Insights

Understanding Exemption of Levy on Acquisition of Land and Building Rights (BPHTB) in DKI Jakarta

By Adrian Fernando / 3 October 2023

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Get information from IGNOS on the exemption of BPHTB in the DKI Jakarta area, including the conditions and application process.

Key Points

  1. BPHTB exemption can be granted for the first-time acquisition of rights, either due to the transfer of rights or the granting of new rights.
  2. The object that can be exempted from BPHTB must be a landed house, with a maximum price of Rp2,000,000,000.-.
  3. BPHTB exemption only applies to individuals.
  4. Application for BPHTB exemption is submitted via ebphtb.jakarta.go.id.

Background

Levy on Acquisition of Land and Building Rights (Bea Perolehan Hak Atas Tanah dan Bangunan BPHTB”) is a tax on the acquisition of land rights and/or building, which is designated as regional government treasury. The BPHTB tariff is determined by the regional government, but may not exceed 5% of the acquisition value of the tax object (Nilai Perolehan Objek PajakNPOP”) after deducting the acquisition value of the non-taxable tax object.

On 28 August 2023, the Regional Government of DKI Jakarta enacted the Governor Regulation of DKI Jakarta No. 23 of 2023 on Exemption of BPHTB for First-Time Property Acquisition with NPOP up to Certain Value. This article will elaborate the conditions and applications of BPHTB exemption based on the above Governor regulation.

The Conditions for BPHTB Exemption

BPHTB exemption is given at 100%, or in other words the BPHTB rate charged is Rp0,-. However, this policy only applies if the following conditions are fulfilled:

  1. first-time acquisition of rights;
  2. acquisition of landed houses;
  3. maximum transaction value or the value of NPOP is Rp2,000,000,000.-;
  4. the applicant is individual.

 

First-time acquisition of rights includes:

  1. transfer of rights, among others sale and purchase, grant, grant testament, and/or inheritance;
  2. granting new rights.

 

The BPHTB exemption can also be granted even though the first-time acquisition of rights is obtained by more than one individual (for example due to inheritance).

The Application to Obtain BPHTB Exemption

To apply for BPHTB exemption, the applicant must submit the request via ebphtb.jakarta.go.id when reporting the tax payments, by attaching a statement letter according to the format specified in the Governor regulation. If the first-time acquisition of rights is obtained from a government program, then apart from attaching that statement letter, the applicant is also required to attach a certificate of land rights.

Key Contacts

Please get in touch with the designated key contacts via phone or email if you have any inquiries or would like to learn about the potential impact on your business.
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Ivor I. Pasaribu

Managing Partner
+62 21 2276 1962
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Adrian Fernando

Partner
+62 21 2276 1962

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Facsimile : +62 21 2276 1963
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