Dissatisfied With Stamp Duty Assessments – What's Next?

Here's a common situation – parties to a transaction submitted the relevant instrument for adjudication to the Stamp Duty Office of the Inland Revenue Board of Malaysia only to be taken by surprise when the instrument was assessed for an excessive sum of stamp duty instead of the nominal sum, or to be subsequently imposed with additional assessment after the original assessment. Dissatisfied, but what's next?

Worry not as the Stamp Duty Act 1949 ("the Act") provides for avenues to object and appeal against the stamp duty assessment or additional assessment.

A. Appeal Process

First Step: Objection to the Stamp Duty Office

Any person who is dissatisfied with an assessment or additional assessment of stamp duty may, by written notice, object to the assessment or additional assessment and apply to the Collector of Stamp Duties ("the Collector") to review the assessment or additional assessment under Section 38A of the Act.