All employment contracts signed after January 1, 2026 in Malaysia will now need a stamp duty as a measure to back regulations and make certain companies follow tax laws. The policy forms part of the government’s gradual launch of the STSDS which is part of Budget 2025. Because of this change, every employer in the public and private sectors must now stamp every contract to prevent paying fines for non-compliance.
New Policy to Tighten Compliance
Under the IRB’s guidelines, employers breaking the new mandate will face penalties based on the Stamp Act 1949 that regulates taxation of documents in Malaysia. Many view this law as a method to boost honesty at workplaces and increase the earnings for the government.
According to the IRB’s statement, employers have to review and revise all their existing and upcoming employment agreements to comply with the new stamp duty rules.
Transitional Arrangements for 2025
There are different stages in the IRB’s approach to ease the transition process.
- Contracts signed before January 1, 2025 will be exempt from the stamp duty requirement altogether.
- Contracts signed between January 1, 2025, and December 31, 2025, though subject to stamp duty, will not incur penalties if the documents are stamped by the end of 2025.
The period was allowed so employers have enough time to adjust their HR procedures, contract templates, and employee payroll to fit with the coming STSDS regulations.
Implications for Employers
Although stamp duty has always been a practice in Malaysia, from now on, all employment contracts, at all job levels and salaries, must follow it. In the past, these documents were only stamped when needed for a lawsuit or visa workplace.
Due to the new mandate, HR departments all over the country are advised to set up extensive documentation and tracing systems to prevent any delays or accidents.
Key employer responsibilities under the new rule include:
- Auditing all employment-related documentation from now until the end of 2025
- Stamping all new contracts promptly to avoid future penalties
- Educating HR staff and legal teams on Stamp Act obligations
- Incorporating stamp duty costs into employment budget planning
A Step Toward Digital Tax Reform
Malaysia is using mandatory stamping of employment contracts as one of its main strategies in going digital with taxes. The system online lets people and companies check their own tax, and then pay stamp duty conveniently. Philosophy of the country to reach greater transparency and tech progress is supported by introducing STSDS over time, which will make financial compliance easier for employers while reducing much of the current paperwork.
Some argue that the added bureaucracy is needed for good in regard to taxes and labor, though it worries businesses since inflation and slow economic growth already burden small and medium-sized enterprises.
According to a senior HR manager (without giving their name), the directive makes things more difficult for companies that have a lot of employee turnover. While the grace period works well, things can be made more straightforward on both enforcement and technical aspects.
By the time the 2026 deadline arrives, more activity from legal advisors, HR teams, and compliance people will be seen as they help bring employment laws in line with the stamp duty rules. It is being advised by experts that businesses deal with this issue quickly and get legal advice on how the new rules match the details of their contracts.
