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Stamp Duty Chargeable To Malaysia Property

Stamp duty is one of the method our government earns revenue.

When a property is transacted, stamp duty is imposed on the following manners:

1) When A Property Is Rented.

The tenancy is stamped with an amount calculated as follow:-

a) Firstly, calculate the annual rent (eg: RM600 per month x 12 months = RM7,200).
b) Then less RM2,400 from the annual rent (eg. RM7,200 - 2,400).  This is because the first RM2,400 is exempted from stamp duty which means that rent per month of RM200 need not pay stamp duty.
c) Next, calculate the stamp duty payable based on the following table:-

 

When the lease is for a period:-

 

1 year or less

more than 1 year but equal to 3 years or less than 3 years

Exceeding 3 years or more

For every RM250 or part thereof in excess of RM2,400

RM1

RM2

RM4

d) For every copy of the tenancy agreement a stamp duty of RM10 is chargeable.

2) When A Property Is Sold.

All transfers of property attract stamp duty regardless whether the acquirer gives consideration (value in money or kind example by exchange, as gifts from loves one) for the transfer or not. 

The Malaysian government at times impose stamp duty exemption for certain property type for a certain period of time so as to encourage housing sale. Currently, no exemption is given.

Stamp duty for transfer of property is chargeable at the following rate:
Value Of Property Rate Of Stamp Duty %
Up to RM100,000 1
RM100,001 to RM500,000 2
RM500,001 onwards 3

3) When A Property Is Mortgaged

When a property is mortgaged, mostly likely the lender of the money will claim charge over the property, the lender does this by creating a Charge on the property.  Hence, a Charge is an instrument created by statute namely the National Land Code (NLC).  A Charge enable the Chargee (lender) a security for the loan granted to the Chargor (Borrower) over the property charged.

Stamp duty is calculated at the rate of about 0.5%.

 

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