The Finance Act 2021: Key changes to the Stamp Act 1949

Introduction

This article aims to list out the key changes made to the Stamp Act 1949.

Amendments and additions to the Stamp Act 1949

These amendments come into force on 1 January 2022.

1. New section which states that an assessment is final and conclusive where there has been no appeal, the assessment has been determined on appeal and no further right of appeal, or a valid notice of appeal has been given but the appellant dies before the hearing of the appeal.
2. New subsection which states that an RM10 fee is to be chargeable to the collector when there is an exemption on an instrument chargeable with duty of more than RM10.
3. The collector does not need to refund any excess amount of duty erroneously paid.
4. The application period for spoilt stamps has been increased from 12 months to 24 months.
5. Allowance for misused stamps period increased from 12 months to 24 months.
6. The collector may now, via electronic medium, obtain review of assessment or obtain refund of duty paid.
7. Tax identification number (TIN) to be implemented beginning year 2022 to broaden the income tax base.
8. First schedule amended:

   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 RM1,000 of the value of any shares or stock	RM1.50
   (b) For every RM1,000 or fractional part of RM1,000 of the value of any marketable securities	RM1.00