Alf Properties Sdn. Bhd. V Ketua Pengarah Hasil Dalam Negeri [2005[

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INTRODUCTION Property Development is a multifaceted business which carrying out activities that ranges from renovation and re-lease of existing buildings to the purchase of raw land and the sale of improved land to interested parties. There are few indications and issues for the property development in the disposal of property whether the gains on disposal should be subjected to trading income or property investment income. In general, the gains on disposal of property are either subjected to income tax (Income Tax Act 1967 – ITA) or are merely a disposal of an investment property (Real Property Gains Tax Act 1976 – RPGTA). With this, we had selected ALF Properties Sdn. Bhd. V Ketua Pengarah Hasil Dalam Negeri [2005] as our case topic and further investigation had been carried out to identify the relevant tax issues raised by the case. From our understanding, the appellant which was a company incorporated in Malaysia acquired several lots of land in 1980. The purpose of the land was intended to be property development in priority consideration. The appellant had also incurred development expenditure which related to development and building plans. In 1990, a portion of land was sold by appellant into an agreement and obtained a profit. Appellant had treated this profit as investment income. However, Inland Revenue Board treated this income as trading income from the trading in land activities. The appellant then had appealed against the additional assessments. The issue of the case was whether the gains on disposal of that portion of land should be treated as disposal of capital asset or disposal of stock in trade. The details of the case and more specific circumstances will be discussed clearly in “Summary of Case” and “Court Judgment” section. So back to the essential, there have much difference between the income tax and real property gain tax. All gains on

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