STAMP ACT 1949 (REVISED

STAMP ACT 1949 (REVISED - 1989)

1 PART I PRELIMINARY-1. Short title and application.

(1) This Act may be cited as the Stamp Act 1949 .

(2) This Act shall apply throughout Malaysia.

2 PART I PRELIMINARY-2. Interpretation.

In this Act, unless the context otherwise requires:

"banker" means:

(a) any person licensed under the Financial Services Act 2013 [Act 758] to carry on a banking business in Malaysia;

(b) any person licensed under the Islamic Financial Services Act 2013 [Act 759] to carry on an Islamic banking business in Malaysia; or

(c) a development financial institution prescribed under the Development Financial Institutions Act 2002 [Act 618];

[Subs. by Act 812/2018]

"bank note" [Repealed by Act 476: s.33]

"bill of exchange" [Repealed by Act 476: s.33]

"bill of exchange payable on demand" [Repealed by Act 476: s.33]

"bill of lading" [Repealed by Act 476: s.33]

"bond" mean
3 PART I PRELIMINARY-3. Collector and Deputy Collectors of Stamp Duties.

(1) The Director General of Inland Revenue referred to in section 134(1) of the Income Tax Act 1967 [Act 53] shall be the Collector of Stamp Duties.

(2) The Minister of Finance may, by notification in the Gazette , appoint such number of Deputy Collectors of Stamp Duties as he thinks fit, for the purpose of carrying out the provisions of this Act.

3A PART I PRELIMINARY-3A. Powers of Collector.

(1) The Collector may by notice in writing require any person to produce any instrument for the purpose of ascertaining whether it is chargeable with duty under this Act and, if so, whether that duty has been paid.

(2) The Collector shall, if he considers it necessary in the execution of his duties under this Act, at all times have full and free access to all lands, buildings and places, and all books and documents, whether in the custody or under the control of a public officer or a body corporate or any other person whatsoever, for the purpose of ascertaining the market value of any property or of ascertaining any facts or inspecting any books or documents which the Collector considers necessary or relevant for the purposes of this Act, or considers likely to provide any information otherwise required for the purposes of this Act, and may, without fee or reward, make extracts from or copies of any such books or documents.

(3) The Coll
4 PART II PROVISIONS APPLICABLE TO INSTRUMENTS GENERALLY Liability of Instruments to Duty-4. Instruments chargeable with duty.

(1) Subject to this Act and subject to the exemptions contained in this Act and in any written law for the time being in force, the several instruments specified in the First Schedule shall, from and after the commencement of this Act, be chargeable with the several duties specified in such Schedule.

(2) Nothing in this Act shall render liable to additional duty any instrument whereon duty is expressly imposed under any other written law in force in Malaysia.

(3) Where in the case of any sale, lease, charge, settlement, exchange or partition several instruments are employed for completing the transaction, the principal instrument only shall be chargeable with the duty prescribed in the First Schedule for the conveyance, lease, charge, settlement or partition and each of the other instruments shall be chargeable with a duty of ten ringgit only; and the parties may determine for themselves which of the instruments so employed shall, for t
4A PART II PROVISIONS APPLICABLE TO INSTRUMENTS GENERALLY Liability of Instruments to Duty-4A. Stamp duty on instruments executed outside Malaysia effecting transfers of property in Malaysia.

(1) Any instrument executed outside Malaysia and purporting to effect a transfer of any immovable property, or of any movable property other than debentures issued by, or shares in, a company, shall, if the property intended to be transferred is situated in any part of Malaysia, be chargeable with stamp duty in accordance with the First Schedule, and unless the instrument of transfer, or a counterpart or duplicate thereof which shall be chargeable with the like duty as if it were the original, is brought into Malaysia and the proper stamp duty payable thereon as if the original had been executed in Malaysia is paid, the transfer shall not take effect.

(2) Where any instrument executed outside Malaysia and purporting to effect a transfer of debentures issued by, or shares in, a company incorporated in Malaysia under section 16 of the Companies Act 1965 [Act 125] or a foreign company registered in Malaysia under section 332 of that Act i
5 Payment of Duty-5. All facts and circumstances to be set out.

All the facts and circumstances affecting the liability of any instrument to duty or the amount of the duty with which any instrument is chargeable are to be fully and truly set forth in the instrument, and the Collector may require such evidence to be furnished as may be reasonably necessary to prove that all such facts and circumstances are truly set forth.

5A Payment of Duty-5A. [Deleted by Act 661: s.41].

[Deleted by Act 661: s.41] .

6 Payment of Duty-6. Instrument relating to distinct matters.

Except where express provision to the contrary is made by this Act or by any other written law:

(a) an instrument containing or relating to several distinct matters shall be separately and distinctly charged, as if it were a separate instrument, with duty in respect of each of the matters;

(b) an instrument made for any consideration in respect of which it is chargeable with ad valorem duty, and also for any further or other valuable consideration or considerations, shall be separately and distinctly charged, as if it were a separate instrument, with duty in respect of each of the considerations.

7 Payment of Duty-7. Mode of paying and denoting duty.

(1) Subject to any rules made under paragraph 82 (b) , all duties with which any instruments are chargeable under this Act shall be paid, and payment shall be indicated on such instrument by:

(a) [Deleted by Act 851] ;

(aa) [Deleted by Act 851] ;

(b) affixing an official receipt to such instrument;

[(b) Am. Act 831:s.41]

(c) attaching a stamp certificate to such instrument; or

[(c) Am. Act 831:s.41]

(d) means of digital stamping.

[(d) Ins. Act 831:s.41]

[(1) Subs. by Act 693/2009: s.53]

(2) [Deleted by Act 851] .

(3) [Deleted by Act 851] .

(4) [Deleted by Act 851] .

(5) [Deleted by Act 851] .

(6) [Deleted by Act 851] .

(7) [D
8 Payment of Duty-8. [Deleted by Act 851].

[Deleted by Act 851] .

9 Payment of Duty-9. Authorized person to compound instrument.

(1) The Collector, may by notification in the Gazette, authorize any person including any banker, dealer or insurer, to compound for the payment of duty on unstamped instrument subject to the condition that the instrument be drawn or drawn up and issued on a form to be supplied or adopted by the said person.

[Subs. by Act 812/2018]

(2) The said authorized persons shall levy upon or charge to the person to whom such instruments referred to in subsection (1) are issued the stamp duty mentioned in the First Schedule.

(3) The said authorized person shall pay on the 1st day of each calendar month in each year to the Collector the amount due and collected thereon as duties on such unstamped instruments and where he fails to pay the amount on each date specified or within fourteen days immediately thereafter, he shall in addition to the amount due pay a further amount of two hundred ringgit or ten per centum of t
10 Payment of Duty-10. How instruments are to be written and stamped.

(1) Every instrument written upon stamped paper is to be written in such manner, and every instrument partly or wholly written before being stamped shall be so stamped, that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument written upon the same piece of paper.

(2) If more than one instrument be written upon the same piece of paper, everyone of the instruments shall be separately and distinctly stamped with the duty with which it is chargeable.

11 Payment of Duty-11. Where duty chargeable depends on duty paid on another instrument.

Where the duty with which an instrument is chargeable, or its exemption from duty, depends in any manner upon the duty actually paid in respect of another instrument, the payment of such last-mentioned duty shall, upon application to the Collector for that purpose and production of both the instruments, be denoted upon such first-mentioned instrument by indorsement under the hand of the Collector or in such other manner, if any, as may be prescribed by rules made under this Act.

11A Payment of Duty-11A. Replica.

(1) Where a replicate of an instrument is presented to the Collector, the replicate of such instrument shall not be deemed to be duly stamped unless it can be shown to the satisfaction of the Collector that all the facts and circumstances affecting the liability of the original instrument to duty, and the amount of the duty chargeable thereon has been paid.

(2) For the purpose of subsection (1), the Collector shall indorse on the replicate of the instrument that full and proper duty with which the original is chargeable had been paid upon payment of a fee of one hundred ringgit for each replicate of an instrument.

[Ins. by Act 693/2009: s.54]

12 Valuation for Duty-12. Duplicate and counterparts.

The duplicate or counterpart of an instrument chargeable with duty (except the counterpart of an instrument chargeable as a lease, such counterpart not being executed by or on behalf of any lessor or grantor) shall not be deemed to be duly stamped unless:

(a) it is stamped as an original instrument;

(b) it appears by a certificate indorsed by the Collector on the duplicate or counterpart that full and proper duty has been paid on the original instrument;

[(b) Am. Act 831:s.43]

(c) there is denoted on the stamp certificate issued for the duplicate or counterpart that payment of the stamp duty has been paid in respect of the original instrument; or

[(c) Am. Act 831:s.43]

(d) there is denoted by means of digital stamping on the duplicate or counterpart that full and proper duty has been paid in respect of the origi
12A Valuation for Duty-12A. Assessment of the value of property under transfer or settlement.

Where an instrument is chargeable with duty under Item 32 (a) of the First Schedule, the date for determining the market value of any property being transferred, settled or gifted shall be:

(a) in the case of a settlement or gift, the date of execution of the instrument of trust or settlement or gift; or

(b) in the case of a transfer implementing a sale under a duly stamped agreement of sale and purchase, the date of execution of that agreement; or

(c) in the case of a transfer of any property granted by a statutory body, a local authority or any co-operative society registered under any laws relating to co-operative societies, the date when the final terms of transfer had been communicated to the transferee, and in the case of subsequent resale of that property, the date of consent by the statutory body or local authority or the board of the co-operative society for that resale; o
13 Valuation for Duty-13. Currency and securities.

(1) Where an instrument is chargeable with ad valorem duty in respect of:

(a) any money expressed in any currency other than ringgit;

(b) any stock or marketable or other security,

the duty shall be calculated on the value, on the day of the date of the instrument or on the day it is stamped if executed out of Malaysia, of the money in ringgit according to the current rate of exchange, or of the stock or security according to the average price thereof or, if there be no price, according to the value thereof.

(2) Where an instrument contains a statement of current rate of exchange or average price, as the case may require, and is stamped in accordance with such statement, it shall, so far as regards the subject-matter of such statement, be presumed, until the contrary is proved, to be duly stamped.

14 Valuation for Duty-14. Instruments reserving interest.

When interest is expressly made payable by the terms of an instrument, such instrument shall not be chargeable with duty higher than that with which it would have been chargeable if no mention of interest had been made therein.

14A Valuation for Duty-14A. Principal securities in Syariah financing.

Where it is shown that a principal or primary security secures the repayment of moneys provided under a scheme of financing made according to the syariah, duty chargeable thereon shall be calculated on the principal amount provided by the financier or financing body.

15 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-15. Relief from stamp duty in case of reconstructions or amalgamations of companies.

(1) If in connection with a scheme for the reconstruction of any company or companies or the amalgamation of any companies it is shown to the satisfaction of the Collector that there exist the following conditions, that is to say:

(a) that a company with limited liability has been registered within six months before the commencement of this Act, or that a company with limited liability is to be registered, or that since the commencement of this Act a company has been incorporated by special written law, or that since the commencement of this Act or within six months before the commencement thereof the issued share capital of a company has been increased;

[Am. by Act 812/2018]

(b) that the company (in this section referred to as "the transferee company") is to be registered in Malaysia or has been incorporated in Malaysia or has increased its capital with a view to the acquisi
15A PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-15A. Relief from stamp duty in case of transfer of property between associated companies.

(1) Stamp duty under paragraph Item 32 (a) or (b) in the First Schedule shall not be chargeable on any instrument to which this section applies:

Provided that no such instrument shall be deemed to be duly stamped unless either it is stamped with the duty to which it would but for this section be liable or it has been brought to the Collector under section 36 and he has certified under section 37 either that the full duty with which it is chargeable has been paid, or that it is not chargeable with duty.

(2) This section applies to any instrument with respect to which it is shown to the satisfaction of the Collector:

(a) that the effect is to transfer a beneficial interest in property from one company with limited liability to another such company, and that the companies are associated where one is the beneficial owner of not less than ninety per cent of the issued share capital of the other, or that a third
16 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-16. Voluntary conveyance inter vivos.

(1) Any conveyance or transfer operating as a voluntary disposition inter vivos shall be chargeable with the like stamp duty as if it were a conveyance or transfer on sale.

(2) The Collector may be required to express his opinion under section 36 on any conveyance or transfer operating as a voluntary disposition inter vivos , and no such conveyance or transfer shall be deemed to be duly stamped unless the Collector has expressed his opinion thereon in accordance with that section.

(3) Any conveyance or transfer, not being a disposition made in favour of a purchaser or incumbrancer or other person in good faith and for valuable consideration, shall, for the purposes of this section, be deemed to be a conveyance or transfer operating as a voluntary disposition inter vivos , and (except where marriage is the consideration) the consideration for any conveyance or transfer shall not for this purpose be deemed to be v
17 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-17. How transfer for debts, stocks securities, future payments and further consideration to be charged.

(1) Where any property is transferred:

(a) in consideration, wholly or in part, of any debt or of any stock or marketable security; or

(b) subject, either certainly or contingently, to the payment or transfer of any money or stock, whether being or constituting a charge or incumbrance upon the property or not,

the instrument of transfer shall be chargeable with ad valorem duty calculated at the rates specified under paragraph (a) of Item 32 in the First Schedule upon either the value of the debt, stock or marketable security, as the case may be, or the market value of the property as on the date of execution, whichever be the greater.

(2) Where the consideration, or any part of the consideration, for a transfer of property consists of any security other than a marketable security, the instrument of transfer shall be chargeable with ad valorem duty ca
18 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-18. Duties on foreclosure orders.

Subject to section 17, a decree or order for, or having the effect of an order for foreclosure in respect of mortgaged property shall be chargeable with duty as if it were a conveyance of such property on sale:

Provided that:

(a) the ad valorem stamp duty upon any such decree or order shall not exceed the duty on a sum equal to the value of the property to which the decree or order relates, and where the decree or order states that value such statement shall be conclusive for the purpose of determining the amount of the duty; and

(b) where ad valorem stamp duty is paid upon such decree or order, any conveyance following upon such decree or order shall be exempt from the ad valorem stamp duty.

19 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-19. Valuation in case of annuity.

(1) Where the consideration, or any part of the consideration, for a conveyance on sale consists of money payable periodically for a definite period not exceeding twenty years, so that the total amount to be paid can be previously ascertained, the conveyance shall be charged in respect of that consideration with ad valorem duty on such total amount.

(2) Where the consideration, or any part of the consideration, for a conveyance on sale consists of money payable periodically for a definite period exceeding twenty years or in perpetuity, or for any indefinite period not terminable with life, the conveyance is to be charged in respect of that consideration with ad valorem duty on the total amount which will or may, according to the terms of sale, be payable during the period of twenty years next after the day of the date of the instrument.

(3) Where the consideration, or any part of the consideration, for a conveyance on
20 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-20. Direction as to duty in case of certain conveyances.

(1) Where property contracted to be sold for one consideration for the whole is conveyed to the purchaser in separate parts or parcels by different instruments, the consideration shall be apportioned in such manner as the parties think fit, so that a distinct consideration for each separate part or parcel is set forth in the conveyance relating thereto, and such conveyance shall be chargeable with ad valorem duty in respect of such distinct consideration.

(2) Where property contracted to be purchased for one consideration for the whole by two or more persons jointly, or by any person for himself and others, or wholly for others, is conveyed in parts or parcels by separate instruments to the person by or for whom the same was purchased for distinct parts of the consideration, the conveyance for each separate part or parcel shall be chargeable with ad valorem duty in respect of the distinct part of the consideration therein spec
20A PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-20A. Exchange of real property.

Where upon the exchange of any real property for any other real property, or upon the partition or division of any real property, any consideration is paid or given, or agreed to be paid or given, for equality:

(a) the principal or only instrument whereby the exchange or partition or division i s affected is to be charged with the same ad valorem duty as a conveyance on sale for the consideration, and with that duty only; and

(b) where in any such case there are several instruments for completing the title of either party, the principal instrument is to be ascertained and the other instruments are to be charged, with duty in the manner hereinbefore provided in the case of several instruments of conveyance.

20B PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-20B. Vesting or transfer of an undivided interest in property.

(1) Every conveyance either on sale or by way of gift or settlement which operates to vest or transfer an undivided interest in real property, shall contain an affidavit of the transferee certifying that the transaction effected by the instrument does not form part of a larger transaction or series of transactions completed or to be completed within a period of twelve months after the date of the first of the instruments employed to complete the conveyance of the property.

(2) Where the transaction effected by the instrument forms part of a larger transaction or series of transactions, ad valorem duty upon that instrument and upon every other instrument following shall be calculated on the aggregate of the consideration or market values of the separate parts or parcels being conveyed, whichever is the higher, at the rates specified under Item 32 (a) in the First Schedule.

[Am. by Act 531: s.27]
21 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-21. Certain contracts to be chargeable as conveyances on sale.

(1) Any contract or agreement made in Malaysia under seal or under hand only, for the sale of any equitable estate or interest in any property whatsoever, or for the sale of any estate or interest in any property except lands, tenements, hereditaments, or heritages, or property locally situate out of Malaysia, or goods, wares or merchandise, or stock, or marketable securities, or any ship or vessel, or part interest, share or property of or in any ship or vessel, shall be charged with the same ad valorem duty, to be paid by the purchaser, as if it were an actual conveyance on sale of the estate, interest or property contracted or agreed to be sold.

(2) Where the purchaser has paid the said ad valorem duty and, before having obtained conveyance or transfer of the property, enters into a contract or agreement for the sale of the same, the contract or agreement shall be charged, if the consideration for that sale is in excess of the consideration
22 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-22. Sale of annuity or right not before in existence.

Where upon the sale of any annuity or other right not before in existence such annuity or other right is not created by actual grant or conveyance, but is only secured by bond, warrant of attorney, covenant, contract or otherwise, the bond or other instrument, or some one of such instruments, if there be more than one, shall be charged with the same duty as an actual grant or conveyance, and shall for the purposes of this Act be deemed an instrument of conveyance on sale.

23 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-23. What is to be deemed a conveyance, not being a sale or mortgage.

Every instrument and every decree or order of any Court, whereby any property on any occasion, except a sale or mortgage, is transferred to or vested in any person, shall be charged as a conveyance or transfer of property.

24 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-24. Leases, how to be charged in respect of produce, etc.

(1) Where the consideration or any part of the consideration for which a lease is granted or agreed to be granted consists of any produce or other goods, the value of the produce or goods shall be deemed a consideration in respect of which the lease or agreement is chargeable with ad valorem duty.

(2) Where it is stipulated that the value of the produce or goods is to amount at least to, or is not to exceed, a given sum, or where the lessee is specially charged with, or has the option of paying after any permanent rate of conversion, the value of the produce or goods shall, for the purpose of assessing the ad valorem duty, be estimated at the given sum, or according to such permanent rate.

(3) A lease or agreement for a lease made either wholly or partially for any such consideration, if it contains a statement of the value thereof and is stamped in accordance with the statement, shall, so far as regards the subject ma
25 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-25. Directions as to duty upon leases, etc.

(1) A lease or agreement for a lease or with respect to any letting shall not be charged with any duty in respect of any penal rent, or increased rent in the nature of a penal rent, thereby reserved or agreed to be reserved or made payable or by reason of being made in consideration of the surrender or abandonment of any existing lease, or agreement of or relating to the same subject matter.

(2) A lease made for any consideration in respect whereof it is chargeable with ad valorem duty, and in further consideration either of a covenant by the lessee to make, or of his having previously made, any substantial improvement of or addition to the property demised to him, or of any covenant relating to the matter of the lease, shall not be charged with any duty in respect of such further consideration, except where such further consideration consists of a covenant which if it were contained in a separate deed would be chargeable with ad v
26 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-26. Direction as to duty upon transfer of stock.

(1) A security for the transfer or re-transfer of any stock shall be charged with the same duty as a similar security for a sum of money equal in amount to the value of the stock; and a transfer, assignment or disposition or assignation of any such security and a reconveyance, release, discharge, surrender, re-surrender, warrant to vacate or renunciation of any such security shall be charged with the same duty as an instrument of the same description relating to a sum of money equal in amount to the value of the stock.

(2) A security for the payment of any rent charge, annuity or periodical payments by way of repayment, or in satisfaction or discharge of any loan, advance or payment intended to be so repaid, satisfied or discharged, shall be charged with the same duty as a similar security for the payment of the sum of money so lent, advanced or paid.

(3) A transfer of a duly stamped security, and a security by way of further charge for
27 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-27. [Deleted by Act A723: s.14].

[Deleted by Act A723: s.14] .

28 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-28. Security for future advances, how to be charged.

(1) A security for the payment or repayment of money to be lent, advanced or paid, or which may become due upon an account current, either with or without money previously due, shall be charged, where the total amount secured or to be ultimately recoverable is in any way limited, with the same duty as a security for the amount so limited.

(2) Where such total amount is unlimited, the security is to be available for such an amount only as the ad valorem duty stamped thereon extends to cover; but where any advance or loan is made in excess of the amount covered by that duty the security shall for the purpose of stamp duty be deemed to be a new and separate instrument bearing date on the day on which the advance or loan is made.

(3) No money to be advanced for the insurance of any property comprised in the security against damage by fire, or for keeping up any policy of life insurance comprised in the security, or for effecting in
29 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-29. [Deleted by Act A723: s.15].

[Deleted by Act A723: s.15] .

29A PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-29A. Directions as to duty upon a primary or principal security.

In determining whether an instrument is the only, principal or primary security for any annuity, or for any sum or sums of money or for the payment or repayment of money within the meaning of paragraph (1) of Item 22 or paragraph (a) of Item 27 in the First Schedule, no account shall be taken of any other instrument which is a security for the same annuity, sum or sums of money or for the same payment or repayment, as the case may be, or for any part thereof, unless that other instrument is chargeable with stamp duty under either of the said paragraphs and is duly stamped.

30 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-30. Directions as to sea policy.

(1) No contract for sea insurance, other than such insurance as is referred to in section 363 of the Merchant Shipping Ordinance 1952 or any corresponding provision in any other written law for the time being in force in Sabah or Sarawak shall be valid unless the same is expressed in a policy of sea insurance.

(2) No policy of sea insurance made for time shall be made for any time exceeding twelve months.

(3) No policy of sea insurance shall be valid unless it specifies the particular risk or adventure or the time for which it is made, the names of the subscribers or underwriters, and the amount or amounts insured.

(4) Where any sea insurance is made for or upon a voyage and also for time, or to extend to or cover any time beyond thirty days after the ship shall have arrived at her destination and been there moored at anchor, the policy shall be charged with duty as a policy for or upon a voyage and also with duty as a policy fo
31 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-31. Legal alteration in sea policies may be made.

Nothing in this Act shall prohibit the making of any alteration which may lawfully be made in the terms and conditions of any policy of sea insurance after the policy has been underwritten:

Provided that:

(a) the alteration is made before notice of the determination of the risk originally insured;

(b) it does not prolong the time covered by the insurance thereby made beyond the period of six months in the case of a policy made for a less period than six months, or beyond the period of twelve months in the case of a policy made for a greater period than six months;

(c) the articles insured remain the property of the same person or persons; and

(d) no additional or further sum is insured by reason or means of the alteration.

32 PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-32. Directions as to certain contract notes.

(1) Where a contract note is a continuation or carrying over note made for the purpose of continuing or carrying over any transaction for the sale or purchase of stock or marketable securities, the contract note, although it is made in respect of both a sale and purchase, shall be charged with duty under this section as if it related to one of those transactions only, and, if different rates of duty are chargeable in respect of those transactions, to that one of those transactions which would render the contract note chargeable at the highest rate.

(2) Where a contract note advises the sale or purchase of more than one description of stock or marketable security, the note shall be deemed to be as many contract notes as there are descriptions of stocks or securities sold or purchased.

32A PART III PROVISIONS APPLICABLE TO PARTICULAR INSTRUMENTS-32A. Obligation to execute contract note.

(1) Any person who effects any sale or purchase of any stock or marketable security as a dealer or agent, and any person who, by way of business:

(a) deals or holds himself out as dealing as a principal in any stock or marketable security; and

(b) buys or sells any stock or marketable security,

shall forthwith make and execute a contract note, and transmit the note to his principal, or to the vendor or purchaser of the stock or marketable security, as the case may be.

(2) No dealer, agent or other person shall have any legal claim to any charge for brokerage, commission or agency with reference to the sale or purchase of any stock or marketable security if he fails to comply with this section.

[Am. by Act 608: s.45]

33 PART IV LIABILITY FOR PAYMENT OF DUTY-33. Duty by whom payable.

The expense of providing the proper stamp duty be borne:

(a) in the case of the instruments described in the first column of the Third Schedule, by the person mentioned in the second column of such Schedule;

(b) in the case of every other instrument, by the person drawing, making or executing such instrument.

34 PART IV LIABILITY FOR PAYMENT OF DUTY-34. [Deleted by Act 476: s.34].

[Deleted by Act 476: s.34] .

35 PART IV LIABILITY FOR PAYMENT OF DUTY-35. Exemptions.

The instruments appearing under the heading of "General Exemptions" in the First Schedule shall not be chargeable with duty.

36 PART V ADJUDICATION AS TO STAMPS-36. Mode of adjudication as to proper stamp.

(1) All instruments chargeable with duty and executed by any person in Malaysia (except an instrument which by virtue of section 47 cannot be stamped after execution) shall be brought to the Collector and the Collector shall assess the duty, if any, with which in his judgment the instrument is chargeable.

[Subs. by Act 693/2009: s.56]

(2) For this purpose the Collector may require an abstract of the instrument to be furnished, and also such affidavit or other evidence as he deems necessary to prove that all the facts and circumstances affecting the liability of the instrument to duty, or the amount of the duty chargeable thereon, are fully and truly set forth therein, and may refuse to proceed upon any such application until such abstract and evidence have been furnished to him accordingly.

(3) No evidence furnished in pursuance of this section shall be used against any person in any civil proceeding, exce
36A PART V ADJUDICATION AS TO STAMPS-36A. Initial duty.

(1) Notwithstanding section 36 but subject to section 36B, the Collector may, on an application made by any person in respect of an instrument for the transfer of an immovable property, assess the initial duty for which the instrument is chargeable.

(2) The application made under subsection (1) shall contain particulars or evidence deemed necessary to prove the facts affecting the liability of the instrument to duty and any valuation report, prepared by a person privately practising as a valuer, on the market value of the immovable property shall for the purposes of this section be sufficient evidence for the Collector to make an assessment on the initial duty for which the instrument is chargeable.

(3) For the purposes of this section, a person shall:

(a) pay a fee of ten ringgit; and

(b) furnish in a form of a bank guarantee payable to the Collector, as security for payment of further dut
36AA PART V ADJUDICATION AS TO STAMPS-36AA. Advance duty.

(1) Notwithstanding sections 36 and 36A, the Collector may, on an application made by any person assess the advance duty for an instrument for the transfer of an immovable property where the consideration consists wholly of money.

(2) For the purposes of subsection (1), the Collector shall, prior to the market value of the immovable property being ascertained by a valuer employed by the Government for the purpose of subsection 36B(1A), ascertain the market value in advance for which the instrument referred to in that subsection is chargeable in accordance with the following formula:

<

A x 100

83.333
36B PART V ADJUDICATION AS TO STAMPS-36B. Additional duty.

(1) Where section 36A applies and it appears to the Collector that based on the market value of the property as ascertained by a valuer employed by the Government, the proper amount of duty chargeable on the instrument is higher than the initial duty paid, he may within three months after the payment of the initial duty make an additional assessment on a person liable to pay such duty in the additional amount of duty chargeable.

(1A) Where section 36AA applies and it appears to the Collector that based on the market value of the immovable property as ascertained by the valuer employed by the Government, the proper amount of duty chargeable on the instrument is higher than the advance duty paid, he may make an additional assessment on the person liable to pay such duty in the additional amount of duty chargeable.

[(1A) Ins. by Act A1380]

(2) As soon as may be after the additional assessment has been made un
36C PART V ADJUDICATION AS TO STAMPS-36C. Where duty chargeable is equal or lower than advance duty paid and refund of advance duty paid in excess.

(1) Notwithstanding section 36B(1A), where section 36AA applies and it appears to the Collector that based on the market value of the immovable property as ascertained by the valuer employed by the Government, the proper amount of duty chargeable on the instrument is equal to or lower than the advance duty paid, he may notify the person in writing of the valuation on the proper amount of duty and such notification shall be deemed to be an assessment for the purposes of this Act.

(2) Where it is proved to the satisfaction of the Collector that the person has paid the advance duty chargeable under section 36AA in excess of the proper amount of duty referred to in subsection (1), the excess shall be refunded by the Collector.

[Ins. by Act A1380: s.5]

36D PART V ADJUDICATION AS TO STAMPS-36D. Finality of assessment.

(1) For the purposes of this Act, an assessment shall be final and conclusive where:

(a) no valid notice of appeal against the assessment has been given under section 39 within the time specified by that section;

(b) the assessment has been determined on appeal and there is no right of further appeal; or

(c) a valid notice of appeal against the assessment has been given but the appellant dies before the hearing of the appeal by the High Court is commenced or completed and no personal representative of the estate of the deceased appellant applies to the High Court within two years after his death to proceed with or complete the hearing.

(2) Nothing in subsection (1) shall prejudice the application of section 36B or 50A.

[36D. Ins. Act 833:s.37]

37 PART V ADJUDICATION AS TO STAMPS-37. Certificate by Collector.

(1) When an instrumentbrought to the Collector under section 36,36A, 36AA or 36B one of a description chargeable with duty, and:

[Am. by Act 693/2009: s.57; Act A1380]

(a) the Collector determines that it is already fully stamped; or

[Am. by Act A1380]

(b) the duty assessed by the Collector under such sections, as the case may be or such a sum as, with the duty already paid in respect of the instrument, is equal to the duty so assessed, has been paid,

[Am. by Act A1380]

(c) [Deleted by Act A1380]

the Collector shall certify by indorsement on such instrument that the full duty, initial duty,advance duty or additional duty, as the case may be stating the amount, with which it is chargeable, has been paid.

[Subs. by Act A683: s:61; Am. by Act A1380]
38 PART V ADJUDICATION AS TO STAMPS-38. Exception to sections 36, 36A, 36AA, 36B, 36C and 37.

Nothing in sections 36, 36A, 36AA, 36B, 36C and 37 shall extend to any instrument chargeable with ad valorem duty and made as a security for money or stock without limit.

[Am. by Act A683: s.62; Act A1380]

38A PART V ADJUDICATION AS TO STAMPS-38A. Notice of objection.

(1) Any person who is dissatisfied with an assessment or additional assessement of the Collector under this Part may, by written notice (referred to in this Act as "notice of objection"), object to the assessment or additional assessement and apply to the Collector to review the assessment or additional assessement.

[Subs. by Act A683: s.63; Am. by Act A1380]

(2) Every notice of objection shall state the grounds of objection to the Collector's assessment or additional assessement and shall be made within thirty days after the date of the assessment or additional assessement or such further period as the Collector may allow in any particular case.

[Am. by Act A 683: s.63]

(3) The person giving a notice of objection shall furnish further particulars and information in relation to the grounds of the objection if required to do so by the Collector in writing.

(4) The Coll
39 PART V ADJUDICATION AS TO STAMPS-39. Appeal to High Court.

(1) Any person who is dissatisfied with the decision of the Collector under section 38A(5) may, within twenty-one days after the person is notified in writing of that decision and upon payment of duty in conformity therewith, appeal against the decision to the High Court in accordance with the procedure and practice for the time being in force in the High Court and may for that purpose require the Collector to state and sign a case, setting forth the question upon which his opinion was required, and the decision made by him.

[Am. by Act 851; Subs. by Act 619: s.19]

(1A) Where an appeal has been filed under subsection (1), the cause papers of the appeal shall be served on the Collector within the time stipulated for the filing of the appeal.

[Subs. by Act 851; Ins. by Act 619: s.19]

(2) The Collector shall thereupon state and sign a case and deliver the same to the person by w
40 PART V ADJUDICATION AS TO STAMPS-40. Time of stamping after adjudication.

Where an instrument is brought to the Collector pursuant to subsection 36(1), the instrument shall be stamped in accordance with the assessment of the Collector within fourteen days after notice of the assessment, and in the case of an application to the High Court under section 39 within fourteen days after the issue of the order of the Court, or within such further period, in either case, as the Collector when giving notice of assessment or the Court when making the order, may specify:

[Am. by Act 693/2009: s.58]

Provided that the said period of fourteen days or any further period specified by the Collector or the Court may, on application made before the period or further period expires, be extended or further extended by the Collector or the Court, as the case may be.

41 PART VI OF THE TIME OF STAMPING INSTRUMENTS-41. Instruments executed in Malaysia.

Save where express provision to the contrary is contained in this Act, all instruments chargeable with duty and executed by any person in Malaysia shall be stamped before or at the time of execution.

42 PART VI OF THE TIME OF STAMPING INSTRUMENTS-42. Instruments executed out of Malaysia.

(1) Every instrument chargeable with duty executed only out of Malaysia, and not being a cheque or promissory note, may be stamped within thirty days after it has first been received in Malaysia.

[Am. by Act 476: s.35]

(2) When any such instrument is brought to him for stamping the Collector may require that the date of receipt thereof be verified by production of the envelope in which the same was received or of any accompanying letter, or, unless the date of the instrument shows that it must have been received within thirty days, by statutory declaration.

(2A) For the purposes of subsection (2), where the instrument is received by way of electronic transmission, the date of receipt thereof shall be verified by the production of a copy or print out of the electronic transmission.

[(2A) Ins. by Act 851]

43 PART VI OF THE TIME OF STAMPING INSTRUMENTS-43. Bills, cheques or notes drawn out of Malaysia.

Every person into whose hands any cheque or promissory note drawn or made out of Malaysia comes in Malaysia before it is stamped shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwise negotiates the same in Malaysia, bring the cheque or promissory note to the Collector for assessment of duty in accordance with section 36 within thirty days after it has been first received in Malaysia.

[Subs. by Act 851]

44 PART VI OF THE TIME OF STAMPING INSTRUMENTS-44. Bills of exchange and cheques accepted or payable outside Malaysia.

Notwithstanding anything in this Act contained, a cheque which is presented for acceptance, or accepted, or payable outside Malaysia shall not be invalid by reason only that it is not stamped in accordance with this Act, and any such cheque which is unstamped or insufficiently stamped may be received in evidence on payment of the proper duty and the penalty, if any, payable under section 47A, and such cheque shall, for the purposes of this section, be deemed to be an instrument which may be stamped after the first execution thereof under such section.

45 PART VI OF THE TIME OF STAMPING INSTRUMENTS-45. Power of drawee to stamp bills or cheques.

(1) Where any cheque, is presented for payment unstamped, the person to whom it is so presented may bring the cheque to the Collector for assessment of duty in accordance with section 36, and may pay the sum payable upon such bill or cheque and may charge the duty against the person who ought to have paid the same or deduct it from the sum payable as aforesaid, and such bill or cheque shall, so far as respects the duty, be deemed good and valid.

[Am. by Act 851; Act 476: s.38]

(2) Nothing herein shall relieve any person from any penalty or proceeding to which he may be liable in relation to such cheque.

[Am. by Act 476: s.38]

46 PART VI OF THE TIME OF STAMPING INSTRUMENTS-46. Transfers of shares.

Transfers of shares which are numbered shall not be stamped until the numbers of the shares are entered.

47 PART VI OF THE TIME OF STAMPING INSTRUMENTS-47. Stamping of instrument after execution.

Save where other express provision is made by this or any other Act, any unstamped or insufficiently stamped instrument not being a cheque or promissory note drawn or made within Malaysia may be stamped after execution on payment of the unpaid duty if the instrument is presented for stamping within thirty days of its execution if executed within Malaysia, or within thirty days after it has been first received in Malaysia if it has been executed out of Malaysia.

47A PART VI OF THE TIME OF STAMPING INSTRUMENTS-47A. Penalty for late stamping.

(1) An instrument which is not stamped within the period specified in or under section 40 or 47 may be stamped on payment of the unpaid duty and a penalty of:

(a) twenty-five ringgit or five per centum of the amount of the deficient duty, whichever sum be the greater, if the instrument is stamped within 3 months after the time for stamping;

[Am. by Act 624: s.35]

(b) fifty ringgit or ten per centum of the amount of the deficient duty, whichever sum be the greater, if the instrument is stamped later than 3 months but not later than 6 months after the time for stamping; or

[Am. by Act 624: s.35]

(c) one hundred ringgit or twenty per centum of the amount of the deficient duty, whichever sum be the greater, in any other case.

[Am. by Act 624: s.35]

(2) The Collector may, if he thi
48 PART VI OF THE TIME OF STAMPING INSTRUMENTS-48. Denoting penalty.

The payment of any penalty prescribed under 47A shall be denoted on the instrument concerned:

[Am. by Act 851]

(a) [Deleted by Act 851] ;

(b) [Deleted by Act 851] ;

(c) by affixing an official receipt to the instrument;

[(c) Am. Act 831:s.44]

(d) by attaching a stamp certificate to the instrument; or

[(d) Am. Act 831:s.44]

(e) by means of digital stamping,

[(e) Ins. Act 831:s.44]

and shall be certified by the Collector.

[Subs. by Act 693/2009: s.59]

49 PART VI OF THE TIME OF STAMPING INSTRUMENTS-49. Persons liable to penalty.

The person liable to any penalty under section 43 or section 47A shall be the person by whom the duty is payable in accordance with Part IV.

50 PART VI OF THE TIME OF STAMPING INSTRUMENTS-50. Penalty, how recoverable.

(1) All duties, penalties and other sums required to be paid under this Act shall be debts due to the Government and shall be recoverable by any of the ways and means in force for the time being for the recovery of debts due to the Government.

[Renumbering and Am. Act 831:s.45]

(2) The Collector and any employee of the Inland Revenue Board of Malaysia authorized by the Collector shall be deemed to be public officers authorized by the Minister under subsection 25(1) of the Government Proceedings Act 1956 [Act 359] in respect of all proceedings under this section.

[(2) Ins. Act 831:s.45]

(3) In a suit under this section, the production of a certificate signed by the Collector giving the name and address of the defendant and the amount of the duty or penalty due from him shall be sufficient evidence of the amount so due and authority for the court to give judgment for that amoun
50A PART VI OF THE TIME OF STAMPING INSTRUMENTS-50A. Error in assessment, etc.

No assessment shall be affected by:

(a) any erroneous or under assessment of the duty or penalty by the Collector; or

(b) the failure to assess that duty or penalty by the Collector,

and the correct amount of duty or penalty due on the instrument shall be debts due to the Government and shall be recoverable by any of the ways and means in force for the time being for the recovery of debts due to the Government.

[Ins. by Act 693/2009: s.60]

51 PART VII INSTRUMENTS NOT DULY STAMPED-51. Examination and impounding of instruments.

(1) Every person having by law or consent of parties authority to receive evidence, and every person in charge of a public office, except an officer of police, before whom any instrument, chargeable, in his opinion, with duty, is produced or comes in the performance of his functions, shall, if it appears to him that such instrument is not duly stamped, impound the same.

(2) For that purpose every such person shall examine every instrument so chargeable and so produced or coming before him in order to ascertain whether it is stamped with a stamp of the value and description required by the law in force in Malaysia when such instrument was executed or first executed:

Provided that:

(a) nothing herein contained shall be deemed to require any Magistrate or Judge to examine or impound, if he does not think fit to do so, any instrument coming before him in the course of any criminal proceeding;

(b)
52 PART VII INSTRUMENTS NOT DULY STAMPED-52. Instruments not duly stamped inadmissible in evidence.

(1) No instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered, or authenticated by any such person or by any public officer, unless such instrument is duly stamped:

Provided that:

(a) any such instrument shall, subject to all just exceptions, be admitted in evidence on payment of the duty and the penalty, if any, chargeable in respect thereof under section 43 or section 47A;

(b) nothing herein contained shall prevent the admission of any instrument in evidence in any criminal Court;

(c) nothing herein contained shall prevent the admission of any instrument in evidence in any Court when such instrument has been executed by or on behalf of the Government of Malaysia or of any State or of the Government of any other country or where it bears the ce
53 PART VII INSTRUMENTS NOT DULY STAMPED-53. Instruments impounded how dealt with.

(1) When the person impounding an instrument under section 51 has by law or consent of parties authority to receive evidence and admits such instrument in evidence on payment of duty and penalty, if any, he shall, as soon as may be convenient, send such instrument, together with the amount of the duty and penalty, if any, paid in respect thereof, to the Collector; and the Collector shall stamp such instrument in accordance with section 43 or 47A and shall return it to the person who sent it to him.

(2) In every other case in which an instrument is impounded under section 51, the person impounding the same shall send it forthwith to the Collector; and the Collector, on payment of the duty and penalty, if any, chargeable in respect thereof under section 43 or section 47A, shall stamp such instrument and shall return it to the person who sent it to him, but if such duty and penalty, if any, be not paid, he shall retain such instrument.

(3)
54 PART VII INSTRUMENTS NOT DULY STAMPED-54. [Deleted by Act 476: s.40].

[Deleted by Act 476: s.40] .

55 PART VII INSTRUMENTS NOT DULY STAMPED-55. Agreements evidenced by letters how stamped.

(1) Where a contract or agreement of any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp the contract or agreement shall be deemed to be duly stamped.

(2) Where an agreement is evidenced by one or more letters between parties, which letters were not stamped before being used, it shall be lawful for the Collector, on being satisfied that the omission to have the letter or letters stamped did not arise from an intention to evade the payment of stamp duty, to affix the proper stamp on the letter or any one of the letters evidencing the contract on payment of the duty.

[(2) Am. Act 831:s.46]

(3) (Deleted by Act 831:s.46)

(4) Where a letter is so stamped all the letters forming together the agreement may be used in evidence to prove the agreement stated or partly stated in the letter so stamped.

56 PART VII INSTRUMENTS NOT DULY STAMPED-56. Recovery of duty and penalty.

When any duty or penalty has been paid in respect of any instrument by any person, and by agreement or under this Act or of any other written law in force at the time when such instrument was executed or first executed some other person was liable to pay the duty on such instrument, the first mentioned person shall be entitled to recover from such other person the amount of the duty or penalty so paid, and for the purpose of such recovery any certificate granted in respect of such instrument by the Collector shall be conclusive evidence as to the amount of the duty and penalty paid and the person by whom they were paid.

57 PART VIII ALLOWANCE FOR SPOILED STAMPS-57. Allowance for spoiled stamps.

Subject to any rules which may be made under this Act and to the production of such evidence by statutory declaration or otherwise as the Collector may require, allowance shall be made by the Collector for stamps spoiled in the following cases:

(a) the stamp on any paper inadvertently and undesignedly spoiled, obliterated or by any means rendered unfit for the purpose intended, before the paper bears the signature of any person or any instrument written thereon is executed by any party;

(b) [Deleted by Act 851] ;

(c) [Deleted by Act 661: s.44] ;

(d) the stamp on any promissory note signed by or on behalf of the maker which has not been made use of in any manner whatever or delivered out of his hands;

(e) the stamp on any promissory note which from any omission or error has been spoiled or rendered useless, although the same, being a promissory note, may have
58 PART VIII ALLOWANCE FOR SPOILED STAMPS-58. Allowance for misused stamps.

When any person has inadvertently used for an instrument liable to duty a stamp of greater value than was necessary, or has inadvertently used a stamp for an instrument not liable to any duty, the Collector may, on application made within twenty-four months months after the date of the instrument, or, if it is not dated, within twenty-four months months after the execution thereof by the person by whom it was first or alone executed, and upon the instrument, if liable to duty, being stamped with the proper duty cancel and allow as spoiled the stamp so misused.

[Am. Act 833:s.41]

59 PART VIII ALLOWANCE FOR SPOILED STAMPS-59. Allowance, how to be made.

In any case in which allowance is made for spoiled, unused or misused stamps, the Collector shall give in lieu thereof the same value in money.

59A PART VIII ALLOWANCE FOR SPOILED STAMPS-59A. Stamp to include official receipt.

For the purposes of paragraph 57 (f) , sections 58 and 59, "stamp" includes an official receipt or a stamp certificate.

[Am. by Act 693/2009: s.62]

60 PART IX OFFENCES AND PENALTIES-60. [Deleted by Act 851].

[Deleted by Act 851] .

60A PART IX OFFENCES AND PENALTIES-60A. [Deleted by Act 851].

[Deleted by Act 851] .

61 PART IX OFFENCES AND PENALTIES-61. Penalty for not setting forth all the facts and circumstances.

Any person who with intent to evade the payment of duty:

(a) executes any instrument in which all the facts and circumstances are not truly and fully set forth as required by section 5; or

(b) being employed or concerned in or about the preparation of any instrument neglects or omits fully and truly to set forth therein all the said facts and circumstances;

shall be liable to a fine not exceeding two thousand five hundred ringgit.

62 PART IX OFFENCES AND PENALTIES-62. [Deleted by Act 476: s.40].

[Deleted by Act 476: s.40] .

63 PART IX OFFENCES AND PENALTIES-63. Penalty for executing and signing documents not duly stamped.

(1) Any person who:

(a) with intent to evade the payment of duty, draws, makes, executes or signs, otherwise than as a witness, any instrument whatsoever chargeable with duty without the same being duly stamped; or

(b) having drawn, made, executed or signed, other wise than as a witness, any instrument whatsoever chargeable with duty without the same being duly stamped, fails, without lawful excuse, to procure the due stamping thereof within the time within which such instrument may be stamped without penalty under this Act; or

(c) issues, endorses, transfers or presents for acceptance or payment or accepts, pays or receives payment of or in any manner negotiates any cheque or promissory note without the same being duly stamped;

shall be liable to a fine not exceeding one thousand five hundred ringgit.

[Am. by Act 476: s.41]

(2)
64 PART IX OFFENCES AND PENALTIES-64. Penalty for failure to execute and transmit contract note.

Any person who, being required under section 32A to make and execute a contract note and transmit the note as so required, refuses or neglects to make and execute the contract note or to so transmit the note shall be liable to a fine not exceeding one thousand five hundred ringgit.

65 PART IX OFFENCES AND PENALTIES-65. Penalty for post-dating bills.

Any person who with intent to evade the payment of duty:

(a) draws, makes or issues any promissory note bearing a date subsequent to that on which such note is actually drawn or made; or

[Am. by Act 476: s.42]

(b) knowing that such bill or note has been so postdated, endorses, transfers, presents for acceptance or payment or accepts, pays or receives payment of such note or in any manner negotiates the same;

[Am. by Act 476: s.42]

shall be liable to a fine not exceeding two thousand five hundred ringgit.

66 PART IX OFFENCES AND PENALTIES-66. [Deleted by Act A723: s.42].

[Deleted by Act A723: s.42] .

67 PART IX OFFENCES AND PENALTIES-67. Penalty for not making out policy other than on sea insurance or making one not duly stamped.

Any person who:

(a) receives, or takes credit for any premium or consideration for any insurance other than a sea insurance, and does not within one month after receiving or taking credit for the premium or consideration make out and execute a duly stamped policy of insurance; or

(b) makes, executes, or delivers out, or pays or allows in account, or agrees to pay or allow in account, any money upon or in respect of any policy other than a policy of sea insurance which is not duly stamped;

shall be liable to a fine not exceeding one thousand ringgit.

Provided that on application and for good cause shown by any person the Minister of Finance may extend the period mentioned in paragraph (a) of this section to a period not exceeding three months in favour of such person.

68 PART IX OFFENCES AND PENALTIES-68. Penalty for assuring on sea insurance unless under policy duly stamped.

(1) Any person who:

(a) becomes an assurer upon any sea insurance or enters into any contract for sea insurance, or directly or indirectly receives or contracts or takes credit in account for any premium or consideration for any sea insurance, or knowingly takes upon himself any risk, or renders himself liable to pay, or pays any sum of money upon any loss, peril or contingency relative to any sea insurance, unless the insurance is expressed in a policy of sea insurance duly stamped; or

(b) makes or effects or knowingly procures to be made or effected any sea insurance, or directly or indirectly gives or pays, or renders himself liable to pay, any premium or consideration for any sea insurance, or enters into any contract for sea insurance unless the insurance is expressed in a policy of sea insurance duly stamped; or

(c) is concerned in any fraudulent contrivance or device, or is guilty o
69 PART IX OFFENCES AND PENALTIES-69. Penalty for issuing share warrant, etc., not duly stamped.

(1) If a share warrant or stock certificate to bearer is issued without being duly stamped, the company issuing the same, and also every person who, at the time when it is issued, is the managing director or secretary or other principal officer of the company, shall be liable to a fine not exceeding one thousand five hundred ringgit.

(2) If any person whose office it is to enrol, register, or enter in or upon any rolls, books or records any instrument chargeable with duty, enrols, registers or enters any such instrument not being duly stamped, he shall be liable to a fine not exceeding one thousand five hundred ringgit.

70 PART IX OFFENCES AND PENALTIES-70. [Deleted by Act A723: s.46].

[Deleted by Act A723: s.46] .

71 PART IX OFFENCES AND PENALTIES-71. [Deleted by Act 851].

[Deleted by Act 851] .

72 PART IX OFFENCES AND PENALTIES-72. [Deleted by Act 851].

[Deleted by Act 851] .

72A PART IX OFFENCES AND PENALTIES-72A. Penalty relating to stamp certificates.

Any person who:

(a) sells or offers for sale a stamp certificate;

(b) fraudulently attaches a stamp certificate to an instrument other than the instrument for which the stamp certificate was issued;

(c) fraudulently detaches a stamp certificate or fraudulently causes a stamp certificate to be detached from the instrument;

(d) counterfeits, or knowingly performs any part of the process of counterfeiting, any stamp certificate issued by the Collector;

(e) sells or offers for sale any certificate which he knows or ought reasonably to know to be a counterfeit of any stamp certificate issued by the Collector;

(f) has in his possession any certificate which he knows to be a counterfeit of any stamp certificate, intending to use or dispose of it as a genuine stamp certificate in order that it may be used as a genuine stamp certificate; or

(g)
73 PART IX OFFENCES AND PENALTIES-73. [Deleted by Act 851].

[Deleted by Act 851] .

NOTE-

* Post Office Act 1947 [Act 211] has since been repealed by Postal Services Act 1991 [Act 465]- see s. 50(1) of Act 465.

74 PART IX OFFENCES AND PENALTIES-74. Fraud in relation to duty.

Any person who practises or is concerned in any fraudulent act, contrivance or device not specially provided for by law, with intent to defraud the Government of any duty, shall be liable to a fine of five thousand ringgit.

74A PART IX OFFENCES AND PENALTIES-74A. Recovery from persons leaving Malaysia.

(1) The Collector, where he is of the opinion that any person is about or likely to leave Malaysia without paying any duties, penalties or other sums required to be paid under this Act, may issue to any Commissioner of Police or Director of Immigration a certificate containing particulars of those duties, penalties or sums so payable with a request for that person to be prevented from leaving Malaysia unless and until he pays all the duties, penalties or sums so payable or furnishes security to the satisfaction of the Collector for their payment.

(1A) The certificate referred to in subsection (1) may be issued to any Commissioner of Police or Director of Immigration through an electronic medium or by way of electronic transmission.

[(1A) Ins. Act 831:s.47]

(2) Subject to any order issued or made under any written law relating to banishment or immigration, any Commissioner of Police or Director of Immigrati
74B PART IX OFFENCES AND PENALTIES-74B. Leaving Malaysia without payment of duties, etc.

(1) Any person, to whom a certificate has been issued voluntarily leaves or in respect of him under section 74A attempts to leave Malaysia without paying all the duties, penalties or sums specified in the certificate or without furnishing security to the satisfaction of the Collector for the payment thereof shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.

(2) A police officer or immigration officer may arrest without warrant any person whom he reasonably suspects to be committing or is about to commit an offence under this section.

(3) In this section, "immigration officer" has the same meaning as in section 74A.

[Ins. by Act A1380: s.9]

75 PART IX OFFENCES AND PENALTIES-75. Institution and conduct of prosecution.

(1) No prosecution in respect of any offence punishable under this Act shall be instituted without the sanction of the Public Prosecutor.

(2) The Collector may compound any such offence.

(3) The amount of any such composition shall be a debt due to the Government and shall be recoverable by any of the ways and means in force for the time being for the recovery of debts due to the Government.

76 PART X MISCELLANEOUS-76. Books, etc, in the custody of public officers may be inspected without fee.

Every public officer having in his custody any registers, books, records, papers, documents or proceedings the inspection whereof may tend to secure any duty, or to prove or lead to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times permit any person authorised in writing by the Collector to inspect for such purpose the registers, books, records, papers, documents or proceedings and to take such notes and extracts as he may deem necessary without fee or charge.

77 PART X MISCELLANEOUS-77. Collector may administer oaths.

The Collector is authorised to administer all affirmations and oaths which may be necessary for the purposes of this Act.

77A PART X MISCELLANEOUS-77A. Electronic medium.

(1) For the purposes of this Act, the Collector may by an electronic medium allow a registered person, without the need for the instrument to be presented to the Collector:

(a) to obtain an assessment of stamp duty and any penalty, if any, on an instrument;

(b) to pay stamp duty and any penalty, if any, on an instrument by electronic funds transfer or otherwise, in accordance with the assessment;

(c) to obtain a stamp certificate in relation to the assessment;

[(c) Am. Act 833:s.42]

(d) to obtain an indorsement of stamp duty in a case where section 37 applies;

[(d) Am. Act 833:s.42]

(e) to obtain a review of an assessment in a case where section 38A applies; or

[(e) Ins. Act 833:s.42]

(f) to obtain a refund of duty paid in a case where section 57,
77B PART X MISCELLANEOUS-77B. Electronic assessment and stamping of instruments.

(1) For the purposes of this Act, the issue of a stamp certificate for an instrument shall state an assessment of a duty and any penalty, if any, in relation to the instrument.

(2) A registered person must, on receipt of a stamp certificate issued for the instrument by the Collector, immediately attach the stamp certificate to the instrument.

[Ins. by Act 693/2009: s.63]

77C PART X MISCELLANEOUS-77C. Tax identification number.

For the purposes of this Act, every person shall use the tax identification number assigned by the Director General under section 66A of the Income Tax Act 1967.

[77C. Ins. Act 833:s.43]

78 PART X MISCELLANEOUS-78. Revision of acts of Collector.

All decisions, orders and acts of the Collector shall be open to revision by the Minister of Finance and may by him be ordered to be revised, altered or modified; and any instrument purporting to have been stamped or re-stamped by order of the Minister of Finance shall be received as duly stamped under this Act.

79 PART X MISCELLANEOUS-79. Responsibility for loss or damage.

The Government shall not be responsible for the loss of or for damage to any instrument tendered for stamping whilst in the custody of the Collector, nor shall any officer of the Stamp Office be responsible for such loss or damage, unless he has caused it wilfully fraudulently or by gross negligence.

80 PART X MISCELLANEOUS-80. Power to exempt, reduce or remit duties.

(1) The Minister of Finance may by order published in the Gazette exempt from duty, which would otherwise be chargeable under this Act, any class of any of the instruments belonging to that class, or any instruments when executed by or in favour of any particular class of persons, or by or in favour of any members of that class.

[Am. by Act 644: s.53]

(1A) The Minister of Finance may in any particular case:

(i) exempt from duty any instrument, or all instruments in relation to any scheme, which would otherwise be chargeable under this Act; or

[(i) Am. Act 831:s.48]

(ii) reduce or remit the duties with which any instrument, or all instruments in relation to any scheme, are chargeable under this Act.

[(ii) Am. Act 831:s.48]

(2) The Minister of Finance may by order published in the Gazette reduce
80A PART X MISCELLANEOUS-80A. Fund for Tax Refund.

(1) There shall be paid from time to time into the Fund established under section 111B of the Income Tax Act 1967 such amount of duty collected under this Act as may be authorized by the Minister.

(2) The money of the Fund referred to in subsection (1), shall be applied for the making of a refund of any duty or any other payment required to be made by the Collector under this Act.

(3) Section 14A of the Financial Procedure Act 1957 shall not apply to any refund of any duty or any other payment required to be made under this Act.

(4) Where the Collector is authorized or required by this Act to make any refund of any duty or any other payment required under this Act, he shall certify the amount of the sum to be refunded or paid and cause the refund or payment to be made forthwith.

[Ins. by Act 644: s.54]

80B PART X MISCELLANEOUS-80B. Power of Collector to remit duties.

The duty paid or payable by any person may be remitted wholly or in part on grounds of poverty by the Collector and, where the sum remitted has been paid, the Collector shall repay the same.

[80B. Ins. Act 831:s.49]

81 PART X MISCELLANEOUS-81. Power to compound duties in case of issue of bonds, etc.

The Minister of Finance may by order published in the Gazette provide for the composition or consolidation of duties in the case of issues by any incorporated company or other body corporate of debentures, bonds or other marketable securities.

82 PART X MISCELLANEOUS-82. Rules.

The Minister of Finance may make rules:

(a) [Deleted by Act 851] ;

(aa) to prescribe the stamp certificate and official receipt to be issued under this Act for the payment of stamp duty, to provide for matters relating to issue and validity of the stamp certificate and official receipt.

[(aa) Ins. by Act 693/2009: s.64]

(ab) to prescribe the means of digital stamping to be used under this Act for the payment of stamp duty, to provide for matters relating to the issuance and validity of the digital stamping;

[(ab) Ins. Act 831:s.50]

(b) [Deleted by Act 851] ;

(c) generally for carrying out the purposes of this Act.

83 PART X MISCELLANEOUS-83. Repeal.

The Ordinance, Enactments and Proclamations mentioned in the Fourth Schedule are hereby repealed to the extent specified in the third column of such Schedule:

Provided that any subsidiary legislation, appointments and exemptions made or granted under the written laws repealed by this section shall continue in force and have effect as if they had been made or granted under this Act until superseded by subsidiary legislation, appointments and exemptions made or granted under this Act.