Taxes contribute more than 80% of annual state revenue, this clearly shows the main function of taxes is budgetary.[1] However, in various public policies, taxes are also used as a control instrument that puts forward the regulatory function. One of tax policy directed as a tool of social engineering is tax incentives, as in theory also called tax expenditure. [2] OECD defined tax incentives as special exclusions, exemptions, deductions or credits that provide special credits a preferential tax treatment or deferral of tax liability. [3] Although there is no juridical definition of tax incentives, this fiscal Abstract. Tax incentives are used as spatial planning controllers when a person or a legal entity could utilize a space according to the plan by the Regional Government. The norm conflict occurs when the national strategic project gets the opportunity to receive fiscal incentives in the form of tariff adjustments despite there being an absent Regional Regulation that justifies its utilization. These incentives can be given even if the national strategic project is not in accordance with regional spatial planning, as long Central Government issues a recommendation for spatial planning suitability. So it is necessary to conduct a study to determine the preferences of tax incentive policies that are used when there is a conflict of norms. As well as initiating incentive policies that balance the interests of controlling spatial planning and ease of doing business. To answer these legal problems, normative legal research is used with a conceptual and statutory approach. Based on the theory of legal preferences, lex specialist derogate legi generali, tax incentives can still be given to facilitate national strategic projects based on Law Number 1 of 2022 and its technical regulations. However, in order to maintain spatial utilization and environmental protection, the theory of tax regulation and the theory of the polluter pays principle needs to be applied in order to provide ideal notion, where not all types of regional taxes, specifically regional environmental taxes, should exclude as incentives object. Furthermore, it's necessary to regulate specific tax and retribution as incentive object such as land and building tax, acquisition fees on land and buildings, certain goods and services tax, and certain permit retribution.