MINISTER OF FINANCE REGULATION NUMBER 78 OF 2024 (PMK 78/2024) ON STAMP DUTY IMPLEMENTATION PROVISIONS

MINISTER OF FINANCE REGULATION NUMBER 78 OF 2024 (PMK 78/2024) ON STAMP DUTY IMPLEMENTATION PROVISIONS

This regulation aims to provide convenience in fulfilling stamp duty payment obligations, as well as to provide legal certainty in the implementation of stamp duty collection in accordance with the principle of regulatory simplification.

Below are some key provisions found in PMK 78/2024:

1. Objects, Due Time, and Payment of Stamp Duty
   1. Stamp Duty is imposed on:
      1. Documents used as evidence in court;
      2. Documents created to explain a civil event, such as:
         • Agreements, certificates, declarations, or other similar documents, including copies;
         • Notarial deeds along with the originals, copies, and excerpts;;
         • Deeds of Land Deed Officials along with copies and excerpts;
         • Securities in any name and form;
         • Securities transaction documents, including futures contract transaction documents, in any name and form;
         • Auction documents, including auction minutes, auction minutes copies, and original auction minutes;
         • Documents stating a sum of money with a nominal value exceeding IDR 5,000,000.00 (five million rupiah) that:
           1. Mentions receipt of money; or
           2. Contains acknowledgment that the entire or part of the debt has been settled or offset; and
         • Other documents as determined by Government Regulation.
           
   2. Stamp Duty is due at the following times:
      1. When the document is signed, for agreements and copies, notarial deeds, and deeds of Land Deed Officials;
      2. When the document is completed, for securities, securities transaction documents;
      3. When the document is submitted to the relevant party, for certificates, declarations, auction documents, and documents stating a sum of money;
      4. When the document is submitted to the court, for documents used as evidence in court;
      5. When the document is used in Indonesia, for documents made abroad.
   3. Stamp Duty payment is carried out using the following methods:
      1. Stamp, in the form of:
         • Affixed Stamp, by affixing a valid and unused affixed stamp for payment of stamp duty on a document
         • Electronic Stamp, by applying an electronic stamp on a document subject to stamp duty in electronic form through the Electronic Stamp System
         • Other Forms of Stamp, carried out by taxpayers who have obtained permission to produce stamps in other forms or taxpayers who have been designated as Stamp Duty Collectors
      2. Tax Payment Slip, with the following provisions:
         • pay the due stamp duty using the Tax Payment Slip;
         • create a list of documents when stamp duty payment is made for two or more documents, using the format provided by this Minister of Finance Regulation; and
         • attach the validated Tax Payment Slip with the State Revenue Transaction Number.
2. Subsequent Stamp Duty
   Subsequent stamp duty is applied to:
   1. Documents for which the stamp duty was not paid or was underpaid as required, and/or
   2. Documents used as evidence in court
3. Stamp Duty Collector
   1. Documents that must be collected by the Stamp Duty Collector are certain documents, including securities, securities transaction documents, certificates, declarations, and documents stating a sum of money with a nominal value greater than IDR 5,000,000
      
   2. The Director General of Taxes may designate a taxpayer as a Stamp Duty Collector either ex officio or based on the taxpayer’s request, with the following criteria:
      1. Facilitating the issuance of documents such as securities, including checks and/or giro slips;
      2. Issuing and/or facilitating the issuance of securities transaction documents, including futures contract transaction documents, in any name and form; and/or 
      3. Issuing and/or facilitating the issuance of documents such as certificates, declarations, or other similar documents, and/or documents stating a sum of money with a nominal value exceeding IDR 5 million, based on the Director General of Taxes’ consideration.
4. Refund of Excess Tax Payments That Should Not Have Been Levied
   A request for a refund of excess tax payments that should not have been levied can be submitted in the following cases:
   1. A deposit that has not been used and/or is still remaining, which can be requested for a refund by the payer or distributor to the Director General of Taxes; and
   2. The collection of stamp duty that is higher than the amount that should have been collected due to an amendment of the stamp duty tax return, which can be refunded by the Stamp Duty Collector by submitting a request to the Director General of Taxes.
5. Transitional Provisions
   1. Upon the enactment of this Ministerial Regulation, Minister of Finance Regulations No. 133/PMK.03/2021, 134/PMK.03/2021, and 151/PMK.03/2021 are revoked and declared null and void
   2. This Ministerial Regulation shall come into effect on November 1, 2024.

For tax service assistance, please contact:

Rani Widianti

T. (+6221) 2222-0200

E. [email protected]

Alvina Oktavia

T. (+6221) 2222-0200

E. [email protected]