Stamp Duty for Foreigners Buying Property in Malaysia: Rates and Restrictions
Edited by Teh Kim Guan, ACMA, CGMA · Updated 2026-06-24
Foreign buyers purchasing residential property in Malaysia pay a flat 8% stamp duty on the instrument of transfer (MOT), effective 1 January 2026 under Budget 2026. This is double the previous 4% flat rate and sits well above the tiered 1 to 4% scale that Malaysian citizens and permanent residents pay.
If you are a non-citizen or a foreign-owned company buying residential property in Malaysia, stamp duty is your single largest transactional tax. This guide walks through every layer of the cost: the federal MOT duty, state levies, minimum purchase thresholds, and the real property gains tax (RPGT) you will pay when you eventually sell.
What changed in 2026
Before 1 January 2026, all non-citizens and foreign-incorporated companies paid a flat 4% on the MOT when buying residential property. The Stamp Duty (Amendment) Act under Budget 2026 raised that flat rate to 8% for residential transactions. The change applies to instruments of transfer executed on or after 1 January 2026, regardless of when the Sale and Purchase Agreement (SPA) was signed.
Commercial and industrial property purchases are not affected by this change. Those transactions continue to use the standard tiered rates applicable to all buyers.
MOT stamp duty rates at a glance
| Buyer category | Property type | Stamp duty rate |
|---|---|---|
| Malaysian citizen / PR | Residential | 1% on first RM100,000; 2% on next RM400,000; 3% on next RM500,000; 4% above RM1 million |
| Non-citizen / foreign company | Residential | Flat 8% on full purchase price (from 1 Jan 2026) |
| Any buyer | Commercial / industrial | Standard tiered rates (same as citizens) |
Source: LHDN, Stamp Duty Act 1949 as amended; Ministry of Finance Budget 2026 announcement.
How to calculate your MOT stamp duty
Stamp duty is assessed on whichever is higher: the purchase price stated in the SPA or the market value as determined by LHDN. If a valuer disputes the transaction price, LHDN will substitute its own figure.
Example: RM1,000,000 residential condominium
| Calculation | Amount |
|---|---|
| 8% flat rate on RM1,000,000 | RM80,000 |
| Equivalent cost for a Malaysian citizen buying the same unit | RM24,000 |
| Premium paid for being a foreigner | RM56,000 |
Example: RM2,000,000 landed house
| Calculation | Amount |
|---|---|
| 8% flat rate on RM2,000,000 | RM160,000 |
| Equivalent cost for a Malaysian citizen buying the same unit | RM54,000 |
| Premium paid for being a foreigner | RM106,000 |
The gap widens sharply at higher price points because citizens benefit from progressive tiers while foreigners pay a single flat percentage on the entire sum.
State levies: an additional layer of cost
Beyond federal stamp duty, most Malaysian states charge a separate state consent fee or levy on foreign property purchases. These amounts are set by each state authority and are subject to change. Always confirm the current rate with a licensed Malaysian lawyer before committing to a purchase.
| State | Foreign buyer levy / consent fee (indicative 2025-2026) |
|---|---|
| Kuala Lumpur (Federal Territory) | No state levy; federal stamp duty only |
| Selangor | State consent fee applies; confirm with solicitor |
| Penang (island) | Approx. 3% of purchase price for strata; additional for landed |
| Johor | 3% or minimum RM30,000, whichever is higher |
| Melaka | Consent fee applies; confirm rate with solicitor |
| Sabah | Consent fee applies; no direct foreign title restriction for most property types |
| Sarawak | Consent fee applies; some property types restricted to locals |
Note: State levies are separate from stamp duty and are paid to the relevant state authority, not LHDN.
Minimum purchase price requirements by state
Malaysia imposes minimum purchase price thresholds on foreign buyers to protect the affordable-housing segment. These thresholds are set by state governments and vary significantly.
| State | Minimum price (residential strata) | Minimum price (landed) |
|---|---|---|
| Kuala Lumpur | RM1,000,000 | RM1,000,000 |
| Selangor (Zone 1 and 2) | RM2,000,000 | RM2,000,000 |
| Selangor (Zone 3) | RM1,000,000 | RM1,000,000 |
| Penang Island | RM1,000,000 | RM3,000,000 |
| Penang Mainland | RM500,000 | RM1,000,000 |
| Johor | RM1,000,000 | RM1,000,000 |
| Melaka | RM500,000 | RM1,000,000 |
| Sabah | RM500,000 | RM500,000 |
| Sarawak | RM500,000 | RM500,000 |
These thresholds apply at the point of purchase. A transaction below the state minimum will be rejected by the state land authority and the transfer cannot be registered.
Other property types: what foreigners cannot buy
Federal and state laws restrict certain categories regardless of price:
- Malay Reserve Land: Cannot be purchased by non-Malays, including foreign nationals.
- Low-cost and low-medium-cost units: Reserved for Malaysian citizens under national affordable-housing policy; foreigners cannot purchase these regardless of willingness to pay.
- Agricultural land: Generally restricted; requires special approval from the state land authority.
- Bumiputera-quota units: Units allocated under bumiputera requirements are released to the open market only after a set period and subject to state conditions. See the guide on bumiputera quota and lot consent for details.
Real Property Gains Tax when you sell
The purchase taxes above cover buying. When you sell, non-citizens face a separate Real Property Gains Tax (RPGT) administered by LHDN.
| Holding period | RPGT rate for non-citizens | RPGT rate for Malaysian citizens |
|---|---|---|
| Year 1 to 5 | 30% of chargeable gain | 30% (year 1-3), 20% (year 4), 15% (year 5) |
| Year 6 and beyond | 10% of chargeable gain | Exempt |
Malaysian citizens who hold beyond year 5 are fully exempt from RPGT. Non-citizens never reach zero: the rate floors at 10% no matter how long they hold.
Chargeable gain is the sale price minus the original purchase price, legal fees, agent commissions, and allowable improvement costs. RPGT is filed and paid through LHDN within 60 days of the sale date.
Total transaction cost: a worked example
A foreign buyer purchasing a RM1,500,000 residential condominium in Kuala Lumpur in 2026:
| Cost item | Estimated amount |
|---|---|
| MOT stamp duty (8% flat) | RM120,000 |
| Loan agreement stamp duty (0.5% on loan portion, if financed) | RM5,250 (on 70% margin) |
| Legal fees (SPA and loan, scaled under SRO 2023) | RM15,000 to RM20,000 |
| Valuation fee | RM2,000 to RM4,000 |
| State consent fee (KL) | Nil |
| Real estate agent commission (typically 2 to 3%) | RM30,000 to RM45,000 |
| Estimated total transaction costs | RM172,000 to RM194,000 |
Budget roughly 11 to 13% of the purchase price on top of the property cost. For a full breakdown of legal fees and loan stamp duty calculations, see the guide on stamp duty and legal fees for property purchases in Malaysia.
Key takeaways
- Foreign buyers of residential property in Malaysia pay a flat 8% stamp duty on the MOT, effective 1 January 2026, up from the previous 4%.
- Malaysian citizens and PRs pay a tiered rate of 1 to 4%, meaning foreigners pay significantly more on any given transaction.
- Most states charge an additional state consent levy on top of federal stamp duty; Johor and Penang levies are particularly significant.
- Every state sets a minimum purchase price for foreigners; prices range from RM500,000 in some east Malaysian states to RM3,000,000 for landed property on Penang Island.
- Foreigners cannot buy Malay Reserve Land, low-cost units, or most agricultural land.
- RPGT at disposal is 30% for the first five years and 10% from year six onwards for non-citizens; there is no zero-rate holding period.
- Budget your total transaction costs at 11 to 13% of the purchase price on top of what you pay for the property.
Frequently asked questions
Does the 8% rate apply to commercial property bought by foreigners?
No. The 8% flat rate introduced under Budget 2026 applies only to residential property. Commercial and industrial transactions continue to use the standard tiered stamp duty rates applicable to all buyers, which top out at 4% above RM1 million.
I signed my SPA before 1 January 2026. Which rate applies?
The relevant date is the execution date of the MOT (instrument of transfer), not the SPA. If your MOT was stamped on or after 1 January 2026, the 8% rate applies. Transactions where the MOT was executed and stamped before that date remain subject to the previous 4% rate.
Can a foreign-owned company buy residential property at a lower rate?
No. Foreign-incorporated companies face the same 8% flat rate as individual non-citizens on residential purchases under the 2026 amendment. A local Malaysian-incorporated company with majority foreign ownership is treated as a foreign company for this purpose.
Are there any stamp duty exemptions available to foreigners, including MM2H holders?
Most stamp duty exemptions under Malaysian law (first-time buyer, affordable housing) are available only to Malaysian citizens. MM2H visa holders are non-citizens and pay the same flat 8% rate. There are no active blanket exemptions for non-citizens on residential property stamp duty. Check with LHDN or a licensed solicitor for any project-specific exemptions.
How is stamp duty paid?
Stamp duty on the MOT and loan agreement is paid through the LHDN e-STAMP portal, typically handled by your appointed solicitor. Payment is due within 30 days of the SPA execution date (or from the date specified in the stamping notice). Late payment attracts a penalty of between RM25 and RM100 per instrument, or 5% of the deficient duty, whichever is higher.
Malaysia-based chartered management accountant (ACMA, CGMA) and embedded executive who has worked across finance, operations, and product roles with Malaysian companies. Every WangWise guide is checked against official Malaysian sources. How we review · About the editor
Educational content only, not financial advice. Verify current figures with official sources.