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Facilities and Incentives of Indonesian Income Tax

FOREWORD BY THE DIRECTOR GENERAL OF TAXES


Facilities and Incentives of Indonesian Income Tax
2nd Edition - 2013

Assalamu’alaikum Wr. Wb.


Investment is a factor shaping the success of economic
development and distribution especially in the global context.
In line with this, to attract investors to Indonesia, Government
strives to create, maintain, and improve the investment
climate. It does this by facilitating licensing, providing legal
certainty, with better and comprehensive infrastructure and
fiscal policy.
Nowadays, to support investment in the field of fiscal
policy, Indonesia and many countries are making efforts to
create a conducive tax system that is not only simplified but
also provides tax incentives and competitive tax rates for
investors. One concrete step taken by The Directorate
General of Taxes is the development and implementation of a
set of policies that support ease of taxation through tax
facilities and incentives as stipulated in the Income Tax Law
and its implementing regulation.
Provision of facilities and incentives of income tax is
expected to increase investor interest and investment levels
which in turn, should provide a range of multiplier effects on
the national economy. This should also enhance confidence
levels of international trust to create stronger economic ties in
Indonesia. These conditions will be valuable catalysts
acknowledging that Indonesia has an inherent solid base for
the development of investment, namely comparative
advantages in the form of abundant natural resources and
availability of human resources significant in quantity and
quality.

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Facilities and Incentives of Indonesian Income Tax

The book in your hands is a revision of the previous


edition. It contains a number of additions, such as the
provision concerning Simplification of Calculation of Income
and the provision concerning Reduction of Income Tax
Instalment of Article 25. With these improvements, this book
provides a more complete guide to help tax officials in
carrying out their duties as well as for taxpayers, especially
investors and prospective investors to utilize and enjoy the
facilities and incentives of Indonesian Income Tax. Hopefully
this book, which is a commitment from Directorate General of
Taxation, will be beneficial in supporting the stability and
growth of investment in Indonesia.
Finally, I would like to express my gratitude to Almighty
God for providing this opportunity and my appreciation to all
parties who have contributed in the preparation of this book.
May the Almighty God continue to strengthen our spirit and
togetherness in our effort to build a better Indonesian
economy.

Jakarta,
Director General of Taxes

A. Fuad Rahmany
NIP 195411111981121001

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Facilities and Incentives of Indonesian Income Tax

PREFACE BY THE DIRECTOR OF TAX REGULATIONS II


Facilities and Incentives of Indonesian Income Tax
2nd Edition - 2013

Praise the Almighty God and by His grace Directorate


General of Taxes is finally be able to make available, this 2nd
edition of the book Facilities and Incentives of Indonesian
Income Tax.
With recent developments of economic and business
activity, there has been need to update the provisions
concerning incentives and facilities of Income Tax, so that
principles of equal treatment of taxpayers can be applied.
These changes are designed to create harmony and synergy
between administration of tax laws and developments in the
business world.
This Second Edition book provides updates of fiscal
policies presented in the first edition as well new policies
additions, such as Simplifications of Calculation of Income Tax
on Income from Business with Certain Gross Income and
Reduction of Income Tax Instalment of Article 25.
In our effort to improve stakeholders’ awareness of
Facilities and Incentives of Indonesia Income Tax, this book
continues in a format that we hope is simple, communicative,
and easy to understand without diminishing the substance of
the information. We expect this book to provide assistance as
concise guidance for the employees of the Directorate
General of Taxes in performing their duties, while also as a
reference for taxpayers, investors, and prospective investors
who are eager to invest in Indonesia, with all conveniences
this country provides.
Lastly, I would like to say thank you and convey my
sincere appreciation to all who have contributed in the

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Facilities and Incentives of Indonesian Income Tax

preparation of this book, especially to the Director General of


Taxes, who is pleased to provide a Foreword and for my
beloved colleagues in the Directorate of Tax Regulation II, in
particular Sub-Directorate of Corporate Income Tax, who
have prepared and completed this book. Hopefully all of our
effort, hard work, and contribution will be beneficial in building
a better Indonesia.

Jakarta,
Director of Tax Regulations II

P.M. John L. Hutagaol


NIP 19651127 198910 1 001

iv
Facilities and Incentives of Indonesian Income Tax

FOREWORD BY THE DIRECTOR GENERAL OF TAXES


1st Edition - 2012

There are various ways taken by a country to attract investment


that is necessarily needed to gear economic growth. Easiness of
business permit, legal certainty, infrastructure availability, and fiscal
policy are often considered as critical factors for investors to
decide their investment destination.
Fiscal policy transformed into a set of pro-investment tax laws and
regulations is regarded as a potential instrument to encourage
investors. It is because high tax rates may reduce economical
capability of investors and to some extent, it may cause
prospective investors to choose another country to invest, and
therefore, the expected multiplier of the investment might be
missed.
Relating to that, Indonesia as similar as any other countries, is
continuously improving her tax rate to be more attractive and
competitive. One of the examples of this consistent effort is the
reduction of Corporate Income Tax rate, which is now at 25% from
the previous rate at 28%. Such reduction is stipulated in Article 17
paragraph 2a of the Income Tax Law.
In addition to the corporate income tax rate reduction, Indonesia
also offers various tax facilities, namely Corporate Income Tax rate
reduction for listed companies, Tax Holiday, Investment Allowance,
and other facilities. These facilities are all stipulated in the Income
Tax Law and/or its implementing regulations.
It is our hope that the tax facilities and incentives offered will spur
the investment activities in Indonesia even further. This due to many
exciting facts such as the upgrades of Indonesian credit ratings,
outstanding performance of Indonesian Stock Exchange, and the
fact that Indonesia is one of few countries that was able to
maintain positive economic growth despite the massive global
economic crisis in 2008.

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Facilities and Incentives of Indonesian Income Tax

Apart from various tax facilities available and her excellent


performance aforementioned, Indonesia’s unique characteristics
also offer various advantages for sustainable investments.
Indonesia’s geographical situation as the greatest archipelago in
the world, surrounded by two oceans, blessed with abundant
natural resources, provides its own comparative advantages. The
potentials of natural gas, geothermal, and other renewable energy
resources, as well as fishery, tourism, are just few among many
sectors that may be chosen as investment destination.
From the competitive advantage perspectives, Indonesia as a
country with 240-million population and significant growth of
middle class is undoubtedly a promising market. Such socio-
demographical condition also provides sustained availability of
professional and skilled manpower for manufacturing or high-tech
industries.
This book in your hand attempts to provide information regarding
tax facilities and incentives in Indonesia, and it is our hope that it
may guide taxpayers, especially investors and prospective investors
who seek to invest in Indonesia with all the benefits she provides.
Finally, my sincere gratitude and appreciation are for all parties
who contribute to this book. Keep up the spirit and let us continue
the hard work for our beloved country. For taxpayers and investors,
I would like to thank you for your contribution for the development
of our nation and may your investment in Indonesia be prosperous
and sustained for a long time.

Jakarta, February 2012


Director General of Taxes

A. Fuad Rahmany
NIP 195411111981121001

vi
Facilities and Incentives of Indonesian Income Tax

PREFACE BY THE DIRECTOR OF TAX REGULATIONS II


1st Edition - 2012

Tax Incentives and facilities are often considered as one of many


efforts opted by various countries in order to attract investors,
especially those who bring investments with significant multiplier
effect to the national economy. Such investments are expected to
deliver new technology, to gear undeveloped sectors, as well as
certain sectors and certain regions of national priority, to provide
jobs, and eventually, to contribute in increasing national income
and national self-reliance.

In principle, incentives and facilities are dynamic in nature,


because they should be hand in hand with development of
national economy, regional economy, and also the continuously
changing global economy. Nevertheless, one of the principles to
be upheld in formulizing and implementing incentives and facilities
of taxation is that of equality in treatment for all taxpayers or all
cases of taxation, which is the same as holding firmly to the valid
law. Therefore, each incentive must be guided by the above
principle and requires overseeing to ensure there is no divergence
in its application from the meaning and purpose for which the
incentives are granted.

Unfortunately, it becomes our concern that there are still many


investors uninformed of various facilities and incentives provided in
Indonesia, perhaps due to the dynamic and evolving nature of the
regulation on which the incentives and facilities based. Therefore,
this book is one of many synergic and comprehensive efforts taken
by Directorate General of Taxes to encourage taxpayers, investors,
and potential investors to comprehend and eventually to take the
advantage of the facilities and incentives provided in Indonesia.

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Facilities and Incentives of Indonesian Income Tax

This book is designed with simple layout as our intention to make


this book to be your easy-to-read reference concerning incentives
and facilities of taxation in Indonesia. Each of facilities and
incentives is detailed further regarding the background, the form of
the incentives/facilities provided, the eligible Taxpayers, and also
the procedures to obtain the facilities or incentives.

Finally it is my honour to express my appreciation to everyone in


DGT, especially for Director General of Taxes who was willing to
deliver his foreword. In addition, I would like to express my very
sincere gratitude for all of my fellow-workers in Directorate Tax
Regulation II, particularly the Division of Corporate Income Tax who
have put their dedication to make this book possible. Hopefully
each and every effort we have made shall be beneficial for better
Indonesia.

Jakarta, February 2012


Director of Tax Regulations II

A. Sjarifuddin Alsah
NIP 060044664

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Facilities and Incentives of Indonesian Income Tax

TABLE OF CONTENTS

NO TITLE PAGE

Preface By The Director General Of Taxes – 2nd Edition i

Preface By The Director Of Tax Regulations II – 2nd


iii
Edition

Preface By The Director General Of Taxes v

Preface By The Director Of Tax Regulations II vii

Table Of Contents ix

A. INCOME TAX

A-1 Tax Holiday 1

Tax Allowance for Investment in Certain Business Sectors


A-2 5
and/or Certain Regions

A-3 Special Economic Zone (SEZ) 9

Facilities for
A-4 10
Renewable Energy Resources Utilization

Simplification of Calculation of Income Tax on Income


A-5 13
from Business With Certain Gross Income

A-6 Income Tax Reduction for Public Listed Company 15

50% Income Tax Reduction for Resident


A-7 17
Corporate Taxpayers

A-8 Reduction of Income Tax Instalment of Article 25 19

Reduction of Income Tax Article 25 and/ or


A-9 Postponement of Income Tax Article 29 Payment for 21
Taxpayer in Certain Industries

Exemption from Income Tax Object on Aid , Gifts, And


A-10 24
Donation

Exemption from Taxable Object on Aid/Compensation


A-11 26
Paid by Social Security Agency

Exemption from Taxable Object on Zakat and other


A-12 28
Compulsory Religious Donationes

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Facilities and Incentives of Indonesian Income Tax

NO TITLE PAGE

Exemption from Income Tax Object


A-13 30
on Surplus of Non-profit Organization

A-14 Exemption from Taxable Object on Scholarship 32

Exemption from Income Tax Object on Pension Fund


A-15 34
Income

Exemption from Income Tax Object on Gain Derived


A-16 37
From Discharged of Small Debtor Indebtedness

Deduction of Formation or Accumulation


A-17 39
of Reserves

A-18 Deduction of Uncollectible Debt as Tax Deductible 41

Zakat and other Compulsory Religious Donationes as Tax


A-19 43
Deductible

A-20 Deduction of Donation or Social Cost 46

A-21 Deduction of Benefit-In-Kinds for Employees 48

Deduction of Expenditures on Cellular Phone and


A-22 50
Company’s Vehicle

A-23 Facilities for Business Merger or Spin-Off 52

A-24 Facilities For Fixed Asset Revaluation 54

The Suspension of Depreciation


A-25 for The Acquisition Cost of Tangible Assets 57
of Certain Business Sectors

Facilities for Income from Transfer


A-26 of Property/Collateral in the form of Land 59
and/or Building for certain Taxpayers

Facilities for Interest Income from Non-Performing Loans


A-27 61
Received or Accrued by Banks

Facilities for Gains from Debt Discharge


A-28 63
Received or Accrued by Certain Debtors

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Facilities and Incentives of Indonesian Income Tax

NO TITLE PAGE

Exclusion from Income Tax Subject


A-29 65
for International Organization

A-30 Facilities for Foreign Grants and Loans 68

Facilities for Donation on


A-31 70
National Disaster Relief in NAD and North Sumatera

Incentives for Donation for Natural Disaster Relief in


A-32 73
NAD and Nias Island North Sumatera

Incentives for Donation for Earthquake Relief


A-33 in DIY and Central Java, and Tsunami in South Coast of 75
Java Island

A-34 Exclusion from Lodging Tax Return 77

A-35 The Increase of Personal Exemptions 79

B. ART 21 INCOME TAX

Income Tax Art 21 Borne By Government


B-1 for State Officials, Civil Servants, 81
Members of The Armed Forces, And Retirees

Lower Rate or Final of Withholding Tax on Certain


B-2 83
Income Received by Retirees or Dismissed Workers

Exemption form Withholding Tax on Certain Income


B-3 85
Received by Daily/Weekly/Temporary Wokers

Exclusion for International Organization


B-4 87
to Withhold Income Tax Article 21/26

C. ART 22/23/26 INCOME TAX

Exemption from Withholding Tax on Certain Import or


C-1 89
Business Activities In Other Sectors

Exemption from Withholding Tax


C-2 94
on Income after Tax of Permanent Establishment

Exemption from Withholding Tax on Deposits and Savings


C-3 96
Interest, and Central Bank Certificate Discount

xi
Facilities and Incentives of Indonesian Income Tax

NO TITLE PAGE

Exemption from Withholding Tax on Interest and/or


C-4 98
Discount Received from Bond

C-5 Exemption from Withholding Tax by Third Party 100

Exemption from Withholding Tax for Taxpayers with


C-6 102
Certain Gross Income

TERMS AND ABBREVIATIONS 105

xii
Facilities and Incentives of Indonesian Income Tax

A-1. Tax Holiday

Capital investment has an important role in gearing sustainable


national economic growth as well as increasing national
technological ability and capacity.

To stimulate capital investment in Indonesia, the Government of


the Republic of Indonesia through its fiscal policy provides tax
facilities in form of tax holiday for pioneer industry that is more
attractively offered than that of other countries.

Eligible Taxpayer

Corporate Taxpayer that is newly established or established in


Indonesia in a period of no more than 12 (twelve) months
before the August 15th 2011, with below prerequisites:
a. The Taxpayer conducts business that is included in the
scope of pioneer industries, i.e. : basic metal industries, oil
refinery and/or oil and gas sourced basic organic
chemical, machinery, renewable resources industries,
and/or communication equipment;
b. The Taxpayer has minimum investment of 1 trillion IDR;
c. The Taxpayer deposits a fund at minimum 10% of the
amount of investment plan in Indonesian Banks.

In consideration of national industry competitiveness and


strategic value of a certain industry, the Minister of
Finance (Mof) may provide the facility for other than
aforementioned pioneer industries;

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Facilities and Incentives of Indonesian Income Tax

Tax Facility

- Corporate Income Tax Exemption (tax holiday) for 5 up to


10 years, started from initial commercial production.
- 50% Corporate Income Tax reduction for 2 years after tax
holiday period ended.
- In consideration of national industry competitiveness and
strategic value of a certain industry, the MoF may grant
the facilities in an extended period.

Procedure

- Taxpayer’s application shall be submitted to the Minister of


Industry or The Head of the Investment Coordinating Board
(Badan Koordinasi Penanaman Modal/BKPM) to be
examined regarding:
a. availability of infrastructure in the investment location;
b. absorption of domestic manpower;
c. fulfilment of pioneer industry criteria;
d. a clear and concise plan of transfer of technology;
e. availability of tax-sparing provision in the domicile
country.
- Based on the examination, the application will be
forwarded to the Mof.
- Should the request be approved, the MoF will issue the MoF
Decree concerning approval of tax holiday facility.

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Facilities and Incentives of Indonesian Income Tax

Taxpayer’s Obligation

- The entitled Taxpayer is obliged to submit periodical reports


to the DGT and the Committee of Verification concerning:
a. quarterly report of fund usage attached with current
bank account; and
b. annual audited and quarterly unaudited report of
capital investment realization.

Facility Utilization

- The entitled Taxpayer may utilize tax holiday facility,


provided that:
a. the Taxpayer has fully realized the investment plan;
b. the Taxpayer has initiated commercial production.

- For the initial commercial production status to be


recognized, the entitled Taxpayer shall submit an
application to DGT with the following attachments:
a. copy of articles of establishment of the company;
b. copy of the MoF Decree concerning approval of tax
holiday facility;
c. recent three years audited financial statements;
d. a power of attorney if the applicant is represented by
another party; and
e. documents related to sold products (e.g.: commercial
and tax invoices, and proof of delivery of the sold
products).

3
Facilities and Incentives of Indonesian Income Tax

Reference

- Government Regulation No. 94 of 2010


- MoF Regulation No. 130/PMK.011/2011
- DGT Regulation No. PER-44/PJ/2011
- DGT Regulation No. PER-45/PJ/2011

4
Facilities and Incentives of Indonesian Income Tax

A-2. Tax Allowance for Investment in Certain Business


Sectors and/or Certain Regions

In order to increase direct investment for promoting the growth of


national economy, as well as equality and acceleration of
development, it is necessary to provide income tax incentives for
Taxpayers who are doing business in certain industries and/or
certain regions.

Eligible Taxpayer

- Corporate Taxpayer in form of corporation or cooperative


who invests in:
a. 52 business sectors as stipulated in Attachment I; or
b. 77 business sectors in certain regions as stipulated in
Attachment II
of Government Regulation No. 52 of 2011.
- Above mentioned Taxpayer also includes Taxpayer who
has obtained investment permit license before the
effective date of the Government Regulation (GR) No. 52
of 2011, provided that:
a. The Taxpayer has minimum investment plan of 1 trillion
IDR; and
b. The Taxpayer has not commercially operated before
the effective date of the Government Regulation No. 52
of 2011.

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Facilities and Incentives of Indonesian Income Tax

Tax Facility

- Investment allowance at 30% of the total investment,


charged for 6 years for 5% annually;
- Accelerated depreciation and amortization;
- Income tax for dividend paid to non-resident shall be 10%,
or as lower appliable tax treaty rate
- Loss compensation for 5 years up to 10 years, depending
on the following conditions:
a. the investment is conducted in industrial estate or
bonded zone;
b. it hires at least 500 Indonesian workers for 5 consecutive
years;
c. expense of economic and social infrastructure in the
investment location amounts at least 10 billion IDR;
d. domestic R&D expense amounts at least 5% of total
investment during 5 year period; and/or
e. it utilizes domestic raw materials/components at least
70% since the 4th year.

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Facilities and Incentives of Indonesian Income Tax

Procedure

- Taxpayer’s application shall be submitted to The Head of


BKPM, and it will be proposed by The Head of BKPM to the
MoF through DGT with the following attachments:
a. copy of Taxpayer Identification Number (TIN) (Nomor
Pokok Wajib Pajak / NPWP);
b. copy of Taxpayer’s proposal to The Head of BKPM;
c. permit/license of new investment or additional
investment issued by The Head of BKPM or other
authorized institution in accordance with applicable law;
d. details of type and value of investment; and
e. for Taxpayers who hold permit/license of new investment
or additional investment issued before Government
Regulation No. 52 of 2011 enter into force, shall attach
declaration letter from The Head of BKPM that states
Taxpayers not yet in commercial operation.
- The proposal received by the DGT from The Head of BKPM
will be further examined and the decree concerning the
facility entitlement/rejection will be published at most 10
days after the proposal completely received.

Utilization

The facility may be utilized after the Taxpayer realizing 80% of


the investment plan. This provision is not applied to the
Taxpayers who are already granted with the facility based on
the Government Regulation No. 1 of 2007 and Government
Regulation No. 62 of 2008.

7
Facilities and Incentives of Indonesian Income Tax

Reference

- Article 31A of Income Tax Law


- Government Regulation No. 1 of 2007 a.l.a.w
Government Regulation No. 52 of 2011
- MoF Regulation No. 16/PMK.03/2007 a.l.a.w MoF
Regulation No. 144/PMK.11/2012
- DGT Regulation No. PER-67/PJ./2007 a.l.a.w DGT
Regulation No. PER-41/PJ./2013
- DGT Circulation Letter No. SE-16/PJ/2007

8
Facilities and Incentives of Indonesian Income Tax

A-3. Special Economic Zone (SEZ)

In order to accelerate economic development in certain regions


that are strategically important in increasing overall national
economy growth, it is necessary to provide tax incentives to
support development in Special Economic Zone.

Eligible Taxpayer

Taxpayer whose business located in Special Economic Zone

Tax Facility

- Income tax facility;


- Additional income tax facilities can be given in regard to
special characteristics of the zone;
- Importing goods to SEZ may be granted a facility income
tax on which will not be withheld.

Reference

- Law No. 39 of 2009


- Government Regulation No. 2 of 2011
- Government Regulation No. 26 of 2012
- Government Regulation No. 29 of 2012
-

9
Facilities and Incentives of Indonesian Income Tax

A-4. Facilities for


Renewable Energy Resources Utilization

The depletion of fossil-based energy reserves requires innovation


to ensure sustainable energy supplies. Indonesia has real potential
to utilize renewable energy, such as geothermal, wind, bio-
energy, solar energy, water flow and other hydro powers.
Therefore, tax incentive is necessary to support utilization of
renewable energy resources that requires high-technology
investment and bears high risk.

Eligible Taxpayer

Taxpayer who conducts activities on renewable energy


resources utilization

10
Facilities and Incentives of Indonesian Income Tax

Tax Facility

- Investment allowance at 30% of total investment, for


period of 6 years;
- Accelerated depreciation and amortization;
- Withholding tax rate on dividends paid to non-resident at
10%, or at lower applicable tax treaty rate.
- Extended carried forward loss period from 5 years up to 10
years, depending on the following conditions:
a. the investment is located in industrial or bonded zone;
b. employs at least 500 Indonesian manpower during 5
consecutive years;
c. expense of economic and social infrastructure in the
investment location amounts at least 10 billion IDR;
d. domestic R&D expense amounts at least 5% of total
investment during 5 year period; and/or
e. utilizes domestic raw materials/components at least
70% since the 4th year.
- Exemption of withholding income tax Article 22 for import
of machinery and equipment (assembled or not
assembled), but not including spare parts.

11
Facilities and Incentives of Indonesian Income Tax

Procedure

- Taxpayer’s application shall be submitted The Head of


BKPM, and it will be proposed by The Head of BKPM to the
MoF through DGT with the following attachments:
a. Copy of Taxpayer Identification Number (TIN) (Nomor
Pokok Wajib Pajak/NPWP)
b. Permit license of new investment or additional
investment, including the details.
- The proposal received by the DGT will be further examined
and the decree concerning the facility entitlement/
rejection will be published at most 10 days after the
proposal received.

Utilization

- Facility of investment allowance may be utilized after the


Taxpayer realizes 80% of the investment plan. This provision
is not applied to the Taxpayers who are already granted
with the facility based on the Government Regulation No.
1 of 2007 and Government Regulation No. 62 of 2008.
- Facility of exemption from Income Tax Article 22 is utilized
automatically without requiring a certificate of exemption.

Reference

MoF Regulation No. 21/PMK.011/2010

12
Facilities and Incentives of Indonesian Income Tax

A-5 Simplification of Calculation of Income Tax on


Income from Business With Certain Gross Income

In order to reduce compliance cost for Taxpayers in calculating,


paying, and reporting their income tax, it is considered necessary
to simplify withholding taxation. Therefore Taxpayers who receive
income from their business with certain gross income shall
calculate their income tax in simpler manner, that is 1% of their
gross income.

Eligible Taxpayer

- Individual Taxpayers or Corporate Taxpayers, excluding


permanent establishments.
 who receive income from their business.
 who derive gross income not more than 4.8 Billion IDR
within one fiscal year.
- This provision excludes Individual Taxpayers who in
conducting their business:
 use equipment/tools/infrastructure that can be
assembled and dismantled whether it is a permanent
or not permanent means; and
 use part of or whole public interest that is not
intended as a place of business or selling
- This provision excludes Corporate Taxpayers who have
following criteria:
a. Taxpayers who have not yet entered commercial
operation stage; or
b. Taxpayers who have received gross income more
than 4.8 Billion IDR within 1 year after entering
commercial operation stage

13
Facilities and Incentives of Indonesian Income Tax

Tax Facility

A simplified formula to calculate income tax on business


income i.e. implementing final income tax that is 1% of
gross income.

Procedure

This facility is utilized by self-assessment. Therefore it is not


necessary to submit an application.

Referensi

a. Article 4 Paragraph (2) Letter e and Article 17


Paragraph (7) of Income Tax Law
b. Government Regulation No. 46 of 2013
c. MoF Regulation No. 107/PMK.011/2013
d. DGT Circulation Letter No. SE-42/PJ/2007

14
Facilities and Incentives of Indonesian Income Tax

A-6. Income Tax Reduction for Public Listed Company

In order to improve the role of capital market as the source of


business financing and to increase the number of public listed
companies and their public ownership, it is necessary to grant
income tax facilities for public listed companies.

Eligible Taxpayer

Resident corporate Taxpayer in form of public listed


company, provided that:
- A minimum of 40% of all stocks are paid and traded in
stock exchange in Indonesia;
- The stocks are owned by at least 300 parties;
- Each party is only allowed to own less than 5% of all paid
stocks;
- Aforementioned requirements should be fulfilled in a
period of at least 6 months within one fiscal year.

Tax Facility

Corporate Income tax rate reduction 5% lower than the


highest rate of resident corporate income tax rate as
stipulated in Article 17 Paragraph (1) letter b of Income Tax
Law.

15
Facilities and Incentives of Indonesian Income Tax

Procedure

This facility is utilized by self assessment when submitting annual


corporate income tax return, by enclosing:
a.Notification letter obtained from the Stock Administrative
Bureau (Biro Administrasi Efek) (form X.H.1-6), as stipulated in
the Capital Market and Financial Institution Supervisory
Agency (Badan Pengawas Pasar Modal dan Lembaga
Keuangan/Bapepam-LK) Regulation No X.H.1, for each
related taxable years;
b. The notification letter should disclose Taxpayer’s name, TIN,
fiscal year, also a declaration that aforementioned
requirements have been fulfilled in a period of at least 6
months within one fiscal year.

Reference

- Article 17 Paragraph (2b) of Income Tax Law


- Government Regulation No. 81 of 2007
- MoF Regulation No. 238/PMK.03/2008
- DGT Circulation Letter No. SE-42/PJ/2009

16
Facilities and Incentives of Indonesian Income Tax

A-7. 50% Income Tax Reduction for Resident


Corporate Taxpayers

In order to accelerate national economy growth that is supported


by small and medium enterprises, it is necessary to grant tax
incentives in the form of 50 % Corporate Income Tax reduction for
enterprises with limited business scale.

Eligible Taxpayer

- Resident corporate Taxpayer with gross income up to 50


billion IDR per year.
- Gross income in this context means income received or
accrued from business activity before deducted with
expenses to earn, to collect, and to secure income that is
generated from Indonesia or outside Indonesia, including:
a. Income imposed by final income tax;
b. Income imposed by non-final income tax;
c. Income exempted from tax object.

Tax Facility

Rate reduction 50% of Resident Corporate Income Tax rate


imposed on taxable income from the part of the gross
revenue of 4.8 billion IDR.

17
Facilities and Incentives of Indonesian Income Tax

Procedure

This facility is utilized by self-assessment when the eligible


Taxpayer is submitting annual Corporate Income Tax return.
Therefore, the eligible Taxpayer is not necessary to submit
application for this facility.

Reference

- Article 31E of Income Tax Law


- DGT Circulation Letter No. SE-66/PJ/2010

18
Facilities and Incentives of Indonesian Income Tax

A-8. Reduction of Income Tax Instalment of Article 25

Tax instalment during the current taxable year that must be paid
every month by Taxpayers, shall be equal to the tax payable
according to the tax return of the preceding year added by the
principle amount in the assessment notice of the preceding
taxable year less the Income Tax withheld as referred to in Article
21, 22, 23, and Article 24, divided by 12 or the number of months
of a fraction of the taxable year. Reduction can be applied to
the aforementioned tax instalments amount in certain
circumstances.

Eligible Taxpayer

Taxpayer who is able to demonstrate that after three months


or more of the current taxable year, its income tax will be less
than 75 percent of the income tax payable in the previous
years.

Tax Facility

Reduction of income tax instalment Article 25 in the current


taxable year

19
Facilities and Incentives of Indonesian Income Tax

Procedure

- Submit a request for tax instalment reduction to The Head


of Tax Office where Taxpayer is registered in the event of
a change in Taxpayer’s business or activities
- Submit the calculation of income tax payable based on
estimated income to be received or obtained and the
amount of income tax article 25 for the remaining months
in the current tax year.

Reference

- Article 25 Income Tax Law


- DGT Decree No. KEP-537/PJ/2000

20
Facilities and Incentives of Indonesian Income Tax

A-9. Reduction of Income Tax Article 25 and/ or


Postponement of Income Tax Article 29 Payment for
Taxpayer in Certain Industries

In order to sustain macroeconomic stability as well as to achieve


economic growth at realistic level amidst the dynamic change in
financial market and the fluctuation of rupiah exchange rate, to
improve the competitiveness of national industries both domestic
and export-oriented, and to support the government in the
creation and absorption employment, it is viewed necessary to
stipulate Income Tax Policy to relieve and to maintain liquidity of
Taxpayers in certain industry for fiscal year 2013.

Eligible Taxpayer

Taxpayer conducting business in:


a. Textile industry;
b. Apparel Industry;
c. Footwear industry;
d. Furniture industry and/or
e. Childerns’ toys industry
who received recomendation from the Minister of Industry

21
Facilities and Incentives of Indonesian Income Tax

Tax Facility

- Reduction of Income Tax Article 25 for the taxable period


September 2013 to December 2013, a maximum of:
a. 25% of Income Tax Article 25 the tax period August 2013,
for non-export oriented Taxpayer
b. 50% of Income Tax Article 25 of the tax period August
2013, for export oriented Taxpayer
- Postponement of Income Tax Article 29 payment no later
than three months

Procedure

- Reduction on Income Tax Article 25


a. Taxpayer submits a written request to The Head of Tax
Office in which they are registered no later than the
end of taxable period on which the reduction of
Income Tax Article 25 is started
b. The request shall be attached with following
documents:
1) Copy of Letter of Recomendation from Minister of
Industry
2) Copy of Tax Identification Number
3) Copy of Decision Letter of Tax Income Reduction
based on DGT Decree No KEP-537/PJ/2000 for
Taxpayer who was already received
c. The Head of Tax Office shall issue letter of approval of
Reduction of Income Tax Instalment Article 25 no later
than 5 working days.

22
Facilities and Incentives of Indonesian Income Tax

Procedure (cont’d)

- Postponement of Income Tax Article 29 Payment


a. Taxpayer submits a written request to Head of Tax Office
in which they are registered no later than 20 working
days prior the due date of income tax payment Article
29
b. The request shall be attached with following documents:
1) Copy of Letter of Recomendation from Minister of
Industry
2) Copy of Tax Identification Number
d. The Head of Tax Office shall issue Letter of Apporval of
The Postponement of Income Tax Article 29 no later
than 5 working days.

Reference

- MoF Regulation No. 124/PMK.011/2013


- Minister of Industry Regulation No 43/M-IND/PER/8/2013
- DGT Regulation No 30/PJ/2013

23
Facilities and Incentives of Indonesian Income Tax

A-10. Exemption from Income Tax Object on Aid , Gifts,


And Donation

Generally, aid, charity, and grant are considered as income tax


object for the recipients. However in certain cases, for the purpose
of harmonizing with existing norms in the society, aid, charity, and
grant are exempted from taxable object.

Eligible Taxpayer

Parties as follows:
a. family member i.e. parents and children;
b. religious organizations;
c. educational organizations;
d. certain non-profit organizations; or
e. individuals conducting micro or small business with certain
criteria
who receive the aid, charity, and grant.

24
Facilities and Incentives of Indonesian Income Tax

Tax Facility

Aid, charity, and grant received are exempted from


taxable object.

Procedure

This facility is utilized by self-assessment. Therefore it is not


necessary to submit an application.

Reference

- Article 4 Paragraph (1) Letter d Number 4 of Income Tax


Law
- Article 4 Paragraph (3) Letter a Number 2 of Income Tax
Law
- Article 8 of Government Regulation No. 94 of 2010
- MoF Regulation No. 245/PMK.03/2008
-

25
Facilities and Incentives of Indonesian Income Tax

A-11. Exemption from Taxable Object on


Aid/Compensation Paid by Social Security Agency

In order to help Taxpayers living under poverty line or having


accident or experiencing natural disasters, it is necessary to
provide tax incentives in the form of exemption from taxable
object on aid or compensation that are paid by Social Security
Agency.

Eligible Taxpayer

Taxpayer receiving aid/compensation paid by:


- Social Security Workers (Persero Jaminan Sosial Tenaga Kerja
/JAMSOSTEK);
- Civil Servants Pension Fund (Persero Tabungan dan
Asuransi Pegawai Negeri / TASPEN);
- Social Insurances of the Armed Forces of the Republic of
Indonesia (Persero Asuransi Sosial Angkatan Bersenjata
Republik Indonesia / ASABRI);
- Health Insurance (Persero Asuransi Kesehatan Indonesia
/ASKES);
- Other social security agencies not mentioned above.

26
Facilities and Incentives of Indonesian Income Tax

Tax Facility

Aid/compensation given to Taxpayers and/or society who


are:
a. living under poverty line according to data and criteria
supplied by National Statistic Agency (Biro Pusat Statistik
/BPS);
b. experiencing life threatening natural disaster;
c. having unpredictable and dangerous or life threatening
accident
are exempted from taxable object.

Procedure

This facility is utilized by self-assessment. Therefore, it is not


necessary to submit an application.

Reference

- Article 4 Paragraph (3) Letter n of Income Tax Law

- MoF Regulation No. 247/PMK.03/2008

27
Facilities and Incentives of Indonesian Income Tax

A-12. Exemption from Taxable Object on Zakat and


other Compulsory Religious Donations

In principle any increase in economic capacity received by or


accrued by a Taxpayer from Indonesia as well as from offshore,
which may be utilized for consumption or increasing the
Taxpayer’s wealth, in whatever name and from is taxable object.

However, to increase faith and piety of Indonesian people as well


as to provide equal treatment for every religion in Indonesia, zakat
(Islamic charity) and religious donations that are compulsory for
recognized religions in Indonesia, are excluded as income tax
object.

Eligible Taxpayer

a. amil zakat board (Badan Amil Zakat/BAZ) or other amil


zakat institutions (Lembaga Amil Zakat/LAZ) or religious
institutions established or approved by the Government
and approved by the Government; and
b. eligible zakat recipients or compulsory religious donation
provided that the aforementioned parties have no business.
employment, ownership nor control relationship

Tax Facility

Zakat and other Compulsory Religious Donations are


excluded as income tax object

28
Facilities and Incentives of Indonesian Income Tax

Procedure

This facility is utilized by self-assessment. Therefore it is not


necessary to submit application for this facility.

Reference

- Article 4 Paragraph (3) Letter a number 1 of Income Tax


Law
- Government Regulation No. 18 of 2009

29
Facilities and Incentives of Indonesian Income Tax

A-13. Exemption from Income Tax Object


on Surplus of Non-profit Organization

Adequate facilities and infrastructures in education, research and


development are important elements to improve human
resources quality. The Government supports the program by
providing tax facility in the form of exemption of the surplus of non-
profit organization from taxable object.

Eligible Taxpayer

Non-profit organization in education and/or R&D registered


at the authorized institutions that reinvest their surplus in form
of infrastructure, as follows:
a. buildings and education, R&D infrastructures, including
land acquisition;
b. office, laboratory, and library infrastructure;
c. student dormitory, official residence for teacher, lecturer
or staff and sport facilities which are located in the
complex of formal education institution.
The surplus in this context shall mean all taxable objects
other than income already separately taxed (final or
deemed profit), subtracted by operational and daily
expenses incurred by non-profit organization.

30
Facilities and Incentives of Indonesian Income Tax

Tax Facility

Reinvested surplus in form of infrastructures is exempted from


taxable object for 4 years since the surplus is accrued.

Procedure

- Taxpayer should submit notification letter to The Head of


Tax Service Office where the Taxpayer is registered
concerning:
a. physical development plan, and
b. cost of infrastructure or development procurement
plan.
- The notice shall be submitted with the Annual Income Tax
Return for taxable year in which the surplus is accrued or at
the latest before the development is started, no later than
4 years since the surplus is accrued;
- The copy of the notice is also to be submitted to authorized
institution.

Reference

- Article 4 Paragraph (3) Letter m of Income Tax Law


- MoF Regulation No. 80/PMK.03/2009
- DGT Regulation No. PER-44/PJ/2009

31
Facilities and Incentives of Indonesian Income Tax

A-14. Exemption from Taxable Object on Scholarship

To optimize the benefit of scholarship received by Indonesian


citizens to have formal and/or non-formal education in domestic
or abroad, it is necessary to grant fiscal incentive to support
capacity building of Indonesian people by exempting certain
scholarship from taxable object.

Eligible Taxpayer

Indonesian citizen who receives scholarship provided that:


- the scholarship is for formal and/or non-formal education in
domestic or abroad;
- the recipient is not related to the owner, shareholder,
director, or management board of the scholarship provider;
- the scholarship components in this context comprise of
tuition fee, examination fee, research allowance, book
allowance and/or living cost.

Tax Facility

Scholarship is exempted from taxable object.

32
Facilities and Incentives of Indonesian Income Tax

Procedure

This facility is utilized by self-assessment. Therefore it is not


necessary to submit application for this facility.

Reference

- Article 4 Paragraph (3) Letter l of Income Tax Law


- MoF Regulation No. 246/PMK.03/2008 a.l.a.w
MoF Regulation No. 154/PMK.03/2009

33
Facilities and Incentives of Indonesian Income Tax

A-15. Exemption from Income Tax Object


on Pension Fund Income

Capital investment conducted by pension fund is aimed for


expansion and repayment to pension recipients in the future.
Therefore, the investment is necessary to be directed to non-
speculative and/or non-high risk investment. Based on that,
income of pension fund invested in certain sectors are exempted
from taxable object.

Eligible Taxpayer

Pension fund incorporated under MoF approval.

Tax Facility

Exemption from taxable object of certain income received


or accrued by pension fund, as follows:
a. interest, discount, revenue from deposit, certificate of
deposit, and saving in bank in Indonesia, and Bank
Indonesia Certificate (Sertifikat Bank Indonesia/SBI);
b. interest, discount, revenue from bonds, sharia bonds
(sukuk), Government Sharia Bonds, Government Bonds
listed on stock exchange in Indonesia; or
c. dividend received from companies listed on stock
exchange in Indonesia.

34
Facilities and Incentives of Indonesian Income Tax

Procedure

- To be exempted from income tax withholding on deposit,


savings, and Bank Indonesia Certificate, Taxpayer should
submit an application for Certificate of Exemption (Surat
Keterangan Bebas/SKB) to The Head of Tax Office in which
the Taxpayer is registered with following attachments:
a. Copy of Minister of Finance Decree (KMK) concerning
Establishment of Pension Fund
b. Copy of Balance Sheet
c. Copy of Income Statement Report
d. Copy of Cash Flow Report
e. Copy of Investment report
f. List of certificate/slips/deposits, savings, and Certificate
of Bank Indonesia
- Head of Tax Office shall respond the application at the
latest 7 business days after receiving the application.
Otherwise, the application is granted and Head of Tax
Office has to issue SKB in the next 3 business days;
- Effective period of SKB starts from Jannuari 1st to December
31st. Should the request of SKB be received after January
1st, the SKB shall be effective since the date of the
complete request is received to December 31st.
- Pension Fund granted with SKB is obliged to submit its
investment report every semester at the latest on July 31st
for the first semester and January 31st for the second
semester.

35
Facilities and Incentives of Indonesian Income Tax

Reference

- Article 4 Paragraph (3) Letter h of Income Tax Law


- MoF Decree No. 51/KMK.04/2001
- MoF Regulation No. 234/PMK.03/2009
- DGT Regulation No. PER-01/PJ/2010

36
Facilities and Incentives of Indonesian Income Tax

A-16. Exemption from Income Tax Object on Gain


Derived From Discharged of Small Debtor Indebtedness

In principle, discharge of indebtedness is classified as income for


the debtor and as expense for the creditor. However, the
Government regulates that the discharged of small debtor
indebtedness such as loan for low income family, farmer business
loan, loan for very small housing, loan for debtors of small
enterprise, and other small loans with certain limit are exempted
from taxable object.

Eligible Taxpayer

Loan of small debtors is business debt in the amount less


than 350.000.000 IDR (three hundred and fifty million
rupiah), including:
a. Loan for low income family (Kredit Usaha Keluarga
Prasejahtera/Kukesra);
b. Farmer Business Loan (Kredit Usaha Tani/KUT);
c. Loan for very small housing (Kredit Pemilikan Rumah
Sangat Sederhana/KPRSS);
d. Loan for debtors of small enterprise (Kredit Usaha
Kecil/KUK);
e. Other small loans according to the Bank Indonesia
credit policy related to support the small enterprise and
cooperative.

37
Facilities and Incentives of Indonesian Income Tax

Tax Facility

Gain derived from indebtedness discharge of small debtor is


exempted from taxable object.

Procedure

This facility is utilized by self-assessment. Therefore it is not


necessary to submit an application.

Reference

- Article 4 Paragraph (1) of Income Tax Law


- Government Regulation No. 130 of 2000

38
Facilities and Incentives of Indonesian Income Tax

A-17. Deduction of Formation or Accumulation


of Reserves

Generally, formation or accumulation of reserve funds may not be


deducted from gross income. Nevertheless, Taxpayers with certain
business activities are allowed to set up a reserve fund. The terms
and condition shall be further stipulated based on the Ministry of
Finance Regulation.

Eligible Taxpayer

- Bank and other business, which conduct business as a


creditor, financial lease company, consumer finance
company and factoring company;
- Other business entities which channel credit / act as
lending agency, which consist:
a. Credit union
b. PT Permodalan Nasional Madani (Persero)
c. Indonesian Exim Bank (Lembaga Pembiayaan Ekspor
Indonesia/LPEI)
d. Infrastructure financing company which provides fund
for projects on infrastructures.
e. Asset Managament Company PT Perusahaan
Pengelola Aset (PT Perusahaan Pengelola Aset / PT
PPA)
- Insurance company and Social Security Agency;
- Deposit Guarantor Institutions (Lembaga Penjamin
Simpanan / LPS);
- Mining company;
- Forestry business company; and
- Industrial waste processing business company.

39
Facilities and Incentives of Indonesian Income Tax

Tax Facility

Formation or accumulation of reserves that can be charged as


tax deductible are:
a. reserve for bad debt of a bank and other business which
conduct business as a creditor, financial lease company,
consumer finance company, and factoring company;
b. reserves in an insurance business including reserve for social
aid made by Social Security Agency;
c. guarantee reserve for Deposit Guarantor Institutions.
d. reserves for cost of reclamation in general mining,
e. reserve for cost of reforestation in forestry business;
f. reserve for closing and maintaining industrial waste site
conducted by industrial waste processing business.

Procedur

This facility is utilized by self-assessment. Therefore it is not


necessary to submit an application.

Reference

- Article 9 Paragraph (1) Letter c of Income Tax Law


- MoF Regulation No. 81/PMK.03/2009 a.l.a.w MoF
Regulation No 219/PMK.011/2012
- DGT Circulation Letter No. SE-97/PJ/2011
-

40
Facilities and Incentives of Indonesian Income Tax

A-18. Deduction of Uncollectible Debt as Tax Deductible

Generally, tax deductible expenses comprise expenditures to


earn, collect, and to secure income (mendapatkan, menagih,
memelihara/3M). Nevertheless, bad debt write-off is also tax
deductible expense, provided that the write-off meets certain
requirements.

Eligible Taxpayer

Taxpayer who writes-off bad debt provided that the write-off


meets following requirements:
a. The bad debt has been reported as expense in
commercial income statement;
b. list of the bad debts is submitted to DGT; and
c. One or some of the conditions below are performed:
- the bad debt has already been taken over by the
state court or institution authorized for government’s
receivable; or
- there is a covenant of debt relief; or
- the bad debt has been published in general or
special publisher; or
- there is a statement from debtor about the amount of
debt being relieved.

41
Facilities and Incentives of Indonesian Income Tax

Tax Facility

Bad debt write-off is tax deductible expense provided that the


write-off meets the requirements.

Procedure

When submitting annual income tax return, the Taxpayer shall


enclose:
- list of the bad debt (hard copy/soft copy) containing the
identity of the debtor i.e: name, Taxpayer Identity Number,
address, and the amount of the bad debt, and
- copy of the proof of bad debt take over by the state court
or institution authorized for government’s receivable; or
- copy of covenant of debt relief; or
- copy of publication proof from a general or special
publisher; or
- a statement from debtor about the amount of debt
relieved.

Reference

- Article 6 Paragraph (1) Letter h of Income Tax Law


- MoF Regulation No. 105/PMK.03/2009 a.l.a.w
MoF Regulation No. 57/PMK.03/2010

42
Facilities and Incentives of Indonesian Income Tax

A-19. Zakat and other Compulsory Religious Donationes


as Tax Deductible

To encourage people to fulfil their religious obligations such as


paying zakat or religious donations that are compulsory for
recognized religions in Indonesia as well as to further improve the
accountability and transparency of its use, therefore the Taxpayer
who pays zakat or religious donations through the Amil Zakat
Board or Amil Zakat Institutions or religious institution established or
approved by the Government may treat the expenses as
deductible expenses.

Eligible Taxpayer

Individual or Corporate Taxpayer who pays zakat or


compulsory religious donations to amil zakat board (Badan
Amil Zakat/BAZ) or other amil zakat institutions (Lembaga
Amil Zakat/LAZ) or religious institutions established or
approved by the Government and approved by the
Government

Tax Facility

Zakat or compulsory religious donations can be deducted


from gross income.

43
Facilities and Incentives of Indonesian Income Tax

Procedure

- Taxpayer reports in annual tax return in the taxable


year in which the zakat or compulsory donation are
paid, attached with copy of payment, e.g
a. Copy of direct payment or payment slip from bank.
b. Payment from Automatic Teller Machine
- The copy of payment shall at least contains:
a. Full name of the Taxpayer and TIN
b. The amount of the payment
c. The name of Amil Zakat Board (BAZ) or other Amil
Zakat Institutions (LAZ) or religious institutions
established or approved by the Government and
approved by the Government
d. Signature of BAZ, LAZ, or the religious institutions
officer, if the zakat or religious donation is paid
directly to the aforementioned institutions.
e. Validation of bank officers on the bank slip, if the
zakat or religious donation is paid through bank
account transfer.

44
Facilities and Incentives of Indonesian Income Tax

References

- Article 9 paragraph (1) letter g Income Tax Law


- Government Regulation No. 60 of 2010
- MoF Regulation No. 254/PMK.03/2010
- DGT Regulation No. PER-6/PJ./2011
- DGT Regulation No. PER-33/PJ./2011 a.l.a.w DGT
Regulation No. PER-15/PJ./2012

45
Facilities and Incentives of Indonesian Income Tax

A-20. Deduction of Donation or Social Cost

To endorse Taxpayers’ participation in contributing relief of


national disasters and the development of science, technology,
education, and sports, as well as to support the government in
financing social infrastructure development in Indonesia,
Taxpayers’ expenditure for such charity may be deducted from
gross income.

Eligible Taxpayer

Taxpayers who contribute:


a. charity for national disaster relief;
b. charity for R&D in Indonesia;
c. charity for educational facility;
d. charity for sports development; and
e. expenditure for social infrastructure development,
provided that:
a. The Taxpayers generated profit based on their annual
income tax of the previous fiscal year.
b. The charity/expenditure does not cause loss in the fiscal
year in which charity/expenditure contribution is
conducted.

46
Facilities and Incentives of Indonesian Income Tax

Tax Facility

Following charities/expenditures are tax deductible:


a. Charity for national disaster relief, to the disaster
management agency or authorized institutions;
b. Charity for R&D in Indonesia, to R&D institute;
c. Charity for educational facility, to educational institutions;
d. Charity for sports development, to sports development
agency;
e. Expenditure for social infrastructure development, by
building infrastructure that is intended for non-profit and
public interest,
provided that the total amount of such charity/expenditure
should not be more than 5% from previous year fiscal net
income.

Procedure

Taxpayer should enclose receipt of charity/expenditure as


stipulated in MoF Regulation No. 76/PMK.03/2011 when
submitting annual tax return.

References

- Government Regulation No. 93 of 2010


- MoF Regulation No. 76/PMK.03/2011

47
Facilities and Incentives of Indonesian Income Tax

A-21. Deduction of Benefit-In-Kinds for Employees

In general, providing consideration or compensation in the form of


benefits in kinds may not be considered as tax deductible for the
employers. Therefore, benefits in kinds received are not taxable
income for the employees. However, in order to accelerate
development in remote areas, to create safety working
environment, and to support daily works of the employees,
providing certain benefits-in-kinds may be deducted from gross
income for the employers.

Eligible Taxpayer

Taxpayer who provides certain benefits-in-kinds for the


employees.

Tax Facility

Providing certain benefits-in-kinds as follows:


a. Food and/or beverages for employees
b. Infrastructures related to work implementation, which
are not yet available in certain areas
c. necessities or equipment for the implementation of
work as means for safety work
may be deducted from the gross income of the
employers and is not taxable object for the employees

48
Facilities and Incentives of Indonesian Income Tax

Procedure

- Tax deduction of benefits-in-kinds in form of:


a. Food and beverages for the employees; and
b. necessities or equipment for the implementation of work
as means for safety work
may be utilized by self-assessment when submitting annual
income tax returns. Therefore, it is not necessary to submit
an application.

- Tax deduction of benefits-in-kinds in form of infrastructures


aforementioned, may be utilized by submitting request to
The Head of the Regional Tax Office which covers Tax
Office where the Taxpayer is registered.
Taxpayers shall fill out and enclose the forms as follow:
a. Copy of investment permit license from BKPM;
b. Copy of location map;
c. Copy of the latest financial statements prior to the year
in which Taxpayer submits request;
d. Statements concerning the condition of economic
infrastructure and public transportations using the form
provided.

Reference

- Article 9 Paragraph (1) Letter e of Income Tax Law


- MoF Regulation No. 83/PMK.03/2009
- DGT Regulation No. PER-51/PJ./2009

49
Facilities and Incentives of Indonesian Income Tax

A-22. Deduction of Expenditures


on Cellular Phone and Company’s Vehicle

Generally, expenses other than to earn, to collect, and to secure


income (mendapatkan, menagih, memelihara/3M) are not tax
deductible. Such expenses include expenditures for personal uses
unrelated to 3M. Nevertheless, in certain cases it is difficult to
separate such expenditures, whether they are related or not
related to 3M. Therefore, it is necessary to provide regulation
concerning expenditures on cellular phone and company’s
vehicle as tax deduction.

Eligible Taxpayer

Taxpayer who deducts expenditures on cellular phone and


company’s vehicles.

Tax Facility

- Expenditures on cellular phone for certain employees:


a. Purchasing units may be deducted 50% through
depreciation of fixed assets of Group I.
b. Subscription fee and mobile phone’s repairing fee may
be deducted 50% in the related fiscal year.

50
Facilities and Incentives of Indonesian Income Tax

Tax Facility

- Expenditures on company vehicles include:


a. bus, minibus/similar type used for employee’s shuttle:
 acquisition and overhaul cost may be deducted
entirely through depreciation of fixed assets of Group II;
 maintenance and repairing cost may be deducted
entirely in the related fiscal year.
b. sedan/similar type for certain employee:
 acquisition and overhaul cost may be deducted 50%
through depreciation of fixed assests of Group II;
 maintenance and repairing cost may be deducted
50% in the related fiscal year.

Procedure

This facility is utilized by self-assessment. Therefore it is not


necessary to submit an application

References

- MoF Regulation No. 96/PMK.03/2009


- DGT Decree No. KEP-220/PJ./2002
- DGT Circulation Letter No. SE-09/PJ.42/2002

51
Facilities and Incentives of Indonesian Income Tax

A-23. Facilities for Business Merger or Spin-Off

In order to harmonize taxation policy with other policies such as


social, economy, investment, monetary, and other policies, the
Government allows Taxpayer to use book value for the transfer of
asset during business merger or spin-off with certain conditions.

Eligible Taxpayer

- Taxpayer who transfers assets during business merger or


spin-off.
- The merger in this context means:
a. a merger of two or more corporate Taxpayers provided
that the surviving one is the company that has no loss or
lesser loss than the other companies;
b. a merger of two or more corporate Taxpayers by
establishing a new corporate Taxpayer.
- The spin-off in this context means spin-off by:
a. Non-public-listed Taxpayer that will conduct Initial Public
Offering; or
b. Public listed Taxpayer, provided that all companies
established from the spin-off also conduct Initial Public
Offering.

52
Facilities and Incentives of Indonesian Income Tax

Tax Facility

Taxpayer exercising such business merger or spin-off is


allowed to use book value for transferring the assets

Procedure

- Submit application to the DGT and enclose the


background and intention of conducting merger and spin-
off business at no later than six months after the effective
date of merger or spin-off
- Pay all tax dues of each relevant corporate Taxpayer; and
- Fulfil the business purpose test requirements.
- Enclose the audited Financial Statements from both
Taxpayers who transfers assets and Taxpayer who receives
the transferred assets.

Reference

- Article 10 Paragraph (3) of Income Tax Law


- MoF Regulation No. 43/PMK.03/2008
- DGT Regulation No. PER-28/PJ/2008
- DGT Circulation Letter No. SE-45/PJ/2008

53
Facilities and Incentives of Indonesian Income Tax

A-24. Facilities For Fixed Asset Revaluation

Rapid price increase or changes in monetary policy may lead to


disharmony between costs and income, which could result in an
unreasonable tax burden. In such circumstances, certain
domestic corporate Taxpayers and permanent establishments
(PEs) may perform Fixed Asset Revaluation for tax purposes. The
income tax from the revaluation can be paid by instalments not
more than 12-month period.

Eligible Taxpayer

Domestic corporate Taxpayers or permanent


establishments, not included Taxpayers which are granted
the license to perform bookkeeping in English and U.S.
Dollars, who have fullfilled all of their tax obligations up to
last tax period prior the tax revaluation period.

Tax Facility

Gain from Fixed Asset Revaluation above fiscal book value is


subject to 10% Final Income Tax which can be paid by
instalments not more than 12-month period.

54
Facilities and Incentives of Indonesian Income Tax

Procedure

- To perform Fixed Asset Revaluation, Taxpayer has to apply


to the DGT through The Head of Regional Office by filling out
form and attaching:
a. Photocopy of legalized business license for appraisal
service or expert appraiser;
b. Valuation Report by Appraisal Service Company;

c. List of Fixed Asset Revaluation for tax purposes;

d. Financial Statements for book year before Fixed Asset


Revaluation.
- Provisions for Fixed Asset Revaluation for tax purposes are as
follows:
a. Revaluation is performed to all tangible assets including
land or other than land;
b. Revaluation cannot be re-performed before the end of 5
years starting the last revaluation;
c. Revaluation is based on market value or fair value of
fixed assets with valuation (appraisal) by appraisal
service or expert appraiser who obtained license from
government;
d. Revaluation is performed at the latest 1 year after
appraisal.

55
Facilities and Incentives of Indonesian Income Tax

Procedure (contd):

- To be approved for instalment of 10% final income tax on


gains from Fixed Asset Revaluation, Taxpayer must submit
request for instalment and the request for Fixed Asset
Revaluation to The Head of Regional Office of DGT.
- Application for instalment is submitted using the form
provided in the DGT Regulation and by attaching cash flow
projection, which shows financial condition that causes
Taxpayer is unable to pay 10% final income tax at once.

Reference

- Article 19 of Income Tax Law


- MoF Regulation No. 79/PMK.03/2008
- DGT Regulation No. PER-12/PJ./2009
- SE-56/PJ./2009

56
Facilities and Incentives of Indonesian Income Tax

A-25. The Suspension of Depreciation


for The Acquisition Cost of Tangible Assets
of Certain Business Sectors

In order to accommodate the specific characteristics of certain


business sectors, such as hardwood plantations, forestry, and
animal husbandry, it is viewed necessary to provide certain policy
regarding the depreciation of tangible assets used by such
businesses.

Eligible Taxpayer

Taxpayer who conducts business in certain business sectors


as follow:
a. hardwood plantations,
b. forestry, and
c. animal husbandry,
which the crop/livestock can be produced many times
and they must be planted or raised more than a year to be
ready to harvest/gather.

Tax Facility

- Suspension of depreciation for the acquisition cost of


tangible asset.
- The depreciation of tangible asset is started from the month
of commercial production (a month in which Taxpayer starts
to sell their products);
- Tangible asset which the depreciation is suspended is the
fixed asset owned and used as well as the main comodity in
certain business sectors aforementioned;

57
Facilities and Incentives of Indonesian Income Tax

Tax Facility

- Acquisition cost which the depreciation time is suspended


shall include the cost of the purchase of seeds, the cost of
raising and nurturing seedlings, but not the cost of labor;
- Group of depreciation of tangible assets of certain business
sectors are:
a. hardwood plantations, Group 4 (20 years);
b. forestry, Group 4 (20 Years);
c. animal husbandry, Group 2 (8 Years).

Procedures

This facility is utilized by self-assessment system. Therefore it is


not necessary to submit an application.

References

- Article 11 Paragraph (7) of Income Tax Law


- MoF Regulation No. 249/PMK.03/2008 a.l.a.w
MoF Regulation No. 126/PMK.011/2012

58
Facilities and Incentives of Indonesian Income Tax

A-26. Facilities for Income from Transfer


of Property/Collateral in the form of Land
and/or Building for certain Taxpayers

In order to support the continuity of corporate restructuring


process as well as settlement of bank credit as an impact from
financial crisis, tax facilities should be given in the form of deferral
for revenue recognition on transfer of collateral such as land or
buildings owned by certain Taxpayers and it is conducted by
commercial banks which carry out appropriate government
restructuring program until commercial banks transfer such
collateral to the real buyer.

Eligibility and Terms of Conditions

- Restructured Bank in IBRA;


- Bank-affiliated companies in Restructuring;
- Debtor who has a direct or indirect payment obligations to
the Bank Restructuring, IBRA, and the Company or the
Affiliated Bank Restructuring or IBRA, including Banks which
have obligation to Bank Indonesia in connection with Bank
Indonesia’s Facility;
- Stockholders, Director or Restructured Bank Commissioner;
- Debtor/Collateral owner to General Bank; where its
property/collateral is taken over in order to conduct
restructuring of the company.

59
Facilities and Incentives of Indonesian Income Tax

Eligibility (Cont’d)

Certain Taxpayers are stipulated in Government Regulation


No. 17 of 1999 concerning Restructuring Agency and Law
No. 10 of 1998 concerning Banking.

Tax Facility

Postponement of income recognition on transfer of:


- assets in the form of land and/or buildings owned by certain
Taxpayers, conducted by IBRA until IBRA transfers the assets
to the real buyer.
- collateral in the form of land or buildings owned by certain
Taxpayers, conducted by general bank until the general
bank transfer the collateral to the real buyer.

Procedures

This facility is utilized by self-assessment system. Therefore it is


not necessary to submit an application

References

- DGT Decree No. KEP-141/PJ./1999


- DGT Circulation Letter No. SE-27/PJ.42/1999

60
Facilities and Incentives of Indonesian Income Tax

A-27. Facilities for Interest Income from Non-Performing


Loans Received or Accrued by Banks

Tax treatment of interest income received or accrued by banks


from non-performing loan is specifically regulated in order to
support the acceleration of bank restructuring process in
accordance with Government policy and with the change of
SFAS / PSAK No. 31 concerning Banking Accounting (revised in
2000). Accordingly, DGT determines the time to recognize income
for Taxpayers (Banks) in the form of interest income from non-
performing loans at the time the interest income is received.

Eligible Taxpayer

Banks

Tax Facility

- Interest income from non-performing loans is recognized at


the time the interest income is received by the bank (cash
basis).
- If bank recorded interest income from non-performing loan
as a reduction of principal, the time to recognize interest
income is postponed until interest income is received after
repayment of loan principal.

61
Facilities and Incentives of Indonesian Income Tax

Procedure

This facility is operated in a self-assessment system. At the


time of submitting Income Tax Return, Taxpayers need to
attach the list of debtors who has credits classified as
substandard, doubtful, and default, which contains:
a. Serial number;
b. Debtors’ name;
c. Tax Identification Number;
d. The number of non-performing loans classified as
substandard, doubtful, and default;
e. The amount of interest accrued, which has not been
recognized as income in the financial statement.

Reference

- DGT Decree No. KEP-184/PJ./2002


- DGT Circulation Letter No. SE-08/PJ.42/2002

62
Facilities and Incentives of Indonesian Income Tax

A-28 Facilities for Gains from Debt Discharge


Received or Accrued by Certain Debtors

In order to harmonize economic policy and tax policy as a result


from monetary crisis of 2008, the Government provides facilities
related to the allocation of income recognition on gains from
business debt exemption for domestic debtor Taxpayers who
conduct business debt restructuring agreement with Indonesian
Bank Restructuring Agency (IBRA) in accordance with
government policy within a maximum period of 5 years.

Eligible Taxpayer

- Domestic debtor Taxpayers who conduct business debt


restructuring agreement with IBRA in accordance with
Government policy.

Tax Facility

Revenue recognition on gains from debt exemption can be


allocated in a period of 5 years, in the same portion every
year and starting from taxable year at the time the debt
exemption is derived.

63
Facilities and Incentives of Indonesian Income Tax

Procedure

- Propose a written application to The Head of Tax Office


where debtor is registered as a Taxpayer;
- The application must be submitted no later than the
deadline of submission of income tax return, with a
photocopy of the business debt restructuring agreement
legalized by IBRA.

Reference

DGT Decree No. KEP -563/PJ./2001

64
Facilities and Incentives of Indonesian Income Tax

A-29. Exclusion from Income Tax Subject


for International Organization

The role of international organizations in helping the Government


to create sustainable development in many sectors is becoming
more important, especially in today’s era of globalization. To
facilitate the positive role of such international organizations and
to harmonize with international norms, Article 3 paragraph (1)
letter c, Indonesian Income Tax Law stipulates that international
organizations and officials representatives of international
organizations are excluded from Income Tax Subjects.

Eligible Taxpayer

- International organization, provided that:


a. Indonesia is the member of the organization; and
b. It does not conduct business or other activities to earn
income from Indonesia other than lending to the
Government with funds derived from dues of
members.
- International organization in the form of technical and/or
cultural cooperation, provided that:
a. The technical cooperation is beneficent to Indonesian
Government;
b. The International organization does not conduct other
business or other activities to earn income from
Indonesia.

65
Facilities and Incentives of Indonesian Income Tax

Eligible Taxpayer (cont’d)

Official representatives of international organizations,


provided that:
a. They are not Indonesian citizens; and
b. Not conducting other business or activity to earn income
from Indonesia.
International organizations that meet the criteria
aforementioned shall be stipulated in Minister of Finance
Regulation

Tax Facility

International orgnizations that meet requirements


aforementioned are not subject of income tax.

Procedure

To be enacted as international organization excluded as


subject of income tax, the international organization shall
receive recommendation from State Secretary of The
Republic of Indonesia and fulfill the registration procedures
of international organization in Indonesia as stipulated in
current and valid provisions (e.g.: Law No 37 Year 1999
concerning Foreign Relations)

66
Facilities and Incentives of Indonesian Income Tax

Reference

- Article 3 Paragraph (1) Letter c Income Tax Law


- Law No 37 Year 1999
- MoF Regulation No. 215/PMK.03/2008 a.l.a.w
MoF Regulation No. 142/PMK.03/2010
-

67
Facilities and Incentives of Indonesian Income Tax

A-30. Facilities for Foreign Grants and Loans

In order to achieve sustainable national development and to


recover economic activities, as well as to ensure the continuity of
certain projects that may not be fully financed from domestic
revenues, the foreign aid in the form of foreign loans and grants
are still viewed necessary. Therefore, the government provides
facilities such as income tax borne by the government for foreign
grants or loans. However, such facilities are only temporary and
will be reconsidered in accordance with the financing capacity of
domestic sources and national economic and social
development.

Eligibility and Terms of Conditions

- contractors, consultants, and suppliers stated on contract


to carry out government projects, which are funded by
grants or foreign loans, including experts and trainers which
are financed with foreign grants.

68
Facilities and Incentives of Indonesian Income Tax

Tax Facility

Income Tax from income received or accrued by


aforementioned contractors, consultants, and suppliers shall
be borne by the Government.

Procedures

This facility is utilized by self-assessment when submitting


annual income tax returns. Therefore, it is not necessary to
submit an application

References

- Government Regulation No. 42 of 1995 a.la.w


Government Regulation No. 25 of 2001
- MoF Decree No. 239/KMK.01/1996 a.l.a.w
MoF Decree No. 486/KMK.04/2000
- DGT Decree No. PER-526/PJ./2000
- DGT Circulation Letter No. SE-05/PJ.42/2001

69
Facilities and Incentives of Indonesian Income Tax

A-31. Facilities for Donation on


National Disaster Relief in NAD and North Sumatera

One among other Government’s efforts to relieving the natural


disaster in Aceh Province and North Sumatera occurred in
December 2004 was by endorsement of Taxpayers’ participation
through fiscal incentives in the form of tax borne by the
government and fiscal deductibility on aid and charity given to
the disasters victims. The incentive is intended to encourage
Taxpayers to become donator that would ease the burden of
those affected by the disasters.

Eligible Taxpayer

Taxpayers who give charity related to the disasters


aforementioned, which consist:
- Corporate Taxpayers, not including corporate
Taxpayers which are imposed by final tax; and
- Individual Taxpayers, not including individual Taxpayers
which are imposed by final tax or using deemed profit.

70
Facilities and Incentives of Indonesian Income Tax

Tax Facility

Charity for the natural disaster in Aceh Province and North


Sumatera given by Taxpayer is tax deductible and the
income tax accrued from the charity shall be borne by the
Government.

Procedure

- The donations are deducted as expense and reported


in tax return in which it is incurred;
- Donation shall be in form of money and/or goods. If it is
in form of goods, the amount that can be charged as
expense is based on its fiscal carrying value;
- The donations are recorded under account ”natural
disaster donation for Aceh Province and North
Sumatera”;
- The donation should be saved, distributed, and/or
managed by;
a. governmental agency, such as Vice President
Office, Coordinating Ministry of welfare, Ministry of
social affair, Ministry of Finance, or
b. other parties that can be accounted for its
existence; including Indonesian Red Cross (PMI), print
and electronic mass media, and social and/or
religious organizations;
- The donation must be supported by legal documents.
- Government institution or other parties as collector,
distributor and/or manager of donation are required to
register to Head Office of DGT and submit quarterly
report to DGT about the collection and distribution of
the donation.
-

71
Facilities and Incentives of Indonesian Income Tax

Reference

- MoF Regulation No. 609/PMK.03/2004


- MoF Regulation No. 14/PMK.03/2005

72
Facilities and Incentives of Indonesian Income Tax

A-32. Incentives for Donation for Natural Disaster


Relief in NAD and Nias Island North Sumatera

Government of Indonesia offers tax facilities in the framework of


Natural Disaster Relief to accelerate the recovery of social
economic condition in the disaster area of Aceh Province and
Nias Island North Sumatera Province

Eligible Taxpayer

- Taxpayers who give charity related to the disasters


aforementioned:
a. Corporate Taxpayers, not including corporate
Taxpayers which are imposed by final tax; and
b. Individual Taxpayers, not including individual
Taxpayer which are imposed by final tax or using
deemed profit
- Victims of Aceh Province and Nias Islands natural disasters
and their inheritors who receive the charity.

73
Facilities and Incentives of Indonesian Income Tax

Tax Facility

- Charity distributed for natural disaster relief in Aceh


Province and Nias Islands are tax deductible.
- Exempted as Taxable income for:
a. Aid or charity that are collected, distributed, and/or
managed by Government bodies and parties as
stipulated by or based on MoF Decree, in the form of
money and/or goods, land, and/or building with its
document/certificate received by the victims of natural
disaster in Aceh Province and Nias Islands
b. Inheritance including saving and/or deposit received
by inheritors of the victims of natural disaster in Aceh
Province and Nias Islands.

References

Government Regulation No. 32 of 2007


*Note:
This regulation was valid from 1 January 2005
until 1 May 2009.

74
Facilities and Incentives of Indonesian Income Tax

A-33. Incentives for Donation for Earthquake Relief


in DIY and Central Java,
and Tsunami in South Coast of Java Island

Basically, Resident Taxpayers and permanent establishments are


entitled to claim the deductions in the form of expenses to earn
collect and secure income from their gross income. Thus, any
expenses that have no correlation with income generation are
not allowed to be deducted from gross income However, as
enormous earthquake struck Yogyakarta province and part of
Central Java Province on May 27 2006, and also tsunami hit south
coast of Java island on July 17 2006, Government of Indonesia
offers tax incentives in the form of aid allowed as tax deductible. It
is intended to increase the participation of Taxpayers to give aid
and to accelerate the recovery of the struck area.

Eligible Taxpayer

All Taxpayers who make aid for:


- earthquake relief in DIY and some part of Central Java on
May 27 2006 and
- earthquake and tsunami relief in south cost of Java Island
on July 17 2006.

75
Facilities and Incentives of Indonesian Income Tax

Tax Facilities

Aid made by Taxpayers for relief of aforementioned


disasters is allowed as tax deductible expense.

Procedur

This facility is utilized by self-assessment; therefore, it is not


necessary to submit an application

Reference

MoF Regulation No. 93/PMK.03/2006

76
Facilities and Incentives of Indonesian Income Tax

A-34. Exclusion from Lodging Tax Return

In order to provide simplicity to Taxpayers to submit monthly


and/or annual tax return, the government gives facility in the form
of exclusion for Taxpayers with certain income tax from the
obligation to submit tax return which is mandated under Article 3
Paragraph (8) law number 6 of 1983 concerning General
Provisions and Tax Procedures as lastly amended by the law
number 16 of 2009.

Eligible Taxpayer

Taxpayers with certain income tax, i.e.:


a. Individual Taxpayers below personal exemption i.e.
individual Taxpayers who receive or derive taxable
income in a fiscal year not exceed personal
exemption; or
b. Individual Taxpayers who do not carrying on a business
or do not perform independent services.

Tax Facility

1. Individual Taxpayers below personal exemption do not


have the obligation to submit monthly tax return Article
25 and personal annual income tax return.
2. Personal Taxpayers who do not carrying on a business /
do not perform independent services, are excluded
from the obligation to submit Monthly tax return Article
25.

` 77
Facilities and Incentives of Indonesian Income Tax

Procedure

Taxpayers with certain income tax which are eligible to


these facilities do not have to make any request.

Reference

- Article 3 Paragraph (8) of Income Tax Law


- MoF Regulation No.183/PMK.03/2007

78
Facilities and Incentives of Indonesian Income Tax

A-35. The Increase of Personal Exemptions

The amount of personal exemption (PTKP) should be adjusted


accordingly with economic and monetary development as well
as the increase of basic necessities prices. Therefore, the
amendments of Income Tax Law No. 36 Year 2008 stipulate the
amount of personal exemptions is increased for individual resident
Taxpayer himself and also for every extended of dependent.

Eligible Taxpayer

Individual resident Taxpayer

Tax facility

The amount of personal exemptions per year is as


follows:
a. 15.840.000 IDR for an individual Taxpayer;
b. additional 1.320.000 IDR for a married Taxpayer;
c. additional 15.840.000 IDR for married Taxpayers’
spouse, provided that they file a joint tax return;
and
d. additional 1.320.000 IDR for each dependent family
member related by blood and by marriage in a
direct lineage, and an adopted child with
maximum of three dependents.

` 79
Facilities and Incentives of Indonesian Income Tax

Procedure

This facility is utilized by self-assessment. Therefore, it is not


necessary to submit an application.

Reference

Article 7 of Income Tax Law

80
Facilities and Incentives of Indonesian Income Tax

B-1. Income Tax Art 21 Borne By Government


for State Officials, Civil Servants,
Members of The Armed Forces, And Retirees

Government realizes that income or pensions received by state


officials, civil servants, members of the armed forces, and retirees
are viewed inadequate. Therefore, the government bears the
taxes imposed on the aforementioned income which are
received regularly and the fund is disbursed from state budget or
regional budget.

Eligible Taxpayer

a. State Official, for:


1) salary and other allowance, which are fixed and
received monthly; or
2) other fixed remuneration
b. Civil servants, member of armed forces, and member
of National Police (POLRI), for salary and other
allowances which are fixed and received monthly;
and
c. Retirees, for pension and other allowances, which are
fixed and received monthly.

` 81
Facilities and Incentives of Indonesian Income Tax

Tax Facility

Article 21 Income tax on fixed and regular income received


monthly which source is derived from state budget and
regional budget that is borne by government

Procedure

This facility is utilized by self-assessment. Therefore, it is not


necessary to submit an application.

Referenc
e
- Government Regulation No. 80 of 2010
- MoF Regulation No. 262/PMK.03/2010

82
Facilities and Incentives of Indonesian Income Tax

B-2. Lower Rate or Final of Withholding Tax on Certain


Income Received by Retirees or Dismissed Workers

In order to ease the burden on retirees or workers whose contracts


are terminated (PHK), to them are imposed a lower income tax
rates facility and final in nature. Lower progressive tax rate which is
also final may offer greater monetary benefit for the workers or the
retirees as well as simplicity and certainty in legal aspects.

Eligible Taxpayer

Employee who receives or derives income in the form of


Severance Payment, Pension Cash Benefit, Annuity, or
Warranty Annuity which is paid at once

Tax facility

Final Article 21 Income Tax rate on income in the form of


Severance Payment is determined as follows:
- 0% for gross income up to 50 millions IDR;
- 5% for gross income more than 50 millions IDR up to 100
millions IDR;
- 15% for gross income above 100 millions IDR up to 500
millions IDR;
- 25% for gross income more than 500 millions IDR.

` 83
Facilities and Incentives of Indonesian Income Tax

Tax Facility (cont)

Final Article 21 Income Tax rate on income in the form of


pension cash benefit, annuity, warranty annuity is
determined as much as
- 0% for gross income up to 50 millions IDR;
- 5% for gross income above 50 millions IDR.

Procedure

This facility is utilized by self-assessment; therefore it is not


necessary to submit an application.

Reference

- Government Regulation No. 68 of 2009


- MoF Regulation No. 16/PMK.03/2010

84
Facilities and Incentives of Indonesian Income Tax

B-3. Exemption form Withholding Tax on Certain Income


Received by Daily/Weekly/Temporary Workers

In accordance with regulation concerning personal exemption,


income received or accrued by daily employees, weekly
employees, and other temporary employees is not imposed by
withholding Article 21 Income Tax for certain level of income.

Eligible Taxpayer

Daily employees, weekly employees, and other temporary


employees who receive income up to 150 thousand IDR a
day.

Tax Facility

Income received or derived by daily employee, weekly


employee, and other temporary employee up to 150
thousand IDR a day is not imposed by withholding Article
21 Income Tax
However, this condition is not applicable if the gross
income mentioned exceeds 1.32 million IDR a month or if it
is paid monthly

` 85
Facilities and Incentives of Indonesian Income Tax

Procedure

This facility is utilized by self-assessment. Therefore it is not


necessary to submit an application.

Reference

- MoF Regulation No. 254/PMK.03/2008

86
Facilities and Incentives of Indonesian Income Tax

B-4. Exclusion for International Organization


to Withhold Income Tax Article 21/26

In order to provide legal certainty, representative offices of foreign


countries and international organizations, which are excluded as
subjects of income tax as stipulated in the Minister of Finance
Regulation, are also excluded from the obligation to withhold
Article 21/26 Income Tax article 21/26 for income received or
accrued by officials/employees working in the international
organizations.

Eligible Taxpayer

Representative office of foreign countries and international


organizations as stipulated in the Minister of Finance
Regulation

Tax Facility

The exclusion to withhold Article 21/26 Income Tax on


income received or accrued by officials/employees
working in the international organizations

` 87
Facilities and Incentives of Indonesian Income Tax

Procedure

This facility is utilized by self-assessment. Therefore, it is not


necessary to submit an application.

Reference

- Article 21 Paragraph (2) of Income Tax Law


- MoF Decree No. 649/KMK.04/1994
- MoF Regulation No. 215/PMK.03/2008 a.la.w
MoF Regulation No. 142/PMK.03/2010

88
Facilities and Incentives of Indonesian Income Tax

C-1. Exemption from Withholding Tax on Certain Import


or Business Activities In Other Sectors

Based on Article 22 of the Income Tax Law, payment of delivery of


goods and activities on import or business activities in other sectors
is subject to withholding Income Tax. However, due to the national
economic interests, some of the aforementioned activities are
exempted from the provision.

Eligible Taxpayer

Taxpayers who conduct certain activities exempted from


the collection of Income Tax of Article 22

Tax Facility

Except for collection of Income Tax Article 22:


a. Imported goods and/or delivery of goods exempted
from Income Tax based on the provisions in the statutory
regulation;
b. Imported goods exempted from collection of Import
Duty and/or Value Added Tax:
- goods belonging to foreign country's representative
and its officials assigned on duty in Indonesia based
on mutual principle

` 89
Facilities and Incentives of Indonesian Income Tax

Tax Facility

- goods for the need of international agency and its


officials assigned on duty in Indonesia and not
holding Indonesian passport
- goods in the form of gift parcel for general need for
religious matter, charity, social, culture or for control
of disaster;
- goods for the need of museum, zoo, natural
conservation and other places of the same kind that
are open to public;
- goods for the purpose of research and development
of science;
- goods for special need of the blinds and other
incapables;
- case or other packages containing corpse or urn for
corpse ash;
- removal goods;
- goods belonging to passengers, transporting facility
crew, border crosser, and shipment up to a certain
limit based on the provisions in the statutory
regulation;
- goods imported by the Central Government or
Regional Government for the purpose of public
interest;
- weapons, ammunition, and military equipment,
including spare parts allocated for States defense
and security;
- goods and material used to produce goods for
defense and security of the country;

90
Facilities and Incentives of Indonesian Income Tax

Tax Facility

- Polio vaccine in the context of implementing Week of


National Immunization program (Pekan Imunisasi
Nasional/PIN);
- public text books; holy books and religious text books;
- ship, river transporting boat, lake transporting boat,
ferry, piloting boat, towing boat, fishing boat, tug boat,
and spare parts and navigation safety equipment or
human safety equipment imported and used by
National Commercial Navigation Company or national
fishing company;
- aircraft and spare parts and flight safety equipment or
human safety equipment, equipment for repair or
maintenance imported and used by National
Commercial Air Transporting Company;
- railway and spare parts and equipment for repair or
maintenance and infrastructure imported and used by
PT Kereta Api Indonesia;
- equipment used to provide data on borders and air
photo of the territory of the State by the Indonesian
National Army; and/or
- goods for Natural Oil and Gas upstream activities
imported by Cooperation Contract Contractors.

` 91
Facilities and Incentives of Indonesian Income Tax

Tax Facility

Procedure
c. Temporary import, if during the import is clearly declared
for re-export;
d. Re-import, covering goods that have been re-exported
and later re-imported in the same quality or the goods
that have been exported for repair, work and test, that
have complied with the terms stipulated by the
Directorate General of Customs and Excise;
e. Payment made by the tax collector, which are
Government Treasurer and Budget User Proxy (Kuasa
Pengguna Anggaran/KPA), treasurer for expenditure for
payment made using mechanism on stock money
(Uang Persediaan/UP); Budget User Authority (Kuasa
Pengguna Anggaran/KPA) or Pay Instruction Letter
Issuing Official as delegated by the KPA, pertaining to:
1. payment which amount is maximum 2,000,000 IDR
(two million Rupiahs) but not constituting undivided
payments;
2. Payment for purchase of oil fuel, electricity, gas,
lubrication, potable water/PDAM and postal items.
f. Payment for purchase of paddy and/or rice by Public
Logistic Company (Perusahaan Badan Usaha
Logistik/BULOG);
g. Gold ingot to be processed to produce jewellery for
export;
h. payment for purchase of goods to the use of fund for
School Operational Assistance (Bantuan Operasional
Sekolah/BOS).

92
Facilities and Incentives of Indonesian Income Tax

This facilitiy can be utilized:


 without using Certificates of Exemption, for:
a. import that is not Liable of Customs and Value Added
Tax; and
b. Temporary importation,
Which the provision is carried out at Directorate General
of Customs and Excise and the procedure is regulated
by Directorate General of Customs and Excise and or
Directorate General of Taxes
 using Certificate of Exemption, for:
a. import that is not liable of income Tax; and
b. import of gold bullion.

Referenc
e
- MoF Regulation No. PMK-154/PMK.03/2010
- DGT Regulation No. PER-57/PJ/2010 a.l.a.w
DGT Regulation No. PER-15/PJ/2011

` 93
Facilities and Incentives of Indonesian Income Tax

C-2. Exemption from Withholding Tax


on Income after Tax of Permanent Establishment

Taxable Income after deducted from income tax of a permanent


establishment in Indonesia is subject to be taxed of 20% (twenty
percent), unless the profit is re-invested in Indonesia. The further
regulation is stipulated by or based on the Minister of Finance
Regulation. The provision is intended to encourage permanent
establishment to do re-investment in Indonesia and to support the
growth of national economy.

Eligible Taxpayer

Permanent Establishments that conduct re-investment in


Indonesia, in the form of:
a. equity participation in new companies in Indonesia as
a founder;
b. equity participation in new companies in Indonesia as
a shareholder;
c. fixed asset acquisition/purchasing; or
d. investment on intangible asset,
The re-investment shall be conducted no later than the
end of the next tax year, after obtaining income.

Tax Facility

Exemption from Article 26 Paragraph (4) of Income Tax Law

94
Facilities and Incentives of Indonesian Income Tax

Procedure

Submit a written notice regarding:


a. The form of re-investment. The writing notice is attached
to Income Tax Return of the fiscal year in which income is
received.
b. The realization of investment and/or the time of
commercial production started. The writing notice is
attached to Income Tax Return of the next fiscal year
after income is received.

Note:
This notice shall be submitted at least for 3 year
consecutively.

Reference

- Article 26 Paragraph (4) of Income Tax Law


- MoF Regulation No. 14/PMK.03/2011
- DGT Regulation No. PER-16/PJ/2011

` 95
Facilities and Incentives of Indonesian Income Tax

C-3. Exemption from Withholding Tax on Deposits and


Savings Interest, and Central Bank Certificate Discount

Interest from deposits and savings, and the discount from the
central bank’s certificate are income subjected by 20% of final
tax, for resident Taxpayers and permanent establishments.
However, it’s viewed necessary that the provision to exclude small
savings and deposits from the exemption, in order to protect
people with low-income who are usually the ones who own such
savings/deposits.

Aside from that, the tax exemption is also applied for a pension
fund, which its establishment is approved by the Minister of
Finance, as incentives to steer the pension fund to invest in low-risk
and non-speculative financial instruments.

Eligible Taxpayer

- An individual who is resident Taxpayer, whose income for


one fiscal year including interest and discount does not
exceed his/her personal exemption.
- a pension fund which its establishment is approved by the
Minister of Finance

Tax Facility

Exemption from withholding tax for certain income


derived from interest of deposit/savings, and the
discount of central bank’s certificate.

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Facilities and Incentives of Indonesian Income Tax

Procedure

 The exemption from withholding tax for certain income


can be utilized without request, for:
- interest of deposit/savings, and the discount of central
bank’s certificate provided that the amount of
deposit/savings, and the of central bank’s certificate
are less than 7,5million IDR
- the interest and discount, which are received or
accrued by banks incorporated in Indonesia or
branch of foreign bank in Indonesia ;
- the interest from savings in banks, which are
appointed by the Government in context of
purchasing simple and very simple houses, lots to build
simple and very simple houses, or simple flats.
 The exemption from withholding tax for interest of
deposit/savings, and the discount of central bank’s
certificate received by a pension fund, can be utilized
using a Certificate of Exemption (SKB). The SKB can be
obtained by submitting a request to the tax office in
which the pension fund is registered.

Reference

- Government Regulation No. 131 of 2000


- MoF Decree No. 51/KMK.04/2001
- DGT Regulation No. PER-160/PJ/2005 a.l.a.w
DGT Regulation No. PER-39/PJ/2010

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Facilities and Incentives of Indonesian Income Tax

C-4. Exemption from Withholding Tax on Interest and/or


Discount Received from Bond

Interest and discount of bond is subject to final tax, as governed


by the Government Regulation Number 16 year 2009.
Nonetheless, there is exemption of the liability for interest and
discount earned by certain Taxpayer.

Eligible Taxpayer

a. Pension fund, which its establishment is approved by the


Minister of Finance (as governed by Article 4 Paragraph
3 letter h of Income Tax Law) ; and
b. Bank that is established in Indonesia or branch of a
foreign bank in Indonesia.

Tax Facility

- Interest and discount from bond that are received or


earned by Pension Fund and Bank in Indonesia are not
subjected to final tax.
- Interest and discount earned by Pension fund from
bond that is traded or reported at stock exchange in
Indonesia are not subject to income tax.

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Facilities and Incentives of Indonesian Income Tax

Procedure

This facility is utilized by self-assessment. Therefore, it is not


necessary to submit an application.

Reference

- Article 4 Paragraph (2) Letter a and


Article 17 Paragraph (7) of Income Tax Law
- Government Regulation No. 16 of 2009
- MoF Regulation No. 234/PMK.03/2009
- MoF Regulation No. 85/PMK.03/2011 a.l.a.w
MoF Regulation No. 07/PMK.03/2012

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Facilities and Incentives of Indonesian Income Tax

C-5. Exemption from Withholding Tax by Third Party

Withholding tax is one of tax collection system applied in


Indonesia, which has purpose of immediate tax collection and
increasing public participation in the collection of fund through
tax collection system. By this system, there is a possibility that
income tax withheld will be bigger than income tax accrued at
the end of the tax year (over income tax paid). To deter the
condition, it is viewed necessary that a special provision should be
governed to give exemption from withholding tax in certain
conditions.

Eligible Taxpayer

All Taxpayers, provided that:


a. They are able to provide evidence that there would
be no income tax accrued in the end of tax year,
because of: experiencing fiscal loss; fiscal loss carry
forward that can be accounted; tax that had been
paid and would have been paid are bigger than
income tax accrued in the end of tax period; or
b. Their income is solely levied by final tax.
c. They have already submitted tax return of last fiscal
year (except for new Taxpayer).

Note:
Taxpayers experiencing fiscal loss aforementioned may be
granted with the facilities, provided that:
a. They are newly established and still in the progress of
investment;
b. They have not accomplished the phase of
commercially production; or
c. They experience force major condition.

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Facilities and Incentives of Indonesian Income Tax

Tax Facility

Exemption from Withholding Tax by Third Party.

Procedure

- Taxpayers must submit a written application to Tax


Office in which they are administered.
- The application shall be submitted for each of
withholding tax exemption of Article 21, Article 22,
Article 22 import, and/or Article 23 of Income Tax
Law, by using prearranged form.
- The application must be attached with predicted
accrued income tax for the year (except for
Taxpayers whose income is solely levied by final tax).
- If the application is approved, Tax Office shall issue
an certificate of exemption (SKB).

Reference

- Government Regulation No. 94 of 2010


- DGT Regulation No. PER-1/PJ/2011

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Facilities and Incentives of Indonesian Income Tax

C-6. Exemption from Withholding Tax for Taxpayers


with Certain Gross Income

Income generated from business conducted by Taxpayers whose


gross income meets certain threshold and criteria, shall be
imposed with final income tax which will not be recalculated in
determining the tax payable at the end of the taxable year.
However, based on current provisions, withholding taxation is
applied on certain type of income. Therefore, to minimize
Taxpayer’s burden from a condition in which tax withheld exceeds
tax payable at the end of the year, certain provisions should be
applied regarding the exemption for certain Taxpayers from
withholding tax.

Eligible Taxpayer

Taxpayer who’s eligible for Final Income Tax based on


Government Regulation No 46 Year 2013 concerning
Income Tax of Taxpayers with Certain Gross Income

Tax Facility

Exemption from Withholding Tax by Third Party.

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Facilities and Incentives of Indonesian Income Tax

Procedure

- Request of Certificate of Exemption:


a. Taxpayer must submit request to The Head of Tax
Office in which they are administered, with following
prerequisites:
1) For Taxpayer registered in previous taxable year,
they should have already submitted annual tax
report
2) For new Taxpayer, they must submit a statement
which states that the Taxpayer is eligible for final
income tax based on Government Regulation No
46 Year 2013.
3) Taxpayer shall enclose supporting document of the
transtactions
4) The request should be signed by the Taxpayer or
the authorized representative attached by the
power of attorney
b. Request is submitted respectively for Income Tax
Article 21, Income Tax Article 22, Income Tax Article
22 Import, and/or Income Tax Article 23.
c. The Head of Tax Office shall issue Certificate of
Exemption or letter of refusal no later than 5 working
days.

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Facilities and Incentives of Indonesian Income Tax

Procedure (cont’d)

- Request of copy of Certificate of Exemption


legalization:
a. The exemption of withholding tax may be
conducted after the Taxpayer provides the copy of
Certificate of Exemption which has been legalized
by the tax office;
b. Taxpayer submit a request for legalization to The
Head of Tax Office with following prerequisites:
1) Show the certificate of exemption
2) Provide the receipt of payment of Final Income tax
based on Government Regulation No 46 Year of
2013
3) Write the name of tax withholder and the amount
of transaction in the column provided in the
certificate of exemption
4) The copy of Certificate of Exemption should be
signed by the Taxpayer or the authorized
representative attached by the power of attorney.
c. Legalization shall be processed in 1 (one) working
day

Reference

- DGT Regulation No. PER-32/PJ/2013

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Facilities and Incentives of Indonesian Income Tax

Terms & Abbreviations

Terms Definition

Undang-Undang Ketentuan General Provisions and Tax Procedures


Umum Perpajakan (UU KUP) Law

Undang-Undang Pajak Income Tax Law


Penghasilan (UU PPh)

Peraturan Pemerintah (PP) Government Regulation (GR)

Peraturan Menteri Keuangan Minister of Finance Regulation (MoF


(PMK) Regulation)

Keputusan Menteri Minister of Finance Decree (MoF Decree)


Keuangan (KMK)

Peraturan Dirjen Pajak Director General of Taxes Regulation


(Perdirjen) (DGT Regulation)

Keputusan Dirjen Pajak Director General of Taxes Decree (DGT


(Kepdirjen) Decree)

Surat Edaran (SE) Circulation Letter

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Facilities and Incentives of Indonesian Income Tax

Abbreviation Definition

3M to earn, collect, and to secure income


(mendapatkan, menagih, memelihara)

a.l.a.w as lastly amended with

BKPM Investment Coordinating Board (Badan Koordinasi


Penanaman Modal)

BPS National Statistic Agency (Biro Pusat Statistik)

DGT Director General of Taxes

MoF Minister of Finance

PT Limited Liability Company (Perseroan Terbuka)

R&D Research and Development

SEZ Special Economic Zone (Kawasan Ekonomi


Khusus/KEK)

SKB Certificate of Exemption (Surat Keterangan Bebas


Pajak)

TIN Taxpayer Identification Number (Nomor Pokok


Wajib Pajak / NPWP)

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Facilities and Incentives of Indonesian Income Tax

COMPILING TEAM
“FACILITIES AND INCENTIVES OF INDONESIAN INCOME TAX”
Director
A. FUAD RAHMANY
JOHN L. HUTAGAOL
A. SJARIFUDDIN ALSAH
Advisor
RADEN SETYADI ARIS HANDONO
YUNIRWANSYAH
Coordinator:
FERY CORLY
KUNTO LAKSITO
IMAM ISWAHYUDI
Technical Team
ADRIAN MUNANDAR
ARIEF SANTOSO
BAYU WIDI CAHYANTO
DENNY LUQMAN ALHAMZAH
ENY SETYOWATI
HENDRA MEDIANTO
MALATIKA SEPTIASARI
MAYDA NURBAETI
OKFEL DJERMOR
OKI OEPOYO SANTOSO
PETRUS HARJONO
RENI ILMIYAH
RIENAL YAFFID
RIO FERNANDO
RIVA RIFIANTI
ROBERT
RONDANG FRISCA LUNARIS
RUDI HENDRIAWAN
SAMUDERA PUTRA
SIMON P. H. HUTABARAT
SONY MURAYA
SYARIF IBRAHIM BUSONO ADI
WAHYUDIANTO
YUDIT SUPRIADI

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