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> Where to stamp tenancy agreement?, How to "stamp" in a smart way? (Financial)

liaw82
post Apr 30 2009, 11:27 AM


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Hello,

Anyone knows where can I stamp my tenancy agreement?
And how to legally stamp it in a smarter way? As in legalise the document without having record in IRB?

Sorry if this is a non-discussable topic, if so, mod please delete it. Thanks!

This post has been edited by liaw82: Apr 30 2009, 01:24 PM
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jasonhanjk
post Apr 30 2009, 12:07 PM


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I like to know too.
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liaw82
post Apr 30 2009, 06:17 PM


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nobody knows? Hhmmm...
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dEviLs
post Apr 30 2009, 06:24 PM


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Tenancy/Lease Agreement

Tips

This Tenancy Agreement with almost no modification will suit almost every commercial leasing situation. The situation where this lease is inappropriate is a lease where the parties anticipate extensive tenant improvements. Before using this agreement, read it carefully and be certain that the language is as you want it. If it is not, modify it carefully.

Tenants, it is strongly recommended that you read the entire Tenancy Agreement before you sign it. Your landlord will usually be up to modifying some of the language if you can show how it will benefit both parties.

STAMPING: Prepare two (2) copies of the Tenancy Agreement. Get these Agreements stamp the Inland Revenue Board or Jabatan Hasil Dalam Negeri in your area. The normal stamp-duty is around RM20.00.

COPY OF AGREEMENT: The Landlord should have the original copy of the Stamp Document and the Tenant the duplicate copy of the Stamp Document. Both should keep your Tenancy Agreement in your safe deposit box or place.

In addition, generate a copy of Tenancy List of Inventory and attach that document with your tenancy agreement for stamping.

http://www.lawyerment.com.my/library/fl/rles/agm/tnls.shtml
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Pai
post Apr 30 2009, 07:44 PM


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QUOTE(liaw82 @ Apr 30 2009, 11:27 AM)
Hello,

Anyone knows where can I stamp my tenancy agreement?
And how to legally stamp it in a smarter way? As in legalise the document without having record in IRB?

Sorry if this is a non-discussable topic, if so, mod please delete it. Thanks!
*
what is the ultimate purpose of this? smile.gif
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falcon867
post May 1 2009, 12:07 AM


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you need to stamp in order to be admissible in court in case of any dispute....

if u decide not to stamp it...its legally binding but however not admissible as evidence till stamp duty is paid

however if u stamp it late u may be liable for fine

abt the fees it depends on the value...its not RM 20 but its a very low value but much more affordable than normal SPA stamp duty...

sorry i cant recall the calculation..

if u need assistancein samping email me at repul2k7@yahoo.com.
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jchong
post May 1 2009, 11:31 AM


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QUOTE(liaw82 @ Apr 30 2009, 11:27 AM)
And how to legally stamp it in a smarter way? As in legalise the document without having record in IRB?
*
I assume you wish not to declare your rental income to avoid paying tax on it? hmm.gif
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liaw82
post May 1 2009, 01:44 PM


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smart.. Actually my concern is mainly applying loan.. From bank side.. I wish to present tenancy agreement to lower down my commitment. However, agreement without stamping is not acceptable, and stamped agreement will be recorded in IRB, for tax declaration purpose.

So, i'm wondering is there anywhere to stamp those and accepted by any banks. I heard commissional of oath maybe helpful, is it true?
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falcon867
post May 3 2009, 10:03 PM


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you cant stamp it at the commisioner of oath..you have to stamp it at the samp duty offie...its under the Inland Revenue Board..ou can search online for the nearest office...I know the main one is at Kampung attap and also at Wangsa Maju
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liaw82
post May 5 2009, 10:13 AM


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oh... that's what I heard too... according to my lawyer, he said stamping at LHDN will have no record, mostly only my name.. I doubt it, so still searching around.. All of you guys go to IRB/LHDN stamp?
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lwb
post May 7 2009, 12:25 AM


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ok.. if you're looking for the cheap fix.. it'll go counter with being legal!

here's a stupid way to fix it.. go to a rubber stamp maker and get them to produce a replica.. make sure you use red ink!

* there're something you can be 'smart' about it.. but there're something that you need legitimacy..

in this case, inho, the smartest way is to do-up your own documents, bring it to lhdn yourself and get it stamped... you'll save on the documentation and runner cost.
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budak_bagus
post May 7 2009, 04:53 PM


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there is one way to do.
buy the setem hasil rm10 from any post office.
put the stamp at the original copy of the agreement.
it is now legal, and i dont think it will be reggistered with LHDN
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lwb
post May 9 2009, 10:53 PM


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used to have those "stamps" on receipts back then..
and i thought i could make a quick 100 bucks on it.. by collecting 10 pieces of unstamped unit and head to lelong.com to do a [wts]!! biggrin.gif

This post has been edited by lwb: May 9 2009, 10:55 PM
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meejawa
post May 10 2009, 08:24 AM


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TS, there ARE ways. I will share a couple here:

1. Think abt it, you don't want IRB to know cos they will tax you on the income right? But in the TA also states that the tenant can leave anytime by giving one/two months notice right?

2. Do you know for sure that ALL banks look at the red stamp when assessing your commitment? I can tell you they look at the bank account where the "rent" is deposited more than the agreement.

There are just so many ways to legally do this, and all CAN be genuine cases.
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Pai
post May 10 2009, 04:00 PM


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QUOTE(meejawa @ May 10 2009, 08:24 AM)
TS, there ARE ways. I will share a couple here:

1. Think abt it, you don't want IRB to know cos they will tax you on the income right? But in the TA also states that the tenant can leave anytime by giving one/two months notice right?

2. Do you know for sure that ALL banks look at the red stamp when assessing your commitment? I can tell you they look at the bank account where the "rent" is deposited more than the agreement.

There are just so many ways to legally do this, and all CAN be genuine cases.
*
notworthy.gif

Meejawa is absolutely right, banks rather look your bank statement as proof of rental income. Tenancy agreements is nothing unless u could prove the rental income txn wink.gif
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eugene jk
post May 10 2009, 04:33 PM


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Ohh... ic...

The last time i used tenancy agreement as reference, but i guess that was because the bank manager is a close friend, so different story..

I will keep that in mind smile.gif

knowing someting new everyday rclxms.gif

This post has been edited by eugene jk: May 10 2009, 04:34 PM
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liaw82
post May 10 2009, 08:59 PM


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Yea, I understand that providing bank statement to prove the rental income is good enough.. but most of the bankers insist to request a copy of legalised TA.. in order to lower down my commitment...

I'm not sure by just buying a RM10 setem hasil and paste on it will work or not... some bank said can some said cannot..
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meejawa
post May 11 2009, 07:07 PM


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QUOTE(liaw82 @ May 10 2009, 08:59 PM)
... some bank said can some said cannot..
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And your problem is....?? hmm.gif
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liaw82
post May 12 2009, 08:09 AM


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Problem is, what is the way to stamp and acceptable by all banks. Anyway, my commitment is still not that high and I can submit without TA. And it seems we can't escape from IRB. Cheers
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meejawa
post May 12 2009, 06:11 PM


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QUOTE(liaw82 @ May 12 2009, 08:09 AM)
Problem is, what is the way to stamp and acceptable by all banks. Anyway, my commitment is still not that high and I can submit without TA. And it seems we can't escape from IRB. Cheers
*
The reason I asked what I asked is...

Why do you need your loan to ba approved by aLL banks? you already know some banks will accept non-stamped one, and if they are in your bank of choice, then just go ahead la. Why bother with whether or not stamped? And if the bank that you want need it to be stamped, then go get it stamped lor, and then apply the 2 suggestions above...
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budak_bagus
post May 13 2009, 06:03 AM


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QUOTE(budak_bagus @ May 7 2009, 04:53 PM)
there is one way to do.
buy the setem hasil rm10 from any post office.
put the stamp at the original copy of the agreement.
it is now legal, and i dont think it will be reggistered with LHDN
*
actually my friend working for a legal firm teach me this way. sometimes, they do this for their non-critical documents.
i think rental agreement it is not so critical compare to scholarship agreement documents or even s&p documents.
my friend who stayed at govt quarters also just paste the stamp at the agreement and it is accepted by bahagian pengurusan hartanah, jab perdana menteri who manage all the quarters.
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present
post May 30 2011, 12:41 PM


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QUOTE(budak_bagus @ May 13 2009, 06:03 AM)
actually my friend working for a legal firm teach me this way. sometimes, they do this for their non-critical documents.
i think rental agreement it is not so critical compare to scholarship agreement documents or even s&p documents.
my friend who stayed at govt quarters also just paste the stamp at the agreement and it is accepted by bahagian pengurusan hartanah, jab perdana menteri who manage all the quarters.
*
but will the bank verify to IRB/LHDN?? if they found we cheat them, will they cancel the agreement in last minute?? thanks..
somemore, the bank will also ask us submit the income tax in order to apply the loan.

if the income tax dont hv the rental income statement, will they give us the loan?? thanks
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logorithm
post Oct 24 2011, 06:17 PM


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Who is supposed to bear the costs of getting the tenancy agreement stamped? The landlord of the tenant?
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ruben7389
post Oct 24 2011, 06:33 PM


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chingfui
post Jun 7 2012, 12:53 PM


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This post has been edited by chingfui: Jun 7 2012, 12:55 PM
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IceQTurbo
post Jan 20 2014, 04:10 PM


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Hi, I was told by my colleague that the stamp duty is only RM10 per tenancy agreement. Is this correct? doesn't sound correct from the previous discussion here..
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Nidz
post Mar 31 2014, 12:22 PM


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QUOTE(IceQTurbo @ Jan 20 2014, 04:10 PM)
Hi, I was told by my colleague that the stamp duty is only RM10 per tenancy agreement. Is this correct? doesn't sound correct from the previous discussion here..
*
Stamp duty for rental agreement is calculated like this:

(Annual Rental - RM2400) divided by RM250 and then multiplied by RM 1, RM 2 or RM 4 according to the duration of your agreement. 1 year or less = RM1, 1-3 years = RM2 and 3 years and more = RM4.

RM10 is the charge for stamping a duplicate copy of the agreement.
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LCL01
post Mar 31 2014, 01:25 PM


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For me, the main reason to stamp the tenancy agreement is to prove to the banks that I have more income and can be able to secure more financing. I don't think anyone of us here has ever utilized the clause in tenancy agreement before.
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IceQTurbo
post Mar 31 2014, 05:10 PM


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QUOTE(LCL01 @ Mar 31 2014, 01:25 PM)
For me, the main reason to stamp the tenancy agreement is to prove to the banks that I have more income and can be able to secure more financing. I don't think anyone of us here has ever utilized the clause in tenancy agreement before.
*
Does it mean that if I dont stamp my agreement, the Bank will not accept it; even if I can show proof of income coming in every month?
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