Compensation received on compulsory of land from government is taxable?

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Compensation received on compulsory of land from government is taxable?

𝐂𝐨𝐦𝐩𝐞𝐧𝐬𝐚𝐭𝐢𝐨𝐧 𝐫𝐞𝐜𝐞𝐢𝐯𝐞𝐝 𝐨𝐧 𝐜𝐨𝐦𝐩𝐮𝐥𝐬𝐨𝐫𝐲 𝐨𝐟 𝐥𝐚𝐧𝐝 𝐟𝐫𝐨𝐦 𝐠𝐨𝐯𝐞𝐫𝐧𝐦𝐞𝐧𝐭 𝐢𝐬 𝐭𝐚𝐱𝐚𝐛𝐥𝐞?

Overview of compulsory acquisition of land.

Compulsory acquisition is the power of the government to acquire private rights in a land without the willing consent of its owner or occupant in order to benefit society.

The compensation amount of acquisition is determined by the government.

𝗞𝗲𝘆 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆𝘀:

You will understand: -

1. Criteria to meet compulsory acquisition of land

2. Tax treatment on compulsory of acquisition of land-based on real tax case

𝐒𝐮𝐦𝐦𝐚𝐫𝐲 𝐨𝐟 𝐥𝐞𝐚𝐫𝐧𝐢𝐧𝐠𝐬:

Compulsory acquisition of land did not fall under the gross income unless the taxpayer when obtaining the said land had knowledge that it would be acquired by the government.

𝐖𝐡𝐚𝐭 𝐚𝐫𝐞 𝐭𝐡𝐞 𝐜𝐫𝐢𝐭𝐞𝐫𝐢𝐚 𝐭𝐨 𝐦𝐞𝐞𝐭 𝐜𝐨𝐦𝐩𝐮𝐥𝐬𝐨𝐫𝐲 𝐚𝐜𝐪𝐮𝐢𝐬𝐢𝐭𝐢𝐨𝐧 𝐨𝐟 𝐥𝐚𝐧𝐝?

1.There is no intention to sell the land.

2. During the purchase of the land, the owner should not aware of any government’s intention to acquire the land.

Tax treatment on compulsory acquisition of land-based on real tax case: Penang Realty Sdn. Bhd. v. Ketua Pengarah Hasil Dalam Negeri

A parcel of land was compulsorily acquired by the Government in August 1980 and was paid the sum of RM1,035,762.91 as compensation. IRB is claiming tax for the said compensation.

Penang Realty Sdn. Bhd. didn’t agree. The acquisition was compulsorily acquired and there is no intention to trade the land.

IRB argument - Gain on the disposal of land is taxable under section 4 of the Income Tax Act 1967 (ITA).

The decision by The Court

The proceeds received were not subject to income tax as the Company is no intention to trade the land and it was the compulsory acquisition of land.

𝐒𝐨𝐮𝐫𝐜𝐞𝐬:

http://lampiran2.hasil.gov.my/pdf/pdfam/PREALTYvsKPHDN.pdf

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