Thomas Sim E3009

Q.
Define what you understand by:

i) Hereditament
ii) Chattel
iii) Fixture
iv) ‘rebus sic stantibus’

A.
i) Hereditament

In law, a hereditament (from Latin hereditare, to inherit, from heres, heir) is any kind […]

Q.
You are an estate negotiator. You client asks you what are the stamp duties you have to pay when you rent or buy properties.

A.
Below is extract from D-Choice Properties, a registered estate agent […]

Q.
What are the available exemptions to Stamp Duty (as of 2015)?

A.
Stamp Duty changes over time due to policy of government in its tax collection. Multiplied by measures to curb property speculation and […]

Q.
Owing to old age, Mr Sukumaran left his shoplot to his brother Mr Narenthan to take care. However, Mr Narenthan is a busy man. Although the shop had been rented by En Ghazali for years, the assessment rates […]

Q.
Please list out the key statutes which should be stated in exam.

A.
Go here for ‘Summary to Exam Hall’

Planning Control and Development charge – Town and Country Planning Act, 1976

Planning […]

Q.What are the procedures of objection and appeal to the rating done on your property holding in Sarawak? Isn’t the law different from West Malaysia?A.Yes, the statute that governs local authorities in Sarawak is […]

Q.
Can annual payment of rates be waived or refunded?

A.
Waived:

Only when it is exempted. See Exemption from assessment rates here.

Refunded:

Yes, refund as in earlier posting past year 2012 Q6 […]

Q.
What are the grounds that a holding can appeal for revaluation or reassessment? What is the process of new valuation list?

A.
There are two things commonly asked about paying of excessive rates. First is […]

Q.What is the penalty if the property owner does not pay the assessment rates?A.1) A fine of RM 20 (for outstanding amount exceeding RM 100).2) Notice (Form E) shall be issued and the outstanding amount has to be […]

Q.
What is drainage rate in Local Government Act, 1976?

A.
Drainage Rate is provided by the Local Government Act Section 132 at maximum of 5% of the Annual Value or 1% of the Improved Value.

E.g. the […]

Q.
What case can you quote for “Past Consideration is Good Consideration”?

A.
Similar question was asked in 2014/3 Q1 – validity of past consideration.

Under Section 26 (b) of the Contract Act, 1950 […]

Q.
What is consideration in a contract? Consideration is part of the necessity to basic element of a valid contract. Comment and contrast this view to the Malaysian Contract Act 1950.

A.
Section 2(d) of the […]

Q.
What constitute a voidable contract?

A.
See valid contract, void contract and voidable contract here.

Section 2(i) of Contracts Act, 1950 states that:-

An agreement which is enforceable by law at the […]

Q.
Can you predict what question is going to come out on Land Alienation and Premium Calculations this year 2015?
(Series D04 Tax 7/5 – Question 7; Land alienation)

A.
Based on the past 4 years:

2011 Q7 5 […]

Q.
Can you predict what question is going to come out on Stamp Act this year 2015?
(Series D04 Tax 3/5 – Question 3; Stamp Act)

A.
Based on the past 4 years:

2011 Q6 ad valorem and fixed stamp duty
2012 […]

Q.
Can you predict what question is going to come out on RPGT this year 2015?
(Series D04 Tax 5/5 – Question 5; RPGT)

A.
RPGT 2015 updates

Based on the past 4 years:

2011 Q2 calculation on RPGT, […]

Q.
Can you predict what question is going to come out on Annual Value, Improved Value, Objection and Appeal this year 2015?
(Series D04 Tax 4/5 – Question 4; Annual value)

A.
Based on the past 4 […]

Q.
Can you predict what question is going to come out on Capital Allowance this year 2015?
(Series D04 Tax 6/5 – Question 6; Capital allowance)

A.
Based on the past 4 years:

2011 Q3 initial allowance, yearly […]

Q.
Can you predict what question is going to come out on Stamp Duty Calculation this year 2015?
(Series D04 Tax 2/5 – Question 2; Stamp Duty Calculation)

A.
Based on the past 4 years:

2011 Q4 Suria, […]

Q.
Can you predict what question is going to come out on Development Charge and Appeal this year 2015?
(Series D04 Tax 1/5 – Question 1; Development charge)

A.
Based on the past 4 years:

2011 Q1 impact of […]