1. Do your do the proper stamping on your property you rent out ?

2. Is this necessary to do the stamping or both just sign without stamping ?

3. What is the advantages/disadvantages of stamping ? As I know once stamping, we need to declare the income
through income tax.

must do the proper stamping, so that can bring to court in future, not valid if without stamping.

Understand stamping will only valid if bring to the court. But how likely this tenancy issue
will bring up to the court ? If you sue the tenant, you need to hire lawyer , wasting $$$ and time.
If for me will resolve by internal settlement.

If do the stamping, we need to declare income tax where is 'extra' lost for the owner. Other than
legal, what other advantages to do the stamping ?

Yes, it is better to settle internally for tenancy issues, going through court will take a long time.

But then, stamping will make a document more official, and there will be many situations whereby you may need to display the stamped document in order to do certain things, eg, for one, showing it to the utility authorities for termination of supply if the tenant does not pay the rent.

The tenant bears the stmp duties, not the landlord.

I thought the termination of water and electricity should not be questioned as long as this house is belong
to your name ?

Just make a simple agreement between your goodselves and the tenant. Then stamp 2 copies, RM10 each only at LHDN. Stamping makes the contract enforceable. Ignore the income tax- for rental proceeds, govt aint care that much.

Hi,

I'm a newbie to renting out property having left it to agent to do the first year. Now going to renew for another year. Can you advise on the below matters :

a) can I draft my own Tenant Agreement by following the previous one? (just change the dates)

b) can I give the duplicate copy to the Tenant without stamping it ? What if he won't accept it ?

c) I've asked lhdn before and the stamping fee is follow schedule depending on your rental amount. The RM10 is for stamping duplicate copy. So how do we get it stamp for RM10 only for both copies? And without having record at lhdn? Can just buy the stem hasil at post office and stick to the agreement? (The copy I have for first year agreement is stamped at RM10 but not sure whether my tenant's copy also stamp for RM10)

Please advise. Thanks a lot.

You are saying stamping without declare income tax ?
Sure they will look for you if without declare.

Huh, is that true? Has anyone experience lhdn coming after u when u did not declare rental income after stamping?
Thanks!

haha I do not declare and never bother to declare

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Added on December 9, 2009, 11:09 pm'I've asked lhdn before and the stamping fee is follow schedule depending on your rental amount. The RM10 is for stamping duplicate copy. So how do we get it stamp for RM10 only for both copies? And without having record at lhdn? Can just buy the stem hasil at post office and stick to the agreement? (The copy I have for first year agreement is stamped at RM10 but not sure whether my tenant's copy also stamp for RM10'

wat type of answer lhdn give u? you just stamp two RM10 then you keep one the tenant keep one

This post has been edited by me_1980s: Dec 9 2009, 11:09 PM

Hi,
The LHDN ask to fill up a form and the stamping fee follow a schedule for which i calculated for rental < $1000 will be around $36.

Btw, where is the stamping place that we can go to besides LHDN (I mean to stamp two RM10 like you mention).
Kindly advise. Thanks a lot!

well, i think this website will help u:
http://properties.d-choice.com/realestatenews/stampduty.htm
in the event you want to pay full stamp duty.

Btw, where is the stamping place that we can go to besides LHDN?
Go to stamp office to get RM10 Stamp Hasil then go to LHDN to 'matikan' stamp

I believed what you guys need to be concerned about is not the stamp duty or the stamping fee, which is not a big amount, generally,....

What we should be thinking about is the taxation amount that may be imposed from the rental collected for the coming twelve months. ........

Hi, thanks a lot. Yeah that's the schedule of full stamp duty that I find out from lhdn. You mean to get the RM10 Stamp Hasil from "POST OFFICE" right? Then pay it to lhdn to replace with 'red chop'? (That's the red chop of RM10 that I see in my copy of tenant agreement).

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Added on December 13, 2009, 11:41 pmThat's right. We're concern with how to make the agreement "legal" and at the same time without having record in lhdn.
Do share your experience if you have a way. Thanks in advance.

This post has been edited by tgrt: Dec 13 2009, 11:41 PM

This is the good question - how to make agreement legal but without having record in LHDN. Any idea ?

Dear all,

I was thinking can we 'assign' someone else to be the Landlord of our property without transferring the ownership of the property to them. The someone else (like our parents) will not be subject to income tax if they are not working anymore. Any lawyers here who can provide some legal advice on this?

Thanks in advance.

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Added on January 2, 2010, 6:06 pmHi,

Is it true that for the 2nd year, you need not sign a new tenant agreement if the 1st year agreement stated there is an Option for Renewal for another year?

Kindly advise. Thanks!

This post has been edited by tgrt: Jan 2 2010, 06:06 PM