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 Job contracts stamping rule could hurt SMEs, SME boss need fork out money again

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TSnelson969
post May 17 2025, 12:34 PM, updated 8 months ago

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PETALING JAYA: The requirement for all employment contracts to be stamped by the Inland Revenue Board (LHDN) could impose significant financial and administrative burden, especially on small and medium enterprises (SMEs), say industry players.

They said companies with high staff turnover would also be affected.

Federation of Malaysian Manufacturers (FMM) president Tan Sri Soh Thian Lai said there has been an intensified audit since the Stamp Duty Audit Framework was introduced on Jan 1 this year.

Even though there is a legal provision under the Stamp Act 1949 requiring employment contracts to be stamped, it has yet to be widely practised.

He said as such, with the launch of the Stamp Duty Audit Framework, there has been a noticeable increase in audit and enforcement activities across all sectors.

“The requirement under the Act applies to all categories of employment contracts, including full-time, part-time, fixed term and internship agreements.

“Therefore, this affects businesses across all industries,” he said in a statement to The Star.

Stamping refers to the payment of stamp duty to LHDN to formally validate specific legal documents.

According to the Stamp Act 1949, employment contracts fall under chargeable instruments listed in the First Schedule.

However, agreements involving monthly wages below RM300 are exempt though this threshold is far below Malaysia’s current minimum wage of RM1,700.

For an employment contract, stamping involves a RM10 fee per copy and must be stamped within 30 days of signing. Failure to do so could result in a penalty of up to RM100 per document.

According to LHDN, the framework seeks to ensure the audit is carried out in a fair, transparent and impartial manner, by outlining the rights and responsibilities of audit officers and duty payers.

Soh said the impact of this move is more severe on companies with high employee turnover or seasonal hiring needs, as they face mounting compliance costs.

“For SMEs already managing tight margins, this can be especially difficult,” he said, adding that larger companies hiring seasonal employees and with a higher turnover rate would also suffer substantial cumulative impact.

Soh said FMM has appealed to LHDN for a one-time amnesty on past instruments and the issuance of clear guidelines to help businesses transition to compliance without facing undue penalties.

Malaysia HR Forum chief executive officer Arulkumar Singaraveloo also supported the call for an amnesty period.

He said there should be a wider awareness campaign on the stamping requirement for employment contracts.

Arulkumar also said companies with a large workforce or high employee turnover may face considerable challenges due to the volume of employment contracts that would need to be stamped.

He added that it increases the administrative workload.

Arulkumar urged LHDN to review its approach, suggesting that the stamping requirement be made voluntary or applied on a needs basis.

“For instance, stamped contracts are not a prerequisite in Industrial Court proceedings or most employment-related disputes. If required, companies could still have the contracts stamped prior to submission to the relevant authorities.”


https://www.thestar.com.my/news/nation/2025...EsT3_lu5D4SelRw




TLDR : job contract need stamp duty soon , meanwhile LHDN already audit company SME who dont follow this requirement since 1 jan


INB4 : boss do all then suddenly employee dont want come work waste ppl time and money, soon everything is contract liao to avoid waste resources

This post has been edited by nelson969: May 17 2025, 12:36 PM
killeralta
post May 17 2025, 12:38 PM

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Lhdn contract stamping can be done online and rm10 per contract
smallcrab
post May 17 2025, 12:40 PM

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agreement/contract not stamped = not valid
as simple as that

vhs
post May 17 2025, 12:41 PM

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Compliance costs are increasing everywhere not just this. It has been on a upward trends long ago. Doing business in the past definitely does not have that many hurdles. But it is happening all over the world also.

Stigonboard
post May 17 2025, 12:43 PM

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Lol geng lari cukai under declare sudah panas liao
andrwss
post May 17 2025, 12:50 PM

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QUOTE(Stigonboard @ May 17 2025, 12:43 PM)
Lol geng lari cukai under declare sudah panas liao
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Gerai owner gig workers etc who accept mostly cash run the most. Many earn thousands a month even more than small businesses who pay tax
Phoenix_KL
post May 17 2025, 01:03 PM

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suddenly all boss admit poor

user posted image
Randomization
post May 17 2025, 01:20 PM

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So, SMEs talking as if they're hiring 100 people per month that it's burdening them?


Stigonboard
post May 17 2025, 02:01 PM

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QUOTE(andrwss @ May 17 2025, 12:50 PM)
Gerai owner gig workers etc who accept mostly cash run the most. Many earn thousands a month even more than small businesses who pay tax
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They also cannot run away soon
Stigonboard
post May 17 2025, 02:02 PM

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QUOTE(Randomization @ May 17 2025, 01:20 PM)
So, SMEs talking as if they're hiring 100 people per month that it's burdening them?
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They cannot lie the number of workers they have to LHDN now
Geng under report tax is panas now
keybearer
post May 17 2025, 02:32 PM

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>Monthly wages below RM300 threshold exempted.

Itu tahun berapa punya akta wut? Might as well not have.

Also compliance cost going up the wazoos lately, memang SME killer.
ralfvi
post May 17 2025, 02:44 PM

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QUOTE(killeralta @ May 17 2025, 12:38 PM)
Lhdn contract stamping can be done online and rm10 per contract
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times X millions of workers. simple way govt make money. than some bloody fellow can kowtim and sakau.
arkasi
post May 17 2025, 03:00 PM

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Govt desperate for.additional revenue & not.only.sme.but even large mnc will complain.

Bmx want mnc to open shop here but impose additional expenses & red tape will.only succeed in detering them.

Also, which idiot put the exemption at rm300??? Really living in lala land.

The problem is.those who.under report won't be deterred & will still find ways to.under declare game the system. This will only punish those who are doing business the legit.way.
SUSFreshmeat21
post May 17 2025, 03:09 PM

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Tarak hal kito buat hal jer
SUSFreshmeat21
post May 17 2025, 03:12 PM

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QUOTE(andrwss @ May 17 2025, 12:50 PM)
Gerai owner gig workers etc who accept mostly cash run the most. Many earn thousands a month even more than small businesses who pay tax
*
If our politicians and their cronies paid tax, we will be richer than singapore
ameliorate
post May 17 2025, 03:16 PM

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QUOTE(killeralta @ May 17 2025, 12:38 PM)
Lhdn contract stamping can be done online and rm10 per contract
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RM10 just for the copy of contract.

If like rental contract, the stamping fee is calculated based on rental fee and how many years. If just RM10 they won't make so much noise.


 

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