Renting out property in Malaysia while living in Kuwait
Malaysia's rules for a landlord living in Kuwait: ownership, the rent agreement, who withholds tax, and how the rent reaches you.
The short answers
- Can I own property in Malaysia?
- A citizen of Malaysia living abroad: Yes. A Malaysian living abroad buys like any citizen.
- A foreign national: Yes, with conditions. Allowed above a minimum purchase price that each state sets, with the state authority's consent to the transfer. The federal floor of RM1 million applies in Kuala Lumpur and the federal territories; Selangor's prime zone is RM2 million, Penang island's landed property RM3 million, Johor RM1 million. Consent takes weeks and carries a state fee. No residency or visa is needed.
- Does the rent agreement need registering?
- Registration above three years. Stamping applies to every tenancy, however short.
- Who withholds tax on the rent, and how much?
- No withholding at source. Yes. Rent from Malaysian property is Malaysian-source income, taxed on net rent after allowable expenses such as loan interest, quit rent, assessment, maintenance and agent fees.
- How does the rent reach me in Kuwait?
- A non-resident may open a ringgit external account at a Malaysian bank, usually in person with a passport, and rent is a permitted credit to it.
- No restriction. Bank Negara's foreign exchange policy allows a non-resident to repatriate rental income freely once converted to foreign currency, with no approval and no limit.
- No limit and no declaration. Banks apply anti-money-laundering checks to large inward transfers.
Because you are a citizen of
These follow your passport, wherever you live and wherever the property is.
Renting out property in Malaysia
What applies because the property is in Malaysia, whoever owns it.
Who may own residential property
| Citizens living in the country | Allowed Anywhere, subject to the Malay reserved land and Bumiputera quota rules that apply to everyone. |
|---|---|
| Residents of any nationality | With conditions A resident foreigner buys under the same price floors and state consent as any foreigner; a Malaysia My Second Home visa does not lower the floor, though some states set a lower one for its holders. |
| Citizens living abroad | Allowed A Malaysian living abroad buys like any citizen. |
| Foreign nationals living abroad | With conditions Allowed above a minimum purchase price that each state sets, with the state authority's consent to the transfer. The federal floor of RM1 million applies in Kuala Lumpur and the federal territories; Selangor's prime zone is RM2 million, Penang island's landed property RM3 million, Johor RM1 million. Consent takes weeks and carries a state fee. No residency or visa is needed. |
More on ownership
- Barred outright
- Malay reserved land, Bumiputera-quota units, low- and medium-cost housing, and agricultural land, for every foreigner; property below the state's price floor.
- Inheritance and gifts
- A foreigner may inherit property subject to the same state consent, and must sell within a set period where the category is barred. No inheritance tax.
- Owning through a company
- A foreign-controlled company faces the same floors and consent and a higher transfer duty. Outside this guide.
Letting it out from abroad
- May a non-resident owner let it
- Yes, with no permit and no residency.
- Licences, permits, landlord registration
- None for a long-term let. Short-term letting is regulated by state and strata by-laws.
- Local agent or representative
- No. Agents licensed by the Board of Valuers are common for absent owners; nothing in law requires one.
The rent agreement
- Written agreement required
- In practice yes. A tenancy agreement must be stamped within thirty days of signing to be admissible in court, and stamping needs a document. A lease over three years should be registered on the title.
- Mandatory standard form
- None mandatory. Malaysia has no Residential Tenancy Act; the Housing Ministry has had one in drafting for years with no bill tabled as at the time of writing, so the agreement and the Contracts Act govern.
- Language
- English or Malay; English is the norm for tenancy agreements.
- Registry
- None for an ordinary tenancy. LHDN stamps the agreement; the land office registers only leases above three years.
- When registration is required
- Registration above three years. Stamping applies to every tenancy, however short.
- Who registers
- Either party, by convention the tenant, stamps the agreement online through LHDN's e-stamping service within thirty days; a landlord abroad signs and lets the agent or tenant stamp.
- Registration cost
- Stamp duty per RM250 of annual rent: RM1 for a term of up to a year, RM3 up to three years, RM5 up to five, RM7 above, with a minimum of RM10; the full annual rent has been chargeable since 1 January 2025.
- If it is not registered
- An unstamped agreement cannot be used in evidence until stamped with a penalty of up to RM100 or four times the duty.
- Stamp duty
- Lease duty under the Stamp Act 1949, paid online through LHDN within thirty days, usually by the tenant; see the registration cost for the rates.
- Notarisation and witnesses
- Not required. Witnesses are customary.
- E-signature
- Valid under the Electronic Commerce Act 2006, with the Digital Signature Act 1997 covering certificate-based signatures. Any reliable method works; MyDigital ID is a government login rather than a signing scheme.
- The usual term
- One or two years with an option to renew, which keeps the agreement under the registration threshold and the lower duty band.
Rules the agreement must respect
- Deposit
- No statutory cap. Two months' rent as security plus half a month for utilities is the norm, held by the landlord and returned on handover less deductions.
- Rent increases
- Whatever the agreement says. No rent control; increases are agreed at renewal.
- Notice periods
- As agreed, usually two months either side; the agreement's termination clause is what a court applies.
- Disputes
- The civil courts, with the Distress Act available to a landlord for unpaid rent. Self-help eviction and lock-outs are unlawful; a court order is needed.
- Mandatory disclosures
- Not applicable
Tax when the landlord lives abroad
- Is the rent taxed here
- Yes. Rent from Malaysian property is Malaysian-source income, taxed on net rent after allowable expenses such as loan interest, quit rent, assessment, maintenance and agent fees.
- Withholding at source
- No
- Withholding rate
- Not applicable
- Who withholds
- Not applicable
- What the tenant must register
- Not applicable
- How to reduce it
- Not applicable
- Filing and tax ID
- A non-resident individual files Form M by 30 June and pays a flat 30 percent on net rent with no personal reliefs; a resident pays the progressive scale instead. Selling triggers real property gains tax at the non-citizen rates.
- VAT or GST on rent
- None on residential rent; the sales and service tax does not reach it.
- Municipal and housing fees
- Quit rent to the state and assessment tax to the local council, both the owner's, plus strata maintenance and sinking fund.
Money inside the country
- How tenants pay
- DuitNow or bank transfer in ringgit; cheques are fading.
- Currency of rent
- MYR
- Bank account for a non-resident owner
- A non-resident may open a ringgit external account at a Malaysian bank, usually in person with a passport, and rent is a permitted credit to it.
- Paying rent to an overseas account
- Allowed under the foreign exchange notices; in practice rent lands in a local account and is converted.
- Taking rent out of the country
- No restriction. Bank Negara's foreign exchange policy allows a non-resident to repatriate rental income freely once converted to foreign currency, with no approval and no limit.
Living in Kuwait
What Kuwait asks of its residents who own and let property abroad.
Owning property abroad from here
- Buying abroad
- No restriction. A Kuwait resident may buy abroad anywhere the other country allows and move money out freely.
- Reporting foreign assets and accounts
- None for an individual.
- Tax at home on foreign rent
- None. Kuwait levies no personal income tax, so foreign rent is taxed only where the property sits.
- Bringing rent home
- No limit and no declaration. Banks apply anti-money-laundering checks to large inward transfers.
- Digital identity for e-signing
- The Kuwait Mobile ID signs within Kuwait. Abroad, a foreign platform's own e-signature or a paper signature does the job.
Sources
- Bank Negara Malaysia: repatriation of dividends, interest, rental, fees, commissions or profits — www.bnm.gov.my
- Bank Negara Malaysia: foreign exchange policy notices — www.bnm.gov.my
- Inland Revenue Board of Malaysia (LHDN): individuals, including non-residents and stamp duty — www.hasil.gov.my
- US Department of State: Malaysia investment climate statement (foreign ownership and exchange rules) — www.state.gov
- Ministry of Finance: exemption of foreign-source income for resident taxpayers — www.mof.gov.my
- MyDigital ID, the national digital identity — mydigitalid.my
- Income Tax Department of India: the India–Malaysia tax treaty — www.incometaxindia.gov.in
- Ministry of Justice of Kuwait (lease notarisation and the rental court) — www.moj.gov.kw
- Central Bank of Kuwait: the CBK law and foreign exchange supervision — www.cbk.gov.kw
- US Department of State: Kuwait investment climate statement (real estate ownership and remittance rules) — www.state.gov
- Prime Minister of India: the protocol amending the India–Kuwait tax treaty — www.pmindia.gov.in