Commencement of amendments to the Stamp Act 1949
s 25
This Chapter comes into operation on 1 January 2026.
Finance Act 2025 Chapter IV — AMENDMENTS TO THE STAMP ACT 1949
Amendment of section 2
s 26
The Stamp Act 1949, which is referred to as the “principal Act” in this Chapter, is amended in section 2 by inserting after the definition of “property” the following definition: ‘ “residential property” means a house, condominium, apartment, flat, service apartment or small office home office solely to be used as a dwelling house;’.
Amendment of section 21
s 27
Subsection 21(7) of the principal Act is amended by inserting after the words “the Collector” the words “, on an application made within twenty-four months after the date of instrument by the person whom it was first or alone executed,”.
New section 80c
s 28
The principal Act is amended by inserting after section 80b the following section: “Power of Collector to utilize excess of duty 80c. (1) Any amount of excess in respect of duty payable which is to be refunded to a person under this Act may be utilized by the Collector for the payment of any other amount of— (a) duty which is due and payable by the person under this Act; or (b) tax which is due and payable (including any amount of instalments which are due and payable) by the person under the Income Tax Act 1967, the Petroleum (Income Tax) Act 1967 [Act 543], the Real Property Gains Tax Act 1976 [Act 169] or the Labuan Business Activity Tax Act 1990 [Act 445]. (2) Where amount of excess in respect of a person is ascertained in accordance with subsection 111(4 a ) of the Income Tax Act 1967, subsection 50(4) of the Petroleum (Income Tax) Act 1967, subsection 24(7a) of the Real Property Gains Tax Act 1976 or subsection 12(2) of the Labuan Business Activity Tax Act 1990, the excess shall be applied for the payment of duty which is due and payable by the person under this Act.”.
Amendment of First Schedule
s 29
The First Schedule to the principal Act is amended— (a) in relation to item 4, in the column “Description of Instrument”, under “Exemptions”, in paragraph (b), by substituting for the words “RM300 per month” the words “RM3,000 per month”; and (b) in relation to item 32— (i) in the column “Description of Instrument”, in paragraph (aa), by substituting for the words “except stock,” the words “except residential property, stock,”; (ii) by inserting after paragraph (aa) and the particulars relating to it the following paragraph and particulars: Item Description of Instrument Proper Stamp Duty “(ab) On sale of any RM8.00 for every residential property R M 1 0 0 . 0 0 o r from 1 January 2026 fractional part of to a foreign company RM100.00 of the or a person who is amount of the not a citizen and not money value of the a permanent resident consideration or the market value of the residential property, whichever is the greater” ; and (iii) in the column “Proper Stamp Duty”, in subparagraph (e)(i), by inserting after the words “Duty as in (a), (aa),” the words “(ab),”.
Amendment of Third Schedule
s 30
The Third Schedule to the principal Act is amended in item 7, in the column “Person liable to pay Duty”, by substituting for the words “The parties in equal shares” the words “The grantee or transferee”.
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Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
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