Wednesday, February 4, 2015

Stamp Duty Execution of Transfer Q4

Q.
Mr Sunny, a Malaysian citizen purchased a double storey bungalow located at an elite area of Bukit Damansara for RM3.5million in 2013. The owner, also a Malaysian citizen however, currently lived in Dundee, Scotland, United Kingdom and requested Mr Sunny to bring all the necessary documents to UK for the execution of the relevant document.

The Sales and Purchase Agreement (SPA) was duly signed on 21st April, 2013 but Mr Sunny decided to stay in Dundee for two (2) months before going back to Kuala Lumpur. He kept the documents with him and forgot to contact his lawyer to proceed to undertake the transfer of the property.

When he returned to Malaysia after the holiday, he contacted his lawyer to proceed with the transfer and was advised that he has to pay penalty for not duly adhere to the provisions stipulated under the Stamp Duty Act 1949.

Advise Mr Sunny as to what are the actions that he is supposed to undertake once he has executed the document of transfer. Your advice should include until the payment of stamp duty upon hearing by relevant court.

(25 marks, 2014 Q4)

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