Circular No. 23/13: Delays at Johor Bahru Stamp Duty Office

The Conveyancing Practice Sub Committee has recently received numerous complaints from members regarding the inordinate delay in stamping of documents at the Johor Bahru Stamp Duty Office.

Presently, stamping of documents can be done either manually or by E-Taksiran. We are informed that stamping by E-Taksiran typically takes 3 days while manual stamping typically takes about 5 days and entails documents being left at the counter for the officer’s signature.

E-Taksiran requires electronic filing of the documents requiring stamping, to enable the Stamp Duty Office to issue the Notis Taksiran. Thereafter payment of stamp duty can only be made using the Notis Taksiran whereupon the Sijil will be issued.

CAUSES OF DELAYS

The Conveyancing Practice Sub Committee has met up with Encik Meor Shahrul Nisam Bin Naserudin and Encik Sashitaran of the Stamp Duty Office on 6-6-2013 regarding the delays. We are informed as follows:

1. The delay in stamping of documents was a nationwide problem and not confined to the Johor Bahru Stamp Duty Office.

2. The delay was caused by a breakdown in the nationwide computer system for about a month prior to 3 June 2013. The breakdown was rectified on 3 June 2013.

3. As a result of the breakdown, the Stamp Duty Office was unable to process and issue the Notis Taksiran. This accounted for the delay where E-Taksiran was used.

4. Further, as a result of the breakdown in E-Taksiran, manual stamping was preferred. This led to an increase in the volume in manual stamping and coupled with the shortage of officers to sign the manually stamped documents, manual stamping also encountered inordinate delays.

REMEDIES

We are informed by Encik Meor and Encik Sashitaran that there is no more delay in stamping by E-Taksiran where documents were electronically filed after 3 June 2013.

However, for documents electronically filed prior to 3 June 2013 there will continue to be delay as the Stamp Duty Office is unable to retrieve such documents for purposes of issuing the Notis Taksiran. If you have yet to receive the Notis Taksiran for such documents, kindly call Encik Meor or Encik Sashitaran personally. You may have to file your documents electronically again.

Encik Meor and Encik Sashitaran also informed us that delays in E-Taksiran are also caused by incomplete documents filed electronically or failure to key in information required or keying in the wrong information. Among the common mistakes/errors are failure to fill in the dates, amounts and number of copies. The Stamp Duty Office has requested us to remind members to ensure that they or their staff do check the documents thoroughly before filing electronically.

E-PAYMENT

Encik Meor and Encik Sashitaran have informed us that since 15-12-2012 the Stamp Duty Office has implemented a nationwide E-Payment system for payment of stamp duty. This is an extension of E-Taksiran and would streamline the whole process of stamping documents from A-Z. With E-Payment, there will be no need for members or their staff to attend at the Stamp Duty Office. Once the Notis Taksiran is issued, members can simply pay the stamp duty on line and thereafter print from the comfort of their office, the Sijil which will be electronically issued.

The Stamp Duty Office has requested us to encourage members to sign on the E-Payment system. Details can be obtained from the LHDN website. Encik Meor and Encik Sashitaran have also informed us that the Stamp Duty Office is on a nationwide roadshow to encourage the use of E-Payment and will invite the Johor Bar to attend the roadshow when it arrives in Johor Bahru.

Whilst this episode of inordinate delay is unfortunate and may even discourage members from using E-Taksiran or E-Payment, the Conveyancing Practice Sub Committee is of the view that the tide of internet transactions cannot be turned back. We must embrace these changes with an open mind lest we find ourselves left behind in this inevitable march into the internet future… perhaps a future filled with endless possibilities.

Thank you.

THO KAM CHEW

CHAIRPERSON

CONVEYANCING PRACTICE SUB COMMITTEE

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