29/01/2026
Yesterday the Malaysian tax authority, LHDNM published guidelines on stamp duty voluntary disclosure program. The 100% penalty waiver under this program applies to documents signed between calendar year 2023 to 2025.
Here are the salient points:
1. Prior to 1st Jan 2025, failure to stamp dutiable instruments attracts penalty amounting to 20% of the unpaid duty, subject to a minimum of RM100. The entire penalty is waived if the instrument is submitted for stamping AND duty paid within the period 1 Jan to 30 June 2026.
2. There is no need to make any application for the penalty waiver. System will impose penalty in the assessment but upon payment of duty, the penalty will be AUTOMATICALLY waived. Convenient - just don't forget to pay by 30/6.
3. There is no refund for companies who paid the Sec 47A penalty, even if they had participated voluntarily earlier under the 50% penalty waiver basis.
4. Instruments stamped under this program will not be audited but do bear in mind that the perks of the program do not apply in cases that are deemed to have elements of fraud !
5. Companies participating in the voluntary disclosure are not precluded from being audited in relation to other instruments - the program's protection is limited to instruments stamped during the period only. Hence, it is vital for industry players to perform comprehensive health check amid participation in this program.
6. Instruments executed/signed in 2026 are not eligible for this program. Pursuant to a separate scheme, instruments stamped in 2026 are not subject to the 100% penalty in relation to undercharged duty in the return form – such waiver applies to both voluntary disclosure and audit findings (irrespective of the findings are in 2026 or in later years).
7. Employment contracts executed prior to 1 Jan 2025 are exempted from stamp duty. Those executed in 2025 but overlooked to stamp would qualify for penalty waiver under the SD-VD program.
Read IRB full announcement here :
https://tratax.my/wp-content/uploads/2026/01/SDK-28-Jan-2026.pdf
We Look forward to discuss more on 10th Feb - https://tratax.my/stamp-duty-forum-compliance-optimisation-upcoming/