Akta Kewangan 2007 · Updated to 1 Oct 2018 · Bab III · Pindaan Kepada Akta Setem 1949
60. Seksyen baharu 36a dan 36b
Official textFrom Laws of Malaysia Online, unchanged
Akta ibu dipinda dengan memasukkan selepas seksyen 36
seksyen yang berikut:
“Initial duty 36a. (1) Notwithstanding section 36 but subject to section 36b, the Collector may, on an application made by any person in respect of an instrument for the transfer of an immovable property, assess the initial duty for which the instrument is chargeable.
The application made under subsection (1) shall contain particulars or evidence deemed necessary to prove the facts affecting the liability of the instrument to duty and any valuation report, prepared by a person privately practising
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as a valuer, on the market value of the immovable property shall for the purposes of this section be sufficient evidence for the Collector to make an assessment on the initial duty for which the instrument is chargeable.
For the purposes of this section, a person shall—
pay a fee of ten ringgit; and
furnish in a form of a bank guarantee payable to the
Collector, as security for payment of further duty chargeable on the instrument, if any, valid for a period of not less than six months, of which the value of the bank guarantee shall be determined in accordance with the following formula:
A – B where
A is the duty chargeable on such instrument based on the value of immoveable property where the value is ascertained in accordance with the following formula:
Y x 100
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where
Y is the market value of such property as submitted by that person;
B is the amount of duty chargeable on such instrument based on the market value submitted by that person.
Additional duty 36b. (1) Where section 36a applies and it appears to the
Collector that based on the market value of the property as ascertained by a valuer employed by the Government, the proper amount of duty chargeable on the instrument is higher than the initial duty paid, he may within three months after
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the payment of the initial duty make an additional assessment on a person liable to pay such duty in the additional amount of duty chargeable.
As soon as may be after the additional assessment has been made under subsection (1) the Collector shall cause a notice of additional assessment to be served on the person liable to pay duty in respect of such assessment.
A notice of additional assessment shall be in appropriate form and shall indicate in addition to any other material included therein—
the proper amount of duty chargeable, the initial duty paid and amount of additional duty chargeable on the instrument;
the place at which payment is to be made;
the increased sum imposed under subsection (6); and
any right of appeal which may exist under this Act.
The duty chargeable under an assessment shall be due and payable on the service of the notice of additional assessment to the person liable to pay the duty.
Where duty due and payable under subsection (4)
has not been paid within thirty days after the service of the notice of additional assessment—
the Collector shall call upon the bank guarantee furnished to satisfy that amount of duty payable;
and
if the bank guarantee amount is insufficient to satisfy such amount, the remaining duty unpaid, shall without any further notice being served, be increased by an amount of ten per cent of such duty so unpaid.
Where the proper amount of duty chargeable under subsection (1) exceeds the total sum of initial duty paid and bank guarantee furnished, by an amount of more than thirty per cent of that proper amount of duty chargeable, the difference between that amount and thirty per cent of the proper duty chargeable shall be increased by a sum equal to ten per cent of the amount of that difference.
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The amount of duty unpaid and the increased amount under paragraph (5)(b), and increased sum under subsection (6) shall be recoverable as a debt due to the
Government.”.
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