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Malaysia Foreigner Stamp Duty Doubles to 8%: Who Is Affected

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A stack of tax forms and coins with a TAX stamp

Since 1 January 2026, a foreigner buying a home in Malaysia pays a flat 8% stamp duty, double the previous 4%: RM 64,000 instead of RM 32,000 on an RM 800,000 condominium (about US$15,800 instead of US$7,900). How much that matters depends far more on why you are buying than on the headline number.

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Policy background: where this number comes from

On 1 January 2026, a number that made many foreign buyers redo their sums took effect: Malaysia’s stamp duty for foreigners doubled from 4% to 8%.

I have worked in property for 12 years, including time in brokerage before I moved into property management in KL, so I know the transaction rules on both the sales and the management side. Honestly, when I first saw the news my reaction was not “oh no” but “this is going to be misread many times”.

Sure enough, roughly half of the clients who asked me about it had heard that “Malaysia is cracking down on foreigners buying property”, and the other half that “every foreigner now pays double tax on property”. Neither version is entirely right, and neither is entirely wrong.

In this article I want to explain the policy from the beginning: how the figure is calculated, who is affected most, who can carry on with their original plan, and my view, as someone working on the ground, of where this policy is heading.


How Malaysia’s foreigner stamp duty is calculated

Stamp duty is a statutory charge the buyer pays when property changes hands. It is assessed when the transfer document, the MOT (Memorandum of Transfer), is submitted. Malaysia applies different stamp duty rates to locals and foreigners, which is common practice in Southeast Asia.

Stamp duty scale for local buyers (under current LHDN rules; LHDN is the Inland Revenue Board):

Price band (RM)Rate
First 100,0001%
100,001 to 500,0002%
500,001 to 1,000,0003%
Above 1,000,0004%

Foreign individuals and foreign companies buying residential property (from 1 January 2026, under the 2025 Finance Bill; the published Finance Act and tax authority guidance prevail):

Residential property (landed homes, condominiums, studio units, SOHO units used as homes and so on) is charged at a flat 8% regardless of price, based on the higher of the transaction price or market value. The 8% applies only to individuals who are neither Malaysian citizens nor permanent residents (PR), and to foreign companies; citizens and PRs are not covered. Commercial and industrial property still follows the normal scale.

No bands, no first-home exemption: simply 8%.

For newly signed purchases there is no doubt. Only one detail is still unsettled: the 8% is charged on the MOT. For purchases where the SPA (Sale and Purchase Agreement) was signed before 2026 but the MOT is signed and submitted after 1 January 2026, especially off-plan purchases, law firm summaries of the amendment say the transitional treatment is still awaiting clarification from LHDN. If you are buying off-plan and working out your holding cost, the conservative approach is to budget at 8% and confirm the actual rate with your lawyer.


How much more you actually pay after the increase

Say you buy a two-bedroom condominium in central KL for RM 800,000 (about US$197,000):

  • Old 4% rate: RM 800,000 × 4% = RM 32,000 (about US$7,900)
  • New 8% rate: RM 800,000 × 8% = RM 64,000 (about US$15,800)

The difference: RM 32,000, or about US$7,900.

For a property at RM 1,500,000 (about US$369,000):

  • Old rate: RM 60,000 (about US$14,800)
  • New rate: RM 120,000 (about US$29,600)

The difference reaches RM 60,000, close to US$14,800.

That is not a small amount, and I will not pretend “it makes no difference”. But you need to see what share of the total cost of buying it represents, in context, rather than letting this one number decide the direction of the whole plan.


Do MM2H holders also pay 8%?

Close-up of people reviewing and signing an offer to purchase Image: Pexels / RDNE Stock project

This is one of the questions I am asked most often.

The answer: yes. MM2H holders are still foreigners, and the 8% stamp duty applies to their purchases too.

The MM2H (Malaysia My Second Home) visa gives holders legal long-term residence, but it does not change your legal status under land law. Your rights and restrictions when buying property in Malaysia largely follow the same rules as any other foreigner. The difference is the purchase threshold: some states set a lower threshold for MM2H holders. Penang, for example, sets RM 500,000 (about US$123,000), on the island and the mainland, for strata and landed homes alike, residential only, up to 2 units (Penang Land Office guideline, August 2024). Stamp duty is still 8%.

I hold a PVIP (Premium Visa Programme) myself. Like MM2H it is a long-term residence visa, and it does not exempt you from stamp duty either. With a PVIP or MM2H, you still pay 8% when you buy.

Some background: in my observation, after the new MM2H rules took effect in 2024, there was a noticeable wave of foreign buyers in the first half of 2025. Some were indeed trying to lock in the old rate before the policy tightened, but many bought only after seriously assessing a move to Malaysia. I have worked with both groups, and their later decisions went in very different directions.

For the full MM2H application process and requirements, see the complete MM2H 2026 application guide.


Common misconceptions: does PR or MM2H exempt you?

Here are the misunderstandings I come across most often:

Misconception 1: with MM2H you are “half Malaysian”, so stamp duty is discounted
Not true. MM2H is a residence visa, not citizenship or permanent residence (PR), and it does not change the stamp duty rules.

Misconception 2: Malaysian permanent residents (PR) also pay 8%
Not true. Under the amendments in Budget 2026 and the Finance Bill, the 8% applies only to individuals who are neither citizens nor permanent residents, and to foreign companies. PRs do not pay the 8%. How other purchase restrictions, such as state thresholds, apply to PRs should still be confirmed with a lawyer before buying.

Misconception 3: if a foreigner lives in Malaysia for more than 180 days, the local rate applies
Not true. Tax residency affects how income tax is calculated; it is a completely different legal framework from the “foreigner” definition for stamp duty. However long you live here, it does not change your status on the SPA.

Misconception 4: foreigner stamp duty is paid every year
Not true. Stamp duty is a one-off charge, paid in full once the MOT has been submitted and assessed. It is not an annual fee.

I hear these misconceptions almost every month. Before committing, check the official announcements on the Inland Revenue Board’s website (LHDN) or consult a qualified local lawyer.


Other costs besides the foreigner stamp duty

Many people treat stamp duty as the only extra cost for foreign buyers, but one charge is often overlooked: the foreign buyer permit fee (for the state government’s consent to a foreign purchase, usually called State Consent or Foreign Consent).

Each state sets this fee itself, the amounts vary widely, and they can be much higher than most people expect. The actual amount depends on the state’s latest rules and your lawyer’s quote. The application also takes time; in some states approval can take several weeks, so build it into your transaction timeline.

Beyond that, the one-off costs for a foreign buyer in Malaysia usually include:

  • Legal fees (separately for the SPA and for the loan agreement)
  • Valuation fee (if you take a loan)
  • Inspection or assessment fees (depending on the property and the bank’s requirements)
  • Agent’s commission (usually paid by the seller, but confirm in advance)

For the full cost structure and process for foreigners buying in Malaysia, read this before setting your budget: the complete process of buying property in Malaysia.


Why the government is doing this

From a policy design point of view, the purpose of doubling the foreigner stamp duty is clear: keep the foreigners who genuinely want to live here long term, and flush out short-term speculative money.

The Malaysian government has been making similar adjustments for several years, including in the design of the MM2H requirements, which carry property-related conditions (check the current MM2H guidelines for the details). The logic is to make you declare your intent: are you really coming to live here, or using visa status to make a quick profit?

For someone whose starting point is relocation and who expects to live here for five to ten years or more, the extra 4% spread over those years adds only a limited cost per year. But for someone who wants to buy and sell again quickly, that 4% squeezes the margin directly, and may make the whole deal unworkable.

I am not endorsing the policy. I simply make a habit, when looking at any policy, of first understanding what problem it is meant to solve. Only then can you judge whether it is actually a problem for you.


How people genuinely planning to relocate should see it

My position, plainly: if you are already planning to relocate to or live long term in Malaysia, the extra 4% is not small, but it is not as serious as it first looks.

Many clients’ first reaction on hearing the news was “then I won’t buy”. But when I laid out the numbers and showed them the structure of the total purchase cost, many responded: “Is that all?”

The key is why you are buying.

If you are buying because:

  • you plan to live in Malaysia for a few years and need a stable home
  • you are assessing retirement options and have put Malaysia into your long-term plans
  • your children are at school in KL, and buying makes more financial sense than renting over the medium to long term

then the 4% is a cost you need to put in your budget, not a variable that brings the whole plan down.

But if you are buying because:

  • you expect to sell for a profit in two or three years
  • you want rental income to pay you back in the short term

then I suggest redoing your financial projections, because with 8% stamp duty your break-even point really has moved further out.


Is timing your purchase still worth planning?

2026 has begun, and 8% is the current rule. Rather than dwelling on “if only I had bought earlier”, focus on a few practical questions:

1. Your purchase budget needs adjusting
If your plan was to buy a home for RM 500,000 (about US$123,000), you used to set aside 4% for stamp duty, or RM 20,000 (about US$4,900). Now you need to set aside RM 40,000 (about US$9,900). That difference has to be in your financial plan before you are ready to buy.

2. The foreign buyer thresholds are not affected
The stamp duty increase does not change each state’s minimum purchase price for foreigners. If you intend to buy in a particular state, you still need to check that threshold first. The latest figures by state are here: Malaysia foreign buyer property threshold by state.

3. Update your loan calculations too
Stamp duty is part of your own cash outlay and is not covered by the loan. If you plan to borrow from a Malaysian bank, remember to recalculate the cash you need with the higher stamp duty included. For the terms and limits on loans to foreigners, see the complete guide to mortgages for foreigners in Malaysia.


Frequently asked questions

Q1. As a foreigner buying property in Malaysia, do I definitely pay 8% stamp duty?

For residential property, yes. Anyone buying residential property who is neither a Malaysian citizen nor a permanent resident pays a flat 8% stamp duty from 1 January 2026, regardless of price. Those who have obtained Malaysian permanent residence (PR) are not covered by the 8%, and commercial and industrial property still follows the normal scale.

Q2. Is the 8% stamp duty added to the price, or calculated separately?

Separately. Stamp duty is calculated on the higher of the transaction price or market value, must be paid from your own funds and is not included in the loan amount. Your purchase budget needs a separate 8% set aside.

Q3. If I signed before the end of 2025, can I still use the 4% rate?

This is not yet certain. The 8% is charged on the MOT, and how it applies to purchases with an SPA signed before 2026 but an MOT submitted after 2026 began (most common with off-plan property) is still awaiting clarification from LHDN. The conservative approach is to budget at 8% and confirm the actual rate with your lawyer.

Q4. Besides stamp duty, what are the main costs for a foreigner buying property in Malaysia?

The main one-off costs are legal fees (one for the SPA and one for the loan agreement), the foreign buyer permit fee (set by each state; confirm with your lawyer), and valuation and inspection fees. The total depends on the state and the property, so ask your lawyer for an itemized list before signing.

Q5. Is stamp duty paid once or every year?

Once. It is paid within the required period after the MOT has been submitted and assessed. It is not an annual or recurring charge.


Further reading

Sources

  1. LHDN (Inland Revenue Board of Malaysia) official website
  2. Skrine: Proposed Amendments to the Stamp Act (Finance Bill 2025)
  3. PwC 2025/2026 Malaysian Tax Booklet: Stamp Duty
  4. Penang Land Office: Guideline on Property Acquisition and Leasing by Foreigners (updated August 2024)