# Malaysia Stamp Duty Rates — First Schedule Reference

> A reference table of stamp duty rates by First Schedule item — property and share transfers, loans and charges, leases, and the fixed RM10 instruments.

- Category: taxation
- Language: en
- Status: published
- Updated: 2026-07-20
- Canonical: https://negaraku.md/en/taxation/stamp-duty-rates

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Stamp duty is charged on **instruments, not transactions**. The same commercial
deal can carry no duty, RM10 or six figures depending on what was signed and
which First Schedule item it falls under. Getting the item right is the whole
exercise — and under self-assessment it is now the taxpayer's job rather than
the Collector's.

## Ad valorem instruments

| Item | Instrument | Duty |
| --- | --- | --- |
| **32(a)** | Transfer or sale of property, other than stock, shares, marketable securities and certain book debts | On consideration or market value, whichever is greater: **RM1 per RM100** on the first RM100,000; **RM2 per RM100** above RM100,000 to RM500,000; **RM3 per RM100** above RM500,000 to RM1,000,000; **RM4 per RM100** above RM1,000,000 |
| **32(aa)** | Transfer of **non-residential** property **to a foreign company, or a person who is not a citizen and not a permanent resident** | **RM4 per RM100** flat, on consideration or market value, whichever is greater |
| **32(ab)** | Sale of **residential property** from 1 January 2026 **to a foreign company, or a person who is not a citizen and not a permanent resident** | **RM8 per RM100** — **8%** — on consideration or market value, whichever is greater |
| **32(b)** | Transfer of stock, shares or marketable securities | **RM3 per RM1,000** or fractional part, on the price or value on the date of transfer, whichever is greater — **0.3%** |
| **32(c)** | Absolute sale of accounts receivable or book debts to a licensed bank, merchant bank or finance company under a factoring agreement | **RM10** |
| **27(a)(iii)** | Charge or mortgage being the principal security for the repayment of money, general case | **RM5 per RM1,000** or part — **0.5%** |
| **27(a)(i)** | The same, where the loan or Syariah financing is to a **small and medium enterprise** | **RM0.50 per RM1,000** on the first RM250,000 of aggregate loans in a calendar year; **RM2.50 per RM1,000** for each additional amount up to RM1,000,000; **RM5** for each additional RM1,000 thereafter |
| **27(a)(ii)** | Foreign currency loan, or Syariah financing in a currency other than ringgit | **RM5 per RM1,000** or part |
| **27(b)** | Collateral, auxiliary, additional or substituted security where the principal security is duly stamped | **One-fifth** of the duty on the principal security, **capped at RM10** |
| **27(c)** | Equitable mortgage | **One-half** of the duty on a charge |
| **22(1)(a)** | Bond, covenant, loan, services or equipment lease agreement securing a sum for a definite period | The same ad valorem duty as a **charge or mortgage** for that total amount |
| **49A** | Lease or agreement for lease under Al-Ijarah principles for financing or securing repayment | The same ad valorem duty as a **charge or mortgage** for the total amount |
| **71** | Share warrant or stock certificate to bearer | **RM1 for every RM100** |

## Leases and tenancies — item 49

Item 49(a) applies where there is no fine or premium. The duty depends on the
**average annual rent and other consideration** and on the **term**.

**This subitem was wholly substituted by the Finance Act 2024 (Act 862) with
effect from 1 January 2025.** The current scale, charged **for every RM250 or
part thereof** of the annual rent, is:

| Term of lease | Duty per RM250 or part |
| --- | --- |
| Not exceeding one year | **RM1.00** |
| Exceeding one year but not exceeding three years | **RM3.00** |
| Exceeding three years but not exceeding five years | **RM5.00** |
| Exceeding five years, or for any indefinite period | **RM7.00** |

Two changes here catch almost everyone:

- **The RM2,400 nil band is gone.** The substituted subitem contains no
  exemption threshold, so duty runs from the first ringgit of rent. Guidance
  still printing "no duty if annual rent is RM2,400 or less" is describing
  repealed law.
- **The upper rates rose and a band was added.** The old scale ran RM1 / RM2 /
  RM4 across three bands; the current one runs RM1 / RM3 / RM5 / RM7 across four.

Other limbs of item 49:

- **49(b)** — in consideration of a fine or premium without rent: the same duty
  as a **conveyance** for that consideration.
- **49(c)** — fine or premium **and** rent: conveyance duty on the fine or
  premium, **plus** lease duty on the rent.
- **49(d)** — where a percentage or proportion of the produce of the land is
  reserved: **RM10**, in addition to any duty under (a), (b) or (c).
- **49(e)** — granted in pursuance of a duly stamped agreement, on production of
  that agreement: **RM10**.
- **49(f)** — any other case: **RM10**.

**Exemption:** an agricultural lease for a definite term not exceeding three
years where the rent reserved does not exceed **RM200 a year**.

## Fixed-duty instruments

| Item | Instrument | Duty |
| --- | --- | --- |
| **4** | Agreement or memorandum of agreement made under hand only, not otherwise specially charged | **RM10** |
| **6** | Appointment of a receiver under a mortgage | **RM10** |
| **7** | Appointment of a new trustee | **RM10** |
| **22(3)** | Grant or contract for a superannuation annuity | **RM10** |
| **22(4)** | Security for money for pursuing higher education or a course of study | **RM10** |
| **23** | Bond, charge, mortgage or other instrument (indemnity bond) | **RM10** |
| **24** | Bond on obtaining letters of administration | **RM10** |
| **25** | Bond of any kind not specifically charged | **RM10** |
| **29** | Cheque, unless compounded for | **RM1.00** — raised from 15 sen by Act 862 from 1 January 2025 |
| **29A** | **Constitution of a company** | **RM200** |
| **34(a)** | Counterpart or duplicate, where the original's duty does not exceed RM10 | **The same duty as the original** |
| **34(b)** | Counterpart or duplicate, in any other case | **RM10** |
| **35** | Separate deed of covenant not chargeable ad valorem | **RM10** |
| **37** | Declaration of any use or trust | **RM10** |
| **38** | Deed of any kind not otherwise described | **RM10** |
| **50** | Letter of guarantee | **RM10** |
| **50A** | Letter of hypothecation | **RM10** |
| **51** | Letter of allotment and letter of renunciation | **RM10** |
| **59(a)** | Power or letter of attorney being a conveyance of real property in consideration of, and creating by way of, sale or gift | **The same duty as a conveyance on sale** |
| **59(b)** | Power or letter of attorney, any other case | **RM10** |
| **61** | Protest of note | **RM10** |
| **68** | Revocation of any use or trust | **RM10** |
| **78** | Trust receipt | **RM10** |

## Exemptions built into item 4

Item 4 is the catch-all agreement item, and its own exemption list matters more
than its RM10 rate. The instrument is **not** chargeable where it is an
agreement or memorandum:

- for or relating to the **sale of goods, wares or merchandise**, other than a
  hire-purchase agreement;
- for **service or personal employment where the wages do not exceed RM3,000 per
  month**, and any agreement between the master and mariners of a vessel for
  wages — the threshold was **raised from RM300 to RM3,000 by the Finance Act
  2025 (Act 874) with effect from 1 January 2026**;
- the matter whereof is **of a value of less than RM300**;
- for the **reference of any matter to arbitration**;
- for the payment of **interest on money deposited** in any bank;
- for the **repurchase of a negotiable certificate of deposit** whose issue was
  authorised by Bank Negara Malaysia.

That change matters far beyond item 4's RM10 rate. Until the end of 2025 the
RM300 threshold was low enough that effectively every employment contract was
dutiable. From 1 January 2026, a contract paying **RM3,000 a month or less is
exempt**, which takes a large share of the Malaysian workforce out of the charge
entirely.

## The minimum duty rule

Section 36CB, inserted by Act 862 with effect from **1 January 2025**, provides
that where the duty on an instrument would be **less than RM10, a duty of RM10 is
imposed instead** — except for cheques and contract notes. Small ad valorem
computations therefore round up to RM10 rather than producing a few ringgit.

## Where to find exemptions and relief

Three separate mechanisms, and they are not interchangeable:

- **General exemptions under s.35**, listed in the First Schedule under the
  heading *General Exemptions*.
- **Specific exemptions** attached to individual items — notably items 2, 4, 23,
  24, 32, 49 and 58.
- **Ministerial exemption or remission under s.80**, granted by the Minister of
  Finance and published as a P.U.(A) order. When claiming one, you must cite the
  gazette reference or produce the Ministry's exemption letter.

Separately, **relief under s.15 and s.15A** covers company reconstruction and
amalgamation, and transfers of property between associated companies.
Applications go to the relevant State Director's Office, not through the
ordinary stamping channel.

## Common mistakes

- **Charging duty on the transaction.** Duty attaches to each instrument, so a
  deal documented in three signed agreements can attract duty three times.
- **Missing items 32(aa) and 32(ab).** A foreign or non-citizen transferee pays
  a flat 4% on non-residential property, and 8% on residential property from
  1 January 2026 — not the 1% starting band.
- **Applying a cap to share transfers.** Item 32(b) carries no monetary ceiling —
  it is 0.3% on the full price or value. The RM1,000 cap people remember belongs
  to contract notes under item 31.
- **Forgetting the counterpart.** Duplicates attract RM10 under item 34(b).
- **Quoting the RM2,400 tenancy exemption.** It was abolished on 1 January 2025.
- **Quoting the old RM1 / RM2 / RM4 lease scale.** It is now RM1 / RM3 / RM5 / RM7
  across four bands.
- **Overlooking the company constitution.** Item 29A charges RM200.

## What's next

Identify the First Schedule item before computing anything — item selection is
where self-assessment errors originate, and the rate follows mechanically once
the item is settled. Then check whether a s.80 order or s.15 relief applies,
because those are claimed rather than applied automatically.

## Sources

- Stamp Act 1949 (Act 378), First Schedule, text as at 1 January 2024 — https://lom.agc.gov.my/act-detail.php?act=378 (Attorney General's Chambers)
- Finance Act 2024 (Act 862) — Chapter IV, amendments to the Stamp Act 1949 — https://lom.agc.gov.my/ilims/upload/portal/akta/outputaktap/2592589_BI/Act%20862%20-FINANCE%20ACT%202024.pdf (Attorney General's Chambers)
- Finance Act 2025 (Act 874) — amendments to the Stamp Act 1949 — https://lom.agc.gov.my/act-detail.php?act=874 (Attorney General's Chambers)
- Garis Panduan Pengenaan Duti Setem — Jadual Pertama Akta Setem 1949 — https://www.hasil.gov.my/wp-content/uploads/garis-panduan-pengenaan-duti-setem-jadual-pertama-as-1949.pdf (LHDN)
- Stamp Duty Orders and Exemption Orders — https://www.hasil.gov.my/en/duti-setem/perintah-duti-setem/ (LHDN)
- Stamp Duty Exemptions and Relief — https://www.hasil.gov.my/en/duti-setem/pengecualian-dan-relief/ (LHDN)

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