What company documents need stamping, and what is stamp duty?
Stamp duty is a tax on documents, administered by LHDN. For companies the common ones are share transfer instruments (ad valorem duty on the higher of consideration or value determined for stamp-duty purposes), tenancy agreements, and various commercial contracts. Unstamped documents can be inadmissible as evidence in court — which is when people usually discover the omission.
Sources: Stamp Act 1949
Also asked as: stamp duty share transfer; setem hasil dokumen syarikat; LHDN stamping documents; stamp duty malaysia agreement.
Stamping deadlines are short after execution, and late stamping attracts penalties. Every share transfer we handle includes the stamping step; agreements drafted elsewhere are worth checking.
Net assets may inform valuation, but are not a universal substitute for the applicable share-valuation rules. Confirm the valuation basis, reliefs and duty before signing.
Key facts
- Share transfers: ad valorem on higher of price or assessed share value
- Tenancies + commercial contracts commonly dutiable
- Unstamped documents may be inadmissible; late stamping penalised
Call +60 10-383 5988 (a licensed secretary replies within one working hour (Mon–Fri 8:30am–5:30pm MYT; outside hours, first thing next working day)) or walk in at J-3A-15, Solaris Mont Kiara.