Wednesday 21 May 2014

How to Calculate Legal Fees & Stamp Duty when Buying a Property?

Everyone would like to buy a property, either for own stay or for an investment. However, do you know that on top of the property price, you have to pay a substantial amount of money for legal or lawyer fees and stamp duty?

Legal fees is payable to the appointed lawyer who will prepare Sale & Purchase Agreement between purchaser and vendor. On other hand, Stamp Duty which also known as Memorandum Of Transfer (MOT) is payable to the government & collected by Lawyer on behalf of the government.

Below is the details on how to calculate Legal Fees & Stamp Duty

1. Legal or Lawyer Fees.


Purchase Price (RM)
   Fees (% from purchase price)
Legal Fees
First 150k
1% (minimum RM300)
RM300 – RM1,500
Next 850k
0.70%
RM1,501 – RM7,450
Next 2M
0.60%
RM7,451 – RM19,450
Next 2M
0.50%
RM19451 – RM29450
Next 2.5M
0.40%
RM29,451– RM39,450
Exceed 7.5M
Negotiable (maximum 0.40%)
from RM39,450
On top of that, there are 6% government tax and approximately between RM500 to RM1,000 disbursement cost.

Disbursement cost covers the following,

Stamping of SPA (RM10 per copy x 4)
Bankruptcy/ Winding up search
Company search (if applicable)
Land search (before preparation of the SPA & prior to the filing of the Form 14A at the Land Office)
Registration of Transfer at Land Office
Affirmation on the Statutory Declaration to request for the 50% waiver on the stamp duty on the transfer/ on the assignment.
Stamping on the Statutory Declaration to request for the 50% waiver on the stamp duty on the transfer/ on the assignment
Transportation
Printing/ Facsimile/ Telephone/ Photocopy charges
Miscellaneous charges

2. Stamp Duty or Memorandum Of Transfer (MOT)

Purchase Price (RM)
Fees (% from purchase price)
Stamp Duty
First 100k
1%
RM0 – RM1,000
Next 400k
2%
RM1,001 – RM9,000
Exceed 500k
3%
from RM9,000

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