In December 2019, we issued an Alert stating that the scope of the remission of stamp duty on any instrument of transfer of immoveable property operating as a voluntary disposition inter vivos between a mother and/or father and child had been narrowed by the introduction of a condition under the Stamp Duty (Remission) (No. 2) Order 2019 [P.U.(A) 369/2019] (“Remission Order”) that the recipient of the transfer must be a Malaysian citizen.  Our Alert on the Remission Order can be read here.
 
The Remission Order has been revoked retrospectively from 1 April 2023 pursuant to the Stamp Duty (Remission) (Revocation) Order 2023 [P.U.(A) 189/2023] (“Revocation Order”) which was gazetted on 26 June 2023. However, the Revocation Order includes a saving provision which provides that a qualifying instrument of transfer of immovable property executed before 1 April 2023 but has not been presented for stamping shall be entitled to remission under Remission Order.
 
Henceforth, any instrument of transfer of immovable property executed on or after 1 April 2023 operating as a voluntary disposition inter vivos between a mother and/or father and child, will be entitled to stamp duty relief under the Stamp Duty (Exemption) (No. 3) Order 2023¹ [P.U.(A) 178/2023] (“Exemption Order”) subject to the requirements set out in the Exemption Order being satisfied. Our Alert on the Exemption Order can be read here.
 
Alert by Jesy Ooi (Partner) of the Real Estate Practice of Skrine.
 

---