Research Article
Legal Analysis of Property Transfer Tax Regulations in Notarial Transaction Agreements Amidst the Digitalization of Society 5.0
@INPROCEEDINGS{10.4108/eai.29-6-2021.2312587, author={Albert Lodewyk Sentosa Siahaan and Budiman Ginting and Muhammad Yamin and Keizerina Devi}, title={Legal Analysis of Property Transfer Tax Regulations in Notarial Transaction Agreements Amidst the Digitalization of Society 5.0}, proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia}, publisher={EAI}, proceedings_a={ICOLEG}, year={2021}, month={10}, keywords={legal analysis property transfer tax notarial transaction agreement digitalization}, doi={10.4108/eai.29-6-2021.2312587} }- Albert Lodewyk Sentosa Siahaan
Budiman Ginting
Muhammad Yamin
Keizerina Devi
Year: 2021
Legal Analysis of Property Transfer Tax Regulations in Notarial Transaction Agreements Amidst the Digitalization of Society 5.0
ICOLEG
EAI
DOI: 10.4108/eai.29-6-2021.2312587
Abstract
This study aims to find alternative ways to use digital technology in answering the problem of implementing the transfer of land and building rights taxes in the sale and purchase deed. In notarial transaction agreements, property transfer tax is mandatory and is collected based on statutory regulations. Property transfer tax consists of income tax, value-added tax, sales tax on luxury goods, and property title transfer fee. It is calculated according to the Regional Tax and Retribution Law which takes the highest value of the Sales Value of the Taxable Object or transaction value. This causes legal uncertainty, as there are many cases where the calculation basis is fabricated to reduce the tax that must be paid prior to the signing of the agreement. This causes a large potential loss for the state if the calculation is based on the Regional Tax and Retribution Law. This is normative juridical research, which utilizes materials from books, laws, articles, and other legal materials. The results indicate that the basis for calculating property transfer tax in notarial transaction agreements should not be taken from the highest value between the Sales Value of the Taxable Object or transaction value, but rather from the fair market value. The Regional Tax and Retribution Law should be revised with the support of digitalization so that tax potential can increase.