Stamp duty is applied at a rate of IDR 10.000 for each document subject to the tax object. Although the rate is relatively low, stamp duty generates significant revenue. Data cited from the Directorate General of Taxes (DGT) shows that stamp duty revenue reached approximately IDR 1.07 trillion in 2022, IDR 1.22 trillion in 2023, and IDR 1.34 trillion in 2024. These figures indicate an increasing trend in revenue over the period.
The use of electronic stamps has also increased. In its 2024 Sustainability Report, Perum Peruri reported distributing 15.68 million electronic stamps in 2022, 29.96 million in 2023, and 40.89 million in 2024. This represents an increase of approximately 36.5% in 2024 compared to the previous year. Peruri attributed this growth to the increasing use of digital documents. However, the number of electronic stamps distributed does not necessarily reflect the number of stamps the public actually uses.
The government updated the stamp duty provisions through Law Number 10 of 2020 on Stamp Duty, which was implemented on January 1, 2021, replacing Law Number 13 of 1985. This update aligns stamp duty regulations with technological developments and administrative requirements in economic activities. One significant change is the recognition of electronic documents as stamp duty objects. Implementing provisions are set out in Government Regulation Number 86 of 2021 and Minister of Finance Regulation Number 78 of 2024 concerning Implementing Provisions for Stamp Duty, effective November 1, 2024.
Stamp Duty Objects
Article 3 of Law Number 10 of 2020 specifies two categories of documents subject to stamp duty: documents created as an instrument to describe a civil event, and documents used as evidence in court.
The first category includes agreements and their counterparts, certificates, statements or similar documents, notarial deeds including grosse, copies, and extracts, as well as deeds of Land Title Registrars (PPAT) along with their copies and extracts. Other objects include securities under any name and form, securities transaction documents including futures contracts, auction documents, and other documents specified by government regulation.
Stamp duty also applies to documents stating a monetary amount with a nominal value exceeding IDR 5 million, including documents acknowledging the receipt of money or declaring that a debt, in whole or in part, has been settled or accounted for. Receipts meeting these criteria fall into this category.
The stamp duty rate is IDR 10.000 and, in principle, applies once for each document subject to it. However, the law also outlines several exemptions.
Article 7 exempts certain types of documents from stamp duty, including documents relating to the movement of people and goods, such as bills of lading and transport documents, diplomas, and receipts for salaries and other payments associated with employment relationships.
Other exemptions include receipts for all types of taxes, money receipts for internal organizational purposes, documents relating to cash deposits or securities, pawn tickets, statements of profit distributions, interest, or returns on securities, and documents issued by Bank Indonesia in connection with implementing monetary policy.
Liable Parties
Law Number 10 of 2020 uses the term Liable Party to refer to the party obligated to pay stamp duty. Article 9 regulates this determination based on the type of document.
For unilateral documents, stamp duty is payable by the party receiving the document. Meanwhile, for documents made by two or more parties, each party is liable for stamp duty on the document they receive. Specifically for securities, the issuer of the security is the liable party.
For documents used as evidence in court, stamp duty is payable by the party submitting them. For documents executed abroad and used in Indonesia, the party receiving the benefit of the document pays the stamp duty.
The determination of the liable party under the law should be distinguished from commercial agreements regarding who bears the cost. The parties may agree in a contract on how stamp duty costs will be allocated. However, such an agreement does not inherently alter the designation of the liable party under the law.
Time of Liability
Article 8 of Law Number 10 of 2020 specifies when stamp duty becomes payable based on the type of document.
For agreement letters and their duplicates, notarial deeds, and Land Deed Official (PPAT), stamp duty becomes payable when the document is signed. For securities and securities transaction documents, stamp duty becomes payable when the document is completed.
For certificates, statement letters or similar documents, auction documents, and documents stating an amount of money, stamp duty becomes payable when the document is handed over to the intended party. The time of liability for these documents is not determined solely by the signing date.
For documents used as evidence in court, stamp duty becomes payable when the documents are submitted to the court. For documents executed abroad, stamp duty becomes due when the documents are used in Indonesia. The law also authorizes the Minister of Finance to determine other liability periods.
The right to collect outstanding stamp duty expires five years after it becomes payable, in accordance with the law.
Payment Procedures
The liable party must pay the stamp duty at the time it becomes payable. Payment is made using stamps or a tax payment slip in accordance with applicable regulations. Stamps may take the form of adhesive stamps, electronic stamps, or other forms determined by the Minister of Finance. Electronic stamps contain a unique code and specific information and are affixed to electronic documents through an authorized system provided in accordance with regulations.
Payment using a tax payment slip may be carried out under certain conditions when paying with stamps is inefficient or impracticable. If stamp duty has not been paid or is underpaid, interested parties may perform subsequent stamping in accordance with applicable regulations.
Subsequent stamping applies to, among others, civil documents on which stamp duty has not been paid or is underpaid, and documents to be used as evidence in court. For underpaid or unpaid civil documents, subsequent stamping is generally subject to an administrative penalty of 100% of the unpaid stamp duty. Meanwhile, subsequent stamping for documents to be used as evidence in court follows specific provisions under the law and its implementing regulations.
Collection and Reporting
The Minister of Finance may designate certain parties as stamp duty collectors. Under Article 11 of Law Number 10 of 2020 on Stamp Duty, collectors must collect stamp duty from liable parties, remit it to the state treasury, and report the collection and remittance to the DGT. Reporting is conducted electronically through a monthly tax return for stamp duty in accordance with applicable provisions.
Companies designated as collectors must ensure that documents subject to collection are correctly identified, the amount of stamp duty collected matches the amount remitted, and reporting is completed on time.
Minister of Finance Regulation (PMK) Number 78 of 2024 replaces several previous implementing provisions, including PMK Number 151/PMK.03/2021 regarding the designation of collectors as well as procedures for stamp duty collection, remittance, and reporting. Therefore, companies must refer to PMK Number 78 of 2024 and the latest administrative provisions to ensure compliance with applicable procedures and deadlines.
Administrative Sanctions and Criminal Provisions
Law Number 10 of 2020 distinguishes administrative sanctions for stamp duty non-payment from criminal sanctions for stamp counterfeiting or misuse.
Under the circumstances specified by law, collector who fails to collect or remit stamp duty may be issued an underpayment assessment along with an administrative penalty of 100%. Liable parties who fail to pay or underpay stamp duty may also be subject to an underpayment assessment and administrative sanctions under the provisions. Late remittance and reporting non-compliance may entail administrative consequences based on prevailing regulations.
The law also regulates the obligations of certain officials, including judges, court clerks, notaries, and land deed officials, regarding documents on which stamp duty has not been paid or is underpaid. The implementation of these obligations and their administrative consequences follow applicable provisions.
On the criminal side, Article 24 of Law Number 10 of 2020 stipulates a maximum prison sentence of seven years and/or a maximum fine of IDR 500 million for certain acts involving imitating or counterfeiting stamps to be used as genuine, or unlawfully producing stamps using genuine stamp dies. These provisions cover electronic stamps and stamps in other forms, depending on the article's wording.
Article 25 provides for the same criminal penalties for certain acts relating to the use, sale, offering, delivery, possession for sale, or importation into Indonesian territory of counterfeit stamps and goods affixed with counterfeit stamps.
Meanwhile, Article 26 stipulates a maximum prison sentence of three years and/or a maximum fine of IDR 200 million for certain acts involving removing cancellation marks from used stamps or reusing stamps whose cancellation marks have been removed as if they had never been used.
Not every issue involving electronic stamps constitutes a criminal offense. Whether an act constitutes a criminal offense depends on the conduct in question and whether the elements prescribed by law have been fulfilled. Nevertheless, the use of counterfeit stamps, purchases through unauthorized channels, and the reuse of previously used stamps should be avoided.
Conclusion
Stamp duty is applied at a rate of IDR 10.000 for each document subject to it. State revenue from stamp duty exceeds IDR 1 trillion per year, based on data cited for the 2022–2024 period. At the same time, Perum Peruri's report notes that the use of electronic stamps continues to increase.
These developments require businesses to manage stamp duty compliance for both physical and electronic documents. Steps that can be taken include identifying documents subject to stamp duty, regulating cost allocations in contracts, using stamps obtained through official channels, and verifying whether the company has been designated as a collector.
Stamp duty compliance involves accurately determining the time liability arises, making payments in accordance with regulations, and fulfilling collection, remittance, and reporting obligations for parties designated as collectors. Adequate internal controls can help reduce the risk of underpayment and administrative sanctions.
Ideatax can assist businesses in reviewing stamp duty obligations and evaluating internal procedures to support compliance with applicable regulations.
Related Regulations
- Law of the Republic of Indonesia Number 10 of 2020 on Stamp Duty.
- Government Regulation Number 86 of 2021 on the Procurement, Management, and Sale of Stamps.
- Minister of Finance Regulation Number 78 of 2024 concerning Implementing Provisions for Stamp Duty.
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Writer: Ideatax | Editor: Thomas Rizal