A land sale transaction in Indonesia involves more than just the buyer and seller — the government is also a key party through tax obligations. Before the land certificate can be transferred, several types of taxes must be settled. Understanding the types, calculations, and responsible parties is essential to avoid legal issues in the future.
Also Read: Tax Subjects: Definition, Legal Basis, and Key Differences
Types of Taxes in Land Sale Transactions
Final Income Tax (PPh – Paid by Seller)
- Rate: 2.5% of the transaction value or the highest NJOP (Tax Object Sale Value).
- Paid by: Seller.
- Legal basis: Government Regulation No. 34 of 2016.
- Example: If the land is sold for IDR 500 million, then PPh = 2.5% × IDR 500 million = IDR 12.5 million.
BPHTB (Duty on the Acquisition of Land and Building Rights)
- Rate: 5% × (Sale price – NPOPTKP).
- Paid by: Buyer.
- NPOPTKP: Non-Taxable Acquisition Value, varies by region (e.g., IDR 60 million in Jakarta).
- Example: If the land is sold for IDR 500 million, then BPHTB = 5% × (IDR 500 million – IDR 60 million) = IDR 22 million.
Luxury Goods Sales Tax (PPnBM – if applicable)
- Applied if the object sold is classified as a luxury item, usually high-value land and buildings. Typically not applicable to standard land transactions.
The Role of Notary/PPAT in the Tax Process
The PPAT (Land Deed Official) is responsible for ensuring that all tax obligations are settled before signing the Deed of Sale and Purchase (AJB). Without proof of tax payment, the AJB cannot be signed, and the certificate cannot be transferred at the Land Office (BPN).
Steps in the Land Sale and Purchase Tax Process
- Negotiate the price and finalize the sale agreement.
- Check the land certificate at the Land Office (BPN).
- Calculate and pay the PPh and BPHTB.
- Submit tax payment receipts to the notary/PPAT.
- Sign the Deed of Sale and Purchase (AJB).
- Transfer ownership at the Land Office.
Land Sale and Purchase Tax FAQ
Who is responsible for paying land sale and purchase taxes?
The seller pays the Income Tax (PPh), and the buyer pays the BPHTB.
What happens if the taxes are not paid?
The Deed of Sale and Purchase (AJB) cannot be created, and the land certificate cannot be transferred.
Can BPHTB be paid after signing the AJB?
No. It must be paid before the AJB is signed.
Where can I pay land sale and purchase taxes?
Through designated banks or online systems connected to the Directorate General of Taxes (DJP).
Is NJOP always the basis for tax calculation?
Tax is calculated based on the higher value between the sale price and NJOP.
Also Read: Types of Property Sale and Purchase Taxes
A land sale transaction is more than just a simple buy-and-sell process. Tax obligations must be fulfilled to ensure the legality of the transaction. Both buyers and sellers should understand the applicable taxes, who pays them, and how to calculate them. Don’t hesitate to consult a notary/PPAT or a tax officer to ensure a smooth and trouble-free process.
If you need assistance with tax management in Indonesia, you can rely on tax consultancy services from vOffice. Our team can assist you with various tax-related matters, including:
