PREMISE LAW JURNAL
Vol 1 (2018): VOLUME 1 TAHUN 2018

PENGENAAN PAJAK ATAS PENGALIHAN HAK ATAS TANAH DAN BANGUNAN MELALUI PPJB (PERJANJIAN PENGIKATAN JUAL BELI) LUNAS YANG DISERTAI KUASA JUAL

RAYMOND SAPTAHARI (Magister Kenotariatan)



Article Info

Publish Date
08 Mar 2019

Abstract

DOSEN PEMBIMBING:1. BUDIMAN Ginting2. Bastari3. Utary Maharany Barus PPJB-TB is a preliminary agreement on land and building right transfer between the seller and the buyer before the real Purchase Contract is signed. The issuance of PP No.34/2016 causes legal certainty in which PPJB-TB, PPh-Final payable, and the implementation of tax assessment on PPh in PPJB become the responsibility of a Notary. PPh-Final payable in PP No.34/2016 has met the principle of justice since it belongs to a person who has additional income from land and building right transfer or to those who transfer their land and building through PPJB and/or its addendum. Concerning settled PPJB-TB, related to its tax, the implementation of Settled PPJB-TB does not become the object of BPHTB and its exception so that there is legal uncertainty for PPJB as the object and is regulated on BPHTB in Law No.28/2009 on Regional Tax and Retribution and in the regulation on PPh in PP No.34/2016.

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