Reshaping Property Sector Tax Policy

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement


Reshaping Property Sector Tax Policy

Sponsored by

24IdeaTax.png

Reshaping Property Sector Tax Policy

The property sector is a major economic contributor, accounting for about 14% of Indonesia's GDP including its supply chain. However, inflation and benchmark interest rates continue to impact consumer purchasing power and developer access to financing.

Multiple Layers of Taxation

The industry faces 11% to 12% VAT, a duty on acquisition of land and building rights of up to 5%, 2.5% final income tax, building approval levies, and other regional charges. These layers elevate transaction costs to 18% to 20% of an asset’s value, reducing investment efficiency.

A coordinated fiscal framework is needed, featuring standardized duty on acquisition of land and building rights incentives for first-time homebuyers. Potential local government revenue reductions could be offset through general allocation fund or revenue sharing fund incentives targeting regions that actively increase housing development and homeownership among low-income households.

Tax Risks in Related-Party Loans

Development requires massive upfront capital, making developers especially those using special purpose vehicles (SPVs) highly dependent on debt financing. SPVs frequently obtain shareholder loans or financing from holding companies.

Domestic related-party interest faces a 15% Article 23 income tax, while overseas lender interest falls under Article 26 at 20% or applicable treaty rates. Interest-free loans avoid cash outflows, but the tax authority may scrutinize them under the arm’s length principle. If deemed interest is imposed, companies face severe Article 23 and corporate tax issues. High debt-to-equity ratios may also render interest non-deductible.

Companies can manage risks through equity contributions or by setting arm’s length interest rates supported by market data and transfer pricing documentation. A low, defensible interest rate is much safer than a 0% rate lacking justification.

To ease cash-flow pressure and financing costs, the government could reduce the Article 23 rate for the property sector from 15% to 2%, or apply progressive rates based on transaction values.

Government-Borne VAT Incentive

The government has extended the government-borne VAT incentive for fiscal year 2026, allocating IDR 3.4 trillion to support approximately 40,000 commercial housing units.

This facility covers 100% of the VAT on a tax base up to IDR 2 billion for new homes priced under IDR 5 billion. Available to end consumers based on their national identity number or tax identification number, the incentive is strictly limited to one unit per person. Eligibility demands a notarized sale deed or fully paid binding agreement, alongside physical handover evidenced by a handover certificate.

Administrative challenges remain, particularly regarding handover certificate validation through government systems like Sikumbang and Coretax. Delays or data discrepancies can revoke the incentive, unfairly transferring the VAT burden to buyers even for errors beyond their control.

Integrating the Coretax and Sikumbang platforms would reduce manual validation and protect consumer entitlements. Implementing a three- to six-month grace period for handover certificate completion offers crucial flexibility. Finally, to address oversupplied markets, the government could extend limited incentives to unoccupied, ready-stock units in the secondary market.

more across site & shared bottom lb ros

More from across our site

It was also a memorable night for Galicia, KPMG, Skadden and Pinheiro Neto, all of which scooped major awards at a gala ceremony in New York
The former Deloitte UK CEO earned a 45% raise in a year when 1,000 staff reportedly lost their jobs – and the pay gap is only getting bigger
In a seminal development for big law, the 95-year-old firm is set to cease operations after a series of high-profile partner departures
UK Chancellor John Healey extended a VAT cut, suspended tariffs, increased a bank surcharge and vowed to increase funding for HMRC
Kristine Riisberg warned that TP decisions can determine top-up tax exposure under pillar two, while global consensus over the rules remains unsettled
Both Germany’s NIS2 and the EU AI Act now determine whether a tax function can meet its obligations – and both can make management personally accountable
Originators, loan purchasers and securitisation vehicles may need to revisit servicing agreements and pricing after a key judgment narrowed the VAT credit management exemption
Opening doors for existing talent within Baker McKenzie and a desire for enhanced legal capabilities informed Ricardo Perera’s switch from KPMG
Boaz Goren’s move to the upstart PE-backed firm takes the number of senior UK tax professionals who have left EY this year to 13
The allegations against Deloitte Cyprus raise uncomfortable questions about how far the big four can distance themselves from misconduct at member firms
Gift this article