Topics
Zantara AI
AI Property Advisor
Questions about how this applies to your case?
Bali Zero handles visas, company setup, tax and property compliance in Indonesia. Ask us directly on WhatsApp.
Chat with Bali Zero on WhatsAppLoading Zantara...
Topics
Zantara AI
AI Property Advisor
Bali Zero handles visas, company setup, tax and property compliance in Indonesia. Ask us directly on WhatsApp.
Chat with Bali Zero on WhatsAppIndonesian law is unambiguous: foreigners cannot hold Hak Milik (freehold ownership) over land. This is a constitutional principle enshrined in the 1960 Basic Agrarian Law (UUPA). However, Indonesian law equally allows foreign-owned companies to hold land rights, and this is where the PT PMA structure comes in.
A PT PMA (Perseroan Terbatas Penanaman Modal Asing) is an Indonesian limited liability company with foreign ownership. When a PT PMA acquires property, the company holds the land rights, and the foreigner controls the company. The result: a legally sound, government-recognized mechanism for foreigners to effectively own and control property in Indonesia.
This is not a loophole. It is the intended path under Indonesian investment law, regulated by BKPM (the Investment Coordinating Board) and supported by the Omnibus Law on Job Creation (UU Cipta Kerja No 6/2023).
The land right that a PT PMA holds is HGB (Hak Guna Bangunan), which translates to "Right to Build." This is distinct from Hak Milik and has specific characteristics.
| Period | Duration | Notes |
|---|---|---|
| Initial grant | 30 years | From date of issuance by BPN |
| First extension | 20 years | Applied for before initial period expires |
| Second extension (renewal) | 30 years | Applied for before first extension expires |
| Total maximum | 80 years | Subject to continued compliance and land use |
The 30+20+30 year structure means that a property acquired today through a PT PMA can be held until approximately 2106. For practical purposes, this provides multi-generational security.
| Requirement | Details |
|---|---|
| Minimum investment plan | IDR 10 billion (approx. USD 625,000) |
| Minimum paid-up capital | IDR 10 billion |
| Shareholders | Minimum 2 (can be foreign individuals or companies) |
| Directors | Minimum 1 (can be foreign, but must hold KITAS) |
| Commissioner | Minimum 1 (can be foreign) |
| Business classification | Must align with KBLI codes open to foreign investment |
| Domicile | Must have a registered office address in Indonesia |
Under Indonesia's Positive Investment List (Perpres No 10/2021, updated periodically), property-related activities require specific KBLI codes:
| KBLI Code | Activity | Foreign Ownership |
|---|---|---|
| 68111 | Real estate with own or leased property | 100% PMA allowed |
| 68120 | Real estate on fee or contract basis | 100% PMA allowed |
| 41011 | Residential building construction | 100% PMA allowed |
| 41012 | Non-residential building construction | 100% PMA allowed |
| 55101–55106 | Hotel (KBLI 2025: 55101–55105 star-rated, 55106 non-star; replaces old 55110 and 55120) | 100% PMA allowed |
| 55130 → 55201 | Homestay (Pondok Wisata) | WNI (Indonesian citizens) only |
Important: Not all property activities are fully open to foreign investment. Always verify your intended activity against the current Positive Investment List before proceeding.
| Item | Estimated Cost |
|---|---|
| Notary fees (Akta Pendirian) | IDR 5-10M |
| Legal consultant / agent | IDR 10-25M |
| OSS registration and licenses | IDR 2-5M |
| Company stamp (cap perusahaan) | IDR 200-500K |
| Virtual office / domicile (annual) | IDR 5-15M |
| KITAS for director (annual) | IDR 15-25M |
| Total initial setup | IDR 20-50M (USD 1,250-3,125) |
These costs are for the company setup alone. Property acquisition costs are separate.
Once your PT PMA is established, the property acquisition process follows standard Indonesian procedures.
| Cost Item | Amount |
|---|---|
| PPAT (notary/land deed) fee | 0.5-1% of transaction value |
| BPHTB (buyer's acquisition tax) | 5% of (transaction value minus NPOPTKP) |
| BPN registration fee | IDR 50K per certificate + per-area calculation |
| SHM to HGB conversion fee | IDR 50-500K depending on area size |
| Due diligence (lawyer) | IDR 5-15M |
| Total acquisition overhead | Approximately 6-8% of property value |
Taxes are a critical consideration. Owning property through a PT PMA creates ongoing tax obligations.
| Tax | Rate | When |
|---|---|---|
| Corporate income tax (PPh Badan) | 22% of net profit | Annually |
| Rental income tax (PPh Final) | 10% of gross rental revenue | Monthly |
| PBB (property tax) | 0.1-0.3% of assessed land/building value | Annually |
| BPHTB (at acquisition) | 5% of transaction value (minus threshold) | Once, at purchase |
| Dividend withholding tax | 20% (or lower per tax treaty) | When dividends paid to foreign shareholders |
| Capital gains on sale | 2.5% PPh Final (seller side) | At sale |
Rental income: The 10% final tax on gross rental revenue is straightforward and favorable compared to many countries. However, since this is a final tax (PPh Final), you cannot offset it against corporate expenses. Your PT PMA will owe 10% of every IDR of rental income, regardless of expenses.
Dividend tax: When profits are distributed from the PT PMA to foreign shareholders, a 20% withholding tax applies (or a lower rate if your country has a tax treaty with Indonesia). Consider your home country's tax treatment of foreign dividends and available tax credits.
Transfer pricing: If your PT PMA transacts with related parties (including yourself personally), transactions must be at arm's length. Renting a property from your own PT PMA at below-market rates can trigger transfer pricing adjustments.
Many foreigners ask: should I use a PT PMA, or can I just get Hak Pakai in my personal name?
| Factor | HGB via PT PMA | Hak Pakai (Personal) |
|---|---|---|
| Duration | 30+20+30 = 80 years | 30+20+30 = 80 years |
| Number of properties | Unlimited (per company) | 1 property only |
| Commercial use | Yes (rental, business) | Personal residence only |
| Transferability | Can sell to anyone | Can sell to other KITAS/KITAP holders or Indonesian |
| Mortgage/collateral | Yes | Limited |
| Setup cost | IDR 20-50M (company setup) | IDR 0 (no company needed) |
| Annual compliance | IDR 15-30M (accounting, LKPM) | Minimal |
| Tax on rental income | 10% final + corporate structure | Not allowed (personal use only) |
| Minimum investment | IDR 10 billion (investment plan) | Property min value IDR 5 billion (Jakarta) or lower per region |
A PT PMA is a powerful tool for foreign property ownership in Indonesia, but it is a commitment. The setup costs, ongoing compliance requirements, and minimum investment thresholds mean this structure makes sense for serious investors, not casual purchasers.
For a single personal residence, Hak Pakai may be the better path. For investment properties, multiple holdings, or commercial real estate, the PT PMA structure provides the legal framework, flexibility, and security you need.
Need help setting up a PT PMA, identifying the right KBLI codes, or navigating the property acquisition process? Bali Zero provides end-to-end support for foreign investors in Indonesian real estate.
Contact Bali Zero:
| Inheritance | Company shares transferred | Certificate transferred per inheritance rules |