Abstract
Based on Article 13 paragraph (1) of Qanun Number 3
of 2023 concerning County Taxes and County Levies, the basis for imposing BPHTB
(Land and Building Acquisition Tax) is the Value of the Acquisition of Tax
Objects. The calculation of BPHTB in Aceh Besar Regency still lacks legal
certainty regarding the amount of BPHTB that must be paid by taxpayers. This is
not based on existing regulations but is still awaiting the results of field
verification conducted by the Aceh Besar Regional Financial Management Agency,
and the final provisions will be based on the calculation results from the
location of the property.
This research discusses the determination of the
land and building acquisition duty (BPHTB) by the Government of Aceh Besar
Regency regarding land and building sale transactions. Additionally, the study
examines the benchmarks used to determine the amount of Land and Building
Acquisition Duty in Aceh Besar Regency.
The
research method used is juridical-empirical, with a qualitative approach.
Primary data is obtained through interviews with officials from the Aceh Besar
District Financial Management Agency, while secondary data is sourced from
legislation, literature, and related documents. Data analysis is conducted
descriptively and analytically to provide a comprehensive overview of the
studied issues.
The
research findings indicate a discrepancy in the collection of the Land and
Building Acquisition Duty (BPHTB) in Aceh Besar. When a sale occurs with a
transaction value below the market price, the transaction value is determined
based on the market price by the BPKD officials. However, according to Law No.
28 of 2009 and Aceh Besar Qanun No. 3 of 2023, it should refer to the Selling
Value of Tax Objects (NJOP) and the benchmark for the Land and Building Acquisition
Duty (BPHTB) in Aceh Besar as stipulated in Qanun No. 3 of 2023, sets the BPHTB
at 5% of the transaction value for the acquisition of land and buildings
through sales.
To enhance legal certainty and public trust, it is recommended that the
verification of tax object data, open complaint channels, and regular
evaluations be strengthened, which are essential for the transparency and
accountability of BPHTB implementation. Intensive socialization regarding BPHTB
regulations, rates, and reduction mechanisms for low-income communities is also
necessary. An online system should facilitate registration and access to
tax-related information.