Stamp Act 1949 · Updated to 1 Jan 2026 · Part II · Provisions Applicable to Instruments Generally
12A. Assessment of the value of property under transfer or settlement
Feedback & supportWhere an instrument is chargeable with duty under Item 32(a),
or (ab) of the First Schedule, the date for determining the market value of any property being transferred, settled or gifted shall be—
property
“property” includes movable or immovable property and any estate or interest in any property movable or immovable, whether in Stamp 17 possession, reversion, remainder or contingency, and any debt, and anything in action, and any other right or interest in the nature of property which is capable of being disposed of and has a value in it;
in the case of a settlement or gift, the date of execution of the instrument of trust or settlement or gift;
settlement
“settlement” means any non-testamentary disposition in writing whether made voluntarily or upon a good or valuable consideration other than a bona fide pecuniary consideration whereby any definite and certain property is settled or agreed to be settled in any manner for any purpose whatsoever;
in the case of a transfer implementing a sale under a duly stamped agreement of sale and purchase, the date of execution of that agreement;
duly stamped
“duly stamped”, as applied to an instrument, means — (a) the instrument bears an adhesive or impressed stamp of not less than the proper amount or the amount of initial duty or the amount of advance duty paid under subsection 37(1) and that such stamp has been affixed or used in accordance with the law for the time being in force; (b) any official receipt for the proper amount or the amount of initial duty or the amount of advance duty is affixed to the instrument; (c) a stamp certificate for the proper amount or the amount of initial duty or the amount of advance duty is attached to the *NOTE―The Securities Industry Act 1983 was repealed by the Capital Market and Services Act 2007 —see section 381…
in the case of a transfer of any property granted by a statutory body, a local authority or any co-operative society registered under any laws relating to co-operative societies, the date when the final terms of transfer had been communicated to the transferee, and in the case of subsequent resale of that property, the date of consent by the statutory body or local authority or the board of the co-operative society for that resale;
in the case of a transfer under a duly stamped sale and purchase agreement where financial arrangements have been made in accordance with the Syariah, the date of execution of agreement; or
execution
“executed” and “execution”, used with reference to instruments not under seal, mean “signed” and “signature”;
in any other case, the date of execution of the instrument of transfer.
28 Laws of Malaysia ACT 378