Wednesday, March 24, 2010

Press Statement - YB Dato' Ngeh Koo Ham - Call To Revert The Filing Of Returns & The Payment Of Real Property Gains Tax (RGPT)

(24/03/2010)Press Statement

Call to revert the filing of returns and the payment of Real Property Gains Tax (RPGT) to that practiced in 2007. New procedure unfair cumbersome, burdensome and has caused uncertainty.

Real Property Gains Tax was introduced in 1976 through Real Property Gains Tax Act 1976. RPGT was abolished from 1/4/2007 but was reinstated by the Government from 1st January 2010. From 1/1/2010, the Government imposed 5% tax on gains received from the disposal of a property which was acquired within 5 years.

The new RPGT rules, however, require the Purchaser to forward the returns and 2.0% of the purchase price to the income tax department within 60 days from the date of the Sale and Purchase Agreement failing which an additional 10.0% on this amount will be imposed.

These new rules are unfair, cumbersome, burdensome and has caused uncertainty for the following reasons:-

1. 2.0% of purchase price very often far exceeds the 5.0% RPGT that is imposed.
e.g. If a property acquired at RM1.0 million is sold for RM1.1 million there is a gain of RM100,000-00. A sum of RM22,000-00 will have to be paid to the income tax from the deposit paid within 60 days. The tax payable is however, only RM5,000-00. A sum of RM17,000-00 will have to be claimed back from the income tax department on a later date. From experience, it will take a long long time to claim back money from a government department. This constitute undue enrichment to the Government who does not pay interest on this additional sum paid.

2. The Purchaser or his solicitor is under a duty to forward this 2.0% of the purchase price. This placed an unfair duty and burden on the Purchaser because additional 10.0% penalty will be imposed on this amount if payment is delayed.

3. Those who will not be taxed will also be required to file form.

4. Getting the refund and filing of the unnecessary CKHT 3 form will cause the parties expenses and time. This is unproductive work for both the government servants and the additional staff that the solicitors and tax agents will have to employ.

5. It create uncertainty when a sale falls through. In such an event the deposit paid will be forfeited by the Vendor. The 2.0% purchase price which form part of the deposit was paid by the Purchaser to the income tax department. Will the tax department refund the amount to the Vendor or the Purchaser in the event of a dispute?

6. In the case where a sale is contingent on an event e.g the requirement for the Menteri Besar’s consent, will the 2.0% purchase price still have to be forwarded to the income tax department within the 60 days period? (one income tax officer says the 60 days period operate from the date the Menteri Besar consent is received but it is not stated in the rules. Will the Purchaser be slamned with a 10% increase if another officer interprete otherwise?)

I proposed that we revert back to the practice in 2007 before RPGT was abolished. Both Vendor and Purchaser submit their respective returns within 30 days and RPGT be paid upon the tax department issuing the notice for payment. The estimated RPGT payable be retained by the Purchaser’s solicitors until then. At least the Purchaser is entitled to the interest earned if the tax department delayed in assessing and issuing the notice for payment.

Dated this 22nd day of March 2010.

- Deputy Secretary General DAP Malaysia
- MP for Beruas

Tuesday, March 23, 2010

Media Statement By Dato' Ngeh Koo Ham - ‏DUN Perak - Dato Ganesan's Action In Inviting The Police To Act Against YB V.Sivakumar Must Be Condemned

(22/03/2010) Media Statement

Dato’ Ganesan’s action in inviting the police to take action against YB V.Sivakumar , The Legitimate Speaker of the Perak State Assembly, clearly shows his willingness to destroy the democratic institution in Malaysia. He is not part of the Perak State Assembly and neither is he the Legitimate Speaker. Therefore, he has no qualms about destroying the institutions of the Speaker and the State Assembly.

King Solomon was once asked to decide who is the mother of a child. Two women both claimed to be the mother of the child. King Solomon in his wisdom (then he did not have the benefit of DNA tests) decided that in order to be fair to both the child be cut into two and each woman be given one half. One agreed but the other woman immediately requested the King to spare the child’s life and have the child given to the first woman. The wise King immediately knew who the child’s mother was. A mother will never want to see harm befall his child.

The police report lodged by Dato’ Ganesan on 19/3/2010 inviting the police to take action against YB V. Sivakumar, the Legitimate Speaker of the Perak Assembly, is clearly an action calculated to destroy the democratic institution of the Perak Sate Assembly. Dato’ Ganesan had on 7/5/2009 invited the police force to invade the Perak State Assembly and forcibly removed YB V. Sivakumar from the State Assembly. The harm that was done to this democratic institution of Perak was beyond repair.

Like the woman who is not the mother of the child, Dato’ Ganesan has no qualms about destroying this democratic institution of Perak. He was a reject. The people rejected him during the last General Elections. He is not part of the State Assembly and neither is he the Legitimate Speaker of the Perak State Assembly. His ascension to the Speaker’s seat on 7/5/2009 was done by using the police to forcibly removed YB V. Sivakumar.

In a democratic system, the separation of powers between the judiciary, the legislature the executive have been clearly defined. All matters pertaining to the State Assembly must be dealt with by the Assembly itself. The independence and the sanctity of the legislature must never the sacrified or compromised. What Dato’ Ganesan is doing in to encourage a Police State where might is right.

YB V. Sivakumar has in all his conduct tried to maintain and uphold the independence and the sanctity of the State Assembly. He was never cowed by the threat or force used by BN and the police against him.

All Malaysians must condemn Dato’ Ganesan for his treacherous act against over democratic institutions.

Dated this 22/3/2010

Dato’ Ngeh Koo Ham
DAP Perak Chairman
State Assemblyman for Sitiawan

Monday, March 22, 2010

Dato' Wee Ka Siong Was Wrong

Media Statement by Ngeh Koo Ham in Ipoh on Friday, 19th March 2010:

Deputy Education Minister, Dato Dr Wee Ka Siong was wrong to say that I was not in favour of Local Government Elections

Last Night, the Deputy Education Minister, Dato’ Dr Wee Ka Siong during the Editor’s Time Forum Special program televised on NTV 7 at 11.00pm last night (18/3/2010) quoted me as not in favour of Local Government Elections.

I would like to reiterate that I have all along advocate for local government elections. The Deputy Minister was wrong in quoting me as not favouring local government elections.

The Pakatan Rakyat Perak government during its 10 ½ months’ reign had not immediately implemented local government elections as there were differering views as to whether federal laws need to be amended before local government elections can be implemented.

As a government, we wanted to make sure that whatever we do is according to law as we uphold the rule of law. We were awaiting expert legal opinions on the matter when BN undemocratically seized power on 6/2/2009.

Now that the Penang State Government has written to the Election Commission, I hope this legal issue will be settled soon.


* Ngeh Koo Ham, DAP Perak Chairman; MP for Beruas & State Assemblyman for Sitiawan

Tuesday, March 16, 2010

Media Statement by Dato' Ngeh Koo Ham-DUN Perak

Media Statement

Pakatan Rakyat Perak (PR) heeds the people’s call to move forward and hope Perak BN will do the same by allowing the legitimate speaker YB V.Sivakumar to chair the State Assembly sitting on 30/3/2010. PR state Assemblymen/women will disclose to the public questions and issues raised to ensure accountability and transparency on the part of BN.

Yesterday, all 27 Perak PR elected representatives have submitted their question to the secretary of the Perak State Assembly to be answered by the BN Government at the coming assembly sitting on 30/3/1020. The People are angry that BN has refused to dissolve the Perak State Assembly to pave way for a fresh election to allow the people to decide democratically who to lead the state. Many have indicated to us that they will teach the BN a lesson and vindicate PR in the next general election. Meanwhile, the people want us to move forward for the sake of Perak and PR heeds their call.

I call on Dato’ Seri Zambry bin Abdul Kadir the BN Menteri Besar to also heed the people’s call by allowing the legitimate speaker, YB V.Sivakumar to chair the meeting on 30/3/2010 so that the sitting will not be tainted with controversies as Dato’ Ganesan cannot be a valid or legitimate speaker by any account.

Dato’s Ganesan cannot be a valid speaker as he was elected by the BN elected representatives in a chaotic environment and before the session was opened by his Royal Highness the Regent of Perak. Even had he been lawfully elected, which he was not the Perak Constitution would have declared his position vacant as he did not resign from his legal profession within 3 months from his purported election. His ascension to the speaker’s seat was by forcibly removing the legitimate speaker which is unlawful and an offence. If Dato’ Ganesan is accepted as a legitimate speaker, it will set a precedent that the opening of the Assembly sitting by the Sultan or Regent will no longer be necessary.

In order that the rule of law can be observed, I call on Dato’ Seri Zambry to allow YB V.Sivakumar to chair the Perak Assembly on 30/3/2010 so that the questions can be answered by the BN Government and the debates can conducted in an orderly and lawful manner. For the People’s Sake, PR Perak wants to move forward and we hope BN will also heed the wishes of the people of Perak.

In order to ensure accountability and transparency on the part of the Perak BN Government, the PR elected representatives will in this coming 2 weeks disclose to the public the questions and issues raised by them. Perak BN must answered each and every question or issue raised.

As a start I attach herewith the 8 questions submitted by me. An assemblyman/woman is allowed to ask a maximum of 3 questions requiring oral reply and 5 questions requiring written reply.

Setiausaha Bahagian Majlis
Dewan Negeri Perak
Pejabat Setiausaha Kerajaan Negeri Perak, Ipoh,
Perak Darul Ridzuan.

Soalan-soalan yang memerlukan Jawapan Lisan dan Bertulis bagi Mesyuarat Pertama, Penggal Ketiga, Dewan Negeri Yang Kedua Belas Perak Darul Ridzuan mulai 30 Mac 2010.

Soalan-soalan yang memerlukan jawapan lisan

1. Bertanya kepada Menteri Besar kenapakah kerajaan BN tidak mengamalkan sistem tender terbuka untuk pengeluaran balak di negeri Perak. Adakah ia bercadang berbuat demikain dan jika ia, bila?

2. Bertanya kepada Menteri Besar apakah kedudukan tentang pengumuman Kerajaan BN untuk meluluskan lebih kurang 14,000 hektar tanah kepada Rahman Hydraulic Tin Sdn Bhd untuk cari gali bijih timah. Berikan butir-butir tentang tanah ini dan adakah ia akan diberikan kepada syarikat itu untuk dilombong jika didapati tanah ini mempunyai bijih timah yang mencukupi untuk dilombong?

3. Bertanya kepada Menteri Besar samada Kerajaan Negeri atau Menteri Besar sendiri yang membayar untuk makan malam Persatuan Hai Nan, Pangkor yang diadakan pada 2/8/2009 dan nyatakan jumlah perbelanjaannya. Nyatakan semua jamuan-jamuan yang telah dianjurkan oleh Menteri Besar atau Kerajaan Perak sejak rampasan kuasa pada 6/2/2009 dan nyatakan berapakah perbelanjaan setiap jamuan-jamuan tersebut.

Soalan-soalan yang memerlukan jawapan bertulis

1. Bertanya kepada Menteri Besar berapakah jumlah perbelanjaan yang digunakan oleh Kerajaan untuk banner, banting, poster dan lain-lain iklan sejak rampasan kuasa dari 6/2/2009 hingga sekarang untuk setiap sambutan /perayaan. Senaraikan mereka satu persatu.

2. Bertanya kepada Menteri Besar jumlah tanah Kerajaan yang telah diluluskan kepada orang perseorangan dan syarikat sejak 6/2/2009 dan senaraikan nama-nama mereka satu persatu.

3. Bertanya kepada Menteri Besar berapakah gaji, elaun atau lain-lain bayaran yang dibayar kepada YB Pengkalan Baru sebagai pengarah penerangan, YB Dato’ Chan Ko Youn dan Dato’ Veerasingham sebagai penasihat kepada Menteri Besar ? Nyatakan kerja-kerja yang telah dilakukan oleh mereka dan kenapa Menteri Besar perlukan penasihat-penasihat khas ini padahal Dato’ Seri Nizar Bin Jamaluddin tidak perlukan penasihat-penasihat khas ini apabila meyandang jawatan Menteri Besar?

4. Bertanya kepada Menteri Besar berapakah jumlah pelaburan luar negara dan tempatan yang sudah diluluskan untuk dijalankan sejak 9/2/2009 hingga sekarang dan nyatakan nilai-nilai projek-projek tersebut.

5. Bertanya kepada Menteri Besar rancangan pemutihan tanah-tanah ternakan udang dan ternakan air di Perak terutamanya di kawasan Manjung. Apakah rancangan yang telah diputuskan untuk dilaksanakan.

Bertarikh 12 Mac 2010

Dated this 16th day of March 2010

Dato’ Ngeh Koo Ham
DAP Perak Chairman
Assemblyman for Sitiawan

Sunday, March 14, 2010

Dato' Ngeh reply to Datuk Ramly Zahari


Call on Datuk Ramly Zahar,i BN Perak Government Exco member to tell the truth with regard to his claim that 60 multi purpose and community halls had their water and electricity supply cut and not blamed them on the Pakatan Rakyat Government. During the Pakatan Rakyat’s reign there was no such problem. Does he has an agenda against Dato’ Seri Zambry Bin Abdul Kadir?

I refer to statement by Datuk Ramly Zahari that 60 multi purpose and community halls in Perak do not have electricity or water supply due to their failure to pay the utility bills in the past 10 months and he attributed in to the fault of the Pakatan Rakyat Government.

I would like to put on record that during the tenure of the Perak Pakatan Rakyat Government from 17/3/2008 till 5/2/2009 there was never a complaint received that water or electricity supply to a multi purpose or community hall will be cut due to the failure to pay the utility bills. This was so during my post Exco meetings with all the relevant departments chaired by me where Tenaga Nasional Berhad (TNB) and Lembaga Air Perak (LAP) were represented and neither did BN as the opposition then raised such an issue.

If the electricity bills were unpaid during the last 10 months, then they were unpaid during BN’s reign as BN has grabbed power for more than 13 months on 6/2/2009.

I know Datuk Ramly Zahari is from an UMNO Perak camp different from that of Dato’ Seri Zambry Bin Abdul Kadir. Is he trying to embarrass Dato’ Seri Zambry, the court appointed Menteri Besar of Perak?

I challenge Datuk Ramly Zahari to give the details with regard to the 60 multi purpose and community halls where electricity and water were cut.

If Datuk Ramly Zahari was referring to 10 months of unpaid bills during the PR reign, what happened to the last 13 months when BN took over? He needs to clarify.

There is no question of unpaid water or electricity bills during the PR Government rule, as LAP is owned by the Perak Government and the State has about RM800 million in reserve. The Pakatan Rakyat brought in additional RM100.4 million into the State coffer in 2008.

I challenged Datuk Ramly to tell the truth and if he has a political agenda against Dato’ Seri Zambry, let it be also make known to the public.

Dated this 13th day of March 2010.


Tuesday, March 2, 2010