Gov’t, House Approves Adjustments to Stamp Duty Bill

Stamp.

Commission XI of the House of Representatives overseeing financial affairs and the Government on Thursday (3/9) approved stamp duty bill which will be ratified in a plenary session.

According to Minister of Finance Sri Mulyani Indrawati, during a deliberation at the Working Committee level, various policy adjustments on stamp duty have been agreed on aimed to replace regulations which had never been revised for 34 years.

The decision to make adjustments, the Minister continued, is based on economic, social, legal, and information technology aspects that have developed rapidly, while adhering to the principles of simplicity, efficiency, justice, legal certainty, and benefits.

“The deliberation conducted in a very short time has resulted in a comprehensive draft bill previously submitted by Working Committee Chairperson, namely 32 Articles and matters that are essential in the revision of the Law which had never been revised for 34 years,” she said.

Seven points that have been agreed on, among others, are:

First, imposition of equal taxation on documents. There is currently inequality in taxation of documents since Law Number 13 of 1985 on Stamp Duty only regulates taxation of documents in paper form; therefore, it is necessary to enact a law to regulate stamp duty on rapidly developing electronic documents.

It is hoped that this adjustment will bring about an equal imposition of stamp duty on non-paper documents so as to provide a bigger sense of justice, she added.

Second, rate and limit on the value of documents subject to stamp duty. The rate in the new stamp duty bill is a single tariff at Rp10,000.00, she said.

On that occasion, the Minister also pointed out that the Government still provides supports to small and medium enterprises. Tariff for stamp duty and limit on the value of documents containing the amount of money subject to stamp duty in the bill have been devised in such a way, by taking into account the growth of small, micro, and medium enterprises and in favor of the public.

The tariff for stamp duty is agreed at Rp10,000.00 (ten thousand rupiah) and limit on the value of documents containing the amount of money subject to stamp duty is agreed at Rp5,000,000.00 (five million rupiah), she added.

Third, improve arrangements on date payable and subject of stamp duty in detail per type of document and improved administration of stamp duty collection in order to provide legal certainty.

Fourth, payment of stamp duty by using an electronic stamp. Development of stamp duty payment technology is a concrete step that must be taken as a follow-up to the imposition of stamp duty on electronic documents.

The Government will continue to do it in a simple and effective manner so as not to cause high transaction costs, she added.

Fifth, granting of exemption facilities from the imposition of stamp duty on certain documents required for natural disaster mitigation, religious and social activities, as well as promotion of the Government’s programs and implementation of international agreements.

Sixth, sanctions both administrative sanctions for non-compliance and delays in fulfilling stamp duty payment obligations and criminal sanctions to minimize and prevent criminal acts in taxation and in the manufacture, distribution, sales, and use of a counterfeit or used seal.

Seventh, the Government well understands the conditions of the Indonesian people affected by the impact of the COVID-19 pandemic.

For this reason, new stamp duty tariff shall apply from 1 January next year so there is enough time to disseminate information to the public and to prepare facilities and infrastructure so that there will be no obstacles in the implementation of the Law. (Ministry of Finance PR/EN)

Translator: Muhardi
Reviewed by: M. Ersan Pamungkas