STAMP DUTY
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Merger of Stock Broking Companies |
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(a) |
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All instruments executed on or after
1st January, 2001 pursuant to a scheme of merger or acquisition by a member company
resulting in a universal broker company are exempted from stamp duty under the Stamp
Duty (Exemption)(No.34) Order 2002 provided: -
i) |
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the scheme of merger or acquisition
has been approved by the Securities Commission; and |
ii) |
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the instrument of agreement for merger
or acquisition has been executed during the period between 1st January, 2001 until
31st December, 2002; |
For the purpose of this Order: -
"an instrument of agreement for merger or acquisition" means a merger,
acquisition or sale and purchase agreement pursuant to an approved scheme of merger
or acquisition;
"a member company" has the meaning assigned to it under Subsection 2 (1)
of the Securities Industry Act 1983 [Act 280]; and
"an universal broker company" means a member company that has been granted
universal broker status by the Securities Commission.
This exemption takes effect from 1st January, 2001. |
(b) |
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All instruments executed during the
period between 30th October, 1999 until 31st December 2000 pursuant to a scheme of
merger of stockbroking companies approved by the Securities Commission are exempted
from stamp duty under the Stamp Duty (Exemption)(No.35) Order 2002.
This exemption revokes the Stamp Duty (Exemption)(No.5) Order 2000 and
is deemed to have come into force on 30th October, 1999. |
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2. |
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Merger of Insurance Companies |
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The Stamp Duty (Exemption)(No.18)
Order 2002 provides for exemption of stamp duty for all instruments executed
pursuant to a scheme of merger of insurance companies completed between 1st April,
1999 until 30th June, 2002 and approved by Bank Negara Malaysia.
The completion of the merger scheme is on the date Bank Negara Malaysia receives
the sale and purchase agreement or the conditional sale and purchase agreement signed
by the relevant insurance company for the purpose of the merger.
The exemption is effective from 1st April, 1999. |
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3. |
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Purchase of Property from Developers |
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(a) |
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The Stamp Duty (Exemption)(No.22)
Order 2002 provides for exemption of stamp duty on specified instruments for
the purchase of property (completed units) from a registered developer during the
period between 28th March, 2001 to 31st December, 2001. The developer must be registered
with the Real Estate and Housing Developersí Association of Malaysia, Sabah Housing
Developersí Association (1992) or Sarawak Housing Developersí Association.
'Property' here refers to:-
i) |
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residential houses, condominium units,
apartments and flats; |
ii) |
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office lots including shop houses
and shop offices; |
iii) |
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shop lots in shopping complexes;
and |
iv) |
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industrial buildings and factories. |
This exemption revokes the Stamp Duty (Exemption)(No.6) Order 2001 and is
deemed to have come into operation on 28th March, 2001. |
(b) |
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The Stamp Duty (Exemption)(No.23)
Order 2002 provides for the exemption of stamp duty on specified instruments
for the purchase of residential property executed between 1st January, 2002 to 30th
June, 2002 from a developer who is registered with the Real Estate and Housing Developers'
Association of Malaysia, Sabah Housing Developers' Association (1992) or Sarawak
Housing Developers' Association.
The exemption takes effect from 1st January, 2002. |
(c) |
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Under the Stamp Duty (Exemption)(No.24)
Order 2002 instruments described below for the purchase of residential property
from a statutory body established under the State or Federal Law between 1st January,
2002 to 30th June, 2002 are exempted from stamp duty:-
i) |
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All instruments of Sale and Purchase
Agreement executed between the purchaser and the statutory body or between the purchaser
and the statutory body and the developer on or after 1st January, 2002 but not later
than 30th June, 2002. |
ii) |
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All instruments effecting the transfer
of title of the property from the statutory body to the purchaser named in the Sale
and Purchase Agreement in paragraph (i). |
iii) |
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All instruments in the nature of
security executed between the purchaser named in the Sale and Purchase Agreement
in paragraph (i) and a bank or financial institution or employer under an employee
housing loan scheme for money advances to finance the purchase of the property. |
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The exemption came into operation on 1st January, 2002. |
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4. |
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Corporate Debt Restructuring Scheme |
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Instruments executed pursuant to
a corporate debt restructuring scheme completed between 1st January, 2002 and 30th
June, 2002 under the supervision of the Corporate Debt Restructuring Committee, Bank
Negara Malaysia, or under Pengurusan Danaharta Nasional Berhad are exempted from
stamp duty under the Stamp Duty (Exemption)(No.8) Order 2002. |
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5. |
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Bai Inah Sale / Purchase Agreement |
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The Stamp Duty (Exemption)(No.38)
Order 2002 provides for the exemption of stamp duty on all instruments of the
Bai Inah Sale Agreement or the Bai Inah Purchase Agreement executed between a customer
and a financial institution made under the principles of the Syariah law for the
purpose of the issuance of credit cards.
For the purpose of this Order :-
"a financial institution" means any financial institution licensed under
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i) |
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the Banking and Financial Institutions
Act, 1989; |
ii) |
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the Islamic Banking Act 1983; |
iii) |
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development financial institutions
supervised under Section 2 of the Development Financial Act 2002; or |
iv) |
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any institution approved by Bank
Negara Malaysia. |
This exemption came into operation on 23rd April, 2002. |
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