Should a foreigner buy property in Malaysia in their own name, jointly, or through a company?

Updated 29 October 2026. Prices, fees and taxes on this page are current at that date, are not guaranteed and may change in future. Sources are listed at the end.

Short answer: Most foreign individuals buy in their own name: it is the simplest, needs one state approval, and is what banks lend on most readily. Joint names with a spouse or partner work too, and each owner is named on the title. A company is possible, but a company where foreigners hold 50% or more of the voting shares counts as a foreign company, still needs state approval and pays the same 8% stamp duty, with different tax and lending rules. Get legal and tax advice before choosing a company.

Don't put the property in a local friend's name. Holding through a Malaysian nominee to get around the foreign-buyer rules leaves you with no legal title and no protection if things go wrong.

The three options compared

	Your own name	Joint names	A company
State approval	Yes, as a foreign buyer	Yes; ask your lawyer how a mix of foreign and Malaysian owners is treated	Yes, if foreigners hold 50% or more of the voting shares
Stamp duty on transfer	8% for a non-citizen who is not a permanent resident	Ask your lawyer how it applies to each owner's share	8% for a foreign company
Bank loan	Most straightforward	Both owners usually apply together	Harder; banks often ask directors to guarantee
Tax on rent and resale	Individual rules	Each owner on their share	Company rules, which differ; ask a tax adviser
When an owner dies	Probate or letters of administration	Depends on how the title is held; each owner's share passes under their estate	The company keeps owning; the shares pass
Ongoing cost	None extra	None extra	Company secretary, audit and tax filings each year

General comparison. The right choice depends on your family, tax position and plans, so get advice for your case.

Buying in your own name

This is the usual route. Your name goes on the title once the state approves the purchase. If you are an MM2H applicant, ask about the programme's ownership rules before choosing anything else. See MM2H.

Buying jointly

Couples often buy together, so both are on the title. If one of you is Malaysian, ask your lawyer before booking how the land office will treat the purchase, as states can still treat it as a foreign acquisition. Think about what happens if one owner dies. See Can foreigners inherit property?

Buying through a company

Under the National Land Code, a company in which non-citizens or foreign companies hold 50% or more of the voting shares is treated as a foreign company, and needs the state's written approval to buy land. From 1 January 2026 the 8% stamp duty also applies to transfers of homes to foreign companies. A company can make sense for some investors, but it adds yearly costs and paperwork, and the tax treatment differs from an individual's.

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Frequently asked questions

Can a foreigner buy property in Malaysia through a company?

Yes. A company in which non-citizens or foreign companies hold 50% or more of the voting shares is a foreign company under the National Land Code and needs the state's written approval. Since 1 January 2026, transfers of homes to foreign companies carry 8% stamp duty.

Can a foreigner and a Malaysian buy property together?

Yes, both can be on the title, but ask your lawyer before booking how the state will treat the purchase, since it can still be treated as a foreign acquisition and need approval.

Is it better to buy in my own name?

For most foreign individuals, yes: it is the simplest, needs one approval, and is what banks lend on most readily. A company adds yearly costs and different tax rules.

Can I use a Malaysian nominee to buy property?

It is not a safe route. A nominee holds the legal title, so you would have no registered ownership and little protection if anything goes wrong.

What happens to jointly owned property when one owner dies?

It depends on how the title is held. Each owner's share generally passes under their estate, through probate or letters of administration. Ask your lawyer to explain the options when you buy.

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About the author

Seann Siow is a registered estate negotiator in Kuala Lumpur (REN 34312) with more than 10 years in property. He helps foreign buyers and relocating families buy new condominiums in Kuala Lumpur.

More about Seann

Sources

Checked 29 October 2026.

National Land Code, sections 433A (definition of foreign company: non-citizens or foreign companies holding 50% or more of the voting shares) and 433B (state approval).
Finance Act 2025 (Act 874), sections 25, 26 and 29(b), amending the Stamp Act 1949 from 1 January 2026 (8% stamp duty on homes transferred to non-citizens who are not permanent residents, and to foreign companies).
Ministry of Economy, Garis Panduan Perolehan Hartanah (Guideline on the Acquisition of Properties), in force 13 July 2022 — ekonomi.gov.my.
Azmi & Associates, "Legal framework on the procedures for the acquisition of property by a foreign company" — azmilaw.com.

General information, checked on the date shown, not legal, tax or financial advice. Rules and fees change; confirm them for your purchase with the state land office, a lawyer or a tax adviser. All prices, fees, taxes and figures on this page are based on information current at the date checked, are not guaranteed, and may change in future. Seann Siow, REN 34312.