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Personal Name vs Sdn Bhd for Property Investment: Tax, Financing & RPGT (Malaysia)

Personal Name vs Sdn Bhd: Tax, Financing & RPGT (MY)

Introduction

Rental income tax: progressive rates vs corporate rates

Financing: LTV caps and banking appetite

Exit tax: RPGT on property, CGT on shares (if you sell the company)

Risk & asset protection: how “shielded” are you, really?

Holding PeriodIndividual (Citizen/PR)Company (Resident)Non-Citizen/Non-PR Individual
Up to 3 years30%30%30%
4th year20%20%30%
5th year15%15%30%
6th year & beyond0%10%10%

FAQs

1) Is it true individuals pay 0% RPGT after five years?

Yes—citizens/PRs disposing in the 6th year and beyond pay 0% RPGT; companies and non-citizen individuals pay 10% beyond year 5. Plan your hold period with this in mind. See LHDN’s RPGT rates page [https://www.hasil.gov.my/en/rpgt/real-property-gains-tax-rpgt-rates/]. (Hasil)

2) What’s the real difference in financing between personal and Sdn Bhd?

Individuals face a 70% LTV cap from the third housing loan onward, which raises deposit needs. Companies are under commercial underwriting—often higher rates, shorter tenure, DSCR-driven, and personal guarantees. Reference: BNM’s 70% LTV macroprudential measure [https://www.bnm.gov.my/documents/20124/777939/p00.pdf]. (Bank Negara Malaysia)

3) If I own via Sdn Bhd, can I sell the shares instead of the property?

Yes, that’s common for special-purpose vehicles (SPVs). In that case, CGT rules for unlisted shares apply (generally 10% on net gain, with a 2% gross option for certain pre-2024 acquisitions), and due diligence shifts to the company level. See LHDN’s CGT Guidelines for Unlisted Shares (21 July 2025) [https://www.hasil.gov.my/media/rgndkcuh/20250721-guidelines-on-capital-gains-tax-for-unlisted-shares.pdf]. (Hasil)

4) Are corporate tax rates always better than personal rates?

Not always. If your personal marginal rate is low, buying personally can be more efficient—no audit/secretarial costs and simpler compliance. If your income is already in higher bands or you run a portfolio/JV, the Sdn Bhd route (with SME tiers where eligible) can make sense. Corporate rate tiers reference: PwC Malaysia Tax Booklet [https://www.pwc.com/my/en/publications/mtb/corporate-income-tax.html]. (PwC)

5) Do market prices matter to the “personal vs Sdn Bhd” decision?

They do—because your exit timing interacts with RPGT bands. If NAPIC’s MHPI shows steady growth for your state and you’re nearing the 5-year mark, waiting a little longer can flip your exit from 15/10/20% to 0% (personal) or 10% (company). For current trendlines, check NAPIC’s MHPI page [https://napic2.jpph.gov.my/en/archives/indeks-harga-rumah-malaysia]. (NAPIC)

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