QUOTE(Jasoncat @ Nov 27 2015, 10:31 AM)
Samkor, loan document need to be stamped ad valorem ie 0.5% of the loan amount. The copy that the borrower and solicitor received will be stamped nominal ie RM10 per copy. Also, I make no difference between stamp duty and stamping fee. Stamping on the SPA is to make the document admissible to court but it's still a valid contractual agreement even not stamped. MOT is another instrument to register the transfer of title and it attracts ad valorem stamp duty.
Perhaps TKJ can enlighten us
Yeah, can have different legal and technical term. For layman like me, I presume only consider the following:Perhaps TKJ can enlighten us
SPA:
i.) Legal fees
ii.) Stamp Duty @ MOT
iii.) Disbursement
Loan Agreement:
a.) Legal fees
b.) Stamp duty
As a purchaser, I believe we only concern much the fees incur for items (i), (ii), (a), (b). Out of all these costs, item (ii) is the most expensive I presume.
All those stamping fees, bankruptcy/ Winding up search, land search etc, buyer would appreciate if the developer can absorb it. But even it doesn't, it also not the very big concern, as it is the smallest amount among all the fees incur.
If the developer/SA/seller claim stamp duty for SPA is absorbed, for me it means MOT is absorbed, stamping fee is not stamp duty for SPA.
SPA is a legal document meant for name transfer, so its associated stamp duty is "stamp duty of transfer (MOT)", definitely NOT "stamp duty of stamping", because SPA is never a document meant for stamping..
This post has been edited by samkps: Nov 27 2015, 10:59 AM
Nov 27 2015, 10:57 AM

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