Love and Affection Transfer Malaysia 2023

Love and Affection Transfer is a transfer of property between immediate family members with an exemption of stamp duty.

In this context- Love And Affection Transfer, family member means between spouses and parents and children.

So, if you have a property and would like to transfer to your spouse or your children, the law has an exemption of stamp duty for it.

According to the law, the stamp duty exemption for Love And Affection Transfer between family members as follows:

a. Husband to Wife : 100%

b. Wife to Husband : 100%

c. Mother and/or Father to Child : 50%

d. Child to Mother and/or Father : 50%

These are the remission order for the Love And Affection Transfer without any expiry date.

Stamp Duty (Remission) (No. 7) Order 2002 (P.U. (A) 434): For parents and children.

This is a ministerial order which provides for the remission of 50% of stamp duty chargeable on any instrument of transfer of immovable property between parents and child. This order had since been in effect from 01.01.2003.

Stamp Duty (Exemption) (No. 10) Order 2007 (P.U. (A) 420): Between spouses.

This is another ministerial order which provides for full exemption of stamp duty chargeable on any instrument of transfer of immovable property between spouses. This order had since been in effect from 08.09.2007, superseded P.U. (A) 434 in terms of stamp duty chargeable on the instrument of transfer of property between spouses.

Here I have a few examples of stamp duty calculation for Love And Affection Transfer.

For example, the Market Value upon Transfer is RM500,000.

A. Between Husband and Wife

Actual Stamp Duty : RM9000

Exemption Rate : 100%

Payable Stamp Duty : RM0.00

B. Between Parents and Child

Actual Stamp Duty : RM9000

Exemption Rate : 50%

Payable Stamp Duty : RM4500.00

C. Between Sibling

Actual Stamp Duty : RM9000

Exemption Rate : 0%

Payable Stamp Duty : RM9000

D. Parents Transfer 50% shares of property to a child

Actual Stamp Duty : RM4500

Exemption Rate : 50%

Payable Stamp Duty : RM2250.00

You might also like to read this article, Transfer of Property Between Family Members in Malaysia – Love and Affection Property Transfer and Transfer Property To Family Member.

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