Malaysia has announced multiple tax and compliance changes effective in 2026, introducing expanded eInvoicing obligations, revised stamp duty and capital gains tax treatments, adjustments to indirect taxes (SST, excise and carbon), and updates relevant to taxpayers, employers and global mobility. These developments will have practical implications for compliance, reporting, payroll and crossborder operations from 1 January 2026.
eInvoicing: Expanded Mandatory Requirements
From 1 January 2026, eInvoicing compliance is broadened with new thresholds and submission requirements:
- Mandatory compliance for taxpayers with annual revenue up to RM5 million, with a concession to use consolidated eInvoices extended to 31 December 2026
- Monthly consolidated eInvoice submissions must be made by the 7th of the following month (e.g., January eInvoices by 7 February)
- Transactions with a value > RM10,000 require individual eInvoices with customer identification (TIN, NRIC or company registration number)
- Entities with FY2022 revenue below RM1 million must implement eInvoicing by 1 July 2026 if revenue in FY2023–FY2025 meets or exceeds RM1 million
- Exemption for turnover < RM1 million does not apply if part of a group with related companies meeting the higher revenue threshold
- Wholesalers and construction materials retailers may issue consolidated eInvoices, except where transaction values exceed RM10,000 or if buyers request transaction level invoices
- IRBM’s eInvoice Compliance Framework allows voluntary disclosure for noncompliance, with anticipated favourable consideration for correcting technical issues.
Impact: Organisations must align invoicing systems, establish processes for customer data collection and implement new reporting timelines.
Stamp Duty: Transition to SelfAssessment and Penalty Waivers
From 1 January 2026, stamp duty compliance transitions to a selfassessment regime via MyTax:
- The STAMPS portal was discontinued on 31 December 2025
- Stamp duty returns must be submitted for every instrument; incorrect returns attract a 100% undercharge penalty, waived if submitted within calendar year 2026
- Late filing penalties remain; returns must be filed within 30 days of the instrument’s execution
- Failure to pay duty on time triggers a 20% penalty (minimum RM100), reduced to 10% (minimum RM50) where voluntary disclosure applies
- Employment contracts with remuneration up to RM3,000 per month are stamp duty exempt, with optional exemption certificates available via MyTax
- Residential property stamp duty for foreigners increases from 4% to 8%; commercial/industrial property remains at 4%
Action: Ensure timely filing and selfassessment compliance to avoid penalties.
Capital Gains Tax (CGT) and RPGT Updates
Effective 1 January 2026, statutory definitions and CGT treatments are refined:
- ‘Shares’ and ‘disposal’ definitions expanded to confirm CGT applies to liquidation, redemption and conversion of shares
- CGT returns are required even where there is no gain
- Disposals by nominees are treated as disposals by the beneficial owner; transfers between nominee and beneficial owner are disregarded.
- Foreign capital asset losses are not allowable for CGT purposes
Real Property Gains Tax (RPGT)
- Acquirers must retain and remit a portion of sale consideration within 60 days of disposal, based on assessed RPGT
- If the assessed RPGT is lower than the retention amount, only the assessed amount needs to be remitted
- IRBM can now permit instalment payments for RPGT where the tax due exceeds the retention sum
- Unutilised RPGT losses arising from disposals before 1 January 2026 can be carried forward until 31 December 2035; losses arising from 1 January 2026 can be carried forward for up to 10 years
Note: Coordination between buyers and sellers is critical to avoid cashflow disputes.
Labuan Business Activity Tax: Substance and SelfAssessment
Labuan trading entities face strengthened compliance:
- Minimum substance requirements must be met with fulltime ‘fit and proper’ personnel physically based in Labuan; general administrative staff do not qualify
- Outsourced service providers cannot satisfy substance requirements
- Noncompliance results in a 24% tax rate (compared with 3%)
- Labuan entities operate under a self assessment regime with a filing deadline of 31 July 2026 for December yearends (extended to 31 August 2026 under the grace period)
Implication: Workforce planning and tax structuring must be revisited for Labuan entities.
Indirect Taxes: SST, Excise Duties and Carbon Tax
From 1 January 2026, indirect tax changes include:
- Service tax rental/lease exemption threshold for MSMEs increased to RM1.5 million
- Service tax rate on rental/lease services reduced from 8% to 6% (benefiting tenants of all sizes)
- Service tax exemption extended for certain preJuly 2025 construction contracts until 30 June 2027
- Sales tax exemptions for inputs used in animal feed, fertiliser and insecticide production to support agricultural supply chains
- Revised excise duty valuation rules for CKD vehicles deferred to 30 June 2026
- Import and excise duty exemptions for CBU electric vehicles expired on 31 December 2025, with new applicable rates reinstated
- Exemptions for import duty, excise duty and sales tax on vehicles into Labuan and Langkawi limited to vehicles valued up to RM300,000 from 1 January 2026
- Carbon tax on iron, steel and energy sectors announced for 2026; details and implementation timing are pending
Implications: SST and excise revisions will require updates to pricing, compliance and reporting controls.
Global Mobility & Personal Tax
Key developments for individuals and employers:
- OECD guidance clarifies that remote working does not automatically trigger a permanent establishment (PE); a twopart test applies (time threshold and commercial purpose). Malaysia reserves rights to agree alternative thresholds
- Dividend income received in 2025 must be declared in YA 2025 returns; nonexempt income is taxed at 2%
- Distributions from LLPs from 1 January 2026 are subject to 2% tax
- IRBM has intensified issuance of CP500 bimonthly instalment notices, including to individuals with mixed income sources. Penalty waivers for nonpayment apply for YA 2026, but verification in MyTax is advised
Action: Communicate filing obligations to employees and assess crossborder working arrangements for tax risk.
Malaysia - Global Insights
For further detailed guidance on tax, compliance and mobility requirements in Malaysia, visit our Malaysia Global Insights on the activpayroll website.
Next Steps
For further guidance on managing these updates and ensuring compliance, please complete our Contact Us form and a member of our expert team will be happy to assist with your queries.