Stamp Duty

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Stamp Duty by Mind Map: Stamp Duty

1. Ministerial Exemption

1.1. Minister of Finance may by order published in the Gazette exempts instruments from stamp duty by virtue of s 80

1.2. Section 80(1A) further empowers the Ministry of Finance to exempt, remit or reduce stamp duty

2. Purchase of low cost house

2.1. Stamp duty is exempted if execution of sale and purchase agreement is done on or after 1 July 2002

2.2. Low cost house

2.2.1. Unit of house built within a low cost housing project

2.2.2. Approved by a State Government/appropriate authority in respect of the Federal Territory of Kuala Lumpur, Labuan or Putrajaya

2.2.3. Sold at a price of <RM42,000 if situated in Peninsular Malaysia

2.2.4. Sold at a price of <RM47,000 if situated in Sabah, Sarawak or Labuan

3. Issue and transfer of company bonds

3.1. All instruments related to the issues and transfer of company bonds are exempted from stamp duty

3.2. Company bonds

3.2.1. Any private debt securities issued by a company with the approval of Bank Negara Malaysia/Securities Comission

3.2.2. e.g. bonds, loan stocks, loan notes, any private debt securities issued under Syariah Law

3.2.3. Entitles the bearer/registered holder to payment of the amount expressed upon the face of the instrument at a specific date

3.2.4. Grants the registered holder a right to convert the value of the instrument for stock or registered shares of the company

4. Financial Instruments

4.1. The following are exempted from stamp duty if it is executed on or after 1 January 2001

4.1.1. Any instrument that operates to transfer, convey, assign, vest, effect or complete a disposition of legal rights or interest in title to any asset or charge or mortgage which is referred to as "the rights" in favour of a special purpose vehicle

4.1.2. Any instrument that operates to create or effect charge, assignment, trust deed or any letter of guarantee or any other document for the purpose of credit enhancement

4.1.3. Any other instrument that operates to transfer, convey, assign, vest, effect or complete a disposition of any of those rights in connection with the repurchase of those rights from the special purpose vehicle in favour of the person whom the rights were acquired

4.1.4. Any other instrument or document in which a special purpose vehicle is in party to

5. Issue or purchase of debentures or Islamic Securities

5.1. All instruments related to issuance of, offer for subscription or purchase of, or invitation to subscribe for or purchase of debentures or Islamic Securities approved by Securities Commission and the transfer of such debenture or Islamic Securities are exempted from stamp duty

6. Purchase of residential property from PR1MA Corporation Malaysia

6.1. Stamp duty in relation to loan agreement for the purchase of a residential property from PR1MA Corporation Malaysia will be exempted

6.1.1. Loan agreement is between the purchaser named in Sale and Purchase Agreement and the following

6.1.1.1. A bank, financial institution, insurance company or co-operative society

6.1.1.2. An employer under an employee housing loan scheme

6.1.1.3. PR1MA Corporation Malaysia

6.1.2. The Sale and Purchase agreement executed between 1 January 2012 and 31 December 2016 is given one time stamp duty exemption

6.2. Purchaser

6.2.1. A Malaysian citizen eligible under the Perumahan Rakyat 1 Malaysia programme

6.3. Residential property

6.3.1. A house, condominium unit, an appartment or a flat built under the Perumahan Rakyat 1 Malaysia programme (under RM300,000)

7. Micro financing scheme

7.1. Stamp duty on loan agreement is exempted, effective 1 January 2012, if persuant to a

7.1.1. Micro financing scheme (approved by National Small and Medium Enterprise Development Council

7.1.2. Loan amount is less than or equal to RM50,000 with participating banks

8. Inter vivos gift amoung spouse

8.1. Starting 8 September 2007, stamp duty will be exmpted on all instruments affecting transfer of any landed properties as a voluntary disposition inter vivos from husband to wife or wife to husband

9. ASEAN Infrastructure Fund

9.1. All instruments executed by the ASEAN Infrastructure Fund Limited are exmpted from stamp duty effective 24 April 2012

10. Restructuring scheme

10.1. Stamp duty exemption is given to all instruments executed persuant to a restructuring scheme of a licensed person/corporate group

10.1.1. A scheme carried out by a licensed insurer for the purpose of complying with s 16(1) and s 276 of the Financial Services Act 2013

10.1.1.1. To not carrying on both life and general insurance within 5 years of the appointed date or longer period

10.1.2. A scheme carried out by a licensed takaful operator for the purpose of complying with s 16(1) and s 286 of the Islamic Financial Services Act 2013

10.1.2.1. To not carrying on both family takaful business and general takaful business within 5 years of the appointed date or longer period

10.1.3. An acquisition or disposal of share by a licensed insurer/licensed takaful operator for the purpose of the scheme mentioned above

10.1.4. A process of obtaining/surrendering license by a licensed insurer or a licensed takaful operator arising from the scheme mentioned above

10.1.5. A scheme of transfer of business by a financial holding company to another company or an acquisition or disposal of shares by a financial holding company/any other company with purpose of complying with s 114 of the Financial Services Act 2013 or s 126 of the Islamic Financial Services Act 2013

10.1.5.1. To not carry on any business directly or indirectly in corporations which are primarily engaged in financial services or in other services in connection for the purpose of such financial services

10.1.6. An acquisition or disposal of share or establishment of a company by a financial holding company or any other company

10.1.6.1. In connection with an application to be financial holding company and the application is approved by BNM under the Financial Services Act 2013

10.1.6.2. In connection with an application to be financial holding company and the application approved by BNM under the Islamic Financial Services Act 2013

10.2. Only BNM approved instruments executed between 1 November 2014 and 30 June 2018 are eligible for stamp duty exemption with the following documents

10.2.1. A copy of approval letter or letter of no objection from BNM

10.2.2. A statutory declaration under Statutory Declarations Act 1960 by the board of directors of the licensed person/corporate group to confirm the instruments are executed for the purpose of prescribed schemes and transatcions

11. Abandoned projects

11.1. Stamp duty exemption is granted to the instruments executed by a purchaser (name stated in the S&P) in relation to abandoned projects or his beneficiary

11.1.1. Any instrument of transfer for the purpose of transferring revived residential property in relation to the abandoned project

11.2. Stamp duty exemption is granted to the instruments executed by a contractor/developer who is approved by the Minister of Housing and Local Government to carry on rehabilitation works for abandoned projects

11.3. The instruments above refer to

11.3.1. Any loan instrument or loan agreement approved by the financier to finance the abandoned project

11.4. The financier refer to

11.4.1. A licensed bank under the Financial Services Act 2013

11.4.2. A licensed Islamic bank under the Islamic Financial Services Act 2013

11.4.3. A development financial institution prescribed under the Development Financial Institutions Act 2002

11.4.4. A licensed insurer under the Financial Services Act 2013

11.4.5. A licensed takaful operator under the Islamic Financial Services Act 2013

11.4.6. A co-operative society registered under the Co-operative Societies Act 1993

11.4.7. Any employer who provides an employee housing loan scheme

11.4.8. The Malaysian Building Society Berhad incorporated under the Companies act 1965

11.4.9. The Borneo Housing Mortgage Finance Berhad incorporated under the Companies Act 1965

11.5. These exemptions are applied to instruments executed between 1 January 2013 to 31 December 2017

12. SME with incentive under Green Lane Policy

12.1. Any instrument of loan agreement or financing provided to a SME in accordiance with Syariah principle will be given one time exemption from stamp duty if executed between 1 January 2015 to 31 December 2017

12.2. In order to obtain exemption, SME has to obtain approval for an incentive under Green Lane Policy from the following

12.2.1. Secretariat for Green Lane Policy of the MOF

12.2.2. Bank Perusahaan Kecil & Sederhana Malaysia Berhad

12.2.3. Bank Pembangunan Malaysia Berhad

12.2.4. Export-Import Bank of Malaysia Berhad

12.2.5. Bank Pertanian Malaysia Berhad

12.2.6. Malaysian Industrial Development Finance Berhad (MIDF)

12.2.7. Malaysia Debt Ventures Berhad (MDV)