Stamp Duty Self-Assessment in Malaysia (STSDS): What Actually Changed for Buyers in 2026
Malaysia’s Stamp Duty Self-Assessment System (STSDS, Sistem Taksir Sendiri Duti Setem) arrives in three phases, which means that if you buy a property in 2026 your two main instruments sit on two different regimes at the same time. The loan or facility agreement is a security instrument and has been self-assessed since 1 January 2026: you or your solicitor compute the duty, declare it on a stamp duty return (BNDS, Borang Nyata Duti Setem) within 30 days of execution, and pay within 30 days of submitting that return. The transfer (MOT, memorandum of transfer, Form 14A) is not. It is Phase 2 and starts 1 January 2027, so a transfer executed in 2026 is still assessed by the Collector of Stamp Duties, with the Valuation and Property Services Department (JPPH) valuing the property where market value is in issue. This page sets out that split, the 2026 first-year penalty concession (Phase 1 only, and measured by the date you submit the stamping application), the Third Schedule change putting transfer duty on the transferee from 1 January 2026, and what a 2027 buyer takes on when they declare market value themselves. Every figure carries its source and date.
Short answer
Stamp duty self-assessment (STSDS) arrives in three phases, so a buyer in 2026 has two instruments on two different regimes. The loan or facility agreement is a security instrument and has been self-assessed since 1 January 2026: you or your solicitor compute the duty (0.5% of the loan sum), file the BNDS return within 30 days of execution and pay within 30 days of filing. The transfer (MOT) is not – it is Phase 2, from 1 January 2027, so a 2026 transfer is still assessed by the Collector, with JPPH valuing where market value is in issue. The 2026 penalty concession is Phase 1 only and is measured by the date the stamping application is submitted, so it never reaches an MOT.
Key numbers at a glance
| Phase 1 (1 Jan 2026) | Lease/tenancy, security (incl. loan agreements), general stamping |
|---|---|
| Phase 2 (1 Jan 2027) | Transfer of real property, but only "not involving JPPH valuation" |
| Phase 3 (1 Jan 2028) | Instruments other than the Phase 1 and Phase 2 categories |
| Two 30-day clocks | BNDS: 30 days from execution; payment: 30 days from filing |
| Loan agreement duty | 0.5% of the loan sum (RM450,000 borrowed = RM2,250) |
| 2026 concession | Phase 1 only; by date of submission, to 31 Dec 2026; excludes late stamping |
| Who is liable (transfer) | Third Schedule Item 7 from 1 Jan 2026: the grantee or transferee, i.e. the buyer |
| Additional assessment and records | Up to 5 years from payment; keep instrument and records 7 years |
Key points in 30 seconds
- One dividing line: the loan agreement has been self-assessed since 1 January 2026 (the Phase 1 “security” category), while the transfer (MOT) only enters Phase 2 on 1 January 2027. A 2026 MOT is still assessed by the Collector, with JPPH valuing where market value is in issue. Source: LHDN’s STSDS page, last updated 28 August 2026.
- Self-assessment runs on two separate 30-day clocks: the BNDS return is due within 30 days of execution, and the duty within 30 days of the date the return was submitted. The duty is treated as assessed by the Collector on the date of submission, so no notice of assessment arrives. Source: LHDN Stamp Duty FAQ, updated 31 December 2025.
- The 2026 first-year penalty concession covers Phase 1 instruments only, and its window is measured by the date the stamping application is submitted (1 January to 31 December 2026), not the date of execution – so it can never reach an MOT. Source: LHDN media release HASiL/2025/12/21 – 95, 21 December 2025.
- From 1 January 2026, Third Schedule Item 7 puts the duty on a transfer expressly on “the grantee or transferee” – the buyer – replacing the former equal-sharing wording (Rahmat Lim and Partners’ reading of the Finance Act 2025 / MCAET Act 2025 package). No amendment moves liability to a solicitor.
- A 2027 buyer declares market value themselves, and LHDN has published no Phase 2 valuation guidance as at 2 October 2026. The Collector may raise an additional assessment within 5 years of the date the duty was paid (unlimited in cases of fraud, wilful default or negligence).
- Keep two kinds of penalty apart: late stamping is the section 47A charge of RM50 or 10% (within 3 months) or RM100 or 20% thereafter, whichever is greater, while failing to file or filing an incorrect return are offences under sections 72C and 72D with four- and five-figure bands.
In 2026 your loan agreement is self-assessed and your MOT is not
This is the point most easily got wrong in 2026, and the one almost nobody spells out. Stamp duty self-assessment did not arrive all at once. LHDN’s STSDS page sets out three phases: Phase 1, 1 January 2026 – lease/tenancy, security, and general stamping; Phase 2, 1 January 2027 – transfer of real property, with LHDN’s own parenthesis, “not involving JPPH valuation”; Phase 3, 1 January 2028 – instruments other than the categories in Phases 1 and 2. That page was last updated 28 August 2026.
Map those phases onto an ordinary buyer’s file and the conclusion is blunt: the two main instruments in one transaction run on two different regimes in 2026.
| Instrument | 2026 (now) | From 1 January 2027 |
|---|---|---|
| Loan or facility agreement and charge (a security instrument) | Self-assessed – Phase 1, since 1 January 2026. You or your solicitor compute the duty (0.5% of the loan sum), file the BNDS within 30 days of execution and pay within 30 days of filing. No notice of assessment is issued | Unchanged – still self-assessed |
| Transfer, MOT (Form 14A) | Not self-assessed. Still assessed by the Collector of Stamp Duties; where market value is in issue the file goes to JPPH for valuation and you pay on that assessment | Enters Phase 2 self-assessment – but on LHDN’s wording, only transfers “not involving JPPH valuation” |
| A transfer that needs a JPPH valuation (below market value, between family members, love and affection) | Assessed by the Collector | Excluded from Phase 2. On LHDN’s categories it falls into the residual Phase 3 group, 1 January 2028 |
| Tenancy agreement | Phase 1 – already self-assessed | Unchanged |
Two honest caveats. First, LHDN’s page names a category (“security”), not the instrument. Treating a loan or facility agreement as a security instrument is reasoning from its nature – the firm Nik Saghir and Ismail puts it the same way, that loan securities moved to self-assessment “since 1 January 2026”. Ask your solicitor to confirm the instrument type in the BNDS drop-down on e-Duti Setem when they file. Second, a sale and purchase agreement, stamped at the fixed RM10, is not a transfer and would ordinarily sit in “general stamping”, hence Phase 1 – but that too is reasoning from LHDN’s categories. LHDN does not address the SPA expressly.
One more thing changed that is not self-assessment: the old STAMPS portal closed completely on 31 December 2025. LHDN’s e-Buletin HASiL Edisi 1/2026 says it in terms – “Sistem STAMPS ditamatkan sepenuhnya pada 31 Disember 2025” – and everything now goes through the e-Duti Setem module inside MyTax, which opened for early access on 15 December 2025 (KPMG, December 2025). So a 2026 MOT is still assessed by the Collector, but it is submitted through a different channel.
How self-assessment works on the loan agreement: two 30-day clocks and the stamp certificate
LHDN’s STSDS page lists the steps: have a Tax Identification Number (TIN), log in to MyTax, upload the instrument, complete the STSDS form, self-assess the duty, pay within the stipulated period, and keep the instrument and the records for 7 years from the date the duty was paid. Crowe puts the shift most plainly: the taxpayer must independently determine the correct amount of duty and pay it, without relying on or waiting for any notification, verification or assessment from LHDN.
Two 30-day clocks: file the return first, then pay the duty
- Step 1: execute the loan or facility agreementDuty is 0.5% of the loan sum. A first-time buyer (Malaysian citizen, first residential home, up to RM500,000) can be exempt – but an exemption brings an extra step, see the note below.
- Step 2: file the BNDS within 30 days of executionThe stamp duty return is due within 30 days of the date the instrument is signed, or 30 days after it is first received in Malaysia if executed abroad. LHDN’s FAQ is explicit that the duty is treated as having been assessed by the Collector on the date the BNDS is submitted – there is no notice of assessment to wait for.
- Step 3: pay within 30 days of submitting the returnPayment runs on a second clock, 30 days from the date the BNDS was submitted, not from the date of execution. Source: LHDN Stamp Duty FAQ (updated 31 December 2025) and the SPK 2025 Q&A.
- Step 4: download and save the stamp certificateLHDN’s FAQ states that the stamp certificate can only be printed once through the e-Stamp Duty portal, but that a copy saved as a PDF can be printed again at any time. So save the PDF at the moment of payment, and keep a backup.
- Step 5: keep everything for 7 yearsKeep the instrument and the basis of your computation for 7 years from the date the duty was paid. This is not a formality: the other side of self-assessment is audit after the fact.
| Event | Date | Amount |
|---|---|---|
| Loan agreement executed | 15 March 2026 | Loan sum RM450,000 |
| Last day to file the BNDS (30 days from execution) | 14 April 2026 | Duty at 0.5% = RM2,250 |
| Return actually filed, say | 10 April 2026 | Deemed assessed that day |
| Last day to pay the duty (30 days from filing) | 10 May 2026 | RM2,250 |
One source conflict, printed both ways as this site does. Rahmat Lim and Partners, reading the Finance Bill 2025, state that under the deemed-assessment route the duty is payable on the day the return is filed. LHDN’s operational position, in its FAQ and in the SPK 2025 Q&A, is 30 days from the date the BNDS was submitted. This page publishes LHDN’s figure and notes the firm’s stricter reading, since paying earlier is never a breach.
Duty on a RM450,000 loan is RM2,250. Stamp it late but within three months and the penalty is RM225 (10% beats RM50); after three months, RM450 (20%). That part is survivable. The real exposure is behind it: failing to file the return is a section 72C offence (fine up to RM10,000, or RM200 to RM2,000 in lieu of prosecution), an incorrect return is section 72D (RM1,000 to RM10,000 plus a special penalty equal to the duty underpaid), and the Collector can raise an additional assessment within 5 years of the date you paid. Without the documents, you simply pay LHDN’s figure.
Ask Louis directly
Send me your letter of offer and the solicitor's cost list, and I'll check the loan stamp duty line and work out which dates your two 30-day deadlines actually fall on.
Tell me the purchase price and the loan amount and I'll put together a free breakdown of the stamp duty and upfront costs for that deal, with the filing and payment deadline against each item.
The 2026 first-year penalty concession is Phase 1 only – and it never reaches an MOT
On 21 December 2025 LHDN issued a media release, ref HASiL/2025/12/21 – 95, giving a transitional penalty concession for the first year of self-assessment. Two details decide whether a buyer can use it, and they are the two details usually left out.
| Item | Position |
|---|---|
| What is waived | (a) submission of an incorrect BNDS; (b) inaccurate or incomplete information affecting the duty chargeable; and (c) offences under subsection 72D(2) of the Stamp Act 1949 detected on audit |
| Which instruments | STSDS Phase 1 only – lease/tenancy, security and general stamping. A loan agreement is covered. An MOT is not |
| How the window is measured | The release’s words are that it applies to “permohonan penyeteman yang dikemukakan mulai 01.01.2026 hingga 31.12.2026” – stamping applications submitted from 1 January to 31 December 2026. It is a filing window, not an execution window. End date: 31 December 2026 |
| What it does not cover | Late stamping, failure to stamp and late payment (the section 47A penalty keeps running), fraud, and anything in Phase 2 or Phase 3. Donovan and Ho reach the same conclusion: the announcement does not expressly extend the waiver to late stamping or non-stamping |
| Legal form | Per LHDN’s SPK 2025 Q&A, the vehicle is a remission order under section 72D for the period 1 January to 31 December 2026 |
Put those two details together and the consequence for a buyer is direct: this concession will never apply to your MOT. A transfer executed in 2026 is not a self-assessed instrument, so there is no “incorrect return” to forgive; a transfer executed in 2027 is self-assessed, but the concession closed on 31 December 2026. LHDN has not said whether a first-year concession will be given for Phase 2 – nothing was found on hasil.gov.my either way as at 2 October 2026.
A second 2026 relief is constantly confused with this one. PKPS 2026, the stamp duty voluntary disclosure programme, gives a full remission of the section 47A late-stamping penalty on instruments executed 1 January 2023 to 31 December 2025 that were never stamped or on which duty was never paid, on application to 31 December 2026. The two do not overlap: the concession above forgives errors in 2026 filings, while PKPS forgives old instruments never stamped. The fuller treatment, including the date conflict between LHDN’s guideline and two advisory firms, is in renting out property: tenancy stamp duty and rental income tax.
Who is liable for the duty? From 1 January 2026 the transferee pays on a transfer
Start with the statutory position, because that is the part that is actually law. Liability for stamp duty is fixed by the Third Schedule of the Stamp Act 1949. After the Finance Act 2025 / Measures for the Collection, Administration and Enforcement of Tax Act 2025 package, Third Schedule Item 7 puts the duty on a transfer expressly on “the grantee or transferee” – the buyer – replacing the former equal-sharing wording, with effect from 1 January 2026. That reading comes from Rahmat Lim and Partners; we were not able to read the consolidated amended text of the Act, for the reason set out under the open questions below.
No amendment moves liability for the duty to a solicitor. A solicitor who files for you is an appointed agent under LHDN’s agent model – the SPK 2025 Q&A confirms it follows the TAeF approach, that one individual may be appointed by more than one company, and that an authorised director may file directly – and agency does not shift the tax. In a reader’s words: your lawyer does the work, you owe the money. If the duty is short, LHDN assesses you, not the firm.
What the conveyancer is actually doing (practice, not law)
- Working out the duty and giving you a written computation rather than a rough estimate;
- Filing the BNDS through e-Duti Setem on your behalf;
- Keeping the stamped instrument and the records for seven years;
- The step easiest to miss: checking first whether the instrument needs a JPPH valuation, because that determines which phase it is in, and therefore whether it is self-assessed at all.
Those four come from Nik Saghir and Ismail’s description of practice. The honest statement of the position is this: the division of responsibility between client and solicitor is contractual and professional, not statutory. We found no LHDN document and no Bar Council circular assigning any statutory responsibility to solicitors under STSDS. The Bar Council’s only STSDS output we could find is Circular No 301/2025 of 21 August 2025, which simply invited members’ feedback on the new self-assessment systems by 29 August 2025 and contains no guidance. So how the duty gets computed, by whom, and what happens if it is wrong, is a matter for your engagement terms with the firm.
From 1 January 2027 (Phase 2): declaring market value yourself
Duty on a transfer is charged on the purchase price or the value of the property, whichever is higher (Item 32(a), First Schedule, Stamp Act 1949; the Collector’s determination of market value runs through section 3A(4)). Today, and throughout 2026, that value is obtained up front by the Collector through JPPH and the buyer pays on that figure. From 1 January 2027, for transfers not involving a JPPH valuation, the taxpayer declares the value. Nik Saghir and Ismail put the consequence bluntly: if LHDN later disagrees with the declared price, you are the one who has to justify it, rather than relying on a government valuation obtained up front.
And a JPPH report would not be a shield in any case. In Lagenda Mersing Sdn Bhd v Pemungut Duti Setem (High Court, Civil Suit No. AA-24NCvC-23-01/2024, decided 30 January 2026) the court held that the Collector is not bound by a JPPH valuation and must weigh all relevant evidence – the purchase price, independent valuations, comparables and market conditions – against the hypothetical willing buyer and willing seller at the date of transfer. The case cuts both ways: a taxpayer can displace an inflated JPPH number, and the Collector can depart from a low one. (Reported by the firm that acted in the case; we did not read the judgment itself.)
If LHDN disagrees with your declared value, the cost stacks
- The duty shortfall itself;
- An additional assessment within 5 years of the date the duty was paid, under section 36CA – and at any time, without limit, where there has been fraud, wilful default or negligence (commencement 1 January 2026, per Moore’s reading of the Finance Act 2024);
- The section 47A penalty on the deficient duty: RM50 or 10% within three months, RM100 or 20% thereafter, whichever is greater;
- Outside the 2026 concession window, exposure under section 72D (incorrect return) and section 61 (failure to disclose all facts to the Collector), the latter now pitched at RM2,500 to RM50,000 on Rahmat Lim’s reading.
Self-assessment also does not mean no audit. The Stamp Duty Audit Framework has been in force since 1 January 2025, and its scope, per Crowe and KPMG, is the instruments of the preceding three calendar years (except in fraud cases), now expressly including employment contracts and intercompany arrangements. On audit you must produce the instrument and the records – which is exactly what the 7-year retention rule is for.
- An arm’s-length sale at a real market price: keep the SPA, the agent’s marketing evidence, and comparable transactions in the same block or area.
- Anything not arm’s length (between family members, for love and affection, below market value): get a professional valuation before filing, and expect the instrument to need a JPPH valuation – which takes it out of Phase 2 altogether.
- A first-home or any other exemption: expect LHDN to review it, and file for endorsement even though the duty is nil.
- Every file: save the stamp certificate PDF and the written computation, and keep both for seven years.
Want to see what you can actually buy?
The rules are above; these are the actual homes. Each page lists the projects I am tracking, with published price ranges and the date each figure was checked. Tell me the area on WhatsApp and I will send the current list.
What the penalties look like once the concession ends
Keep two classes apart, or the figures come out wrong. The first is the civil late-stamping penalty, charged on the deficient duty. The second is the set of offence provisions that came with self-assessment, with four- and five-figure floors.
| Provision | Situation | Amount |
|---|---|---|
| Section 47A | Late stamping (two-tier structure since 1 January 2025) | Within 3 months: RM50 or 10% of the deficient duty, whichever is greater. Thereafter: RM100 or 20%, whichever is greater. The SPK 2025 Q&A adds that the penalty is imposed once only for a delay, and the Collector keeps a discretion to reduce or remit under s.47A(2) |
| Section 72C | Failing, without reasonable excuse, to file the stamp duty return electronically with the instrument; also covers ignoring the Collector’s notice to produce documents and obstructing access | Fine up to RM10,000 on conviction, or, in lieu of prosecution, a penalty of RM200 to RM2,000 |
| Section 72D | Incorrect return or incorrect disclosure | Fine RM1,000 to RM10,000, plus a special penalty equal to the duty underpaid (several sources put this at 100% of the shortfall). Subsection 72D(2) is the limb the 2026 concession suspends |
| Section 61 | Failure to disclose all facts to the Collector – this is the one that reaches an ordinary buyer or landlord | RM2,500 to RM50,000 from 1 January 2026 (previously a maximum of RM2,500) |
| Section 63 | Executing an unstamped instrument | RM1,000 to RM10,000 from 1 January 2026 (previously a maximum of RM1,500) |
| Section 72A | Fraudulent manipulation of stamps | RM2,500 to RM50,000 from 1 January 2026 (previously a maximum of RM1,500) |
Sourcing, stated plainly. The two-tier section 47A penalty comes from LHDN’s own documents – the Stamp Duty FAQ, the e-Duti Setem FAQ and the section 47A operational guideline. The figures for sections 72C and 72D, and the bands for sections 61, 63 and 72A from 1 January 2026, come from four independent firms reading the same amendments – RDS Law Partners, Rahmat Lim and Partners, Crowe and KPMG – and they agree. But we were not able to read the amended sections in the Act itself, so those section numbers and amounts are second-hand.
Two further figures rest on a single firm, and this site names it rather than presenting them as settled: stamp certificate offences at RM2,500 to RM50,000, per Crowe; and late compound duty at RM500 or 20% of the amount due, whichever is higher, per Crowe – the latter is irrelevant to a one-off conveyance and relevant to a landlord on a periodic compounding arrangement. Crowe also records a band of RM2,500 to RM50,000 under section 72D where incorrect information is given with intent to evade duty, again on that single source.
What LHDN has not published about stamp duty self-assessment, as at 2 October 2026
This site’s rule is that where a figure is not published, it does not go on the page as if it were. These gaps bear directly on anyone buying in 2026 or 2027, and none of them has an official answer yet.
- There is no Phase 2 valuation guidance. From 2027 the taxpayer declares market value, but how to declare it and what evidence LHDN will expect is not published on hasil.gov.my. This is the single biggest unknown for a 2027 buyer.
- LHDN has not said whether Phase 2 gets a first-year concession. The 2026 concession is expressly Phase 1 only.
- LHDN publishes no payment deadline for the adjudication route. The Collector keeps a discretion to send an instrument down the adjudication route under section 36(1)(b). Rahmat Lim and Partners’ two articles give different readings of the deadline after a notice of assessment – one says 14 days, the other 30 days. Neither is LHDN’s published figure, so both are printed here and this page does not pick one.
- The consolidated amended text of the Stamp Act 1949 could not be read. The AGC’s law repository (lom.agc.gov.my) would not open when this was checked – robots.txt returned HTTP 500 – and the LHDN-hosted reprint of Act 378 is the 1 January 2024 version, which predates the self-assessment sections. That is why every new offence provision and fine range on this page is second-hand, as flagged above.
- No LHDN document assigns any responsibility to solicitors under STSDS. The agent model exists (SPK 2025 Q&A), but the liability stays with the duty payer, and the Bar Council’s only output found on the topic is the feedback-invitation Circular No 301/2025 of 21 August 2025.
Stamp duty checklist for a 2026 purchase
- Make sure you have a TIN and can log in to MyTax; register through e-Daftar if you do not.
- Confirm with your solicitor that the loan agreement is handled as a self-assessed Phase 1 instrument and that the MOT in 2026 is still assessed by the Collector.
- Get the duty computation in writing, not as a verbal estimate. The loan agreement is 0.5% of the loan sum.
- Hold both 30-day clocks in mind: BNDS within 30 days of execution, payment within 30 days of filing.
- Save the stamp certificate as a PDF on the day you pay, and back it up – the portal only prints it once.
- First-home or any other exemption: expect a review, and file for endorsement even where the duty is nil.
- Keep the instrument, the computation and your valuation evidence for seven years from the date the duty was paid.
- Holding an unstamped 2023-2025 instrument, a tenancy included? Regularise it under PKPS 2026 before 31 December 2026 and the section 47A penalty is remitted in full.
- Transfer likely to be executed in 2027 at a price that is not an ordinary market price: arrange a professional valuation early and have your solicitor confirm the procedure with LHDN in writing.
The honest summary is that self-assessment removed the old comfort of paying whatever LHDN assessed and treating the matter as closed. The figure is yours now, and so are the records. If you want me to go through the documents for this step with you, message me.
Related questions
Is the STAMPS portal still in use, and where is stamping done now?
No. LHDN’s e-Buletin HASiL Edisi 1/2026 states that “Sistem STAMPS ditamatkan sepenuhnya pada 31 Disember 2025” – STAMPS closed completely on 31 December 2025. All stamping now goes through the e-Duti Setem module inside MyTax, which opened for early access on 15 December 2025 (KPMG, December 2025). Note what did not change: a 2026 MOT is still assessed by the Collector. Only the channel moved, not the regime.
Does an exempt instrument still have to be filed?
Yes. LHDN’s SPK 2025 Q&A states that every assessment involving a duty exemption or remission will be reviewed by LHDN, and KPMG adds that an exempt instrument must still be submitted for endorsement even though no duty is payable. So a first-home exemption is not a filing you can skip – it is a filing that attracts an extra review. In practice, assemble the supporting documents as carefully as if duty were payable. For the conditions, see first-time homebuyer incentives.
Can the stamp certificate be reprinted if I lose it?
Per LHDN’s FAQ, the stamp certificate can only be printed once through the e-Stamp Duty portal – but a copy you saved as a PDF can be printed again at any time. So download the PDF at the moment of payment and keep a backup in two places. The certificate is your evidence that the instrument has been duly stamped, and you may need it years later on a dispute, a sale or a refinancing, so do not rely on a single paper copy.
Will a transfer between family members be self-assessed from 2027?
Probably not. LHDN’s Phase 2 wording covers transfers of real property “not involving JPPH valuation”. A transfer between family members, for love and affection, or at a price clearly below market, normally does need a JPPH valuation, so on LHDN’s categories it falls into the residual Phase 3 group from 1 January 2028 and stays with the Collector. The practical step is to get a professional valuation before filing. See transferring property between family members.
Frequently asked questions
When does stamp duty self-assessment start in Malaysia?
In three phases. Phase 1 from 1 January 2026: lease and tenancy, security, and general stamping. Phase 2 from 1 January 2027: transfer of real property, which on LHDN’s wording means transfers “not involving JPPH valuation”. Phase 3 from 1 January 2028: the remaining instrument categories. The source is LHDN’s STSDS page, last updated 28 August 2026. Separately, the old STAMPS portal closed completely on 31 December 2025 and all stamping now goes through the e-Duti Setem module in MyTax.
Do I have to compute the MOT stamp duty myself if I buy in 2026?
No. The transfer is Phase 2 and only enters self-assessment on 1 January 2027. An MOT executed in 2026 is still assessed by the Collector of Stamp Duties, and where market value is in issue the file goes to JPPH for valuation, with you paying on that assessment. The loan agreement in the same transaction is different: it is a Phase 1 security instrument, self-assessed since 1 January 2026, so you or your solicitor compute the duty, file the BNDS and pay without any notice of assessment.
How long do I have to file the BNDS and pay the stamp duty?
Two separate 30-day clocks, not one. The stamp duty return (BNDS) must be submitted within 30 days of the date the instrument is signed, or 30 days from first receipt in Malaysia if executed abroad. The duty is then payable within 30 days of the date the return was submitted. On submission the duty is treated as assessed by the Collector, so no notice of assessment is issued. Source: LHDN’s Stamp Duty FAQ, updated 31 December 2025. Note one conflict: Rahmat Lim and Partners read the amendments as making the duty payable on the day of filing, which is stricter than LHDN’s published position. This page follows LHDN, and paying earlier is never a breach.
Can a buyer use the 2026 stamp duty penalty concession?
On the loan agreement, yes. On the MOT, no. The concession covers Phase 1 instruments only and waives three things: an incorrect BNDS, inaccurate or incomplete information affecting the duty chargeable, and offences under subsection 72D(2) detected on audit. Its window is measured by the date the stamping application is submitted – 1 January to 31 December 2026 – not the date of execution, and it does not cover late stamping, failure to stamp or late payment. Source: LHDN media release HASiL/2025/12/21 – 95, 21 December 2025. LHDN has not said whether Phase 2 will get a similar concession.
Who pays the stamp duty on a transfer, the buyer or the seller?
From 1 January 2026, Third Schedule Item 7 of the Stamp Act 1949 puts the duty on a transfer expressly on “the grantee or transferee” – the buyer – replacing the former wording that split it between the parties. That reading comes from Rahmat Lim and Partners’ analysis of the Finance Act 2025 package; we were not able to read the consolidated amended text of the Act, because the AGC repository would not open when this was checked, so the provision number is second-hand. In practice buyers were already paying it; the change makes the position explicit.
Is my lawyer responsible if the stamp duty is computed wrongly?
The liability for the duty stays with the taxpayer. A solicitor who files is an appointed agent under LHDN’s agent model, and agency does not shift the tax – if the duty is short, LHDN assesses you, not the firm. We found no LHDN document and no Bar Council circular assigning any statutory responsibility to solicitors under STSDS; the Bar Council’s only output found is Circular No 301/2025 of 21 August 2025, which invited feedback and gives no guidance. So the division of responsibility is contractual and professional: ask for the computation in writing, get the stamp certificate PDF, and keep the records for seven years.
What is the risk of declaring market value myself from 2027?
Duty is charged on the price or the value of the property, whichever is higher. From 2027, for transfers not involving a JPPH valuation, you declare the value, and if LHDN disagrees you have to justify it. The exposure stacks: the duty shortfall; an additional assessment within 5 years of payment under section 36CA, with no time limit where there is fraud, wilful default or negligence; the section 47A penalty on the shortfall; and, outside the concession window, sections 72D and 61. LHDN has published no Phase 2 valuation guidance as at 2 October 2026. For an ordinary market sale, keep the SPA and comparable transactions; for anything not arm’s length, get a professional valuation before filing.
Sources & verification
- LHDN – Stamp Duty Self-Assessment System (STSDS), page updated 28 August 2026
- LHDN – Stamp Duty FAQ (updated 31 December 2025)
- LHDN – FAQ on stamping applications through e-Duti Setem
- LHDN – media release, Konsesi Khas Remisi Penalti Duti Setem, ref HASiL/2025/12/21 – 95, 21 December 2025
- LHDN – Kompilasi Soalan dan Jawapan SPK 2025, Siri 1, 14 October 2025 (digital transformation, RPGT and stamp duty self-assessment)
- LHDN – e-Buletin HASiL Edisi 1/2026
- LHDN – Garis Panduan Pengenaan Duti Setem, First Schedule, Stamp Act 1949 (LHDN.AG.600-1/10/3, 30 June 2026)
- LHDN – operational guideline on special treatment of the section 47A penalty under PKPS 2026 (LHDN.BA.B.600-12/23/2, updated 29 June 2026)
- LHDN MyTax portal (home of the e-Duti Setem module)
- Stamp Act 1949 [Act 378], LHDN-hosted reprint as at 1 January 2024
- Malaysian Bar Circular No 466/2025 (relaying LHDN's 21 December 2025 announcement)
- Donovan & Ho – Special penalty waiver for stamping of Phase 1 instruments in 2026
- Rahmat Lim and Partners – Proposed amendments to the Stamp Act 1949 (Third Schedule Item 7 and the raised penalty bands)
- Rahmat Lim and Partners – Stamp Act 1949 amendments gazetted: laying groundwork for self-assessment
- Rahmat Lim and Partners – High Court confirms Collector of Stamp Duties not bound by JPPH valuation (Lagenda Mersing)
- Nik Saghir and Ismail – Navigating SDSAS: what buyers and sellers should know about stamp duty
- Crowe Malaysia – Redefining compliance: stamp duty under Malaysia's self-assessment regime
- KPMG Malaysia – Stamp duty in Malaysia: are you ready for the self-assessment era? (December 2025)
- KPMG Malaysia – Changes in stamp duty administration and the Stamp Duty Audit Framework
- RDS Law Partners – Key stamp duty changes in Malaysia from 1 January 2026
- Moore Malaysia – Finance Act 2024 summary (section 36CA in operation 1 January 2026)
Verified: 2026-09-20. This guide is general information, not legal, tax or financial advice. Rules and rates change — confirm in writing with your lawyer, bank or the relevant authority before you sign.
More in this stage
Louis Koh
11 years in Malaysian property · Johor Bahru & Kuala Lumpur · English & 中文
I help local buyers and cross-border buyers from Singapore with new and subsale property. Every figure in these guides is sourced; when a rule changes, I update the page and date it.
Stuck on this step? Ask me directly
Send me your situation — new or subsale, budget, state, and where you are in the process — and I will tell you what to do next and what to watch for.
Tell me the purchase price and the loan amount and I'll put together a free breakdown of the stamp duty and upfront costs for that deal, with the filing and payment deadline against each item.
Louis Koh · 11 years in Malaysian property · +60 10-906 6685 · replies 9am–10pm MYT