By Jason Lim, REN 84424 · IQI Realty · Checked on 6 November 2026
Malaysians can give a house to a spouse, child, parent or grandchild as a love-and-affection transfer (pindahmilik kasih sayang), with no price paid. Since 1 April 2023, transfers between parents and children, or grandparents and grandchildren, pay no stamp duty on the first RM1 million of market value if the recipient is a Malaysian citizen, and transfers between husband and wife are exempt. A Malaysian-citizen donor pays no real property gains tax (RPGT), but the recipient takes over the donor’s original cost, which matters when the recipient sells later.
Quick answer
- Parent and child, grandparent and grandchild (either direction): stamp duty is exempt on the first RM1 million of market value and halved on the rest, if the recipient is a Malaysian citizen (P.U.(A) 178/2023, from 1 April 2023).
- Husband and wife: a gift of property between spouses is exempt from stamp duty under P.U.(A) 420/2007.
- Siblings, in-laws, nephews, nieces, friends: no relief. Full stamp duty on market value, and the gift counts as a sale at market value for RPGT.
- RPGT: no gain, no loss for the donor if the donor is a Malaysian citizen. The recipient takes the donor’s cost, and the holding period generally restarts from the transfer date.
- Loans and consents: a mortgaged house usually needs the loan settled or refinanced first. Transfers to a foreign family member need Johor state approval and a state fee.
- Not legal or tax advice: confirm your case with a lawyer and LHDN before you sign.
What a love-and-affection transfer is
It is a transfer of ownership during the owner’s lifetime where the “consideration” is love and affection rather than money. The law calls it a voluntary disposition. No sale and purchase agreement is needed, but a lawyer still prepares and registers the transfer, normally a Memorandum of Transfer (Form 14A under the National Land Code) for a property with its own title, or a deed of assignment if the strata title has not yet been issued.
Once registered, the recipient is the legal owner and the donor cannot simply take the house back, so think carefully when it is the donor’s only home.
Stamp duty by relationship in 2026
Stamp duty (duti setem) on a property transfer is charged on the higher of the price and the market value on the date the transfer is signed. For a gift there is no price, so the market value decides. The normal scale for Malaysians is 1% on the first RM100,000, 2% on the next RM400,000, 3% on the next RM500,000 and 4% above RM1 million. The love-and-affection reliefs sit on top of that scale:
| Who gives to whom | Stamp duty on the transfer | Main conditions |
|---|---|---|
| Husband to wife, or wife to husband | Exempt (Stamp Duty (Exemption) (No. 10) Order 2007, P.U.(A) 420/2007) | Legally married at the time; a gift with no payment. Published summaries do not list a citizenship condition, so confirm yours with LHDN or your lawyer. |
| Parent to child, or child to parent | First RM1 million of market value exempt; 50% of the normal duty on the amount above RM1 million (P.U.(A) 178/2023) | Signed on or after 1 April 2023; the recipient is a Malaysian citizen. “Child” covers a legitimate child, stepchild or legally adopted child. |
| Grandparent to grandchild, or grandchild to grandparent | Same as parent and child (P.U.(A) 178/2023) | Same conditions. Before April 2023 grandparents got no relief. |
| Siblings, in-laws, uncles, aunts, nephews, nieces, friends | Full scale on market value | No relief under either order. |
| Recipient is not a Malaysian citizen | No parent-child or grandparent relief | Since 1 January 2026, transfers of residential property to non-citizens who are not permanent residents are charged at 8%. |
Worked examples
| Market value | Spouse to spouse | Parent to Malaysian child | Brother to sister (no relief) |
|---|---|---|---|
| RM600,000 | Exempt | RM0 | RM12,000 |
| RM1,500,000 | Exempt | About RM10,000 (half of the RM20,000 duty on the RM500,000 above RM1 million) | RM44,000 |
Stamping is due within 30 days of signing. In 2026 the transfer is adjudicated by LHDN (HASiL), which assesses the market value; your lawyer claims the exemption by citing the order. Self-assessment for property transfers is being phased in from 1 January 2027 and 1 January 2028, according to PwC. For the general scale and first-home rules, see my stamp duty guide for 2026.
RPGT: no tax now, but the recipient inherits the cost
For RPGT (Cukai Keuntungan Harta Tanah, CKHT), LHDN treats a gift as a disposal at market value, except under paragraph 12 of Schedule 2 to the RPGT Act 1976: a gift between husband and wife, parent and child, or grandparent and grandchild is “no gain, no loss” for the donor, who must be a Malaysian citizen (since 1 January 2017). A transfer between spouses for a price, or under a divorce order, is also no gain, no loss for a citizen transferor.
What happens when the recipient sells
- Cost carries over. The recipient is treated as acquiring at the donor’s original price plus permitted expenses, not at today’s value, so the whole gain since the donor bought can be taxed on a later sale.
- The clock generally restarts. Under the general rule the recipient’s acquisition date is the date of the transfer, so a sale within five years of the gift can attract RPGT even if the donor owned the house for decades. Ask a tax adviser to confirm how this applies to you.
- Rates for citizens and permanent residents: 30% within three years, 20% in year four, 15% in year five and 0% from the sixth year. Non-citizens pay 30% within five years and 10% after.
- Exemptions: individuals get RM10,000 or 10% of the chargeable gain, whichever is greater, and citizens and permanent residents can claim a once-in-a-lifetime exemption on one private residence.
| Example (round numbers, for illustration only) | Amount |
|---|---|
| Mother bought a terrace house in 2012 | RM300,000 |
| She gives it to her son in 2026 when it is worth | RM600,000 |
| Son sells it in 2028 (within three years of the gift) for | RM650,000 |
| Gain measured from the mother’s cost, before expenses | RM350,000 |
| After the RM35,000 exemption (10% of the gain), at 30% | RM94,500 |
| Same sale in 2032 or later (sixth year onwards) | RM0 for a Malaysian citizen |
Both sides must file RPGT returns online through e-CKHT on MyTax within 60 days, even when no tax is payable; paper forms have not been accepted since 1 January 2025. Because no money changes hands, the recipient has no cash to retain under section 21B. More detail is in my RPGT guide.
Gift or sale at a low price?
“Selling” a house to a child for a token sum usually costs more, not less:
- Stamp duty is still charged on market value if it is higher than the price, and the love-and-affection orders cover only voluntary dispositions, so a sale loses the parent-child relief.
- RPGT: the paragraph 12 gift rule applies only to gifts. Apart from a sale between spouses, a sale is taxed as a normal disposal, so ask a tax adviser how LHDN will value it.
- When a sale makes sense: if the recipient genuinely pays with a housing loan, the bank will want a proper sale agreement and valuation. See my SPA guide.
Need a sense of what the house is worth?
Market value drives the stamp duty and the recipient’s future RPGT. Tell me the address or project and I’ll share recorded and asking prices for similar homes nearby, so your family and lawyer can plan.
WhatsApp JasonIf the property still has a loan
A house charged to a bank cannot be transferred freely. The loan is usually settled first, with cash or a new loan taken by the recipient, and the lawyer registers the transfer and the new charge together.
- Ask the current bank early for a redemption statement, and check your letter of offer for any lock-in fee.
- The recipient must qualify. The new bank looks at the recipient’s income, existing debts and debt service ratio, and will usually ask for a valuation and a sale and purchase agreement. See my guides to refinancing and DSR and loan rejections.
- Extra costs: a new loan agreement generally carries stamp duty of 0.5% of the loan amount, plus its own legal fees.
State consent and foreign family members in Johor
- Restrictions on the title. Many leasehold and some other titles carry a restriction in interest (sekatan kepentingan) that needs the State Authority’s consent for any transfer. Law firms say this can take two to three months. Check the title first; my freehold vs leasehold guide explains why.
- No strata title yet. The transfer is by deed of assignment and usually needs the developer’s consent too. See strata titles explained.
- A foreign spouse or child. Any acquisition by a non-citizen needs state approval under section 433B of the National Land Code. Johor’s land office fees since 1 July 2025 list a separate rate for love-and-affection transfers to immediate family: 2% of the JPPH valuation or RM20,000, whichever is higher, plus a RM2,000 application fee per title.
- Price thresholds. Johor generally sets RM1 million as the minimum for most residential property bought by foreigners. Ask your lawyer how the state treats a family gift below that value before you start; approval is at the state’s discretion. My Johor foreigner minimum price guide has the details.
Steps and costs of a family transfer
- Agree as a family on who receives the house and where the donor will live.
- Check the title. A title search shows the registered owners, any bank charge, caveats and restrictions in interest.
- Appoint a lawyer to prepare the transfer. Bring identity cards and a marriage or birth certificate proving the relationship.
- Settle or refinance any loan and get the bank’s documents.
- Stamp the transfer with LHDN within 30 days of signing, claiming the right exemption.
- File RPGT returns through e-CKHT within 60 days.
- Get any state consent needed for a restricted title or a foreign recipient.
- Register at the land office (Pejabat Tanah) or the Johor Land and Mines Office and pay the registration fee.
- Update the records. Quit rent (cukai tanah), assessment (cukai pintu), management office, insurance and utilities. See my quit rent and assessment guide.
Law firms commonly estimate two to four months in total, longer with state consent, a bank or a developer involved.
| Cost | What to expect |
|---|---|
| Stamp duty on the transfer | See the tables above |
| Johor transfer registration fee | Rises with value, for example RM2,500 for a property worth RM500,001 to RM600,000 and RM4,500 for RM900,001 to RM1 million (from 1 July 2025) |
| Legal fees | Ask for a written quote. For reference, the Solicitors’ Remuneration Order 2023 scale for sales is 1.25% of the first RM500,000 and 1% of the next RM7 million, minimum RM500 |
| New loan (if any) | 0.5% stamp duty on the loan amount, plus loan legal fees |
| State approval for a foreign recipient | 2% of the JPPH valuation or RM20,000, whichever is higher, plus RM2,000 per title |
Alternatives to transferring now
- A will (wasiat). The owner keeps control for life and the house passes on death, which RPGT treats differently from a gift. Muslim families should also ask about faraid and hibah. See my will writing guide and what happens when an owner dies.
- Adding a name. Transferring a share keeps the donor on the title; see my joint name guide.
- Selling and gifting cash. If nobody will live in the house, selling and sharing the money can be simpler. See my guide to pricing a JB home for sale.
- Helping the recipient buy their own home. Under the first-home stamp duty orders reviewed by EY in 2021, a home received as a gift or inheritance counted as already owned. A child who receives a house may therefore lose first-home relief on a later purchase, so check the current order. Budget 2027 proposes extending first-home exemptions to agreements signed up to 2030. See my first home guide.
Where to buy if this matters to you
Some families would rather buy a home for a child or for ageing parents nearby than transfer an existing one. Good starting points:
- Mount Austin: established family area with schools and shops.
- Tebrau, Setia Indah and Molek: mature landed neighbourhoods near malls.
- Skudai, Tampoi and Kempas: terrace houses and condos at moderate prices.
- Bukit Indah and Gelang Patah: west-side townships near the Second Link.
- Iskandar Puteri: newer townships, EduCity and gated landed homes.
- Kulai and Senai: larger homes for the budget.
Compare them on my JB property map, or read the best areas to live in JB.
More Johor living guides: Stamp duty in 2026 · RPGT explained · Will writing in Malaysia · Joint names and tenancy in common
Frequently asked questions
Is there stamp duty when parents transfer a house to their child in Malaysia?
For transfers signed from 1 April 2023, the first RM1 million of market value is exempt and only 50% of the normal duty is charged on the amount above RM1 million, if the child is a Malaysian citizen (P.U.(A) 178/2023). The same applies from child to parent and between grandparents and grandchildren. This is general information, not legal or tax advice.
Is a property transfer between husband and wife exempt from stamp duty?
A gift of property between husband and wife is exempt from stamp duty under the Stamp Duty (Exemption) (No. 10) Order 2007, P.U.(A) 420/2007, listed by LHDN. The couple must be legally married at the time and no price is paid. Confirm the conditions for your case with LHDN or your lawyer.
Do I pay RPGT if I give my house to my child?
No, if you are a Malaysian citizen. Under paragraph 12 of Schedule 2 to the RPGT Act, a gift between spouses, parent and child, or grandparent and grandchild is treated as no gain, no loss for the donor. Both sides must still file RPGT returns through e-CKHT within 60 days.
What happens to RPGT when my child later sells the gifted house?
Your child takes over your original price plus permitted expenses, so the gain is measured from what you paid. The holding period generally runs from the gift date: a Malaysian citizen selling within five years pays 30%, 20% or 15%, and 0% from the sixth year, after exemptions.
Can I transfer a house that still has a bank loan to my family?
Usually only after the loan is settled or refinanced, because the bank holds a charge on the title. Many families have the recipient take a new loan, which needs the recipient to qualify on income and DSR, and the new loan agreement generally carries 0.5% stamp duty.
Can I transfer property to my brother or sister without stamp duty?
No. The family reliefs cover only spouses, parents and children, and grandparents and grandchildren. A gift between siblings pays full stamp duty on market value, and for RPGT it is treated as a disposal at market value.
Can I transfer my Johor house to a foreign spouse or child?
It needs state approval under section 433B of the National Land Code. Since 1 July 2025 Johor charges 2% of the JPPH valuation or RM20,000, whichever is higher, for love-and-affection transfers to immediate family, plus RM2,000 per title. A non-citizen gets no parent-child stamp duty relief.
Planning a transfer, sale or new home for family?
Tell me where the property is, who in the family it is for and whether it still has a loan. I can share recorded and asking prices for similar homes, talk through selling versus keeping, and help you find a home for a child or parents if buying suits your family better. Your lawyer and LHDN handle the transfer itself. You can also book an appointment, or a Zoom consultation if family members are abroad.
Sources: LHDN, list of stamp duty orders (P.U.(A) 420/2007 husband and wife; P.U.(A) 434/2002), checked November 2026; Skrine, “Stamp duty exemption for transfer of property between parent and child and grandparent and grandchild gazetted”, 15 June 2023; Skrine, “Stamp Duty (Remission) (No. 2) Order 2019 Revoked”, 30 June 2023; EY, stamp duty exemption for the transfer of property on grounds of love and affection (P.U.(A) 178/2023), June 2023; Ministry of Finance, statement on stamp duty exemptions for first homes and love-and-affection transfers, 9 June 2023; PwC, Malaysian Tax Booklet 2026/2027, stamp duty (scale, 8% foreign rate, self-assessment phases, loan agreements), checked November 2026; LHDN, stamp duty exemptions and reliefs, updated 21 July 2026; ACCA, Malaysian stamp duty technical article (law as at 31 March 2023); Mah Weng Kwai & Associates, transfers between family members: stamp duty and RPGT exposure, updated 21 July 2020; The Star, “Budget 2027: Govt proposes stamp duty exemptions for first-time homebuyers”, 9 October 2026; EY, stamp duty exemptions on the purchase of first residential homes (2021 orders), February 2021; LHDN, deemed no gain no loss disposals (paragraph 12 and paragraph 3, Schedule 2, RPGT Act), updated 18 May 2026; LHDN, disposal and acquisition dates, updated 18 May 2026; LHDN, responsibilities of disposer and acquirer (e-CKHT, 60 days, section 21B), updated 26 June 2026; LHDN, RPGT rates, updated 23 June 2026; LHDN, RPGT exemptions, updated 22 June 2026; The Sun, “Gifting of real properties between immediate family members”, 25 April 2022; ACCA, RPGT technical article (law as at 31 March 2024); Donovan & Ho, “Transferring a property not pursuant to a sale”, updated 22 March 2024; Pejabat Tanah dan Galian Johor, Pekeliling PTG (D) Bil. 3 Tahun 2025 (registration and foreign acquisition fees from 1 July 2025), 13 June 2025; Halim Hong & Quek, Johor’s legal and tax framework for foreign acquisitions, 6 October 2025; New Straits Times, “Foreigners hit Johor property resale wall”, 20 April 2026; Conventus Law, “The Solicitors’ Remuneration Order 2023”, 15 September 2023
Jason Lim, REN 84424, IQI Realty Sdn. Bhd. E (1) 1584/6. General information checked on 6 November 2026, not legal, tax or financial advice. Stamp duty orders, RPGT rules and land office fees change; confirm your case with a lawyer, LHDN, your bank and the land office before you sign.