationwide.

Legal Fee
Property price Tax rate
First RM 150, 000 1.00%
Next RM 850, 000 0.70%
Next RM 2, 000, 000 0.60%
Next RM 2, 000, 000 0.50%
Next 2, 000, 000 0.40%
More than RM 7, 500, 000 (Negotiable) >0.40%
Stamp Duty
Property Price Stamp Duty Fee
First RM 100, 000 1.00%
RM 100, 001 – 500, 000 2.00%
RM 500, 001 and above 3.00%

Resell Property Gain Tax (RPGT)

Start from 2014, resident and non-resident required to pay tax from profit gain of selling the property. For example, seller bought the property with RM 1million, and sold it with RM 1.5million. The tax shall calculate from the RM 50, 000 which seller earned. On the other hand, no tax to pay if the transaction is non-profitable. According to the regulation, related expenses with selling property for example legal fee, stamp duty, and agent commission can be deduct from the RPGT amount.

RPGT Tax Rate
Year of selling Corporate Resident Non-resident
First 3 years 30% 30% 30%
4th Year 20% 20% 30%
5th Year 15% 15% 30%
6th Year and above 5% 0% 5%

Sources: www.mondaq.com/article.asp?article_id=469010&signup=true
RPGT must pay within 60 days after Sales & Purchase agreement signed. Overdue will cause extra 10% penalty.