“Passport/Visa Holder” Foreigner in Indonesia Prospect Foreign Buyer contact Seller and signing of Purchase Order and Sales & Purchase Agreement in the presence of a Notary Process of Certification by a Land Deed Making Official (PPAT) to the National Land Agency (BPN) Sales & Purchase Deed + The taxes (VAT & BPHTB / Transfer Duty) have been paid by the buyer or Paid Taxes (VAT + PPNBM / Luxury Tax + super luxury Income Tax Article 22 + BPHTB) after a certain amount by Buyer TRANSACTION PROCESS BY FOREIGNER Passport, Visa, or Stay Permit AJB TAXES Guidelines on Foreigners Property Ownership in Indonesia
SHMSRS Landed House or Conversion From Hak Milik* /HGB* (Hak Guna Bangunan) Certificate to Hak Pakai* Certificate Property Ownership Certificate can be used as Proof of Fund to Obtain Second Home Visa/Stay Permit *Please scan this barcode to access glossary for brief explanations and definitions of Indonesian law and property terminology SHMSRS/Strata Title Certificate Apartment HGB HAK PAKAI KITAS KITAP Guidelines on Foreigners Property Ownership in Indonesia 3
Foreigners who offers benefits for Indonesia, by : Doing business in Indonesia or Work in Indonesia, or Investing in Indonesia. Owning immigration documents : Passport ; Visa ; or Stay Permit : a a b b c c 1 2 SUBJECT REQUIREMENT Guidelines on Foreigners Property Ownership in Indonesia
TAXES a b c 2 4 1 3 The minimum price is differentiated by region as stipulated in ATR/BPN Ministerial Decree No. 1241/SK/HK.02/IX/2022 Primary home or secondary home Hak Pakai for Landed House Strata Title for Apartment Limitation of House and Land*: Size and Amount of Land/ Unit Landed House : 1 (one) unit/ plot of land, max size : 2000 m2 ** Apartment : no limitations on size and number of units; Designed and specified for residential housing (*) Does not apply to international organization and diplomatic/ consulate bodies (**) Permitted more by Minister approval OBJECT REQUIREMENT For diaspora, 75% of the price listed in ATR/BPN Ministerial Decree No. 1241/SK/ HK.02/IX/2022 applies. All Sales and Purchase Agreements made before September 12th, 2022, remain valid and can be notarized into a Sale and Purchase Deed and registered according to the provisions before the enactment of ATR/BPN Ministerial Decree No. 1241/ SK/HK.02/IX/2022. TAXES Notes : 1. 2. Guidelines on Foreigners Property Ownership in Indonesia 5
For apartments built on land with Hak Guna Bangunan, it has been regulated that foreigners do not eligible for rights over the land, but this does not affect the legality of property ownership (apartment unit). However, the obligations of foreigners (such as taxes arising from land ownership) still apply to the owner of the apartment unit. Foreigners can purchase apartments with the following titles : Apartments built on land with : 1. Hak Pakai or HGB rights on state-owned land. 2. Hak Pakai or HGB rights on Hak Milik 3. Hak Pakai or HGB rights on HPL* Strata Title (SHMSRS) Time period is for 80 years and is divided into 3 stages (30 years, extended for 20 years and renewal for 30 years). After the issuance of SLF (Sertifikat Laik Fungsi/ Functional Eligibility Certificate), the government may issue 50 years of right upfront. For land with underlying HPL, the government may issue 80 years upfront. Apartment buildings built on Hak Pakai or HGB are apartment units built in special economic zones, free trade and port zones, industrial zones and other economic zones (Including Urban areas and/or urban supporting areas, tourism areas, or areas that support the development of vertical housing and provide economic impacts to the community as regulated in GR 18/2021). Hak Milik atas Satuan Rumah Susun APARTMENT HGB or Hak Pakai may have an underlying title under it, named HPL. There is additional payment for HPL Recommendation if there are any legal actions performed to such title. This applies to both foreign or local title owners with HPL as underlying title. Foreigners can purchase landed house with the following titles : Hak Pakai Hak Pakai on Hak Milik Hak Pakai on Hak Pengelolaan* Hak Pakai converted from Hak Milik and HGB The Period is 80 years and is divided into three stages (30 years, extend to 20 years and renewal for 30 years) *Please scan this barcode to access glossary for brief explanations and definitions of Indonesian law and property terminology Hak Pakai LANDED HOUSE LANDED HOUSE OWNERSHIP TITLES Guidelines on Foreigners Property Ownership in Indonesia
REQUIRED IMMIGRATION DOCUMENTS Valid Passport Visit Visa Diplomatic Visa Service Visa Limited Stay Visa Second Home Visa Visit Stay Permit Diplomatic Stay Permit Service Stay Permit Limited Stay Permit Second Home Limited Stay Permit Permanent Stay Permit Second Home Permanent Stay Permit Passport Visa Stay Permit or or Guidelines on Foreigners Property Ownership in Indonesia 7
ITAS for 30 (thirty) days : 1. For Visa on Arrival 2. Cannot be extended ITAS for 2 (two) years : 1. Can be extended up to 6 years stay ITAS for 90 (thirty) days : 1. For short periods of work 2. Can be extended to maximum of 30 days, with condition that the entire stay in Indonesia will not exceeding 180 days (maximum of 6 months) 1. Previously as ITAS Holder; Religious leaders, Investor, Employees, and Elderly 2. As ITAS Holder for 3 (three) years Application for Second Home Visa/ITAS (Temporary Stay Permit) is submitted by a foreigner or guarantor through an application by attaching : Passport (valid for at least 36 months), Statement of owning IDR 2 million in State-Owned Bank or Property Ownership Certificate, and Photo. 1. Mixed Marriage Family 2. After 2 (two) years of marriage Can be directly given to Ex-Indonesian Citizen in the Territory of Indonesia Second home visa/ stay permit is given to Foreigner to stay in Indonesia within 5 or 10 years. Ex Dual Citizenship Children Child born in Indonesia from Parents with ITAP and not from mixed-marriage LIMITED STAY PERMIT (ITAS) PERMANENT RESIDENCE PERMIT (ITAP) SECOND HOME VISA/ STAY PERMIT IMMIGRATION ASPECT Immigration document requirements in the from of Visa, Passport, or Stay Permit Foreigner with Visa on Arrival : 1. 30 days max 2. Can be extended once to 30 days Foreigner with Visa on Arrival : 1. 30 days max 2. Can be extended once to 30 days Foreigners from Visa- free countries : 1. 30 days max 2. Cannot be extended Foreigners from Visa-free countries : 1. 30 days max 2. Cannot be extended Foreigners with Visitor Visa : 1. 60 days max 2. Visit Visa for 1 trip can be extended to 4 times, max 30 days 3. Visitor with Multiply Entry Visa for 5 years, can not be extended (excl; ex Indonesian Citizen) Foreigners with Visitor Visa : 1. 60 days max 2. Visit Visa for 1 trip can be extended to 4 times, max 30 days 3. Visitor with Multiply Entry Visa for 5 years, can not be extended (excl; ex Indonesian Citizen) Valid passport (diplomatic, service, regular) from your originating country that is still valid at least 6 (six) months after arrival. VISIT STAY PERMIT PASSPORT VISIT VISA Guidelines on Foreigners Property Ownership in Indonesia
PROCESS OF ACQUIRING SECOND HOME VISA/STAY PERMIT Based on DG of Immigration No. IMI-0820.GR.01.01 of 2022 on Second Home Visa/Stay Permit Application for a Second Home Visa/ITAS submitted by a foreigner or guarantor through an application by providing : Passport (min 36 months), Statement Letter of having Rp. 2M, or Certificate of Property Title, and Photo ITAS for a Second Home is issued in electronic form and sent electronically to the email of the foreigner. The ITAS for a Second Home, which also serves as a Re-entry Permit, is issued at the Immigration Checkpoint and is valid from the date the entry stamp is given. Proof of Fund Statement Letter from Bank/Proof of Account which states such foreigner has deposited IDR 2 billion in a State-Owned Bank account; or Certificate of Property Title Submitted to the immigration office in the span of 90 (ninety) days after the issuance of Second Home Stay Permit Tariff Payment in the amount of (IDR 3.000.000 [three million rupiah]) is done in person (offline). If not ŝ possible, the Guarantor can do such payment Guidelines on Foreigners Property Ownership in Indonesia 9
Guidelines on Foreigners Property Ownership in Indonesia