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The Role of Property Tax in Fiscal Decentralization in Indonesia 2002 Policy and Society
The Role of Property Tax in Fiscal Decentralization in Indonesia 2002 Policy and Society
The Role of Property Tax in Fiscal Decentralization in Indonesia 2002 Policy and Society
Decentralization in Indonesia*
Mukul G. Asher **
Abstract
Indonesia has embarked on a decentralization process with potentially far reaching
implications for its fiscal system and political economy. This paper examines the role of
property tax in fiscal decentralization in Indonesia. Currently, the property tax is essentially
a central tax as far as design, valuation, collection (target based), and administration are
concerned. The net revenue is fully shared with provinces and districts, though the basis
of sharing is not fully transparent. This paper suggests that in order to increase the share
of own-revenues of the regions, policymakers may consider permitting greater discretion
to districts to set effective property tax rates, within the overall limits set by the central
government. It is suggested that centralized administration be retained. Transforming
property tax into a truly local tax, including local responsibility for valuation, is not
currently recommended, but could be kept as a key long-term goal.
1. Introduction
Until the 1997 East Asian crisis, Indonesia experienced rapid growth
over a prolonged period under an autocratic political structure and
highly centralized fiscal system.1 The old political structure however,
did not survive the crisis, and the country is now gradually becoming
accustomed to a multi-party democratic system. Beginning with the
2004 elections, the president will also be elected through a direct popular vote. The role of local level legislatures has increased as a result of
decentralization; and they will therefore have much greater impact on
the country than in the past. The general expectation is that democracy will lay a more solid and sustainable foundation for broad based
economic development in Indonesia, and will be better able to mediate conflicts among different regions and groups.
As political power becomes more diffused resulting in multi-centric power structure, an ambitious program of decentralization is being implemented, with potentially far reaching implications for the Indonesian polity and the fiscal system (Sidik and Kadjatmiko 2002;
Ahmad and Mansoor 2002; Alm, Aten and Bahl 2001). The two seminal laws on decentralization, Law Number 22/1999 on Regional
28 - Mukul G. Asher
to the regions (IMF 2002, 72). The transfer of civil servants raises
issues about their pension and health benefits which appear to have
been given relatively little attention. The expectation appears to be
that the central government will continue to bear those costs, at least
for the existing employees. It would be useful to clarify this issue.
The transfer of two million employees however, has occurred
without any significant disruptions to the service delivery. One of the
reasons may be that the majority of the employees were already physically located at local and regional levels. This suggests, at least according to one study, that concerns that local governments would be
unprepared for such transfers were overstated (Silver, Azis and
Schroeder 2001, 346). The broader issues of capacity of local government to choose expenditure projects and implement them effectively;
and the possibility of political shifts at the centre leading to at least
partial reversal of the substance of decentralization process, remain
however (The Economist, February 15, 2003, 28-29).
The second seminal law (Law No 25/1999), which revamps intergovernmental fiscal transfers, concerns fiscal balance between the central government and the regions. This has led to new system of tax
sharing, two intergovernmental grants,3 and Kabupaten and Kota (but
not provinces) being permitted to levy their own taxes through local
by-laws if they get central government approval (Sidik and Kadjatmiko
2002, 2). The criteria for these taxes are based on Law No 34/2000
(Law on Local Government and User Charges) which replaced Law
No. 18/1997. The criteria range from political acceptability at both
regional and national levels, to consistency with environmental and
conservation needs, to not damaging the local economy (Sidik and
Kadjatmiko 2002, 14). 4
Local tax proposals are submitted to the national government,
and are reviewed by both the Ministry of Home Affairs and Ministry
of Finance. However, if there is no objection after one-month, the
proposals can be automatically implemented. Such a short time, combined with lack of expertise in evaluation of the proposals has meant
that a significant number of inappropriate taxes have been implemented.
Regional governments are however, not permitted to borrow as
this may adversely affect the ability of central government to conduct
macroeconomic policy. For large capital projects, such as mass transit,
Kota
Kab
Overall
30
15
15
Shares of 24
national
revenues
56
22
19
22
Grants
32
14
63
76
63
Total
100
100
100
100
100
Local
revenues
Provinces(excl
DKI)
44
Note: Indonesias fiscal year was changed from April March to calendar year in 2000.
Source: Sidik and Kadjatmiko 2001.
30 - Mukul G. Asher
Table 2
Proportion of Sharing of State Revenue before and After Law of Financial
Balance (Percentage)
After
Before
Provinces
Districts
Central
Provinces
Districts
Local
Government
equal share
10
16.2
64.8
16.2
64.8
10a
20
16
64
16
64
20
Natural Resource
Revenue
Forestry: IHPH
55
30
15
20
16
64
Forestay:
PSDH
55
30
15
20
16
32
32
Mining: Land
Rent/ Iuran Tetrap
20
16
64
20
16
64
Mining: Royalties
Fisheries
Oil
Gas
20
100
100
100
16
-
64
-
20
20
85
70
16
3
6
32
6
12
32
80
6
12
Income Tax
Income Tax
(Non oil)
100
80
12
Revenue Types
Property Tax
Land and Building
Tax (PBB)
Charge on Transfer
of Land and
Building (BPHTB)
Central
a. The centre keeps 9 percent of the PBB revenue as collection fee. Nil
Source: Adapted from Sidik and Kadjatmiko, 2001
It is in the above context that this paper analyses the role of the
property tax (PBB and BPHTB) in fiscal decentralization in Indonesia.
The rest of the paper is organized as follows: Section 2 analyses
the nature and structure of property tax in Indonesia. Section 3 analyses the role currently assigned to property tax in fiscal decentralization, and section 4 provides the concluding observations.
2. Nature and Structure of Property Taxation
Even before the Dutch colonization of Indonesia, land tenure systems existed under various kingdoms and village authorities. These
systems varied from kingdom to kingdom. During the Dutch rule, tax
on property was imposed as a tax on land, which was assessed by the
village authorities. A land rent system was developed in 1811 using
the principles of Indian property tax system developed by the British
at that time. In this system, land rent was applicable to individual landowner. Due to resource constraints, this system was not enforced for a
long time. As a result, old system of assessment by village authorities
continued until 1872. Revised land rent system, based on the British
principles, was enforced after the enactment of 1872 Land Rent Act
(Rachmany, 2000).
The modern property tax dates back to 1986 when as a part of
comprehensive tax reforms initiated in 1983, Land and Building Tax
(PBB) was introduced (Asher 1997; Gillis 1989). Before the PBB, taxes
relating to property were levied under seven separate ordinances. The
IPEDA (Iuran Pembangunan Daerah or contribution for Regional Development), and net wealth tax were the most important property taxes.
IPEDA was levied on the net proceeds from land classified into
five sectors- forestry, estate (private and state), mining, rural (rice and
non-rice), and urban. The basic nominal rate was 0.5 percent of the
proceeds from land in the rural sector and 1 percent of capital value in
urban sector. Rural non-forestland and estates were subject to progressive taxes. IPEDA liability on forestland was set at 20 percent of
logging royalties, whereas tax liability for mining land was decided by
negotiation. Because of uneven enforcement, ad hoc exemptions, and
a 50 percent exemption for residential property, effective rates were
much lower, and varied widely even for the same property class. The
collection cost of IPEDA and related taxed was high. In 1986,
32 - Mukul G. Asher
property tax revenue was Rp 190 billion, 1.4 percent of total tax revenue, equivalent to only 0.20 percent of GDP (Asher 1997, Table 4.2,
132-133).
The PBB is levied on sales value (or capital value) of land and
building and not on rental value as previously. The tax liability is defined broadly to cover either the owner and / or the user (beneficiary)
of land and/ or building. This ambiguity is designed to facilitate tax
administration as property titles records are not always complete (Kelly
1995; Rosengard 1998). The PBB expanded the tax base by shifting
from rental to capital values by drastically reducing exemptions, and
by greater focus on tax collection5 (Rachmany 2000; Rosengard 1998).
.
The initial intention was to undertake property valuation every three
years, except in those areas of rapid development, where the assessments were to be more frequent. At the same time, tax administration
has been given flexibility to choose the valuation technique for all
properties except unique, high value properties. This system uses similar land value zone approach under which land value books are used
for land, and building classification system used for buildings (Kelly
1995; Rosengard 1998).
The land values are determined by tax department in close consultation with local authorities, and approved by regional head
(Rosengard 1998). The tax authorities have been refining the valuation techniques through special studies of sales and assessments. For
valuing buildings, cost tables determined by the tax department are
used. The total property value is the summation of land and building
values. Special techniques are used for mining, estates, and other properties.
The values used in classifying land and buildings are updated from
time to time. The most recent system (in force in early 2003) classifies
land into 100 classes, and buildings into 40 classes, with each class
having a unit market price and assessment value. The assessment value
per sq metre of land ranges from Rp 14,000 to Rp 68.5 million while
for building it ranges from Rp 50,000 to Rp 15.2 million. An initial
maximum exemption (called non-taxable value of the property) of Rp
12 million has been granted for buildings since 2001, but the regional
and local governments have been given discretion to set their own
threshold level of exemption. There is no exemption granted for land.
The reason appears to be de-facto use of property tax record as evidence of land ownership.
Determining the Tax Liability
The tax rate on all properties throughout Indonesia is set by national
law at 0.5 percent. Local governments do not have discretion in setting the rate. This rate is applied to the tax base defined as the capital
(sales) value estimated according to method described above, times
the assessment rate (or ratio), less value of exemption. The assessment ratio can range from 20 to 100 percent. In 1986, nationwide
assessment ratio was set at 20 percent. In 1994, this was raised to 40
percent for high value urban properties over Rp 1 billion while in 2000,
the 40 percent rate was set for all urban and rural properties over Rp 1
billion, and for all properties above 25 hectares within the forestry and
estate sectors. All other properties have the assessment ratio of 20
percent. The effective legal rate thus ranges from 0.1 to 0.2 percent 6
(Assessment ratio x tax rate). Thus, the PBB tax liability is determined
by the following equation:
PBB Tax Liability = [(Assessment Value of Land per sq meter X area X assessment
Ratio) + (Assessment value of Building per sq meter Area Assessment Ratio)
Value of Exemption] 0.5
(1)
34 - Mukul G. Asher
Amount
(Rp. billion)
4484.1
(100.0)
267.4 (6.0)
1084.2 (24.2)
198.8 (4.4)
132.4 (3.0)
1879.3 (41.9)
922 (20.6)
2000 b
% Tax % GDP
revenue
3.87
0.35
0.23
0.94
0.17
0.11
1.62
0.02
0.08
0.02
0.01
0.15
0.80
0.07
Amount
(Rp. billion)
6712.2
(100.0)
322.2 (4.8)
1712 (25.5)
244.8 (3.6)
169.8 (2.5)
2838.2
(42.3)
1425.2
(21.2)
2001
% Tax % GDP
revenue
3.63
0.45
0.17
0.93
0.13
0.09
1.54
0.02
0.12
0.02
0.01
0.19
0.77
0.10
a. Introduced in 1998-99; Figures in brackets are the percentages of total property tax
revenue.
b. Data are for April-December 2000, i.e. for 9 months.
Source: Director General of Taxation, Indonesia; Bank Indonesia, Annual report, 2001
First, the most important source of property tax revenue is the mining
sector (42.3 percent of the total in 2001); followed by the urban properties (25.5 percent) and transfer charge (21.2 percent). The authorities expect the share of transfer charge to increase overtime 8.
Second, the revenue from urban properties has been relatively
less buoyant in the recent years despite the effective rate increases in
1994 and in 2000. Indeed, in 2001, revenue from urban properties as a
percentage of the tax-revenue remained essentially constant as compared to previous period. This may be explained by a decline in property prices since the 1997 crisis, and sluggishness in the property
36 - Mukul G. Asher
sector. Low effective rate of tax is also a factor in relatively low revenue importance of urban properties, particularly as property valuation appears to be close to market values.
Third, the revenue importance of rural sector plantations and
forests is negligible, as their combined total is only about 10 percent
of the property tax revenue in 2001.
Fourth, it may be useful to also classify revenue from properties
according to their use. Thus, properties may be classified according to
residential, commercial, industrial, and special purpose properties, and
resulting revenue trends monitored. This is essential if limited use of
property tax for broader public policy purposes, such as encouraging
residential development and home ownership is contemplated. Granting of authority to regional authorities to use property tax as fiscal
incentive instrument to attract investment is likely to result in unhealthy tax competition, making the nation as a whole worse-off.
3. Property Tax and Decentralization
The property tax in Indonesia is designed and administered centrally,
but except for 9 percent collection cost, all the revenue from this tax is
shared with the provinces and districts. The central administration is
the responsibility of the Directorate of Property Tax, Directorate General of Taxation, Ministry of Finance. Its duties are undertaken through
106 regional offices. There are about 50 million taxpayers and 80 million properties. The Directorate is organized according to functions
such as property information, valuation, assignment, collection, and
appeals. A special group assigned to each regional office assists in valuing
properties. The local governments have a role in the collection process
by providing information and a follow-up. The PBB fiscal cadastre has
proved to be quite effective (Kelly 1995).
The central administration permits economies of scale to be
realized in property tax administration, particularly in investing in technology for valuation, and management information system. The administration costs are met from 9 percent of PBB revenue (BPHTB
revenue is not included). It should however be noted that 9 percent
collection costs do not fully meet the total cost of administering the
property tax, as salaries of the concerned staff continue to be met
from the central government budget. The property tax in Indonesia
since its introduction in 1986 has been a shared tax (Table 2). Because
of decentralization, the major change has been that the 10 percent
share of the central government has now formally been allocated to
local government (Table 2).
Two interrelated features of current property tax design and revenue sharing are of particular relevance for the decentralization process.
The first feature concerns complicated revenue sharing formula
for the property tax designed to introduce equalization elements
(Ahmed and Mansoor, 2002, 10). It may be more efficient and equitable to use expenditure grants and other taxes for equalization, freeing property tax to play more substantial role at the local level as discussed below. If each company pays the mining sector property tax
revenue directly rather than through Pertamina, there will be greater
transparency in allocation of tax revenue.
The second feature concerns the lack of control by regional governments over the rate structure of the property tax and other design
features (except for limited flexibility in setting the threshold exemption level). Relatively low levels of own revenue generated by particularly Kota (15 percent) and Kabupaten (5 percent) (Table 1) suggests
need to permit greater control and accountability by them in raising
recourses.
It is in the above context that the property tax can play a modest
role in fiscal decentralization process. The term modest is used because property tax revenue is unlikely to be large enough to play more
than a modest role in financing local government expenditure.
There is however a strong case for continuing with central administration due to possibilities of reaping scale and scope economies9,
and for ensuring consistency in administration. The central administration however would need to be responsive to concerns of local governments, including in minimization of arrears. Making PBB and
BPHTB a truly local tax, with local valuation and administration, is
not currently suggested, but may be kept as a very long-term goal.
Bambang (2003) reports that even the authorities in Jakarta, arguably
best equipped to administer property tax, are unenthusiastic about
shouldering this responsibility (2003, 3).
If the equalization elements are excluded from property tax
revenue sharing formula, and if the local governments are given some
38 - Mukul G. Asher
discretion in setting the tax rates for the PBB and BPHTB, then own
revenue share could exhibit modest increase10. Sidik and Kadjatmiko
(2002) have estimated that in 2001 PBB represented 4.8 percent of
the total local budgetary revenue, though there were substantial variations between regions (2002, 15). In addition, they estimate that BPHTB
accounted for about 0.9 percent of province and Kota/ Kabupaten
total budgets (2002, 16).
They suggest that not only the Kota/ Kabupaten should be given
the authority to set tax rate for PBB anywhere in the range of 0.1 to
0.5 percent (maximum currently permitted under the law) on capital
value of land and building less approved exemption, but that provinces should not share in the revenue from PBB and BPHTB (Sidik
and Kadjatmiko, 2002, 15-16). They suggest that loss of revenue to
provinces may be made up by changes in percentages of provincial
taxes, including oil and gas revenue shared with local governments.
Sidik and Kadjatmiko (2002) have also suggested that the 20
percent of non-oil income tax (PPh) revenue currently shared with the
provinces be provided wholly to Kota/ Kabupaten (2002, 17). They
again suggest that provinces be compensated through appropriate
changes in sharing of provincial taxes with local governments.
If the above recommended changes in property tax and personal
income tax are undertaken, they estimate that the share of own revenue will increase from 44 to 49 percent for provinces (excluding DKI),
from 30 to 84 for DKI; from 15 to 26 percent for Kota; from 5 to 11
percent for Kabupaten; and from 15 to 23 percent for combined regional governments (2002, Table 5, 18) 11.
The above suggests that DKI will be the primary beneficiary of
their recommendations. It also appears that the issue of vertical imbalance, particularly for the centre will need careful consideration. There
is already concern that the current system of inter-governmental transfers has resulted in central government moving from surplus position
(i.e. revenue share in the combined fiscal operations exceeding expenditure share) to a deficit position (IMF 2002; Ahmad and Mansoor
2002; and Sidik and Kadjatmiko 2002). If making property tax and
income tax share wholly local results in further adjustments in grants
to provinces, then the central governments deficit position may worsen
further. So it is essential that consensus is reached between the central
government and the provinces that such an outcome will be avoided
40 - Mukul G. Asher
Notes
* For the purposes of this paper, US$1 = Rp 8,850 (mid-January 2003 rate).
** I would like to thank Jay Rosengard, Kadjatmiko, Gitte Heij, David Ray, and an
anonymous referee for useful comments, and Amarendu Nandy for research assistance.
The usual caveat applies.
1. Indonesias real GDP grew at an annual rate of 7.0 percent during the 1965-80 period,
6.1 percent for the 1980-90 period, and 5.8 percent for 1990-98 period. (The World Bank,
various years). Such high and sustained growth over three decades is indeed an impressive
achievement.
2. Before 1999, revenue share of the central government represented about 95 percent of
the total revenue; substantially more than 50 to 70 percent share commonly found in the
federal states such as Australia, India, and the United States (IMF 2002, 66-67).
3. The two intergovernmental grants are Dana Alokasi Umum (DAU- General Purpose
Fund), and Dana Alokasi Khusus (DAK-Specific Purpose Fund). The two replaced the
old system of intergovernmental transfers. DAU, which requires minimum of 25 percent
of revenues net of shared revenues to be transferred, is however by far the most important
of the two. The DAU transfers increased from Rp 4.25 trillion in 2000 to projected Rp
69.11 trillion in 2002 (Sidik, and Kadjatmiko 2002, Table 2, 3). These transfers are made
according to a complex formula, one of the major objectives being equalization of fiscal
capacities of regional governments to finance expenditures.
4. The criteria are enumerated in Sidik and Kadjatmiko (2002), pp.13-14.
5. The major change in revenue collection procedure was new Payment Point System (SISTEP)
under which selected banks were designated for tax collection and accounting, and for many
cases payment was made in one rather than several installments (Rosengard 1998; Kelly 1995).
SISTEP was field tested in 1989, and introduced nationwide by 1992. Further refinements in
payments and in property tax information for system have been continued since then.
6. Properties with 0.2 percent rate are called high value properties, and they generate
about half of the PBB revenue (Sidik and Kadjatmiko 2002, 15).
7. According to the data supplied by Indonesias Directorate General of Taxation, actual
property tax collection in 2002 was Rp 8.02 trillion, very close to the target of Rp 8.13 trillion.
8. Indeed, the 2002 budget envisages the share of transfer charges to increase to 27.1
percent of the total property tax (Bank of Indonesia 2002, Table 31, 265). Based on the
data supplied by the Directorate General of Taxation, the actual collections of the BPHTB
in 2002 however fell short by a considerable margin. As a result, it contributed only 20.5
percent of the total property tax revenue.
9. Economies of scope in the property tax context arise when different activities such as
valuation, and property records, and collection can be undertaken at a lower cost at a
central level than being undertaken by each regional and local tax jurisdiction separately.
10. IMF (2002, 75), and Sidik and Kadjatmiko (2002, 16-17) have suggested permitting
regions to impose surcharges (piggy backing) on taxes under central governments control.
Sidik and Kadjatmiko have also advocated giving substantially greater discretion in setting
tax rates for provinces and for districts on taxes levied by them (2002, 14-15).
11. They do not separate the impact of property tax from that of the income tax. In
2001, as the non-oil PPh revenue was Rp 69.7 trillion as compared to Rp 6.3 trillion for
property tax (Bank of Indonesia 2002, Table 31, 265) the impact of the PPh is likely to
be higher than of the property tax.
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