2025/2026 Malaysian Tax Booklet

Stamp duty

Basis of taxation

Stamp duty is chargeable on instruments and not on transactions. An unstamped or insufficiently stamped instrument is not admissible as evidence in a court of law, nor will it be acted upon by a public officer.

Assessment and payment of stamp duty can be made electronically via the Stamp Assessment and Payment System. The stamp duty self-assessment system is to be implemented in phases based on the types of instruments or agreements as follows:

 

Effective from

Types of instruments / agreement

Phase 1 1 January 2026 Rental or lease, general stamping and securities
Phase 2 1 January 2027 Instruments of transfer of property ownership
Phase 3 1 January 2028 Other than those stated in Phases 1 and 2

Rates of duty

The rates of duty vary according to the nature of the instruments and transacted values. A minimum duty of RM10 is imposed on dutiable instruments with duty of less than RM10, except cheques and contract notes.  The stamp duty rates for some common instruments are as follows:

a) Properties (other than shares, stock or marketable securities)
Other than foreign companies, non-citizens and non-permanent residents:
Value threshold (RM) Rate Duty payable (RM)
On the first 100,000 RM1 per RM100 or part thereof 1,000
On the next 400,000  RM2 per RM100 or part thereof 8,000
On the next 500,000 RM3 per RM100 or part thereof  15,000
In excess of the first 1,000,000 RM4 per RM100 or part thereof  
Foreign companies, non-citizens and non-permanent residents:
Value threshold Rate
Flat rate 

RM4 per RM100 or part thereof (w.e.f. 1 January 2024) 

 

Budget 2026 proposed an increase from 4% to 8% (computed as RM8 per RM100 or part thereof) on the instrument of transfer of residential property executed w.e.f. 1 January 2026

b) Shares, stocks or marketable securities
Non-listed shares, stock or marketable securities
Value base Rate Valuation method 
Consideration or value, whichever is greater RM3 for every RM1,000 or any fraction thereof
  • Net tangible assets, or

  • Sale consideration 

Shares or stock listed on Bursa Malaysia
Value base Rate  
Transaction value RM1.50 for every RM1,000 or any fraction thereof
Note: Stamp duty in excess of 0.1% is remitted for instruments of contract notes executed on or before 13 July 2023 until 12 July 2028, with maximum stamp duty payable of RM1,000 per contract note.
Listed marketable securities 
Value base Rate  
Transaction value

RM1 for every RM1,000 or any fraction thereof, with

 

maximum stamp duty payable of RM200 per contract note

c) Service agreements and loans agreements
Service agreement 
Value base 
Rate 
Value of the services 

0.5% on the value 

However, stamp duty may be remitted in excess of 0.1% for the following instruments: 
All service agreement (one tier)  Ad valorem rate of 0.1% 
Multi-tier service agreement:   

Non-government contract  

 

(i.e. between private entity and service providers) 

First level  Ad valorem rate of 0.1% 
Subsequent level(s)  Up to RM50 
Government contract (i.e. between Federal / State Government or State / local authority and service providers)  First level  Exempted 
Second level  Ad valorem rate of 0.1% 
Subsequent level(s)  Up to RM50 
Loan agreement / loan instrument 
Type of loan instrument

Rate on value of loan

Malaysian Ringgit or foreign currency loan agreements  0.5% 
Malaysian Ringgit loan agreements or instruments without security and repayable on demand or in single bullet repayment  0.1% 

Loan or financing agreement for the purchase of goods (within the meaning under the First Schedule of the Hire Purchase Act 1967), executed from 1 January 2025: 

- through conventional hire purchase 

- through Islamic hire purchase 

- loan / financing (other than hire purchase) based on Shariah principles 

RM10 flat rate 

Stamping

Instruments executed in Malaysia which are chargeable with duty must be stamped within 30 days from the date of execution. When the instruments are executed outside Malaysia, they must be stamped within 30 days after they have first been received in Malaysia. 

Penalty

The penalty imposed for late stamping varies based on the period of delay. The maximum penalty is RM100 or 20% of the deficient duty, whichever is higher.

Relief / Exemption / Remission from stamp duty

Examples of the exemptions, remissions or reliefs of stamp duty available are as follows:

Relief for business restructuring
Relief under  Qualifying transaction (conditions apply)
Section 15 Transfer of the undertakings or shares under a scheme of reconstruction or amalgamation of companies. 
Section 15A Transfer of property (excludes transfer of business) or shares between associated companies, where either company owns 90% or more of the other company, or where a third company owns 90% or more of both associated companies.

Exemption / remissions of stamp duty

1. Financing instrument
  Instrument and transaction

Exemption

 

 

Loan / financing agreements executed from 1 January 2022 to 31 December 2026 between MSMEs and investors for funds raised on a peer-to-peer platform registered and recognised by the Securities Commission (SC)
All instruments of an Asset Sale Agreement and Asset Lease Agreement executed between a customer and a financier made under Syariah law principles for renewing any Islamic overdraft / revolving financing facility, provided the instrument for existing facility is duly stamped
All instruments for purchase of property by any financier for the purpose of leaseback under the principles of Syariah or any instrument by which the financier shall assume the contractual obligations of a customer under a principal sale and purchase agreement 
Proposed exemption on loan / financing instruments executed from 1 January 2025 to 31 December 2026 by MSMEs and investors through Initial Exchange Offering platforms registered with SC
Loan / financing instruments in relation to a Micro Financing Scheme for an amount up to RM100,000 (approved by the National Small and Medium Enterprise Development Council) between a MSMEs and a participating bank or financial institution
Remission Any instruments of an Asset Lease Agreement executed between a customer and a financier made under the Syariah principles for rescheduling or restructuring any existing Islamic financing facility are remitted to the extent of the duty that would be payable on the balance of the principal amount of the existing duly stamped Islamic financing facility 
2. Instrument of transfer 
  Transaction

Exemption

 

 

Transfer of immovable property operating as voluntary disposition between husband and wife
Transfer of land, business, asset and share in relation to the conversion of a conventional partnership or a private company to be a limited liability partnership
Instrument of transfer and loan agreement for the purchase of first residential home of which the value is not more than RM500,000 by Malaysian citizens (sale and purchase agreement (SPA) executed from 1 January 2021 to 31 December 2025). Budget 2026 proposed extension where SPA is executed by 31 December 2027
Exemption and remission  Transfer of property (executed from 1 April 2023) by way of love and affection between parents and children, grandparents and grandchildren, limited to the first RM1 million of the property’s value, provided the recipients are Malaysian citizens. The balance of the property’s value is given 50% remission on the ad valorem stamp duty imposed
Remission 50% of stamp duty chargeable is remitted for transfer of immovable property operating as voluntary disposition between parent(s) and child and vice versa, executed before 1 April 2023 and provided that the recipient(s) is a Malaysian citizen
Fixed duty of RM10  Transfer of any property by way of release or renunciation by a beneficiary of a deceased estate to another beneficiary entitled under the same estate
3. Capital markets
  Instrument and transaction

Exemption

 

 

Specified instruments for the purpose of a securitisation transaction
All instruments for the issue of, offer for subscription or purchase of, or invitation to subscribe for or purchase debentures or Islamic securities approved by the SC and the transfer of such debentures or Islamic securities
Contract notes for sale and purchase transaction of structured warrant or exchange-traded fund approved by the SC, executed by 31 December 2025. Budget 2026 proposed extension to 31 December 2028
Budget 2026 proposed exemption on contract notes for buy-side structured warrant transaction executed from 1 January 2026 to 31 December 2028
Remission  Duty in excess of RM200 is remitted for contract notes for the sale of shares, stocks or marketable securities in companies incorporated in Malaysia or elsewhere between a local broker and an authorised nominee on behalf of a foreign broker
4. Employment related instrument
  Instrument and transaction
Exemption Employment contracts involving monthly wages not exceeding RM300 per month. Budget 2026 proposed increase of wage threshold from RM300 to RM3,000 (contracts executed from 1 January 2026)
5. Insurance markets
  Instrument and transaction
Exemption Insurance policies or takaful certificates with low annual premium / contribution (not exceeding RM150 for individuals, and RM250 for MSMEs) issued from 1 January 2022 to 31 December 2025. Budget 2026 proposed extension to 31 December 2028.

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