First Schedule of Stamp Act 1949

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FIRST SCHEDULE

[Section 4]
INSTRUMENTS CHARGEABLE WITH STAMP DUTY
Item Description of Instrument Proper Stamp Duty
1 (Deleted by Act 274).
AFFIDAVIT, STATUTORY DECLARATION OR RM10.00
DECLARATION IN WRITING on oath or affirmation,
made before a person authorized by law to administer an
oath
Exemptions
Affidavit or Declaration in writing made-
(i) for the immediate purpose of being filed or
used in any Court or before any Judge or
officer of any Court;
(ii) for the sole purpose of enabling any person
to receive any pension or charitable
allowance;
(iii) by a surety for an officer of the Government
with regard to the surety’s means;
(iv) by any person on acceptance of an
appointment in the service of the
Government;
(v) under section 8 of the *Post Office Act 1947;
(vi) for renewal of Bills of Sale;
(vii) by a public officer that he or she has attained
the appropriate age entitling such officer to a
pension;
(viii) for the Collector under section 57 of this Act;
or
(ix) pursuant to any statute requirement or in
accordance with the directions of any
Government or Agency.
3 AGREEMENT for a lease See lease.
4 AGREEMENT OR MEMORANDUM OF RM10.00
AGREEMENT made under hand only, and not otherwise
specially charged with any duty, whether the same is only
evidence of a contract or obligatory on the parties from
its being a written instrument.
Exemptions
Agreement or Memorandum:
(a) for or relating to the sale of any goods, wares
or merchandise other than a hire-purchase
agreement;
(b) for service or personal employment where the
wages do not exceed RM300 per month, and
any agreement between the master and
mariners of any vessel or boat for wages;
(c) the matter whereof is of a value of less than
RM300;
(d) for the reference of any matter to arbitration;
(e) for the payment of interest on money deposited
in any bank or with any banker.
(f) for the repurchase of negotiable certificate of
deposit whose issue has been authorized by
Bank Negara Malaysia.
Note - An agreement for or relating to the supply of goods
on hire, whereby the goods in consideration of periodical
payments will or may become the property of the person
to whom they are supplied, shall be charged with stamp
duty as an agreement, or, if under seal, as a deed.
4A (Deleted by Act A723).
5 ANNUITY: See lease
Conveyance in consideration of, and instrument creating See Conveyance on Sale and
by way of sale or gift sections 19 and 22
Instrument creating by way of security The same duty as a charge or
mortgage for the amount deemed to
be secured thereby.
6 APPOINTMENT of a RECEIVER under a mortgage RM10.00
7 APPOINTMENT of a new TRUSTEE, and RM10.00
APPOINTMENT in execution of a Power, of any
property, or of any share or interest in any property, by
any instrument not being a Will
8 (Deleted by Act 274).
9 (Deleted by Act 274).
10 (Deleted by Act 812).
11 (Deleted by Act 274).
12 ASSIGNMENT:
By way of security or of any security See Charge
Upon a sale or otherwise See Conveyance
13 ASSURANCE See Policy of Insurance
14 (Deleted by Act 274).
15 (Deleted by Act 274).
16 (Deleted by Act 274).
17 (Deleted by Act 476).
18 (Deleted by Act 476).
19 (Deleted by Act 476).
20 BILL OF SALE:
Absolute See Conveyance
By way of security See Charge
21 BOND for securing the payment or repayment of money See Charge
or the transfer or retransfer of stock
22 BOND, COVENANT, LOAN, SERVICES,
EQUIPMENT LEASE AGREEMENT OR
INSTRUMENT of any kind whatsoever:
(1) Being the only or principal or primary security for any
annuity (except upon the original creation thereof by
way of sale or security, and except a superannuation
annuity), or for any sum or sums of money at stated
periods, not being interest for any sum secured by a
duly stamped instrument, nor rent reserved by a lease
or tack-
(a) for a definite and certain period so that the total The same ad valorem duty as a
amount to be ultimately payable can be charge or mortgage for such total
ascertained. amount.
(b) for the term of life or any other indefinite period-
for every RM100 and also for any RM1.00
fractional part of RM100 of the annuity or
sum periodically payable
[(1) Subs. Act 812:s.68]

(2) Being a collateral or auxiliary or additional or


substituted security for any of the abovementioned
purposes where the principal or primary instrument
is duly stamped —
(a) where the total amount to be ultimately payable One-fifth of the duty on the
can be ascertained principal or primary security, but
so as not to exceed RM10.00
(b) in any other case — 25 sen
For every RM100 and also for any fractional
part of $100 of the annuity or sum periodically
payable.
(3) Being a grant or contract for payment of a RM10.00
superannuation annuity, that is to say a deferred life
annuity granted or secured to any person in
consideration of annual premiums payable until he
attains a specified age, and so to commence on his
attaining that age —
(4) Being the security for payment or repayment of RM10.00
money made for the purpose of pursuing higher
education in higher educational institutions or
pursuing any course of study in any institution
[Am. Act 845:s.21]
(5) Being the security for securing the payment for the The same duty as a LEASE
provision of services or facilities or to other matters
or things in connection with the lease of any
immovable property.
(6) Being the security for securing the payment or RM10.00
repayment of money for the purchase of goods
(within the meaning given under the First Schedule
of the Hire Purchase Act 1967) in accordance with
the conventional hire purchase and Syariah principle
of Al Bai Bithaman Ajil.
[Am. Act 812:s.68]

23 BOND, CHARGE, MORTGAGE or other RM10.00


INSTRUMENT executed by way of INDEMNITY or of
SECURITY for the due execution of an office, or for the
discharge of liabilities, arising out of the execution
thereof, or to account for money received by virtue
thereof
Exemptions
(a) Bond executed by an officer of the Government
or his surety to secure the due execution of an
office or the due accounting for money or other
payments secured by virtue thereof.
(b) Bond for securing the refund to Government of
amounts overpaid to persons appointed by
Government officers to receive their salary or
allowance when absent on leave.
(c) Bonds required to be executed under the
provisions of the Criminal Procedure Code.
24 BOND on obtaining letters of administration where the RM10.00
estate exceeds RM50,000.00.
Exemptions
Bond given by any person when the estate to be
administered does not exceed RM50,000.00 in value.
25 BOND of any kind whatsoever not specifically charged RM10.00
with any duty
26 (Deleted by Act 274).
27 CHARGE OR MORTGAGE, AGREEMENT FOR A
CHARGE OR MORTGAGE (including that under the
Syariah), BOND, COVENANT, DEBENTURE (not
being a marketable security) BILL OF SALE by way of
security and WARRANT OF ATTORNEY to confess and
enter up judgment:
(a) Being the only or principal or primary security
(other than an equitable mortgage or an
assignment of receivables or the kind
mentioned in paragraph (d)) for the payment or
repayment of money—
(i) where the loan is to a small and
medium enterprise or financing is
provided to a small and medium
enterprise according to the syariah-
For an amount not exceeding RM0.50 for every RM1,000 or
RM250,000 of the aggregate loans or of fractional thereof
the aggregate financing under the
syariah in a calender year
For each additional RM1,000 not RM2.50 for every RM1,000 or
exceeding RM1,000,000 fractional thereof
For each additional RM1,000 or part RM5.00
thereof
(ii) where the loans is a foreign currency RM5.00 for every RM1000 or part
loan or the financing was made thereof but the total duty payable
according to the syariah in currencies shall not exceed RM2,000
other than the ringgit
[Am. Act 823:s.28]
(iii) in any other case-
For each RM1000 or part thereof RM5.00
(b) Being a collateral or auxiliary or additional or One-fifth of the duty on the
substituted security (other than an equitable principal or primary security but
mortgage) or by way of further assurance for so as not to exceed RM10.00.
the above-mentioned purpose where the
principal or primary security is duly stamped.
(c) An equitable mortgage One-half of the duty which would
be chargeable on a mortgage for
the amount secured.
(d) A charge or a mortgage on or an assignment by
way of security of accounts receivables to a
bank, merchant bank or finance company
licensed under the Banking and Financial
Institutions Act 1989 or under the Islamic
Banking Act 1983 or a scheduled institution as
defined under section 2 of the Banking and
Financial Institutions Act 1989 or any statutory
body, agency of the Government or of the State
Government, or any company in which the
Government or the State Government has
interest, which provides financing to a small
and medium enterprise, pursuant to an
agreement for discounting invoices or hire
purchase receivables.
[Am. Act 845:s.21]
(e) Transfer, assignment or disposition of any Two-fifths of the duty which
charge or mortgage, bond, covenant or would be chargeable on a charge
debenture (not being a marketable security) or or mortgage for the amount
of any money or stock secured) by any such transferred.
instrument or by any warrant of attorney to
enter up judgment or by any judgment
And also where any further money is added to The same duty as a principal
the money already secured security for such further money.
(f) (Deleted by Act A723).
(g) Charge or mortgage execute in pursuance of a RM10.00
duly stamped agreement for the same, on
production of such agreement to the Collector
(h) In any other case RM10.00
28 (Deleted by Act 274).
29 CHEQUE (unless compounded for) 15 cent
29A CONSTITUTION OF A COMPANY RM200.00
[29A. Ins. Act 812:s.68]
30 CONTRACT See Agreement.
31 CONTRACT NOTE:
Relating to the sale of any shares, stock or marketable
securities in companies incorporated in Malaysia or
elsewhere-
(a) For every RM1,000 or fractional part of RM1.50
RM1,000 of the value of any shares or stock
(b) For every RM1,000 or fractional part of RM1.00
RM1,000 of the value of any marketable
securities
[Subs. Act 833:s.44]
32 CONVEYANCE, ASSIGNMENT, TRANSFER OR
ABSOLUTE BILL OF SALE:
(a) On sale of any property (except stock, shares, For every RM100 or fractional part
marketable securities and accounts receivables of RM100 of the amount of the
or book debts of the kind mentioned in money value of the consideration
paragraph (c)) or the market value of the property,
whichever is the greater-
(i) RM1.00 on the first
RM100,000;
(ii) RM2.00 on any amount in
excess of RM100,000 but
not exceeding
RM500,000;
(iii) RM3.00 on any amount in
excess of RM500,000 but
not exceeding
RM1,000,000
[(iii) Am. Act 812:s.68]
(iv) RM4.00 on any amount in
excess of RM1,000,000
[(iv) Ins. Act 812:s.68]
(b) On sale of any stock, shares or marketable RM3.00
securities, to be computed on the price or value
thereof on the date of transfer, whichever is the
greater-
For every RM1000 or fractional part of
RM1000
(c) On the absolute sale of any accounts RM10.00
receivables or book debts to a bank, merchant
bank, or finance company licensed under the
Banking and Financial Institutions Act 1989 or
under the Islamic Banking Act 1983 or a
scheduled institution as defined under section
2 of the Banking and Financial Institutions Act
1989 or any statutory body, agency of the
Government or of the State Government, or any
company in which the Government or the State
Government has interest, which provides
financing to a small and medium enterprise,
pursuant to a factoring agreement
[Am. Act 845:s.21]
(d) Of any property by way of security or any See Charge.
security other than a marketable security
(e) Of any property as above where the transaction
is between trustees and where -
(i) the beneficial interest in the property Duty as in (a), (b) or (c).
passes
(ii) the beneficial interest in the property RM10.00
does not pass
(f) Of any property, for the purpose of effectuating RM10.00
the appointment of a new trustee or the
retirement of a trustee although no new trustee
is appointed
(g) Of any property by way of settlement See Settlement
(h) Of any property by way of gift (whether by way See Gift and subection 116(1)
of voluntary disposition or otherwise)
(i) Of any kind not otherwise specially charged RM10.00
with duty
Exemptions
(a) Transfers on sale of land for the recovery of
land revenue;
(b) Transfers by endorsement -
(i) of a bill of exchange, cheque or
promissory note;
(ii) of a bill of lading, warrant for goods or
other mercantile document of title to
goods;
(iii) of a policy of insurance other than a
policy of life insurance;
(iv) of charges on rates and taxes authorized
by any written law for the time being in
force in Malaysia;
(v) of securities of the Government of
Malaysia or of any State.
(c) Transfer of units of a unit trust.
(d) Transfer or assignment on sale of any
copyright, trade mark, patent or any similar
right.
33 (Deleted by Act 274).
34 COUNTERPART OR DUPLICATE of any instrument
chargeable with duty, and in respect of which the proper
duty has been paid -
(a) If the duty with which the original instrument The same duty as the original.
is chargeable does not exceed RM10.00
(b) In any other case RM10.00
35 COVENANT:
Any separate instrument or deed of covenant (not being RM10.00
an instrument or deed chargeable with ad valorem duty
as a conveyance or charge or mortgage) made on the sale,
charge or mortgage of any property, or of any right or
interest therein, and relating solely to the conveyance or
enjoyment of or the title to the property sold, charged or
mortgaged, or to the production of the documents of title
relating thereto, or to all or any of the matters aforesaid
36 DEBENTURE See Marketable Security and
Charge
37 DECLARATION of any use or trust of or concerning any RM10.00
property by any writing, not being a will, or an instrument
chargeable with duty as a settlement
38 DEED of any kind not described in this Schedule RM10.00
39 DISCHARGE OF CHARGE See Re-Conveyance, etc.
40 DISSOLUTION OF PARTNERSHIP See Partnership.
41 DUPLICATE See Counterpart.
42 EQUITABLE MORTGAGE See Charge (or Mortgage).
43 EXCHANGE. Any instrument whereby an exchange of (a) In the case specified in
any property is effected. section 20A: see that section;
(b) In any other case RM10.00.
44 (Deleted by Act 274).
45 FURTHER CHARGE See Charge.
46 GIFT See subsection 16(1).
47 INDEMNITY BOND See Bond (Item 23).
48 INSURANCE See Policy of Insurance.
49 LEASE OR AGREEMENT FOR LEASE: of any
immovable property and for securing the payment for the
provision of services or facilities or to other matters or
things in connection with such lease:
(a) Without fine or premium when the average rent When the Lease is for a period
and other considerations calculated for a whole
year -
Not Exceeding Exceeding
Exceeding one but not three years
one year exceeding or for any
three years indefinite
period

(i) Does not exceed RM2,400 Nil Nil Nil


(ii) For every RM250 or part thereof in 1.00 2.00 4.00
excess of RM2,400
(b) In consideration of a fine or premium and The same duty as for a conveyance
without rent of other considerations for a sum equal to the amount of
such consideration.
(c) In consideration of a fine or premium and The same duty as for a conveyance
reserving a rent or other considerations on sale in consideration of the fine
or premium and a lease for the rent.
(d) Where a percentage or proportion, or the value RM10.00
of a percentage or proportion, of the produce of
the land is reserved or payable to the lessor
Note—This duty is in addition to any duty
which may be chargeable under (a), (b) or (c)
above on account of any specified rent, fine or
premium
(e) In pursuance of a duly stamped agreement for RM10.00
the same on production of such agreement to
the Commissioner
(f) In any other case RM10.00
Exemption
Agricultural Lease or Agreement for Agricultural Lease
for any definite term not exceeding three years when the
rent reserved does not exceed two hundred ringgit a year.
49A LEASE OR AGREEMENT FOR LEASE UNDER THE The same ad valorem duty as upon
PRINCIPLES OF AL-IJARAH of the Syariah law for the a charge or mortgage for such total
purpose of financing or securing repayment of money amount.
50 LETTER OF GUARANTEE RM10.00
50A LETTER OF HYPOTHECATION RM10.00
51 LETTER OF ALLOTMENT AND LETTER OF RM10.00
RENUNCIATION or any document having the effect of
a letter of allotment of shares in any company or proposed
company or in respect of any loan raised or proposed to
be raised by any company or proposed company
52 MARKETABLE SECURITY:
(a) Not being a security transferable by delivery, The same ad valorem duty
for or in respect of the money thereby secured according to the nature of the
security as upon a mortgage.
(b) Being a security transferable by delivery 50 sen for every RM100 or
fractional part of RM100 of the
nominal value of the security.
(c) Transfer, assignment, or disposition of a See Conveyance.
marketable security
53 (Deleted by Act 812).
54 (Deleted by Act 274).
55 (Deleted by Act 274).
56 (Deleted by Act A723).
57. PARTNERSHIP:
(a) Instrument of RM10.00
(b) Dissolution of RM10.00
58 POLICY OF INSURANCE:
(1) (a) Policy of Sea Insurance including time policies RM10.00
or policies for covering a vessel or her
machinery or fittings whilst under construction
or repair or on trial, whether the period exceeds
twelve months or not
(b) For policies containing a continuation clause, RM10.00
additional duty
NOTE - When a policy of sea insurance is drawn in a set
according to the custom of marine insurers and one of the
set is duly stamped, the other or others of the set shall,
unless issued or in some manner negotiated apart from
such duly stamped policy, be exempt from duty; and,
upon proof of the loss or destruction of a duly stamped
policy forming one of a set, any other policy of the set
which has not been issued or in any manner negotiated
apart from such lost or destroyed policy may although
unstamped, be admitted in evidence to prove the contents
of such lost or destroyed policy.
(2) FIRE POLICY -
For all policies and renewals irrespective of the sum RM10.00
insured or the term
(3) ACCIDENT POLICY and policy of Insurance for RM10.00
any payment agreed to be made during the sickness
of the insured person or his incapacity from personal
injury, or by way of indemnity against loss or
damage of or to any property of the insured person.
(4) LIFE POLICY RM10.00
Exemption RM10.00
Where the sum insured does not exceed RM5,000.
(5) RE-INSURANCE BY AN INSURANCE
COMPANY which has granted a Policy of Sea
Insurance or a Policy of Fire Insurance with another
Company by way of indemnity or guarantee, against
the payment on the original insurance of a certain
part of the sum insured thereby irrespective of the
sum insured or the term
(6) THIRD PARTY POLICY –
RM10.00
(a) Covering liability of the insured towards others
(b) WORKMEN’S COMPENSATION
(EMPLOYER’S LIABILITY):
Policy covering the liability of the insured to RM10.00
pay compensation to a workman or employee
in regard to sickness or personal injury
(7) COMPREHENSIVE POLICY -
Combining any two or more of the following risks - RM10.00
fire, personal injury, or sickness of the insured,
damage, loss, theft and third party claims
(8) Any other Insurance Policy not specifically provided RM10.00
for -
General Exemption
Letter of cover or engagement to issue a policy of
insurance:
Provided that unless such letter or engagement bears
the stamp prescribed by this Act for such policy
nothing shall be claimable thereunder, nor shall it be
available for any purpose except to compel the
delivery of the policy therein mentioned.
59 POWER OR LETTER OF ATTORNEY: RM10.00
Exemption
For the sole purpose of appointment or authorising any
person to vote as proxy at a meeting of a Company or
Association
60 PROMISSORY NOTE:
(a) executed in favour of a bank, merchant bank or RM10.00
borrowing company in Malaysia approved by
the Minister of Finance
(b) others RM10.00
61 PROTEST OF NOTE, that is to say, any declaration in RM10.00
writing made by a Notary Public, or other person lawfully
acting as such, attesting the dishonour of a promissory
note.
62 (Deleted by Act 274).
63 (Deleted by Act 274).
64 (Deleted by Act 476).
65 RECONVEYANCE OF CHARGED OR MORTGAGED Same duty as charge itself but
PROPERTY) RE-ASSIGNMENT, RELEASE, subject to a maximum of
DISCHARGE, SURRENDER OR RENUNCIATION of RM10.00.
any security or of the benefit thereof or of the money
thereby secured:
66 RELEASE OR RENUNCIATION that is to say, any
instrument whereby a person releases any property:
(a) If on sale The same duty as a conveyance on
sale.
(b) If by way of security The same duty as a charge or
mortgage.
(c) If by way of gift The same duty as a conveyance by
way of gift.
(d) In any other case not otherwise specially RM10.00
charged with duty
67 REVOCATION of Power or Letter of Attorney The same duty as is payable on the
Power or Letter of Attorney.
68 REVOCATION of any use or trust of any property by any RM10.00
writing not being a will.
69 SETTLEMENT being an Instrument of Settlement or See section 16 and item 32:
Agreement for a settlement Conveyance.
70 (Deleted by Act 513).
71 SHARE WARRANT OR STOCK CERTIFICATE to RM1.00 for every RM100 or
bearer fractional part of RM100 of the
nominal value of the shares or
stock specified in the warrant
72 (Deleted by Act 274).
73 SUBSTITUTION UNDER OR IN VIRTUE OF A The same duty as is payable on the
POWER OF ATTORNEY and any such instrument Power or Letter of Attorney
cancelling or varying any such substitution
74 SURRENDER OF CHARGE See Reconveyance, etc.
75 SURRENDER OF LEASE:
(a) When the duty with which the lease is The duty with which such lease is
chargeable does not exceed RM10.00 chargeable
(b) In any other case RM10.00
76 TRANSFER See Conveyance
77 TRUST See Declaration and Conveyance
78 TRUST RECEIPT granted on the occasion of a loan or RM10.00
overdraft on goods, if unattested
78 (Deleted by Act 274).
80 (Deleted by Act 274).

*NOTE—The Post Office Act 1947 [Act 211] has since been repealed by the Postal Services Act
1991 [Act 465] – see subsection 50(1) of Act 465.
GENERAL EXEMPTIONS

[Section 35]

1. All instruments of any kind whatsoever, and all counterparts or duplicates of such
instruments, made or executed by or on behalf or in favour of a Ruler of a State or the
Government of Malaysia or of any State, where, but for this exemption, the Ruler or t he
Government would be liable to pay the duty chargeable in respect of such instrument. The
above exemption does not extend to any instrument or writing signed or executed by any
officer as Official Administrator (or, in the case of Sabah, as Administrator General) or
Public Trustee or by a receiver appointed by the Court; or to any instrument rendered
necessary by any written law or order of Court; or to a sale made for the recovery of an arrear
of revenue or in satisfaction of a decree or order of Court.

2. Any grant or lease made on behalf of the Government by virtue of the National Land
Code [Act 56 of 1965] or the National Land Code (Penang and Malacca Titles) Act 1963 [Act
518] or the Land Ordinance of Sabah [Sabah Cap. 68] or the Land Ordinance of Sarawak
[Sarawak Cap. 81].

3. Any instrument for the sale, transfer or other disposition, either absolutely or by way
of charge or otherwise, of any ship or vessel or any part, interest, share or property of or in
any ship or vessel registered or licensed under the Merchant Shipping Ordinance 1952 or
under any law for the time being in force in any part of Malaysia.

4. Any instrument relating exclusively to immovable property situate out of Malaysia or


relating exclusively to things done or to be done out of Malaysia.

5. All instruments relating solely to the business of any society registered under any
written law relating to co-operative societies, and executed by an officer or member of such
society, the duty on which would, but for the exemption hereby granted, be payable by such
officer or member.

6. An instrument executed pursuant to a scheme of financing approved by the Central


Bank, the Labuan Financial Services Authority, the Malaysia Co-operative Societies
Commission or the Securities Commission as a scheme which is in accordance with the
principles of Syariah, where such instrument is an additional instrument strictly required for
the purpose of compliance with those principles but which will not be required for any other
schemes of financing.

7. (Deleted by Act A723).

8. (Deleted by Act A723).

9. (Deleted by Act A723).

10. (Deleted by Act A723).

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