Nominees & Notary questions

SHoggard

SHoggard

Member
Just a question for clarification: Recently it was mentioned to me that:

  1. Nominee: must be an Indonesian citizen (obviously) but ALSO should be resident in Bali - a different conversation had it that the nominee could be resident anywhere (even overseas). Obviously it is probably advisable that the Nominee be a Bali resident, but is it a requirement - could there be any barriers, delays etc expected were they not?
  2. Nominee: the going rate of nominee compensation seems to vary: on one hand I've heard 1% on purchase & 1% on any subsequent sale.... on the other hand the figure of 5-7% was also mentioned. Obviously the arrangement varies between the nominee & foreign buyer, but what's the current going rate?
  3. Notary - again, I've been told that the Notary must be resident in the Regency in which the property is located - correct?

Just lining up the ducks ;)
 
Hi Shoggard,

not 100 % sure but that's my experience:

1. a notary must be indonesian citizen (same as lawyers must be officially indonesian citizen), they apply for a notary license let's say in Badung but Badung is full (so probably has to wait) so maybe they get a license for Jembrana where they have their official address (but still do semilegal business somewhere else), if you purchase property in a kabupaten a notary from this district MUST sign, you CANNOT buy a land in Buleleng f.e. with a notary from Tabanan.
2. Nominee: this is very easy - all up to you, legally you can give your nominee 0% or 20 %, doesn't matter but both parties must agree & sign
3. Notary: with all respect but a lot of them playing & talking nonsense, if they get "catched" they acting like kids "hey just trying", extra-fees where they keep most of the money, buyer / seller tax based on the purchase price....crazy things like this
 
@SHoggard...
1 : Nominee, doesn't have to be a Bali resident (KTP). Example : You could use a Bandung resident as you nominee for your property on Bali.
2 : Depending on the value of the purchase.
3 : correct.
 
Just to make sure I understood things clear in this and other threads.

The buyer/seller tax is this based on the NJOP (the land value for tax calculations) or on what is this based?
 
SHoggard said:
Nominee: the going rate of nominee compensation seems to vary: on one hand I've heard 1% on purchase & 1% on any subsequent sale.... on the other hand the figure of 5-7% was also mentioned. Obviously the arrangement varies between the nominee & foreign buyer, but what's the current going rate?

Just lining up the ducks ;)
Click to expand...

I agree with Gilbert that it does depend on the value of the purchase but since you asked for a "going rate" I believe 5% would be a going rate for a "normal" residential property. Also, I would be interested in hearing from someone who knows whether the compensation is on the total selling price or a percentage of the net profit.
 
when "they" change sth will it than be usually cheaper or more expensive? NJOP: looks like "they" don't make enough money, now with DISPENDA in some areas (and yes Puri gading / Jimbaran is part of it too) they TRIPLED the tax between 2011 / 2012

NJOP of course still exists but you can't use it anymore for buying / selling, so it's not clear what I wrote sorry
 
1. Land certificate examination at the local land office - BPN (50.000 Rupiah)
2. Buyer taxes: Dispenda (5 % of the property value minus 60 million Rupiah which is tax free (insist on the 60 million if not the notary will keep it themself)
3. Execution by Notaris (PPAT) - 1 % of the property value
4. Change Names - 50.000 + 0.1 % of the property value + 2 materai (2 x 6000 Rupiah)
5. Registration at the PBB (Tax) - free

Data for 2012

Don't pay too much ;-)
 
pollyanna said:
I agree with Gilbert that it does depend on the value of the purchase but since you asked for a "going rate" I believe 5% would be a going rate for a "normal" residential property. Also, I would be interested in hearing from someone who knows whether the compensation is on the total selling price or a percentage of the net profit.
Click to expand...

when you would sell your property, most people have the 5% of whatever the new owner pays for your property goes to your nominee...ofcourse this percentage (be it 1,2,3,4,5 etctec) is mentioned in the contracts between you and your nominee.
Me personally, I have a clause that says my nominee will get 5% over the net profit.
 
Thanks Gil. I keep forgetting to read our nominee agreements but we do have a verbal agreement with our nominee that sales are a percentage of net profit, not sales price There is a world of difference between the two.
 
no worries, you're welcome..

yeah, the difference can be a whole lot...
buying @ 1M, paying 50jt to the nominee.and then selling at 1.2M that would be 60jt if calculated on sale price or just 10jt if calculated on net difference..

IMHO, paying a notary (when buying, not when selling) 2,5% is okay, on a 1M property that's just 25jt...for this he might make contracts with the clause I have and in the long run that works out cheaper ;)
 
ehm...NJOP/Dispenda, sorry but to me your post is very confusing...so let me ask you : what does your notary use to calculate the tax?
if you want the 60jt taxfree, I am sure you are fully aware of all things that come with wanting this?
 
gilbert de jong said:
ehm...NJOP/Dispenda, sorry but to me your post is very confusing...so let me ask you : what does your notary use to calculate the tax?
if you want the 60jt taxfree, I am sure you are fully aware of all things that come with wanting this?
Click to expand...

now this is confusing for me :) it's the law in Bali, if for example the value of the land is 600, the seller pays 5 % of the 600, the buyer 5 % of 540 million....

Some kabupaten like Negara, Buleleng say "sorry we only give you 20 or 30 million" but following the law it's in the whole bali 60 million
 
okay in other words...how does your notary determine the value of the land?

because in post number 4 you write " NJOP of course still exists but you can't use it anymore for buying / selling, so it's not clear what I wrote sorry "

and in your first post under number 3 you write " buyer / seller tax based on the purchase price....crazy things like this "

And the 60jt you mention as a taxcut/taxfree, there are certain conditions that apply for getting that.
 
yes you're right. I'm not a native speaker. NJOP - land tax (the 1 you have to pay every year), this of course still exists but getting more & more every year (like f.e. in Jimbaran / Puri Gading). I went to a notary there and insisted on paying her 1 % of the NJOP as a notary fee (was always a good deal til then) she smiled and said ok. Than I found out that the NJOP value of the land was much higher than the purchase price.
For the buyer / seller taxes they use Dispenda now. How to calculate:BPHTB = (NJOP-NJOPTKP) x Tarif Pajak
I got my 60 million every time in the last 2 years....

Here we go:

Contoh Perhitungan BPHTB

Seorang ayah menghibahkan sebidang tanah seluas 1.500m2 kepada anaknya. Harga pasaran tanah di daerah lokasi tanah tersebut adalah Rp. 82.000 per m2. Maka BPHTB yang harus dibayar adalah:
- NPOP : 1.500m2 x Rp. 82.000 = Rp. 123.000.000
- NPOPTKP : = Rp. 60.000.000 –
- NPOPKP : = Rp. 63.000.000
- BPHTB : 5% x 63.000.000 = Rp. 3.150.000
- Pengurangan : 50% (krn segaris) = Rp. 1.575.000 –
- BPHTB yang harus dibayar = Rp. 1.575.000
 
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