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The
assessment and collection of Stamp Duties is sanctioned by statutory law
described as
the Stamp Act 1949. Stamp Duty is levied by the government on instruments or
documents of transfer. In property transaction, the imposition is in the form of
Ad Valorem (i.e. according to the value) Duties for:-
1.
Instruments/Documents of transfer (implementing a sale or gift) of
property.
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This can be in the form of Memorandum of Transfer of the Title or the
Deed of Assignment of the Principal Sales & Purchase Agreement (for cases
where the proper title or strata title is yet to be issued).
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The prescribed rate of duty is as shown below based on the transaction
price or valuation carried out by the Property Services and Valuation
Department.
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The duty at this rate is also payable where the instrument of transfer
constitutes a DEED OF ASSIGNMENT
executed on sale or gift of the contractual interest on the property.
RATE OF DUTY
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First
RM100,000
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1%
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Between
RM100,000 and RM500,000
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2%
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Between
RM500,000 and RM2,000,000
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3%
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More
than RM2,000,000
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4%
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2.
Instruments/Documents creating interests in property, for Tenancies and
Statutory Leases.
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The lease or tenancy instrument which secures annual rent not exceeding
RM2,400 is EXEMPTED from duty and
presentation of these instruments at a stamping office or center is not
necessary.
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The prescribed rate of duty on the instruments which secures annual rent
exceeding RM2,400 is as follows:-
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When
the lease is:
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For
every RM1,000 or part
thereof in excess of RM2,400
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Less
than 1 year
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RM4.00
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Between
1 year and 3 years
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RM8.00
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More
than 3 years
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RM16.00
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·
If the consideration for tenancy constitutes or includes a PREMIUM,
additional duty is
chargeable and it is calculated
on the amount of the premium at the rate chargeable on
immovable property. |
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