Financial planning

In your work and throughout your personal life, many questions may occur regarding your assets and financial position, in particular when you are faced with unforeseen circumstances or far-reaching legislative changes.

In essence financial planning gives you insight in your financial status, allows you to anticipate economic developments and makes you aware of the financial implications of changed government policies a/o changes in your personal life.

Changes in your situation or environment can affect your income and capital position significantly.

Financial planning gives you more grip on your legal and financial matters.

A solid financial future begins with setting up a sound financial plan that follows your dynamics.

Major events and decisions in your life also have an effect on your financial position. Think hereby especially of: marriage, childbirth, housing, employment, education, health, entrepreneurship, relocation and retirement.

AdvintA can advice or assist you with the following components of financial planning:

Housing & Property

When looking for a place to live or work in Indonesia, it is important to know the basic property regulation. Hereby we provide some vital information regarding housing and the ownership system.It is strongly suggested to consult a legal and financial expert like AdvintA before paying or signing anything concerning real estate transactions.

Property ownership

Basically there are 4 types of property related rights a foreigner should get acquainted with when residing in Indonesia, being:

The Right of Ownership (Hak Milik)

This refers to freehold ownership rights of land and property. Subject to regulation, the Hak Milik title owner can use the land a/o building for any purpose.

The ownership title is valid indefinitely so it does not have to be extended.

Only Indonesian citizens and certain Indonesian legal entities are allowed to hold a Hak Milik title.

The Right of Use (Hak Pakai)

This refers to usufructuary rights of land or property owned by the state, a private company or an Indonesian citizen. The user rights apply to utilization of the land or reaping the ‘fruits’ of it.

The user rights title is valid for a predetermined period, agreed upon by contract between the Hak Milik title holder and the Hak Pakai title holder and may be extended.

Besides Indonesian citizens and companies, also foreign nationals who reside in Indonesia and foreign legal entities which are based in Indonesia are allowed to hold a Hak Pakai title.

The Right to Build (Hak Guna Bangunan)

This refers to the right to build and use a construction on a land plot owned by another party.

A Hak Guna Bangunan (HGB) can be granted for a period of maximal 30 years, with a possible extension of 20 years.

Indonesian citizens, companies and (partly) foreign owned companies are allowed to hold a HGB title.

The Right to Cultivate (Hak Guna Usaha)

This refers to the right to cultivate state-owned land for agricultural purposes.

A Hak Guna Usaha (HGU) can be granted for a period of maximal 35 years, with a possible extension of 25 years.

Indonesian citizens, companies and (partly) foreign owned companies are allowed to hold a HGU title.

Each of these land titles are registered at the district office of the national land agency, known as Badan Pertanahan Nasional (BPN).

As illustrated in the HGB rights, Indonesian law recognizes horizontal division, where the ownership title of a land parcel can be separated from the ownership title of the object on it.

Regarding real estate property rights, Indonesian law does not recognize division between legal ownership and beneficial ownership where individuals are concerned. The registered owner on the BPN certificate is considered the full title-holder, being the juridical owner as well as the beneficiary.

The certificate issued by the BPN guarantees the rights of the title holder.
There is a 5 year grace period however after the issuance of the land certificate to contest the respective property rights.
Keep in mind that the concept of land registration was only introduced in 1960 when the agricultural law was passed, so there is still a substantial amount of land which is not properly registered.
Note that in case of ‘development for public interest’ purposes, the state reserves the right to expropriate the land in exchange for compensation to the land owner.

Proof of ownership of a land parcel is evidenced by the land certificate of the BPN. Proof of ownership of a house is usually shown through the building permit (IMB) issued by the spatial planning and settlement department of the local government.

Regarding apartments and representative offices, the Indonesian law indicates relaxation for foreign individuals and companies to purchase an apartment or office unit in storey buildings under a so-called strata title, if built on HGB or Hak Pakai (titled) land.
Note that the land itself must be owned or controlled (Hak Pengelolaan) by the state and that the building block possessor holds a HGB or Hak Pakai title.
This means that you can lease an apartment unit or an office unit in building complex through a lease agreement, but not actually own it.

Real estate transaction

Basically there are 4 types of property related rights a foreigner should get acquainted with when residing in Indonesia, being:
In case of a transaction, the property rights are officially transferred when a deed of sale and purchase (akta jual-beli) is made (in Bahasa Indonesia) and signed in front of an authorized land title registrar (PPAT Notaris).

Besides the buyer and seller, the following parties are usually involved in a real estate transaction:

  • Notary
  • Real estate appraiser
  • Real estate broker
  • Lawyer

The notary must be an authorized land title registrar, known as Pejabat Pembuat Akta Tanah (PPAT) to register real estate transactions and have official jurisdiction over the location of the property. Be aware that not all notaries in Indonesia have the required PPAT qualification.

An appraiser is required to make an accurate and objective estimation of the market value of the property.

The use of a broker is not mandatory but recommended, especially if you are not familiar with the local real estate market or if you want to outsource the promotion and marketing of the real estate to a competent real estate broker.

Due to the lack of public sources and the sometimes deficient title-ship records, it is highly advisable to obtain the services of a lawyer to carry out due diligence or background checks and assess the documentation involved.

AdvintA can assist you in order to avoid any irregularities or illicit transactions when you are planning to buy, sell or rent property in Indonesia.

The seller has no official duty to disclosure towards the buyer, so besides preliminary research it is important to contractually agree the scope of liabilities between the buyer and seller.
Under Indonesian law, the seller can be held liable for any defects unknown by or information undisclosed to the buyer.

Real estate transactions in Indonesia involve a set of laws which go beyond ownership rights.

The following information should be collected before entering into a real estate transaction:
  • Property verification
  • Seller’s information
  • Buyer’s details

The original BPN certificate of ownership must be verified which gives the potential buyer info re the status and title of the property.
Then it must be established whether the property is encumbered with a mortgage or a lease contract and if it is the subject of any dispute.

Besides the BPN certificate, the potential buyer should verify the following info from the seller:
  • ID card (KTP) & Family booklet (KK)
  • Marriage, divorce a/o death certificate (if applicable)
  • Tax number (NPWP) & real estate tax settlement (PBB)
As the buyer, you should prepare the following information of yourself:
  • ID card (KTP) & Family booklet (if applicable)
  • Marriage certificate (if applicable) & prenuptial or postnuptial agreement
  • Tax number (NPWP)

To prevent any unpleasant surprises, do contact us before getting into a real estate transaction.

The following information should be collected before entering into a real estate transaction:

  • Property verification
  • Seller’s information
  • Buyer’s details

The original BPN certificate of ownership must be verified which gives the potential buyer info re the status and title of the property.
Then it must be established whether the property is encumbered with a mortgage or a lease contract and if it is the subject of any dispute.

Besides the BPN certificate, the potential buyer should verify the following info from the seller:

  • ID card (KTP) & Family booklet (KK)
  • Marriage, divorce a/o death certificate (if applicable)
  • Tax number (NPWP) & real estate tax settlement (PBB)

As the buyer, you should prepare the following information of yourself:

  • ID card (KTP) & Family booklet (if applicable)
  • Marriage certificate (if applicable) & prenuptial or postnuptial agreement
  • Tax number (NPWP)

To prevent any unpleasant surprises, do contact us before getting into a real estate transaction.

Property tax

Real estate transactions are subject to a real estate tax:

  • For the seller, an income tax of 2.5% of the sales price is due.
  • For the buyer, a land & building acquisition duty is due with a maximum of 5% of the purchase price, depending on the region.

The transfer of the ownership title takes place after these taxes are paid.

Mortgage

There are 2 basic types of real estate financing in Indonesia:

  • With government subsidy
  • ithout government subsidy

Only Indonesian citizens categorized as ‘low income’ and meeting certain criteria are eligible for government subsidy for purchasing real estate.

Without government subsidy, the bank loan is subject to the applicable financing regulations

In general the loan is a type of mortgage (hak tanggungan), in which the property serves as collateral.
In that manner, the lender/bank (mortgagee) is protected in case of default of the borrower/homeowner (mortgagor).

Indonesian banks will not accept property with a Hak Pakai title as collateral and therefore will not lend money based on Hak Pakai rights.
This applies to foreigners as well as Indonesians; the property title for a house in order to get a mortgage must be Hak Milik.
As foreigners legally cannot hold a Hak Milik title, expats in Indonesia are not able to mortgage Hak Milik property or get a loan to purchase such property in Indonesia,.

The mortgagee and mortgagor must sign the mortgage agreement, authorize it by the PPAT notary and register it at the BPN office.
After registration, the real estate encumbered with a mortgage is evidenced by a mortgage certificate.

If the mortgagor remains in default for a period of 90 days regarding loan repayments and/or interest payments, the borrower can be declared insolvent and the mortgagee can exercise its mortgage rights within 2 months after the insolvency decision.

In such an event the mortgagee cannot seize and keep the property, but must sell it by public auction after which it can keep the sale proceeds.
Ranking rules apply to determine the priority of claims if there is more then one creditor, based on the order of mortgage registration.

In case of a dispute about the insolvency condition, the mortgagor my raise a substantiated claim against the mortgagee.

Housing

A Hak Milik title (right of ownership) represents a higher market value then a Hak Pakai title (right of use).

If you got married in community of property with an Indonesian who owns a house under Hak Milik title, that property will become jointly owned according to family law, but (shared) Hak Milik with a foreigner is not permitted according to property law.
To solve this state of conflicting legislation, the property must be sold within one year of marriage or converted from Hak Milik to Hak Pakai or a legally acknowledged post-nuptial agreement must be made.

 

So if a foreigner wishes to finance the purchase of a property with retention of the Hak Milik title, the new legal owner must be an Indonesian.
If that Indonesian is your spouse, you need a prenuptial agreement to retain the Hak Milik title, because as we have stated, a mixed-marriage in community of property, prohibits the Indonesian spouse from holding a Hak Milik title.

For a foreigner to protect your property investment, it is highly advisable to arrange mortgage protection.
In that case, your Indonesian spouse is not able to sell the property without first reimbursing your investment amount; thereafter the capital gains can be divided.
Your name as the mortgagor should be printed on the BPN certificate, together with the name of your Indonesian spouse as the property holder. This gives you financial protection re your property investment in case of a divorce.

Nominee ship agreements between individuals regarding property, in which the foreign financier is cited as the beneficial owner and the Indonesian citizen as the legal owner, are prohibited and therefore not legally binding.

Regardless of what is agreed in writing, the legal owner can sell the property and keep the proceeds.
Moreover, using an Indonesian friend as nominee to shelter or hide foreign ownership of property is illegal in Indonesia. If noticed by the government, they have the right to seize the property and revert the ownership back to the state.

Summary

Advinta can inform and assist you with all legal matters and documentation if you (and your spouse) wish to buy, sell or rent property in Indonesia.
It is highly advisable to contact AdvintA before you engage in any property transaction.

Presenting outdated, invalid or even fictitious documentation is far from uncommon in Indonesia.
Property background checks and document authenticity verification are essential in these matters.
Also if you have any financial or legal issues regarding your current property, please contact us so we can represent you in solving the matter.

Savings & Investments

Our stance in generating passive income from savings and investments is based on the client’s position. We aim to prevent that the interests of the bank or broker prevails that of the client's benefits.

Investment Vision
  • We seek to minimize the costs and the tax payable on your investments, but will not stare us blind on rigid zero percent constructions if the costs involved are ultimately higher then the benefits.
  • We strive for satisfactory returns through capital growth or investment income, but will not guarantee improbable profits.
  • We do not advice on structured investment products or algorithm based investments whose ultimate risk is not quantifiable.

We are able to advice on a wide range of investment products, suited to your goals and circumstances.

Investment method
  • The starting point is to assess your current situation.
  • We then discuss your needs and identify the opportunities to accomplish them.
  • Then we will work towards realizing your investment objectives.

The client controls the investment account at the bank of his/her choice; we periodically monitor the portfolio and provide advice on which you can base your informed decisions.

 

Investment objective

Typical goals are generating return on investment for:

  • Pension & retirement
  • Children’s education
  • Home ownership
  • Unforeseen expenses

Each objective has its own risk profile and investment horizon and the age and life style of the investor will also be taken into account when making an investment decision.

Private asset management focuses on future capital growth as well as current asset protection.

AdvintA acts as an unbiased and independent investment adviser for private investors. As we are not bound to any asset manager or private bank, our advice and support is impartial and balanced. Investing is a dynamic process, so we periodically evaluate the results and goals depending on your investment perspectives.

 

Summary

When investing, you should always be in control of your assets and objectives.
AdvintA can advise you in building a new investment portfolio or revising an existing portfolio.
If you are not satisfied with your current bank, stock broker or asset manager, in Indonesia or elsewhere, we can help you in comparing financial institutions and select the right party for you and your money.

Pension & retirement

Retirement

If a foreigner is neither married to an Indonesian nor making a living in Indonesia, it’s still possible to stay in the country for a prolonged period of time on a so-called retirement visa (ITAS Lansia).

The retirement visa allows you to live in Indonesia and make multiple trips abroad including to your native country during the year, but it is prohibited to do any kind of work in Indonesia on this type of visa.

The Directorate General of Immigration can grant temporary stay permits for foreigners over 55 years of age.
Requesting such a retirement visa must be done via a licensed agency which acts as your sponsor and will process your application.
Those retirement agencies are appointed by the Department of Tourism; you cannot submit a retirement visa application by yourself without the ‘sponsoring’ of an approved agent.

To submit an application for a retirement visa, the following basic requirements apply:
  • A passport, valid for at least 18 months; proving that the applicant is 55 years of age or older.
  • A signed statement agreeing not to work or engage in business activities in Indonesia; the applicant should be fully retired.
  • Pension fund or bank account statement proving that the applicant has sufficient funds available for his/her living expenses with a minimum of USD 18,000 per year from pension benefits or investment income; USD 1,500 per month spending space.
  • Policy statements proving that the applicant has health insurance, life insurance, and personal liability covered.
  • A purchase or rental agreement, proving that the applicant has made living arrangements in Indonesia; a minimum expenditure per city or region may apply, according to regulations.

 

Once you received written confirmation that your retirement visa application has been approved, you need to take this document to the Indonesian embassy or consulate where they will verify it.

When returning to Indonesia with the new visa stamp in your passport, you must visit the Immigration office of your district, where they will take your photo and fingerprints to complete the process.

The initial retirement visa is still a limited stay permit which has to be extended every year.

After extending the retirement visa for 5 consecutive years, the foreign retiree can apply for a permanent stay permit (ITAP Visa) through a certified foreign retiree travel agency.

To apply for an ITAP, the following basic requirements are concerned:
  • Valid passport
  • Valid retirement visa (ITAS Lansia).
  • Appointment letter of the foreign retiree travel agency who will act as a sponsor plus details of the agency such as license (SIUP) and tax number (NPWP).
  • Pension fund or bank account statement proving that the applicant has sufficient funds available for his/her living expenses with a minimum of USD 18,000 per year from pension benefits or investment income.
  • A purchase or rental agreement, proving that the applicant has arranged living accommodation in Indonesia.
  • A statement declaring to employ an Indonesian house maid/servant (pembantu).

 

Note that during the covid-19 situation, different visa and travel rules apply.

Pension

Retirees can choose how to access their pension a/o social security funds in Indonesia:
  • Depending on your native country regulation, you may be able to have your retirement benefits directly deposited into an Indonesian bank account in your name.
  • Have your funds deposited in a bank account in your native country as usual, after which you transfer any amounts needed to your Indonesian bank account.
  • Access your funds through ATM withdrawals.
Considerations regarding your preferred method:
  • Transfer fees.
  • Transfer duration.
  • Currency exchange rate.
  • Payments in foreign currency or in Indonesian Rupiah.
  • Banking helpdesk and online services.
  • Tax reasons.

Note that also on a retirement visa, you will be liable to pay personal income tax on your global income according to Indonesian regulation. In practice, this does not happen however.*
Nevertheless, in case you should get notified by the Indonesian tax office, then contact the tax authorities in your country of origin to avoid double taxation if you already pay income tax over there.

* Regulation may be subject to change, due to fiscal amendments.

Summary

AdvintA cannot act as a sponsor for retirees, but can guide you through the processes of getting an ITAS or ITAP visa and inform you about accommodation, taxes, insurances and bank accounts.

Moreover, if you seek advice about (additional) retirement income while residing in Indonesia, please do not hesitate to contact us.

Testament & inheritance

Besides the necessity of having a prenuptial agreement in place in case of a mixed-marriage, it is highly recommended to draw up a testament to properly arrange your last will and inheritance in the event of your death or of your Indonesian spouse.

Testament

A foreigner with spouse a/o children in Indonesia should have a testament (last will) for arranging his/her heritage.
In case the expat also has family a/o assets in the country of origin, like real estate and children from a former marriage, it is advisable to also have a last will in place in your native country.
Both wills should refer to each other and drawn up by a notary as a so-called ‘back-to-back’ testament.
This shall give you the most security to execute your last will and the best legal protection in case the testament is disputed.

The contents of the back-to-back testament should not contradict each other or be in conflict with the prevailing family, property and inheritance laws of each country.

It is vital to appoint a trustworthy and competent party to execute your last will. If you have doubts about that, you should appoint a reliable notary or lawyer who can manage and divide the assets according to your wishes.
Often enough in Indonesia, the family in-laws will attempt to take possession of your estate even if they are not entitled to it.

Foreign individuals cannot own immovable property such as land or buildings, regardless if they are married or not.
Indonesian individuals married to a foreigner in community of property (so without a prenuptial agreement affirming the Indonesian spouse as the home owner) cannot have full ownership (Hak Milik) of the house.

In many situations, the foreigner who cannot own the house did finance the purchase of it.
In case of a divorce, you need mortgage protection or a loan agreement with your spouse to protect your investment; but in case of death, you and your spouse need a last will, leaving your inheritance to the rightful inheritors.

If married in (joint) community of property, the Indonesian law dictates that the house and land has to be sold within one year after the death of one of the spouses.
If not sold within one year, the property falls to the Indonesian State, provided it is no longer encumbered with a mortgage or loan, after which the estate will be divided by court decision.
Without a prenuptial agreement and a last will, the widow or widower will not receive their fair share.

If married with a prenuptial agreement, the Indonesian spouse can have full ownership of the property.
In case of a divorce, your prenup can contain a loan repayment agreement; in case of death, you both need to have a last will in which you can leave your assets to each other and to the children born out of this marriage if any.

In the event of your death, then your spouse can keep the house or sell it. And if your spouse dies, then by last will the house can be sold with you as the beneficiary of the proceeds.

Inheritance

Besides immovable property, other assets may be part of an inheritance, usually being bank savings, life insurance policy, equity investments, vehicles, jewelry a/o the household effects.

The division of these assets among the inheritors can be stated in the last wills of you and your spouse.

An alternative way to protect your immovable property investment and the rights of your inheritors in case of your death is by first establishing a foreign direct investment company (PT PMA) of which you are the shareholder, after which the PMA can purchase and hold the property.
Property owned by such a company is under Hak Guna Bangunan (HGB) title instead of Hak Milik, but the property is sell-able as well as mortgage-able.

Besides having separate bank accounts, when married it is important to have at least one joint bank account in both your names.
Without a joint bank account, it will prove difficult to get the balance released to you after the death of your spouse.

If one of the spouses dies and there are no children, the widow/widower is entitled to the estate of the deceased.
If there are children, then the estate of the testator is to be divided evenly between the surviving spouse and the children.

When a foreign spouse holds an ITAS or ITAP stay permit and obtains a letter from the sponsoring company, he/she is allowed to purchase and own a vehicle in their own name and leave the car to the rightful inheritor(s).

Summary

If you wish to arrange your inheritance via a testament / last will, please contact us beforehand so we can draft the contents in accordance with your last wishes and in compliance with the applicable laws.

Insurance

There are several types of insurances you need to take into account when living in Indonesia.

Health Insurance

Badan Penyelenggara Jaminan Sosia (BPJS) is the Social Security Administrative Institute of the Indonesian government.

The BPJS provides 2 types of mandatory national insurance schemes:
  • Healthcare insurance (BPJS Kesehatan)
  • Social Security insurance (BPJS Ketenagakerjaan)

All Indonesian residents, including foreigners / expats who have been living in the country for 6 months or more, are obliged to obtain this health insurance.

Anyone residing in Indonesia and being employed by a company, foreign or local, will also get the this social security insurance.

There are 3 types of health care coverage under the BPJS Kesehatan scheme:
  • Basic Healthcare;

Under this service, you can choose a doctor, dentist or clinic in case you need basic  healthcare services.

  • Advanced Healthcare;

Under this service, you can get a signed referral letter from your doctor to receive advanced treatment at specialized clinics or hospitals in case your general practitioner cannot give you the further medical treatment required.

  • Hospitalization care;

Under this service, you can get the treatment and care which requires (overnight) hospitalization.

If you are residing in Indonesia as an individual, you can obtain a personal BPJS Health Insurance.

Be aware that several complicated or enduring medical treatments are not covered by the BPJS insurance scheme. So if you wish to have better coverage, you should consider taking out an additional health insurance policy at a commercial healthcare insurance company at your own expense, unless your employer has arranged additional health insurance or has agreed to reimburse any additional costs not covered by the BPJS scheme.

There are several general insurance companies in Indonesia, which are affiliated with reputable Western insurance firms who offer reliable medical insurance.

Finding the most suitable additional healthcare plan for your specific requirements can be time-consuming.
AdvintA can assist you if you encounter any BPJS registration obstacles or in identifying a reliable commercial insurance company with suitable premiums, policy structures and claim procedures.

Social Security insurance

There are 4 types of social security protection under the BPJS Ketenagakerjaan scheme:
  • Elderly Protection, known as Jaminan Hari Tua (JHT);

Receive a benefit once you have left the company or when you reach the age of 55 years.

  • Pension Protection, known as Jaminan Pensiun (JP);

Receive a benefit when you have reached the retirement age.

  • Work Accident Protection, known as Jaminan Kecelakaan Kerja (JKK);

Receive compensation for medical expenses incurred resulting from work-related accidents during working hours in the company.

  • Accidental Death Protection, known as Jaminan Kematian (JK);

Receive compensation under a life term insurance, benefitting the next of kin in case of non-work related death while employed by the company.

If you are an independent professional i.e. working as a freelancer in Indonesia, you can register as an independent BPJS Social Security member.

Be aware that the pension and accidental death benefits are not that substantial. So if you wish to build up extra pension or receive higher accidental death settlements, then you should consider taking out an additional capital insurance or life insurance at a commercial insurance company at your own expense.

Social security plans may apply to life insurance policies, as well as pension plan policies.
So you may consider investing part of your savings in an insurance product which pays out after your retirement.

AdvintA can assist you in identifying a reliable insurance company with suitable premiums, policy structures and pay out procedures.

Business travel insurance

If you are a frequent business traveler, it is highly recommended to have business travel insurance.
Be aware that a tourist travel policy will not cover any injuries or damages incurred if you are in Indonesia for work or business.

The travel insurance should cover emergency evacuation and repatriation to the place with the appropriate medical facilities and to your native country.

In your country of origin there are usually a variety of insurers which can service you.
If not, AdvinA can assist you in finding a suitable travel insurance plan.

Personal liability insurance

For expatriates living in Indonesia, it is highly recommended to have this risk covered.
If you already have (mandatory) personal liability insurance from your home country, you should check whether the policy includes global coverage (including Indonesia).
If not, you should purchase a personal liability policy in Indonesia with a western-local joint venture insurance company. In case of a claim against you by a third party, a reputable insurance firm will be better equipped to handle that.

Still, the legal and claims department of the insurer may not be able to assist you in every possible way; the judicial system in Indonesia can be inconceivable, especially for foreigners.
So in case you have a liability dispute, AdvintA is able to help you settle such a claim as your legal representative.

Home Insurance

If you a/o your Indonesian spouse own property, we advise you to purchase a home insurance policy from a reliable international insurance company with physical presence in Indonesia.

If complications arise when processing claims, the insurer must be able to investigate claims on location.

Summary

Badan Penyelenggara Jaminan Sosia (BPJS) is the Social Security Administrative Institute of the Jaminan Kesehatan Nasional (JKN) being the National Insurance Program of the Indonesian government.

This program has 2 mandatory national insurance schemes, the healthcare insurance (BPJS Kesehatan) and the social security insurance (BPJS Ketenagakerjaan).

AdvintA can assist you in registering with the government BPJS insurance scheme.
For your additional insurance needs, we can advice you re suitable commercial insurance companies.

When selecting such an insurance company, take into account the following:

  • Reputable Western-Indonesian joint venture insurance company.
  • Insurance company with a long presence in Indonesia.
  • English speaking customer service available.
  • Adequate claim processing and payout time.
  • Natural disaster coverage available in case of damage by floods, earthquakes a/o volcanic eruptions.

In case you have a dispute regarding coverage or claim, please contact us so we can assess how to come to a satisfactory solution.

Loans

There are a couple of conditions in order to be eligible for a bank loan in Indonesia.

Collateral loan agreement

Foreigners are not been able to get loans in order to purchase property in Indonesia, because they cannot hold a Hak Milik title (ownership rights).
Indonesian banks will not lend money to people who only have a Hak Pakai title (user-ship rights) regarding their property; this applies to foreigners as well as Indonesians.
With a prenup, the Indonesian spouse can hold a Hak Milik title and apply for a mortgage.

Besides Hak Milik, the bank can accept Hak Guna Bangunan (building rights) and Hak Guna Usaha (cultivation rights) land titles as collateral to secure a loan.

Indonesian individuals can hold these rights, as well as legal entities under Indonesian law.
So for a foreigner to get a loan on a HGB or HGU title, you need to establish a fully or partly foreign-owned PT PMA (Foreign Direct Investment Ltd Company).

Common durations for mortgages are 5 to 10 years and generally a down payment is required.

Consumer loan agreement

A foreigner needs to have an ITAS or ITAP stay permit, to legally own a car in Indonesia.
Still, most Indonesian banks will not borrow you the money if you need a loan to purchase the vehicle.
In that case, you may be able to get a car financed via an automotive finance company or alternatively to arrange a car lease contract.

In general, banks will not provide consumer credit or overdraft facilities to expatriates based on their monthly income.

Summary

Check and compare the conditions of a number of reputable banks to determine what suits you best. The large Indonesian banks as well as foreign banks with a branch office in Indonesia may offer various loan facilities.

Personal Income Tax

Hereby we provide you with a brief overview of the personal income tax regulation in Indonesia.

The individual taxpayer, whether foreign or Indonesian, is legally responsible for ensuring their registration at the tax office and for payment of the taxes due.

Tax Number

The Indonesian Directorate General of Taxation requires all individuals residing in Indonesia including expatriates, to have their own personal tax number, called Nomor Pendaftaran Wajib Pajak (NPWP).

Individuals required to obtain a NPWP tax number and file income tax returns are:

  • Employees who earn an income in excess of the non-taxable income level a/o income in addition to their monthly salary.
  • Individuals who receive income from their business or as a self-employed professional.
  • Individuals who receive income from capital investments.

Notes:

  • Foreigners, who are present in Indonesia for more than 183 days within a continuous period of 12 months and show the intention to stay, may be obliged to get a NPWP.
  • Dependent spouses are included in the NPWP of the husband/wife and do not need a separate tax number.

Once you have your personal tax number, you are legally responsible for paying your monthly income tax and for filing your annual tax returns.
You are also liable for paying tax on income earned outside of Indonesia, minus tax paid in those other jurisdictions on that oversees income.

Tax Registration

Taxpayers must register at the Tax Office (Kantor Pelayanan Pajak) in your place of residence.
Foreigners living in Jakarta are required to register with the Tax Office for Foreign Bodies and Expatriates (KPP BADORA).

Registration requirements include the following:

  • Completed registration form
  • Photocopy of your passport
  • Photocopy of your work permit
  • Photocopy of your domicile certificate
  • Photocopy of your employer's NPWP

Notes:

  • If you are employed by a local company, the tax office may ask additional employer info.
  • If you do not file your own tax return, you should also bring an authorization letter, stating the representative who handles your tax matters, usually a tax consultant.

Once you have registered, you will get your personal taxpayer registration number (NPWP).

You should notify the tax office if you relocate within Indonesia, if you are retiring in Indonesia or if you are leaving Indonesia altogether.

Tax Payment

he income tax is due no later than the 15th of the following month.
The tax report must be submitted to the tax authorities no later than the 20th of the same month.
Note that some companies may have made an agreement with their local tax office to pay and report on an annual basis.

If you are employed by a company, your employer is responsible for the calculation and payment of taxes that need to be withheld from your monthly salary.
The employee is responsible for filing the annual income tax return before the 1st of April of the following year.

It may have been agreed in the employment contract with your employer that they pay your income tax.
However, you are still personally liable for those tax payments on your income.
Therefore you should get a monthly pay slip which states the gross and the net amounts and an overview of the yearly tax calculation from the company you work for.

Registered individuals and legal entities can file for tax electronically.
To be able to do so, they first need to obtain an Electronic Filing Identification Number (EFIN).
The tax amounts are paid via the banking system to the tax office.

Personal income tax overview:*

Annual Income Income Tax Rate
Up to:                         Rp 50 million  5%
Between:                    Rp 50-250 million 15%
Between:                    Rp 250 million-500 million 25%
Above:                        Rp 500 million 30%

* The amounts and percentages may be subject to change, due to fiscal amendments.

Worldwide Income

The personal taxation system is based on worldwide income.

Contact the applicable tax agencies to make sure that you are not double taxed in different tax jurisdictions over the same income.

The Indonesian tax office has the authority to contact tax offices in countries that have a double-tax Treaty with Indonesia and vice-versa.

Excluded from personal taxation in Indonesia are:

  • Inheritances.
  • Gifts & donations.
  • Fringe benefits & benefits-in-kind.

Note that these gifts and benefits should be correctly processed as such to avoid taxation disputes.

Summary

The Indonesian tax system is quite complex and far-reaching.
The tax guides from PwC provide a comprehensive overview of Indonesian taxes.

It is advisable to make use of a certified accountant or tax specialist to file the tax returns on your behalf.
If your taxpayer position is multi-faceted, you may contact an international accounting firm who has staff that can assist you in preparing your onshore and offshore taxes.
Do not pay more tax than necessary, but do not leave vital taxes unpaid.