STATUS: REPLACED LAW NO. 13 of 1985 ON STAMP DUTY
EFFECTIVE DATE: 01 JANUARY 2021
KEY CONTENTS:
- Objects of Stamp Duty:
a. Documents created to explain matters of a civil nature:
i. Agreements, certificates, statement letters, or any similar type of documents along with its copies;
ii. Notarial deeds and Grosse, including copies and excerpts;
iii. Deeds of the Land Deed Officer along with the copies;
iv. Securities in any form and name;
v. Securities transaction documents including for futures contract transactions in any name or form;
vi. Auction documents in the form of excerpts, minutes, copies, and Grosse;
vii. Documents stating an amount of money of IDR 5 million, which:
– Describe the receipt of the money; or
– Contain an acknowledgment of debt or debt repayment, either entirely or partially;
viii. Other documents stipulated by government regulations.
b. Documents to be used as evidence in court.
2. Stamp Duty Rate
Stamp Duty is imposed 1 (one) time with a fixed rate of IDR10,000 (approximately USD0.6) for each document. This rate could be lowered or increased through government regulation based on the conditions of the national economy.
3. Stamp Duty Fee Payer
| Document Type | Payer |
| Documents made unilaterally | The party receiving the document |
| Documents made by two or more parties | Each party bears the stamp duty for the counterpart of the document it receives |
| Securities | The party issuing the securities |
| Documents submitted as evidence before a court | The party presenting the evidence |
| Documents entered into abroad and used in Indonesia | The party benefiting from the document |
4. The Event of Due and Payable
| Document Type | Stamp Duty Payable When |
| Agreements, certificates, statement letters, or any similar type of documents | The document is signed. |
| Notarial deeds and grosse, including copies and excerpts | The document is signed. |
| Deeds of the Land Deed Office | The document is signed. |
| Securities and securities transaction documents | The document is made. |
| Auction documents in the form of excerpts, minutes, copies and grosse | The document is handed over to the party for whom the document is made. |
| Documents confirming: (i) the receipt of money or (ii) an acknowledgment of debt or debt repayment | The document is handed over to the party for whom the document is made. |
| Documents submitted as evidence before a court | The document is presented. |
| Documents entered into abroad and used in Indonesia | The document is used in Indonesia |
5. Stamp Duty Exemption Facility
Law No. 10 of 2020 on Stamp Duty introduces Stamp Duty Exemption Facilities For:
- Documents on the transfer of Land and Building rights within a framework of accelerating the process of handling and restoring social conditions due to natural disasters;
- Documents on the transfer of Land and Building rights solely for religious or non-commercial activities;
- Documents on the implementation of Government programs and monetary or financial policies; and/or
- Documents related to the implementation of International Agreements under binding international treaties or reciprocal laws.
6. Transitional Provisions
Duty Stamp on dutiable documents made prior to 1 January 2021 can still continue to follow previous Stamp Duty regulation (Law No. 13 of 1985).
Stamp Duty printed based on previous Stamp Duty regulation (Law No. 13 of 1985) can still be used for a year after the effective date of Law No. 10 of 2020 on Stamp Duty (1 January 2022) by affixing multiple stamps with a total value of minimum IDR9,000.
Ways of using Stamp Duty printed based on Law No. 13 of 1985
Picture Source: Pos Indonesia
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