First Schedule of Stamp Act 1949
First Schedule of Stamp Act 1949
First Schedule of Stamp Act 1949
[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]
*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.
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.