Dear Sir,
RE : SUBJECT: STAMP DUTY TREATMENT OF SUPPLEMENTAL JOINT VENTURE AGREEMENTS – POST LHDN DIALOGUE SESSION (APRIL 24TH)
We refer to your inquiry regarding the applicable stamp duty on a Supplemental Agreement to a Joint Venture Agreement (“Supplemental Agreement”). We note your reference to matters discussed during the dialogue session held with the Inland Revenue Board of Malaysia (“LHDN”) on 24 April 2025.
We understand that LHDN, during the session, conveyed that full ad valorem stamp duty would be imposed on such Joint Venture Agreement and Supplemental Agreements. This position is presently regarded as an internal determination by LHDN.
Kindly note that the session on 24 April was structured as a dialogue for discussion purposes, rather than as a formal meeting intended to issue binding directives or official publications. Consequently, no formal outcome or Circular has been issued following the session.
We acknowledge that no response was issued to your previous correspondence. However, we respectfully observe that, should clarification have been urgently required, it would have been open to your office to follow up accordingly.
Further, we note that while concerns have been raised from time to time, the persons-in-charge within your firm have not participated in the conveyancing seminars and dialogue sessions organised by the Perak Bar. Greater engagement with such initiatives would no doubt assist in promoting better mutual understanding and collaboration on industry matters.
Separately, we note that this issue has been escalated to the Bar Council for consideration, but no formal response has been forthcoming to date. In this regard, we would suggest that you await the Bar Council’s official feedback on the matter.
As this reflects LHDN’s internal position at this juncture, and pending any subsequent formal publication, no public Circulars or other official pronouncements arising directly from the April 24 dialogue are presently available.
Thank you,
Yours faithfully,
CELIA TAN YIN FONG
CHAIRPERSON
CONVEYANCING SUB COMMITTEE
PERAK BAR
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