Sally1

Member
Jun 8, 2013
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Can anyone advise the pros and cons of a PMA, have been advised to apply for one because I am leasing my property . Also any advice on costs appreciated
 

Markit

Well-Known Member
Sep 3, 2007
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Karangasem, Bali
Get a different adviser is my advise.

Why would you need a limited liability company to live in a house you leased unless you are involved in a business from that house?
 

no.idea

Member
Feb 22, 2011
862
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Sanur
To lease a house you do not need a PMA. You simply lease it. I have had one of my houses for 5 years. The house owner and I have still not got around to signing a contract.
You now have me thinking, I have had another for 9 years and do not have a contract for that place either. Oops, their is a third one I have had for 3 years, there is no formal contract for that one either.
Before you think I am completely mad, the financial transactions were all filmed and filed away.
 

Markit

Well-Known Member
Sep 3, 2007
9,408
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Karangasem, Bali
Before you think I am completely mad (way, way too late for that!), the financial transactions were all filmed and filed away.(now no one will ever accuse you of being "normal" but filming your financial doings for later "enjoyment" puts you pretty much on the left side of "totally fecking weird"

So all in all no.idea should make a pretty good adviser.

Maybe you can get him to come around and do some filming?

Try here first, it made me cry - Terrible real estate agent photographs
 
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Sally1

Member
Jun 8, 2013
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Can anyone advise the pros and cons of a PMA, have been advised to apply for one because I am leasing my property . Also any advice on costs appreciated

very funny..... funds earned from leasing my out to others....do I need a PMA?


Any advantages of having a PMA?
 

spicyayam

Well-Known Member
Jan 12, 2009
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A PMA is a company structure like a PTY LTD company in Australia. A PMA is the only company a foreigner can start and own a percentage of in Indonesia. Any foreigner earning income in Indonesia through a business should probably have a PMA. Of course there are people here who use a spouse or friend to start a CV, or PT so they don't have to start a PMA. If the property is owned by a "nominee" and you want to rent it out, you are already in a legal "grey area" so perhaps you don't need a company at all.
 

gilbert de jong

Active Member
Jan 20, 2009
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Panji, Singaraja.
just guessing here, maybe there has been some sort of miscommunication between advisor and you....
so let me ask you : you say you are leasing your property, is that a straight-up longterm rental of said property?
 

Sally1

Member
Jun 8, 2013
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leasing land, building villas, the area was zoned tourism at the beginning of the year so all accommodation has to have a commercial permit, rather than permit for private villa, even if locals own a homestay so the government can charge taxes if foreigners stay. The PMA is recommended because the villas will be leased from time to time.

The rulings changed in January this year in this area.
 

Markit

Well-Known Member
Sep 3, 2007
9,408
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Karangasem, Bali
Sally I'm trying to understand your situation: you want to lease property (land, buildings) from someone. You then want to turn around and rent said property out again?

For taking leasehold on a property you don't need a PMA - leasehold is the only enforceable legal way for foreigners to hold possession of land here in Indonesia - the active word is "enforceable".

Should you wish to lease that property out to tourists, for example, then you cannot do that as a foreigner. If you had a nominee as in for instance a freehold situation then he can do that as the property belongs to him and he is an Indonesian citizen. He/you will need a Pondok Wisata permission to rent for a small (less than 6 rooms and 300 meters area) hotel.

My understanding of PMA is that you can have a PMA company but your working range is very limited and an Indonesian citizen must hold %51 of any goods or chattels - I could very well be wrong on this though.

For me the point is that neither situation is materially different - nominee, he owns it, PMA, he owns it. Added to that the fact that you are also a woman, I presume, and the situation gets even worse as most Indonesian men will not treat you as an adult with any business acumen. That will really piss you off!
 
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gilbert de jong

Active Member
Jan 20, 2009
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36
Panji, Singaraja.
Don't want to cause confusing here, but in property a PMA can be 100% foreign owned. Status of land/building this PMA operates on/with needs to be on a Hak Sewa basis.
 
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Sally1

Member
Jun 8, 2013
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Lease drawn up between two individual, stating right to use land usually for building, does not involve government and no certificate is lodged with the government
 

Markit

Well-Known Member
Sep 3, 2007
9,408
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Karangasem, Bali
Thanks Gil, I did say I was prepared to be wrong - good that I was, hun? So with PMA it's possible for the company which is %100 percent foreign owned to then own a property in Bali?

I thought that was why they made the PMA harder to get a few years back to stop just such "artistic" uses of the PMA to circumvent the Indonesian property laws?