Appointment of Stamp-Duty Collectors and Administration of Stamp Duty Returns

Following the issuance of the new Stamp Duty Law in October 2020, the Ministry of Finance has issued Regulation no. 151/PMK.03/2021 dated 26 October 2021 (“MoF-151”) to stipulate further the procedures for appointment of Stamp-Duty Collectors and the administration of Stamp Duty Returns.

Salient points taken from this new MoF Regulation are as follows:

  • The Director General of Tax (“DGT”) can appoint Taxpayers to be Stamp-duty Collectors if they facilitate the issuance of securities in the form of cheques and/or issue / facilitate the issuance of Certain Documents in a total of over 1,000 documents per month.
  • The Certain Documents as mentioned above are securities transaction documents, including futures contract transaction documents with any name and in any form; statement letters, along with copies of said letters; and documents which state an amount of money with a nominal value of more than IDR 5 million and which outline the receipt of money or an acknowledgment of debt settlement.
  • A Taxpayer which fulfills the criteria above but has not been appointed by the DGT may submit a notification to be appointed as a Stamp-duty Collector through the platforms available online.
  • Stamp-duty Collectors must collect stamp-duty that is payable in relation to the above-mentioned documents from the stamp-duty payers within the respective timeframe and settle and report the collected stamp-duty by the 10th and 20th day of the following month, respectively.
  • MoF-151 also prescribes several forms for the notification/ revocation of appointment as Stamp-duty Collector, refund and overbooking of stamp-duty, as well as the format of the Stamp-duty Return and its instruction manual.

The provisions for the signing of stamp-duty returns, the applicable administration penalties/sanctions, and amendment of stamp-duty returns shall be in accordance with the prevailing general taxation laws and regulations.

MoF-151 has been effective since it was promulgated on 27 October 2021.

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