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WorksheetsQUIZZ ROAD TO FINAL 1_REM251
Total questions: 25
Worksheet time: 33mins
State any matters to be neglected in determining compensation as stipulated in the Land Acquisition Act 1960 (Amended)
the degree of urgency which has led to the acquisition;
any disinclination of the person interested to part with the land acquired;
any damage sustained by the person interested which, if caused by a private person, would not be a good cause of action;
any depreciation in the value of the land acquired likely to result from the use to which it will be put when acquired
any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired
Explain the provision of exemption as stipulated under Schedule 4 in Real Property Gain Tax Act 1976 (amended);
Gain accrued before Act came into force
Permitted allowance for an amount of RM10,000 OR 10% of chargeable gain, whichever is greater.
Permitted allowance for an amount of RM100,000 OR 10% of chargeable gain, whichever is greater.
A gain accruing to the government
Gain equal to amount of estate duty (where disposer is compelled to dispose property in order to pay estate duty.
5 years ago, Ismail Sabri bought a double-storey detached house at market value of RM900,000. He bought through an estate agent and a lawyer which cost him RM28,000 and also paid stamp duty for the transaction.
A year after his occupation, he paid an interior designer to renovate the house for RM28,000. Early last year an uncontrolled fire occurred in the kitchen and cause his house severe damage. He claimed for damages and was awarded RM10,000. After few months of the tragedy, he decided to sell the house and manage to get a prospective buyer who paid RM5,000 as an earnest money. Unfortunately, the buyer did not manage to secure a bank loan and the deposit is forfeited.
Calculate the stamp duty payable by Ismail Sabri when he purchased the property.
Total SD RM20,000
Total SD RM22,000
Total SD RM21,000
Total SD RM23,000
Total SD RM24,000
•In determining the amount of compensation to be awarded for any scheduled land acquired under this Act the following matters shall not be taken into consideration:
the degree of urgency which has led to the acquisition;
any disinclination of the person interested to part with the land acquired;
any damage sustained by the person interested which, if caused by a private person, would not be a good cause of action;
The market value as determined in accordance with section 1 of this Schedule;
•date of publication in the Gazette, under Section 4, within 10 months followed by a declaration under Section 8.
•date of publication in the Gazette, under Section 8, within 12 months followed by a declaration under Section 4.
•date of publication in the Gazette, under Section 4, within 12 months followed by a declaration under Section 8.
•date of publication in the Gazette, under Section 4, within 12 months followed by a declaration under Section 8a.
In determining the amount of compensation to be awarded for any scheduled land acquired under this Act there shall be taken into consideration the following matters and no others:-
Market value
Betterment
Severence
Disturbance Claims
Accommodation works
•If the market value of any scheduled land has been increased, or is currently increased, in either of the following ways, such increase shall be disregarded:
any improvement has been made within two years before the declaration under section 8 was published, unless the improvement was made bona fide; and
contrary to law or detrimental to health of the public.
any improvement has been made within one year before the declaration under section 8 was published, unless the improvement was made bona fide; and
(3A) The value of any building on any land to be acquired shall be disregarded if that building is not permitted by virtue of
the category of land use
an express or implied condition or restriction
the value of land use
the neighborhoods of land use
Cost Of Reinstatement......
•Refers to properties with the following characteristics:
no general demand
such use must continue if not for the acquisition
a bona fide intention to purchase other land devoting it to the same purpose
WHAT is Estate Land?
Land which is considered as an estate land (Section 214A NLC), the market value shall not in any way be affected by the fact that it can be sold to one person. The constraint of this section to be taken into account and the compensation will be based on the cost of an estate.
Land which is considered as an estate land (Section 214A NLC), the rental value shall not in any way be affected by the fact that it can be sold to one person. The constraint of this section to be taken into account and the compensation will be based on the price of an estate.
Land which is considered as an estate land (Section 214A NLC), the market value shall not in any way be affected by the fact that it can be sold to one person. The constraint of this section to be taken into account and the compensation will be based on the value of an estate.
Land which is considered as an estate land (Section 214A NLC), the price value shall not in any way be affected by the fact that it can be sold to one person. The constraint of this section to be taken into account and the compensation will be based on the loss of an estate.
Malay Reserve...........................................
Malay Reserve customary land (the fact that the land is MR should not be taken into account EXCEPT to a purpose which benefit the persons who are eligible to hold the land under such written law).
Malay Reserve holding land (the fact that the land is MR should not be taken into account EXCEPT to a purpose which benefit the persons who are eligible to hold the land under such written law).
(2BA) Zoning;
The compensation payable is ________________(provided a planning certificate is produced). If land is gazetted for public purpose, to value as such. If it is not, to value with all its potentialities.
based on the market value approved
based on the planning approved
based on the rental value approved
based on the JPPH approved
(1B) Schedule Land ;
Where _______________, the land shall be valued by referring to the title as a whole (the part acquired cannot be valued separately from its parent lot)
the whole of land is taken
part of land is taken
1/2 of land is taken
3/4 of land is taken
(1D) Leasehold Properties;
•Where the scheduled land to be acquired is held under a title for a period of years, in assessing the market value, regard may be had to __________________as shown in the document of title, but regard shall not be had to the likelihood of a subsequent alienation to the person or body who is the proprietor thereof immediately before the expiry of the lease.
the date of renewal of the lease
the date of expiry of the lease
the date of reporting of the lease
(1A) Method Of Valuation;
To determine market value for the schedule land, the valuer may use any cost method of valuation to arrive at the market value.
To determine market value for the schedule land, the valuer may use any investment method of valuation to arrive at the market value.
To determine market value for the schedule land, the valuer may use any comparison method of valuation to arrive at the market value.
To determine market value for the schedule land, the valuer may use any suitable method of valuation to arrive at the market value.
To determine market value for the schedule land, the valuer may use any profit method of valuation to arrive at the market value.
The evidence are _____________from the date with reference to which the scheduled land is to be assessed. evidence of sales after the date of valuation is not permissible.
within one year
within two years
within three years
within six months
within 11 months
PRINCIPLES RELATING TO THE DETERMINATION OF COMPENSATION;
Date of Valuation ______________________
date of publication in the Gazette, under Section 8, provided that within 12 months it is followed by a declaration under Section 4.
date of publication in the Gazette, under Section 4, provided that within 12 months it is followed by a declaration under Section 8.
date of publication in the Gazette, under Section 4, provided that within 11 months it is followed by a declaration under Section 8.
An application for requesting Land Administrator to refer the objection to the court is limited to the following matters:
the measurement of the land
the amount of the compensation
the persons to whom it is payable
the apportionment of the compensation
the amount of the market value
Please mark any of the following are TRUE regarding Land Acquisition ;
Sec. 3
State Authority Decide to acquire
Sec. 4
Land Administrator (LA)
Issue Notice (published in the Gazette that land is likely to be needed)
Sec. 5
Survey the land
Sec. 7
LA prepare plan and
List of the said land
Sec. 6
value the land
During Acquisition;
Under sec. 10, Public Notice will be issued in Form E to set the date of the inquiry, place and time to hear all claims on the land affected.
LA is authorized to obtain a written report on the valuation of land and also to call and question witnesses, and request that the documents produced and delivered to him (Section 15).
Upon completion of an investigation under section 12, land administrator shall prepare a written award of Form G of the land involved and the amount of compensation payable.
Offer compensation (Form H) assigned to each person interested
Pre Acquisition ;
Form A shall be published in the Gazette of the State and displayed on the notice board.
Form 4A shall be published in the Gazette of the State and displayed on the notice board.
If the detailed investigation is needed, then, form B is issued to authorize officers to enter the land.
If the detailed investigation is needed, then, form B1 is issued to authorize officers to enter the land.
Sec 8 under LAND ACQUISITION ACR is mandatory requirement due to several reasons:
It notifies the public through the gazette notification that the land has been confirmed acquisition
It also signifies that the land is needed for the purpose for which it is acquired. (conclusive evidence)
Most important, it stipulates the period for which enquiry to be conducted. Award MUST be made within the period of 2 years
Most important, it stipulates the period for which enquiry to be conducted. Award MUST be made within the period of 1 year
Section 8: Declaration That Land Is Required For A Public Purpose....
When the State Authority decides that any of the lands (sec. 7) are needed for any of the purposes (sec. 3), a declaration in Form D shall be published in the Gazette.
A copy of the list of lands (sec 7 (b)), shall be included as a schedule to the declaration in Form D.
A declaration under subsection (1) shall lapse and cease to be of any effect on the expiry of one year after the date of its publication in the Gazette.
A declaration in Form D shall be conclusive evidence that all the scheduled land referred to therein is needed for the purpose specified therein.
A declaration under subsection (1) shall lapse and cease to be of any effect on the expiry of two years after the date of its publication in the Gazette.
Please mark any of the following are TRUE;
Sec. 5: Power Of Entry And Survey
Sec. 6: Payment of Damage
Sec. 7: Preparation Of Plan And List Of Lands
Schedule 4 in Real Property Gain Tax Act 1976 (amended)....
Gain equal to amount of estate duty (where disposer is compelled to dispose property in order to pay estate duty.
Gain loss to amount of estate duty (where disposer is compelled to dispose property in order to pay estate duty.
Permitted allowance for an amount of RM10,000 OR 10% of chargeable gain, whichever is greater.
No allowance for any gain
