As a tenant or a landlord, it is important to properly execute a tenancy agreement to avoid any legal disputes in the future. One crucial step in executing a tenancy agreement is stamping it. In this article, we will discuss where to stamp a tenancy agreement and provide some useful tips.
What is a Tenancy Agreement Stamp?
A tenancy agreement stamp is a form of tax paid to the government to legally enforce a tenancy agreement. It is a requirement under Section 33 of the Stamp Act 1949 (Revised 1989) for any lease or tenancy agreement exceeding 12 months.
Where to Stamp?
The tenancy agreement must be stamped at any Inland Revenue Board (LHDN) branch or via their e-stamping service. The branch or office should be located within the area where the property is located. If the agreement is not stamped, it will not be admissible as evidence in court in case of conflict between the tenant and the landlord.
How to Stamp?
There are two ways to stamp a tenancy agreement:
1. Manual Stamping
To manually stamp a tenancy agreement, the following documents must be submitted to the LHDN office:
– The original copy of the tenancy agreement
– The photocopy of the tenancy agreement
– A completed tenancy agreement stamping form
– An application fee which may vary depending on the rental amount and duration of the tenancy
– A copy of the identification card or passport of both the landlord and the tenant
Once your documents are verified, you will receive a payment receipt and the stamped tenancy agreement. The process can take a few hours or a day.
2. E-Stamping
E-stamping is the faster and more convenient way to stamp a tenancy agreement. You can do this via the LHDN e-stamping portal. The portal will guide you through the process, and the stamped agreement will be available for download once payment is confirmed. The same documents are required for the e-stamping process as those required for manual stamping.
Tips for Stamping a Tenancy Agreement
1. Timeframe
Tenancy agreements are usually stamped within the first 30 days of signing. Failing to stamp the agreement within this timeframe may result in a penalty.
2. Document Authenticity
Ensure that the tenancy agreement is genuine and does not contain any illegal or unethical clauses before submitting it for stamping.
In conclusion, stamping a tenancy agreement is an important legal process that landlords and tenants must comply with. The process of stamping can be done manually or electronically, and it must be done within 30 days of signing. For more information, visit your nearest LHDN branch or their website.