While the minimum price limit applies to the whole country, Medini
has been the exemption — foreigners can purchase any property in the
2,230-acre district without any price restrictions.
Pretam Singh Darshan Singh
In his Budget 2014 speech, the prime minister did not mention any
changes to the exemption in Medini — by all appearances, the exemption
seems to remain in place even as Budget 2014 unveiled a number of
cooling measures for the property industry.
“I don’t think (the raised minimum price limit) will be applicable to
Medini,” said property lawyer Pretam Singh Darshan Singh when contacted
by KiniBiz.
The implication now is that with the entry bar raised everywhere else
in the country, Medini has become a stronger magnet for foreign
property investors looking for properties priced below RM1 million.
“Medini is foreigners’ only chance to buy properties below RM1
million,” said Danny Goh, executive director of MCT Consortium which has
a mixed development project in Medini.
Ready, set, rush?
According to Goh, a majority of properties in Medini at the moment are priced below RM1 million.
“For our D’Pristine mixed development, our buyers are about 50:50
between locals and foreigners,” said Goh. “Our prices are about
RM700,000 per Small Office Flexible Office (SoFo) unit.”
Prices in Medini has been quite stable, said valuer Sr Loo Kung Hoe
of Rahim & Co (Johor), with prices varying between RM700 and RM1,000
per sq ft (psf). Some developments are already seeing prices going
beyond the RM1,000 psf mark, added Loo.
But with Medini spared the property cooling measures in Budget 2014, is a ‘gold rush’ by foreign investors looming?
“I think so, yes,” said Goh flatly.
However, the actual overall impact may not be significant, said Brian
Koh, executive director of property consultancy DTZ Nawawi Tie Leung.
“Maybe some of the smaller units would be impacted because they are
usually priced below RM1 million, but the bigger ones not so much
(affected),” said Koh to KiniBiz via phone.
“If foreigners want to buy, they’ll continue to buy (regardless),”
added Koh, pointing out that investment in Iskandar has been driven by
other factors.
One possibility however is that developers may start building bigger
units in order to price their properties higher, said Koh.
RPGT exemption until 2020
Loo Kung Hoe
One way or another, valuer Loo feels Medini’s property prices may
soon see its stability ending, especially since the lack of price
controls for foreigners is on top of an exemption from real property
gains tax (RPGT) under certain conditions.
“From the way I look at it, since (Medini) was not affected by Budget
2014, I think prices may start shooting up,” said Loo to KiniBiz.
“Medini is now king.”
In his Budget 2014 speech last week, prime minister Najib Abdul Razak
also did not touch on Medini’s RPGT exemption for certain types of
purchasers. The implication is that the exemption currently in place
would remain.
According to
information
from the Iskandar Regional Development Authority (IRDA) website, the
Medini Incentive Support Package provides among others an exemption to
foreign knowledge workers (FKW) from real property gains tax (RPGT) for
disposal of land and property until 2015 and 2020 respectively.
However, to qualify for the RPGT exemption the FKWs must be a
non-Malaysian citizen working with either an IDR-status company, an
approved developer, an approved development manager or an approved node
project development company.
Additionally, the FKW must reside in Iskandar Malaysia as well as
possessing required education qualifications and professional experience
in select categories.
IRDA is a statutory body established under the Iskandar Regional
Development Authority Act 2007 (IRDA Act) to oversee the development of
the Iskandar Malaysia region in terms of policies and promotions, among
other roles.
Under the IRDA Act, section 5(e) states that IRDA’s function among
others will be “to recommend to the relevant Government Entities
incentives in relation to taxes, customs and excise duties and other
fiscal incentives applicable to investors in the Iskandar Development
Region”.
How the minimum price exemption works
The exemption for foreigners in Medini from the minimum purchase
price limit works via a well-known practice in other countries including
Australia and Canada, although Medini perhaps represents its first
implementation in Malaysia.
Instead
of purchasing land directly in Medini, foreigners would instead be
buying leases from appointed master concessionaire lease developers
(MCLD) or subsequent layer investors (SLI) — each transaction done by
the registered lessee would not affect the freehold status of the land.
In such an arrangement, the freehold ownership effectively remains
with a local party as the foreign purchaser’s ownership is akin to a
long-term tenancy.
Property lawyer Pretam Singh previously wrote that the lease period
acquired by the foreign purchasers would be 99 years with an option for
an additional 30 years in certain cases.
The body that appoints MCLDs and SLIs for Medini is Iskandar
Investment Berhad (IIB) and at the end of the lease period for a Medini
property, ownership would revert back to IIB.
At present there are more than 20 MCLDs in Medini Iskandar, said
Haslinda Othman, senior vice president of Development, Medini Iskandar
Malaysia Sdn Bhd — which is a member of Iskandar Investment Group — when
contacted by KiniBiz.
However, as Malaysian law does not cater to the sale of leases at
present, developers with projects in Medini need to apply for an
exemption from the housing ministry to allow for such sales of leases.
The housing ministry’s exemption would allow developers to deviate
from Schedules H and G of the Housing Development (Control and
Licensing) Regulations 1989, which are the mandatory standard agreement
between purchasers and developers in Malaysia.
A greenfield development spanning 2,230 acres, Medini is designed to
become the central business district of Iskandar Malaysia with six zones
— A to F — which makes up four development clusters: Medini North (Zone
A), Medini Business (Zone B), Medini Central (Zones C, D and E) and
Medini South (Zone F).
Began in 2007, Medini’s 20-year development plan is expected to see a
gross development value (GDV) of more than RM6.8 billion with its total
area translating to 9.6 million square feet of land and a total gross
floor area of nearly 18.8 million square feet. Among the landmark
developments in Medini is the Pinewood Iskandar Malaysia Studios
boasting over 100,000 square feet in film stages as well as Asia’s first
Legoland — the Legoland Malaysia theme park.