Questions about requesting IMB PMA and Melati hotel licence

[gilbert de jong]

little update:

I was at Okusi and they advised me to check my zoning. If you have a copy of the landcertificate and PBB (Tax) they can check at the government office called ITR what the zoning of my land is.
I saw an example, it's a map with your location so you can check your zoning. Costs just 150.000rp so worth to check out. I will let you know..

ehm..not to be an ass or a wiseguy... but didn't I suggest that too? hahaha, on wich you replied "yeah the area is no problem, alot of guesthouses around"...
Hope and think it will be ok though, since there are hotels/resorts near you...Are they on the same side of the street? cause the street could be a border betweeb zones.. better check to be safe then sorry later.

I always use a notary for checking land issues (zoning,usage,ownership), has to be a PPAT notary to get acces to the files.

 

[heerhugo]

ehm..not to be an ass or a wiseguy... but didn't I suggest that too? hahaha, on wich you replied "yeah the area is no problem, alot of guesthouses around"...
Hope and think it will be ok though, since there are hotels/resorts near you...Are they on the same side of the street? cause the street could be a border betweeb zones.. better check to be safe then sorry later.

I always use a notary for checking land issues (zoning,usage,ownership), has to be a PPAT notary to get acces to the files.

yes that's right, you did suggest! Yes there are hotels and resorts at the same side as me. The certificate was issued in 2000 so there is a chance that the zoning has been changed in this area the last 11 years.
now the certificate says zoning for farming and residental, so i keep my fingers crossed...

 

[gilbert de jong]

hi heerhugo..
If the zoning in the area hasn't changed and is still residential and farming, although that would be strange since there are others around but it's not impossible. In the worst case scenario, you might ask at Okusi about doing a new measurement of land and renew the certificate with the zoning changed into commercial/residential.
I have no clue if this in within the law or not ! They would know I guess.
But if it's not, then why is it possible to do? I know for a fact that this procedure is often used.
Anyways, I will be crossing my fingers for you
stay cool and patient hugo..
fr.gr.gilbert.

 

[heerhugo]

Hi Gilbert,

They checked my zoning and it is possible to have melati-hotel in my land.
But they changed the rule in kota denpasar, melati hotel can only be owned by a PT no PMA.
So ihave to setup a PT, but iám happy that the project can continue

 

[spicyayam]

melati hotel can only be owned by a PT no PMA.

Isn't a PMA a type of PT company? Or is this just a way of saying foreigners cannot own a hotel in Denpasar? Can I ask where you got this information from?

Anyway, congratulations on getting this far!

 

[heerhugo]

Isn't a PMA a type of PT company? Or is this just a way of saying foreigners cannot own a hotel in Denpasar? Can I ask where you got this information from?

Anyway, congratulations on getting this far!

A PT is for indonesian owners, a PMA is a PT for foreigners.
Pondok Wisata and Melati Hotel could only be in indonesian name in kota Denpasar.
The strange thing is it depends by regency, in some regency you can have a PMA and melati hotel.
My (indonesian)friend went to the governement office in Denpasar for this information.

Ofcourse you can setup also a star hotel but it is from 30 rooms or more, you can run it with a PMA

 

[spicyayam]

Ok, thanks. Now I think I remember reading an article about this.

 

[gilbert de jong]

alright Hugo...glad to hear that, congrats too
goodluck with continueing your project.

 

[jay733]

alright Hugo...glad to hear that, congrats too
goodluck with continueing your project.

can someone please. please. answer my questions as best you can, I have posted this two months ago in another thread and no answers. thank you:

basic questions on forming PMA for the purpose of staying in indo long term with family (not married to indo or anything like that and have three children- US citizens):

ok PMA formation is around US$3k- one time cost

registered address etc US$800 or so per year

KITAS for family of 5 is how much ? US$864 ???? is that for 684 per person or for family? also is that a one time fee, per year or everytime you renew the visa?

US$1200 per year levy fees to government

THE MAIN QUESTION I HAVE IS : if the company is not active and was created just to stay there, the work permit/resident visa can be renewed indefinitely so we can stay for long term as long as tax is filed for the "no activity" company????? also how long is one KITAS for?

anyone who can answer please I thank you in advance

 

[hermit]

can someone please. please. answer my questions as best you can, I have posted this two months ago in another thread and no answers. thank you:

basic questions on forming PMA for the purpose of staying in indo long term with family (not married to indo or anything like that and have three children- US citizens):

ok PMA formation is around US$3k- one time cost

registered address etc US$800 or so per year

KITAS for family of 5 is how much ? US$864 ???? is that for 684 per person or for family? also is that a one time fee, per year or everytime you renew the visa?

US$1200 per year levy fees to government

THE MAIN QUESTION I HAVE IS : if the company is not active and was created just to stay there, the work permit/resident visa can be renewed indefinitely so we can stay for long term as long as tax is filed for the "no activity" company????? also how long is one KITAS for?

anyone who can answer please I thank you in advance

I think you ask your question to the wrong people.
There are specialised firms that can help you with this,as there is a massive grey area between rules and practise.
I doubt if it would work to form a PMA just for the purpose of staying in Indonesia.It is clear the rules are not made for this kind of purpose.
Any Kitas will have to be renewed yearly anyway.Those costs are per person I would say,depending if your children have their own passport.
If you have no intention to work ,why not take socio-cultural visa for your family?these are each time extendible until 180 days,and then you will have to do a visarun to Singapore or KL.The cost of that is a fraction of your scheme.
If you would like to get an answer,better post in a new thread,not in one that has no relation to your subject.

 

[gilbert de jong]

ok PMA formation is around US$3k- one time cost

registered address etc US$800 or so per year

adress is for mail purposes and taxfiling and have seen cheaper prices but also more expensive...PMA formation price is about right (have read though there's a deposit to be made at a bank anywhere between 10.000 and 100.000 USD)

KITAS for family of 5 is how much ? US$864 ???? is that for 684 per person or for family? also is that a one time fee, per year or everytime you renew the visa?

That price 684 USD is close (684 is a bit more) to the renewal fee for a KITAS when using an agent, so that would be per person per year.

US$1200 per year levy fees to government

The 1200 dollar is the cost of the permit to work, so 1200USD per year per person

I agree with hermit, you should talk with a company who can give you advice specifically applicable to you and your situation..
goodluck, fr.gr. gilbert

 

[Don Albert]

What PMA business specialialities DO require Indonesian ownership

Thanks TJ - please could you post your agent's contact details?

Heres some info about PMA's from my agent;

PMA Indonesian Foreign Owned Company - This Indonesian company formation can be registered in the name
of a non Indonesian citizen and offers the foreign national direct ownership and director title. The PMA company is a
limited liability company and offers limited liability protection for foreign national director. The PMA company awards
full ownership, full business rights and full asset ownership directly to and in the name of the foreign national director.

Main Pros & Cons: PMA Indonesian Foreign Owned Company - $6,500.00 ($6,000.00 if prepaid)
This fully foreign owned company formation offers limited liability for the director/s. A PMA can sponsor six foreign
nationals to work and conduct business on behalf of the PMA company and within permitted company authorizations.
PMA sponsored foreign nationals can enjoy immigration Indonesia work and resident privileges in Bali and Indonesia.
The PMA company owners, investors, directors and any sponsored foreign nationals can obtain kitas or working visa
issued directly from the foreign owned company. Depending on certain criteria and activity kitas visas can be avoided.
Time needed for fully complete PMA Indonesian foreign held company formation is fourteen weeks. However we can
commence proceedings and complete the PMA company formation before the foreign investor/s even arrive in Bali or
Indonesia for final signing of contracts. Full and total payable charges for a foreign held and controlled PMA company
are US$6,500.00. Our PMA foreign owned company formations are large (full scale) and fully registered in both Bali,
Jakarta and able to operate Indonesia wide. The approved and permitted Bali business activities are limited and defined.

NOTE: Due to new government Indonesia regulations as of July 2007 some defined PMA (foreign owned) companies
now must partner with an Indonesian national who must hold a share in the company stocks. We however use a legal
name-only partner to enable full compliance and still ensure total control & protection for the foreign national client.
Some defined PMA business activities have not been effected by the new government regulations. We can still produce
a 100% fully foreign owned PMA company for certain defined business operations. A PMA company seeking rights to
conduct Import/Export orientated business activities can still be fully 100% foreign owned without additional contract.

 

[Don Albert]

PMA does not equal 100% foreign ownership of your business

According to the Negative Investment list, a hotel/guesthouse would have a maximum foreign ownership of 51% - please correct me if I am wrong?

Thanks

D

Hi Hugo,
I have been following your posts for the last 2 weeks and it feels like i m watching Jail Break.
i m really happy for you and that you came so far with your plans and seeing them developing starting in 2009 with the idea of the guest house till your last post with the PMA/Land/Resort and IMB.
you have inspired me in a way ! *op een dag zal het zijn vruchten afwerpen *
and also a lot of thanks to spicyayam, matsaleh, Ronb and all the others that have contributed to this post with their valuable comments and advices.

If i can make a conclusion:
To start a small resort (8 rooms) business in Bali you need to apply for a PMA.
with the PMA you can :
-Get a KITAS.
-Rent or buy a property (Land/Villa)
My questions:
1/ Are you allowed as a Direct Foreign Investor to 100% own your PMA for this line of business? If not what is the max percentage that you can own?
2/ can you please explain step by step how to get the license for the PMA, costs involved and time?

Thanks in Advance for your valuable answers,
Mickey

 

[buj4ngg4nong]

negative list

According to the Negative Investment list, a hotel/guesthouse would have a maximum foreign ownership of 51% - please correct me if I am wrong?

Thanks

D

according to the Negative Investment List ( President Decree Republic of Indonesia Number 111 Year 2007) a hotel/guest house a maximum foreign ownership of 50% ,so u need an Indonesian partner and a nominee agreement to secure ur investment. but a PMA in Hotel consultant would have 100% foreign ownership, regarding the zoning u must check it

 

[heerhugo]

according to the Negative Investment List ( President Decree Republic of Indonesia Number 111 Year 2007) a hotel/guest house a maximum foreign ownership of 50% ,so u need an Indonesian partner and a nominee agreement to secure ur investment. but a PMA in Hotel consultant would have 100% foreign ownership, regarding the zoning u must check it

A pondok wisata and hotel melati license can only be in an indonesian name. When you setup a PMA you have to get a * license, so different category

 

[Mickey]

Hi HeerHugo...any update about your project?