Foreigners hold Bali property through three legal structures: leasehold (Hak Sewa), the contractual standard requiring no visa; Hak Pakai, a registered Right to Use title for KITAS or KITAP holders, running 30 years and extendable to 80; or a PT PMA foreign-owned company holding Hak Guna Bangunan, suited to rental-business operators. The choice comes down to visa status and intent.
Key takeaways
- Leasehold fits most buyers: no visa, no company, a notarised contract for a fixed term.
- Hak Pakai gives residents a registered title in their own name, 30 years extendable to 80 in total, and is the route for strata apartments.
- A PT PMA holding HGB (Right to Build) suits genuine rental businesses, with up to roughly 80 years of tenure but real compliance costs.
- Do not rely on quoted PT PMA capital minimums; the requirements change, so verify current rules before committing.
- Rental income tax differs by residency: 20 percent final withholding on gross rent for non-residents, 10 percent for tax residents, per PwC's Indonesia tax summaries.
What are the three ownership structures available to foreigners?
Indonesian law gives foreign buyers three legitimate routes: leasehold (Hak Sewa), the Hak Pakai title, and a PT PMA company holding Hak Guna Bangunan. Freehold (Hak Milik) is reserved for Indonesian citizens, and nominee arrangements that borrow an Indonesian name are illegal and unenforceable, so they are not a fourth option.
The three routes differ on four axes: who qualifies, how long the tenure runs, what the structure costs to set up and maintain, and how income is taxed. The table below is the short version; the sections that follow explain when each route actually earns its place. For the background on why the menu looks like this at all, see can foreigners own property in Indonesia.
| Leasehold (Hak Sewa) | Hak Pakai (Right to Use) | PT PMA holding HGB | |
|---|---|---|---|
| Legal nature | Notarised contract with the landowner | Registered title at the land office | Company-held Right to Build title |
| Who qualifies | Any foreigner, no visa needed | Foreigners holding a KITAS or KITAP | A foreign-owned Indonesian company with licensed business activity |
| Duration | As contracted, typically 25 to 30 years in Sanur; Sanuuri offers 50 | 30 years, extendable by 20, renewable by 30, so 80 in total | Up to roughly 80 years across grant, extension and renewal |
| Setup burden | Low: due diligence plus a well-drafted deed | Medium: residence permit plus title registration | High: incorporation, licensing, accounting, annual filings |
| Best suited to | Most private buyers and straightforward investors | Long-term residents and strata apartment buyers | Operators running rentals as a business |
When does simple leasehold make the most sense?
Leasehold is the default for good reason: it requires no residence permit, no company and no title conversion, and a well-drafted deed delivers exclusive use, letting rights and a saleable remaining term. If you do not plan to live in Indonesia most of the year or run a licensed business, leasehold is almost always the answer.
Its quality varies with the drafting, not the concept. The deed should contain explicit extension options, transfer and inheritance rights, and letting permissions, and the landowner's certificate should be verified before signing. Term length is the other decisive variable. Typical Sanur leases run 25 to 30 years; a longer term, such as the 50 years offered at Sanuuri Residences, keeps resale value alive far deeper into your ownership. The full economics are in leasehold vs freehold in Bali.
Demand for well-located property supports the model on the income side. Bali received 6.9 million foreign arrivals in 2025, up 9.7 percent on 2024 according to BPS Bali, and Sanur adds a resident tenant base of retirees, families and professionals on top of tourism.
What is Hak Pakai and who qualifies for it?
Hak Pakai, the Right to Use, is a title registered in the foreigner's own name at the land office, available to holders of a KITAS or KITAP residence permit. Under Indonesian land regulations it runs for an initial 30 years, extendable by 20 and renewable for a further 30, giving up to 80 years in total. It is also the standard route for foreigners buying strata-title apartments.
The appeal is registration. Where a lease is a contract with a landowner, Hak Pakai is a right recorded against the land itself, which many buyers find easier to reason about and which banks and officials treat as a formal title. The constraint is the permit: you need qualifying residence status, such as a retirement KITAS or an investor permit, and the title assumes that status continues.
Hak Pakai also has one niche superpower. Indonesia's Second Home Visa (E33) normally requires an IDR 2 billion bank deposit, roughly USD 125,000, but property worth USD 1 million or more held under Hak Pakai can substitute for the deposit. That threshold is beyond most single purchases, though it matters for high-value buyers structuring residence and property together.
When is a PT PMA with HGB worth the overhead?
A PT PMA, a foreign-owned Indonesian limited company, can hold Hak Guna Bangunan (Right to Build) title for up to roughly 80 years and operate licensed rental or hospitality activity. It is the right structure when property is genuinely a business: multiple units, staff, commercial licensing and reinvestment. For a single home or holiday flat, it is usually overkill.
The costs are ongoing, not one-off. A PT PMA must maintain licensed business activity, file corporate tax returns, run proper accounting and comply with investment reporting. On capital requirements, be careful with anything you read online: the minimums for foreign-owned companies have been subject to change, so confirm the current figures with a licensed corporate adviser before planning this route rather than relying on a number that may be stale.
The honest test is intent. If you are building a rental operation and want the tenure, licensing and structure to match, PT PMA with HGB is a serious tool. If you are buying a home that happens to earn rent when you are away, leasehold with professional management achieves the same outcome with a fraction of the administration.
How does tax differ across the three structures?
For individual owners, rental income is taxed under Indonesia's final regime: non-residents pay a 20 percent final withholding tax on gross rent, while tax residents, meaning those spending 183 days or more in Indonesia, pay a 10 percent final tax on gross rent, per PwC's Indonesia tax summaries. Tax treaties can reduce the non-resident rate for some nationalities. A PT PMA is taxed as a company instead, with rental profits flowing through corporate tax and dividends.
Purchase taxes also apply. On titled transactions the buyer pays BPHTB transfer tax of 5 percent of assessed value and the seller pays 2.5 percent final income tax, again per PwC, while new builds from developers carry VAT of around 11 to 12 percent. Annual land and building tax (PBB) is small in practice, effectively around 0.1 to 0.3 percent of assessed value. The withholding mechanics, who remits what and the NPWP question are covered in rental income tax in Bali for foreign owners.
None of this should be optimised in isolation. Structure, visa, tax residency and intended use interact, which is why the sensible sequence is to define how you will actually use the property, then pick the structure, then confirm the tax picture with an adviser. The wider purchase mechanics sit in our guide to buying property in Bali as a foreigner.
Frequently asked questions
What is Hak Pakai in simple terms?
Hak Pakai is a Right to Use title registered in a foreigner's own name at the Indonesian land office. It requires holding a KITAS or KITAP residence permit, runs for an initial 30 years and can be extended and renewed to 80 years in total. It is also the standard route for foreigners buying strata-title apartments.
Do I need a PT PMA to rent out my Bali property?
Not necessarily. Many owners lease a property and let it through a licensed management operator, with rental income taxed under Indonesia's final withholding rules. A PT PMA becomes relevant when you are operating rentals as a genuine business at scale, holding multiple units or seeking business licensing in your own structure.
What is the minimum investment for a PT PMA?
Capital requirements for foreign-owned companies are set by regulation and have been subject to change, so any fixed figure you read may already be out of date. Confirm the current minimum capital and paid-up requirements with a licensed corporate adviser or notaris before planning this route.
Can I switch structures after buying?
Sometimes, but it is neither automatic nor free. Moving from leasehold to Hak Pakai, for example, requires the landowner's cooperation, a qualifying residence permit and fresh deeds, plus taxes and fees on the new arrangement. It is cheaper to choose the right structure before you sign than to restructure afterwards.
Sources
- Basic Agrarian Law No. 5 of 1960 (Undang-Undang Pokok Agraria), Republic of Indonesia
- Indonesian land regulations on Hak Pakai and Hak Guna Bangunan durations
- PwC, Indonesia Tax Summaries (individual and corporate), 2026
- BPS Bali (Badan Pusat Statistik Provinsi Bali), foreign arrivals data for 2024 and 2025
- Directorate General of Immigration, evisa.imigrasi.go.id, E33 Second Home Visa provisions, 2026
