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Capital Gains Tax Form
I need a capital gains tax form to report the sale of a property in Malaysia, including sections for calculating the gain, applicable exemptions, and any reliefs under the Real Property Gains Tax Act. The form should also provide guidance on payment deadlines and submission procedures to comply with Malaysian tax regulations.
What is a Capital Gains Tax Form?
A Capital Gains Tax Form is a document you need to file with Malaysia's Inland Revenue Board (LHDN) when you sell assets like property, shares, or valuable items at a profit. The form helps calculate and report the tax you owe on these gains, which is currently set at 30% for disposals within 3 years of acquisition.
In Malaysia, you'll typically submit this form within 60 days of selling your asset. While most capital gains are taxable, the government exempts certain transactions, including profits from selling your primary residence and gains from stocks listed on Bursa Malaysia. The form requires details about your purchase price, selling price, and any qualifying deductions.
When should you use a Capital Gains Tax Form?
File a Capital Gains Tax Form with LHDN when you make a profit from selling assets in Malaysia. This applies when you sell real estate (except your primary home), shares not listed on Bursa Malaysia, artwork, jewelry, or other valuable items that have increased in value since purchase.
You need to submit this form within 60 days after completing the sale transaction. For example, if you buy a commercial property for RM500,000 and sell it two years later for RM700,000, you must report the RM200,000 gain. Missing the deadline can result in penalties, and incorrect reporting may trigger an audit from tax authorities.
What are the different types of Capital Gains Tax Form?
- Basic Real Estate Form: Used for reporting gains from selling commercial or residential properties (except primary homes). Includes sections for purchase price, selling price, and improvement costs.
- Investment Assets Form: Specifically designed for reporting profits from selling shares not listed on Bursa Malaysia, bonds, and other financial instruments.
- Collectibles Form: Tailored for gains from selling valuable personal items like artwork, antiques, jewelry, or rare collections.
- Business Asset Form: Used when companies dispose of major equipment, vehicles, or other business assets at a profit.
- Foreign Asset Form: Required when Malaysian residents sell assets located overseas that are subject to local capital gains tax.
Who should typically use a Capital Gains Tax Form?
- Property Investors: Must file when selling investment properties, commercial real estate, or secondary homes at a profit in Malaysia.
- Business Owners: Required to report gains from selling company assets, machinery, or business properties.
- Private Shareholders: Need to declare profits from selling shares in private companies or unlisted securities.
- Tax Accountants: Help calculate correct capital gains, prepare documentation, and ensure timely submission to LHDN.
- LHDN Officers: Review submitted forms, assess tax calculations, and conduct audits when necessary.
- Art Collectors: Required to report profits from selling valuable collectibles, artwork, or luxury items.
How do you write a Capital Gains Tax Form?
- Purchase Records: Gather original purchase price documentation, including legal fees and stamp duty paid.
- Sale Documentation: Collect sale and purchase agreement, receipts, and proof of payment received.
- Asset Details: Document improvements made, maintenance costs, and duration of ownership.
- Personal Information: Prepare your tax reference number, identity card details, and current contact information.
- Calculation Details: Work out the capital gain by subtracting purchase price and allowable expenses from sale price.
- Payment Planning: Arrange for tax payment within 60 days of the sale transaction date.
- Supporting Documents: Make copies of all relevant receipts, agreements, and improvement cost records.
What should be included in a Capital Gains Tax Form?
- Personal Information: Full name, tax reference number, identity card number, and complete contact details.
- Asset Description: Detailed information about the disposed asset, including registration numbers or property addresses.
- Transaction Details: Purchase date, sale date, original cost, and selling price clearly stated.
- Expense Declaration: List of allowable expenses, including improvement costs and legal fees.
- Calculation Section: Clear computation of capital gains, showing purchase price, selling price, and deductions.
- Declaration Statement: Signed statement confirming the accuracy of provided information.
- Payment Details: Tax amount due and preferred payment method.
What's the difference between a Capital Gains Tax Form and an Anti-Facilitation of Tax Evasion Policy?
A Capital Gains Tax Form differs significantly from an Anti-Facilitation of Tax Evasion Policy in several key ways. While both documents relate to tax compliance, they serve distinct purposes in Malaysia's tax system.
- Primary Purpose: Capital Gains Tax Forms report specific transactions and calculate tax owed on profits, while Anti-Facilitation policies outline company-wide procedures to prevent tax evasion.
- Timing of Use: Capital Gains forms are filed within 60 days of an asset sale, whereas Anti-Facilitation policies remain active year-round as ongoing compliance documents.
- Legal Requirements: Capital Gains forms are mandatory for specific transactions, but Anti-Facilitation policies are voluntary best-practice documents that demonstrate corporate responsibility.
- Target Users: Capital Gains forms are used by individual sellers and businesses making profitable disposals, while Anti-Facilitation policies guide company employees and management in preventing tax misconduct.
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