This article sheds a lot of new information besides the MM2H issue.
Look at how many hidden costs and rules.
After CNA, Asiaone give another warning liao
TLDR:
1 .Sinkies can only buy the worst plots at 1 Million bucks, no bumi lots, no farm plots, almost no landed. JHK won't buy from you. U can only sell to another kumgong foreigner.
2. 4% stamp duty for MOT, 2% state consent fee or 25k. Holding assesement tax 0.27% of annual value. quit rent ~RM0.03-0.04 psf, condo fees RM0.30-0.50 psf / month.
3. Real Property Gains Tax: 30 % gains within 5 yrs, 10 % thereafter, plus ~2 % agent fee and any loan prepayment penalties.
4.
MOT is critical – No stamped Memorandum of Transfer = you’re not the legal owner, alot of foreigner buyers kana this!;
5.
Rental tax – Non-residents pay flat 30 % on net rental; every expense must be documented (no 15 % deemed-expense shortcut like Singapore).
6. Housing Development (Control and Licensing) Act 1966 (HDA), not applied for all properties – Only Housing Development Act projects give standard SPA, progress-payment safeguards and defect liability.
Malaysia remains, hands down, Singaporeans' favourite foreign property location. Besides lower costs, proximity is a major issue here: we have the option to stay in Malaysia and rent out our property in Singapore, or vice versa, as the situation requires.
But we shouldn't overlook the fact that, despite the close distance, the Malaysian property market is still a very different entity from the one in Singapore — so with interest in properties (particularly Johor properties) heating up again, here are some of the key restrictions to ponder:
1. There is a minimum price threshold
Malaysia restricts foreign property purchases to units priced at or above a minimum threshold. In most cases, this means you need to purchase a property of at least RM1 million; but this varies by state and property:
In Kuala Lumpur, Johor, Selangor, and Penang Island, foreigners typically (not always) face a RM1 million (S$302,300) minimum for strata properties.
In states like Perlis, Kedah, and Sarawak, thresholds can be as low as RM500,000 to 600,000, especially for high-overhang strata units.
Special project waivers:
You might see some launches advertised at RM700,000 for foreigners, such as the recent Johor-based offering Summer Suites. These cases usually happen because the actual government valuation still reaches RM1 million, even if the developer is pricing it below that valuation or for other reasons (e.g., they specifically want to attract foreign buyers).
What are the implications for investors?
The minimum price threshold significantly impacts what you can buy, and who you can eventually sell to. Bear in mind that even if exemptions allow for a lower entry price (e.g. RM700,000), the threshold still applies on exit.
This means future foreign buyers must meet the RM1 million threshold when they buy from you. This potentially restricts the buyer pool, and it makes capital appreciation a necessity rather than a bonus, when you want to exit.
As such, the threshold turns resale planning into a critical part of the investment strategy. You really need to ensure the area has clear appreciation catalysts (e.g. RTS line, CIQ, SEZ), or that you're happy just collecting rental income, even if you never sell.
2. There are restrictions on the property types you can own
Foreigners in Malaysia are restricted from owning certain types of properties, regardless of price.
The main ones are Bumiputera-reserved units, which are allocated exclusively for ethnic Malays and other indigenous groups, and Malay-reserved land, which cannot be sold to non-Malays under any circumstances.
Some restrictions may vary between states. For example:
Selangor
- Foreigners can buy strata-titled properties and landed homes only in gated strata developments.
- Cannot buy agricultural land, auctioned properties, or properties under RM2 million in premium districts.
Sarawak
- Foreigners cannot buy any landed property or native customary land.
- Only strata-titled high-rise units above the price threshold are permitted.
Most states (e.g. Kedah, Kelantan, Sabah, Pahang, Terengganu, Negeri Sembilan)
Foreigners also cannot buy:
- Auctioned properties
- Certain single-storey terrace homes
- Properties on master titles without strata subdivision
One unfamiliar point for Singaporeans may be the variance in state-based rules, which is not something we encounter in single-city Singapore. Malaysia is a much larger country, so states need more flexibility to operate differently. You'll have to check out the rules specific to each state.
3. Stamp duties, taxes, and holding costs work differently
As with Singapore, there are stamp duties and taxes; but in Malaysia, the cost structure is very different; it can differ depending on the state and project. The timelines involved (e.g., when the duties are paid) can also differ, so you should check when each item is payable, with your law firm or realtor.
Entry costs:
- Stamp duty on the Memorandum of Transfer (MOT) is tiered, but for foreigners, you'll generally be paying around four per cent of the purchase price. We have more on this below.
- State consent fees also apply to foreign buyers; typically two per cent of the property price or RM25,000, whichever is higher.
- If you're buying a new launch, developers may bundle in legal fees or offer rebates, but these vary widely. For some new launches, it is even possible to get a 100 per cent rebate on initial down payment amounts, but this is not a universal practice.
Holding costs:
- Assessment Tax (Cukai Taksiran): Roughly 0.27 per cent of the property's annual value, paid to local councils.
- Quit Rent (Cukai Tanah): A nominal land tax, often around RM0.03-0.04 psf annually.
- Maintenance fees and sinking funds: These are typically RM0.30-0.50 psf per month, plus a 10 per cent contribution to the sinking fund.
- Rental income tax: Rental income is taxable on a progressive scale. The first RM5,000 may be exempt, but after that, you'll need to report and pay income tax in Malaysia. We have more on this below.
Exit costs:
Real Property Gains Tax (RPGT) applies to capital gains from selling your property. RPGT is 30 per cent of the gains if you sell within the first five years of buying. For foreigners, RPGT then becomes 10 per cent after the first five years; there's no way to completely avoid this as a foreign buyer.
(The gain is calculated as the selling price minus the original purchase price, plus allowable deductions, such as renovation costs, legal fees, agent commissions, and stamp duty on acquisition.)
Other costs include agent commissions, which are roughly the same as in Singapore (about two per cent of the transaction price) and early prepayment penalties, which depend on the bank in question — this is similar to Singapore though, where paying off some home loans early may involve a penalty of 1.5 per cent of the loan amount redeemed. This exact amount will vary based on the terms and conditions of your loan and the bank you use.
For investors, you need to account for these entry, holding, and exit costs in your ROI calculations, and not just rely on a low entry price. The key factor to watch for is the capital gains tax, of which we have no equivalent in Singapore.
4. Understanding the MOT
The MOT is a critical legal document, as it formally transfers ownership of the property from the seller to you. While the Sale and Purchase Agreement (SPA) outlines the terms of sale, it is the MOT that legally registers your name on the property's title.
Without it, you are not recognised as the lawful owner by the Malaysian land authorities.
For most buyers, especially foreigners, the MOT is signed either at the point of sale (if the title has already been issued) or upon completion for new launches.
This document must be stamped and lodged with the relevant land office, and stamp duty is payable based on a tiered rate structure: The first RM100,000 of the property's value is taxed at one per cent; the next RM400,000 is taxed at two per cent, and so forth.
Any value above RM1 million is taxed at four per cent (and remember that as a foreigner, you generally have to buy a property that's at least RM1 million). Note that the MOT is based on the higher of the valuation or selling price, just like the Buyers Stamp Duty (BSD) in Singapore.
If a mortgage is involved, you'll also sign a separate document called a Memorandum of Charge (MOC). This registers the bank's right to foreclose on the property if you don't pay the loan.
As with any stamp duty, make sure you budget for the MOT before buying — it's on top of the price of your property.