英文版印尼所得税税法 - No.17.2000_incometaxlaw

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印尼有关税收法律规章及外汇管制相关知识

印尼有关税收法律规章及外汇管制相关知识一、印尼税收体系、制度及主要税赋和税率印尼实行中央和地方两级课税制度，税收立法权和征收权主要集中在中央。

现行的主要税种有：公司所得税、个人所得税、增值税、奢侈品销售税、土地和建筑物税、离境税、印花税、娱乐税、电台与电视税、道路税、机动车税、自行车税、广告税、外国人税和发展税等。

2008年7月17日印尼国会通过了新《所得税法》，个人所得税最高税率从35%降至30%，分为四档，5000万盾以下，税率为5%；5000万盾至2.5亿盾，15%；2.5亿盾至5亿盾，税率25%；5亿盾以上者，税率30%。

企业所得税率，2009年为过渡期税率28%，2010年后降为25%。

印尼对中、小、微型企业还有鼓励措施，减免50%的所得税。

增值税一般情况下，对进口、生产和服务等课征10%的增值税。

印花税是对一些合同及其他文件的签署征收3000或6000印尼盾的象征性税收。

根据2007年印尼《有关所规定的企业或所规定的地区之投资方面所得税收优惠的第1号政府条例》，印尼政府对有限公司和合作社形式的新投资或扩充投资提供所得税优惠。

提供的所得税优惠包括：企业所得税税率为30%（根据新《所得税法》，2010年后为25%），可以在6年之内付清，即每年支付5%；加速偿还和折旧；在分红利时，处资企业所缴纳的所得税税率是10%，或者根据现行的有关避免双重征税协议，采用较低的税率缴税；给予5年以上的亏损补偿期，但最多不超过10年。

以上所得税优惠，由财政部长颁发，并且每年给予评估。

企业除根据印尼政府从1月1日至12月31日财政年度报税外，企业也可使用会计年度报税，企业纳税可通过月度分期付款的方式进行。

企业可自行到税务部门报税，也可以通过税务咨询公司代为报税。

二、经营过程中主要涉及的税种及相关处理目前，在经营工程施工过程中，主要涉及以下几种税：企业所得税；个人所得税；增值税；关税等。

施工、服务咨询、租赁等行业的所税得都涉及到预扣税，由业主方预先从营业额中扣除相应比例的款项作为所得税上交税务局，年终纳税清缴应纳所得税额小于预扣所得税不需再交所得税，多于部分可顺延至次年，年终纳税清缴应纳所得税额大于预扣所得税，对超过部分需继续上交税务局。

SAP HR 印尼企业所得税、个税和增税计算范例

10 50,000,000.00 27,700,000.00 1,662,000.00 1,674,000.00
12,000.00
同2，C39
4*5000000+8*6000000 68000000*（1-5%）-19800000 44800000*6% 44800000*6%-186000*4 1944000/8
186,000.00
68,000,000.00 44,800,000.00 2,688,000.00 1,944,000.00
243,000.00
4,000,000.00 92,333.33
3,907,666.67 8,000,000.00 8,454,000.00
929,074.11 7,070,926.00
5%
(TKO)+1320000 （K/0)+1320000 （K/1)+1320000 （K/2)+1320000
15,840,000.00 17,160,000.00 18,480,000.00 19,800,000.00 21,120,000.00
月收入*预计有收入的月数预计年收入*（1-职位费比例）-年消费需要缴纳税金的年收入*缴税比例每年缴纳个人所得税/预计有收入的月数
(3)计算方法预计年收入= 需要缴纳税金的年收入= 每年缴纳个人所得税= 每月个人所得税=
(4)个从所得税计算5种举例（RP) 如：公司员工罗翻译，已婚，并有2个小孩，工资5条，没有税登记号 1.从今年7月开始发工资预计有收入月数= 预计年收入= 需要缴纳税金的收入= 每年缴纳个人所得税= 每月个人所得税=
2，印尼个人所得税
（1）税率表
需要缴纳税金的月收入

东盟十国税收政策英文原文

东盟十国税收政策英文原文ASEAN Ten Countries' Tax PoliciesThe member countries of the Association of Southeast Asian Nations (ASEAN) have implemented various tax policies to promote economic growth and attract investments. In this article, we will discuss the tax policies of the ten ASEAN countries.1. Indonesia:Indonesia operates under a progressive tax system, where individuals and corporations are subject to different tax rates based on their income levels. The country also offers several tax incentives to encourage investment in priority sectors, such as manufacturing, infrastructure, and technology.2. Malaysia:Malaysia follows a territorial system of taxation, where only income generated within the country is subject to tax. The corporate tax rate is relatively low at 24%, and the government provides incentives to attract foreign direct investment. Additionally, Malaysia has a Goods and Services Tax (GST) at a standard rate of 6%.3. Philippines:The Philippines has a progressive income tax system, with higher income earners subject to higher tax rates. The corporate tax rate is 30%, and there is an additional tax on foreign corporations doing business in the country. The government also offers various tax incentives to promote investments in targeted industries, such as agriculture, tourism, and renewable energy.4. Singapore:Singapore has one of the most favorable tax environments in the world. The corporate tax rate is a flat 17%, and there are no capital gains or dividend taxes. Thecountry has also signed numerous double tax treaties to avoid double taxation. Moreover, Singapore has implemented a Goods and Services Tax (GST) at a standard rate of 7%.5. Thailand:Thailand operates under a progressive tax system for individuals and a flat corporate tax rate of 20%. The government provides tax incentives for investments in certain industries, such as technology, research and development, and environmental protection. Additionally, Thailand has a Value Added Tax (VAT) at a standard rate of 7%.6. Vietnam:Vietnam has a progressive income tax system with different tax rates for individuals based on their income levels. The corporate tax rate is 20%, and there are various tax incentives available, especially for investments in priority sectors like high technology, education, and healthcare. Vietnam also imposes a Value Added Tax (VAT) at a standard rate of 10%.7. Brunei:Brunei has a territorial system of taxation, where only income derived from the country is subject to tax. The corporate tax rate is relatively low at 18.5%, and tax incentives are available for investments in specific sectors, such as oil and gas, petrochemicals, and halal products.8. Cambodia:Cambodia follows a progressive tax system, with a maximum individual income tax rate of 20%. The corporate tax rate is 20%, and there are tax incentives available for investments in priority sectors, such as agriculture, manufacturing, and tourism. Cambodia also imposes a Value Added Tax (VAT) at a standard rate of 10%.9. Laos:Laos has a progressive income tax system, with a maximum individual tax rate of 24%. The corporate tax rate is 24%, and there are tax incentives for investments insectors such as agriculture, mining, and infrastructure development. Additionally, Laos imposes a Value Added Tax (VAT) at a standard rate of 10%.10. Myanmar:Myanmar operates under a progressive tax system, with individuals and corporations subject to different tax rates based on their income levels. The corporate tax rate is 25%, and there are tax incentives available for investments in certain sectors, such as manufacturing, tourism, and agriculture. Myanmar also imposes a Commercial Tax and a Value Added Tax (VAT) at different rates.In conclusion, the ASEAN ten countries have implemented various tax policies to stimulate economic growth and attract investments. These policies range from progressive tax systems to territorial tax systems, with different tax rates and incentives available for individuals and corporations. Understanding these tax policies is crucial for businesses and investors operating in the ASEAN region.。

Indonesia import duty & Tax knowledge

IndonesiaGENERALAll goods brought into the Customs Territory shall be treated as imported goods on which the import duties are due.Customs Territory means the territory of Indonesia covering the land, waters, and air space over them and specified localities in the exclusive economic zone and the continental shelf in which Indonesian Customs Law applies in full.Customs examination shall be applied for imported goods, in which includes verification of documents and physical inspection. In order to obtain accurate data and to evaluate the lodged Customs Declaration, customs examination shall be carried out upon imported goods through the inspection of the goods and verification of documents. To ensure expeditious flow of goods, the physical inspections shall be done selectively, in a sense that the inspection shall only be focused on imported goods having high risk, such as goods with high import duties, goods that are dangerous to the state and public, and goods imported by "blacklist" importers. In this regard, physical inspection shall only be performed in cases where there are intelligence information, or in such a case when imported goods are selected for examination based on the random sampling automatically determined by computer. The determination will make the goods to be placed under "the green channel" or "the red channel". In case that the goods are classified under "the red channel", they should be physically examined, while if the goods are classified under "the green channel", physical examination would not be required.Geographically, Indonesia is a huge archipelago state, therefore it is impossible to place the customs official along the seashores to ensure that goods incoming to or outgoing from the Customs Territory have fulfilled the prevailing provisions. Therefore, the fulfillment of Customs formalities shall be done at the Customs Service Office. It means that loading or unloading of goods at any place other than the Customs Service Office shall be regarded as violation againts the Customs Law.In this way, the control is easier to be done since the place to meet Customs formalities such as the lodgement of the Customs Declaration or payment of import duties has been clearly limited by designating the Customs Service Office in accordance with the trading needs.However, the fulfillment of Customs formalities at a place other than the Customs Service Office still can be done when certain conditions determined by the Minister of Finance are fulfilled in accordance with trading and economic needs or when such a procedure provides an easier, safer, faster, better and cheaper way to fulfil Customs formalities. Such facilitation is granted on a temporary basis.Lodgement of Customs Declaration for the fulfillment of Customs formalities may be done in writings or through electronic media such as diskettes or intercomputers direct connection.TARIFF AND DUTY RATESDuties and taxes which are applicable to imported goods consist of:1. Import duty, the rate varies according to the kind of goods imported with a range from 0to 170%.2. Value added tax (VAT) with a rate varies from 0 to 10%,3. Sales Tax on Luxurious Goods (STLG) are either 10%, 20%, 35%, 40% or 50% depending onthe kind of goods4. Income Tax (PPh) is 2.5% for a registered importer and 7.5% for an unregistered importer.Assesment of import duties and taxes are based on Cost Insurance Freight (CIF) method.Payment of import duties and taxes mentioned above, shall be done through a foreign exchange bank or via a Customs Service Office during office hours before Customs or import Declaration is submitted. At Tanjung Priok Seaport and Soekarno-Hatta Airport where EDI (Electronic Data Interchange) system is fully implemented, payment of import duties and taxes shall be paid through electronic transfer.For goods classification purposes, since January 1, 1989 Indonesian Customs has implemented a Tariff Schedule which is based on the Harmonized Commodity Description and Coding System (HS). Under the latest revision (HS 1996 version), Indoneisan Tariff Schedule consists of rules of interpretation, 21 sections, 97 chapters, 5,113 subheadings (6-digits code) and 7,214 national tariff lines (9-digits code).Indonesian Customs & Excise acceded to the HS Convention on May 28, 1993.VALUING YOUR PRODUCTSAny person who will import goods may file the tariff classification determining on imported goods prior to the lodgement of the Customs Declaration with form Pre-Entry Classification (PEC) only to the Director General of Customs and Excise (DG). PEC have a binding strength law while the imported good have type and specification to appropriate with the tariff classification determinationBased on the Indonesian Customs Law, the Customs value shall be determined as follows:1. The Customs value of imported goods shall be the transaction value, that is the price actuallypaid or payable for the good when sold or export to the country of importation adjusted inaccordance with the provision of article 8 agreement on Implementation of article VII of theGeneral Agreement on Tariffs and Trade 1994.2. If the Customs value of the imported goods cannot be determined under the transaction valuemethod, then the Customs value shall be the transaction value of identical goods.3. If the Customs value of the imported goods cannot be determined under all mentioned abovemethods, then the Customs value shall be the transaction value of similar goods.4. If the Customs value of the imported goods cannot be determined under all mentioned abovemethods, then the Customs value shall be based on a deductive method5. If the Customs value of the imported goods cannot be determined under all mentioned abovemethods, then the Customs value shall be based on a computed method6. If the Customs value of the imported goods cannot be determined under all mentioned abovemethods, then the Customs value shall be determined by using reasonable means consistentwith the principles and the provisions mentioned under point 1 to 5 above on the basis ofavailable data in the Customs Territory subject to certain limitations.UNIMPOSITION, EXEMPTIONS, RELIEF AND REFUND OF THE IMPORT DUTYImport Duties shall not be imposed on goods brought into the Customs Territory for transit or transhipment. In principle, goods from outside Customs Territory are subject to the Import Duties at the time such good are brought into Customs Territory. Considering that these goods are not intended to be imported for home use, the Import Duties are not imposed.Exemptions of the Import Duty shall be granted for import of:∙goods of foreign countries representatives and their officials who work in Indonesia under reciprocal principles∙goods for international bodies and their officials who work in Indonesia∙goods and materials to be processed, assembled, or installed on other goods destined for export∙scientific books∙goods donated for public worship, charity, social, and cultural purposes∙goods for museum, zoo, and other similar public places∙goods for research and scientific purposes∙goods for the blinds and other disables∙weapons, ammunition, and other military equipment, including spare parts for the national defense and security∙goods and materials used to produce other goods for the national defense and security∙samples of no commercial value∙coffins or other containers containing corpses or ashes of corpses∙removal goods∙goods brought by passengers, crews of means of transport, border crossers, and consignments of a certain Customs value and/or a certain numberExemption or relief of the Import Duty may also be granted for im port of:1. machinery for the establishment and development of industry2. goods and materials for the establishment and development of industry for a specified period oftime3. equipment and substances used to prevent environmental pollution4. seeds and breeding animals for the establishment and development of agricultural industry,animal husbandry, or fishery5. marine products caught by licensed hauling vessels6. goods exported to undergo repair, processing, or testing7. goods re-imported in the same state8. goods which are naturally damaged, decreased in quality, destroyed or decreased in volume orweight occurred between the time of transportation on the Customs Territory and the time ofimport approved for home use9. human therapeutic substances, blood grouping and tissue typing reagents10. goods by the Government for public purposes11. goods for temporary admissionThe provisions on exemptions, relief and refund shall be further regulated by the Minister of Finance. It should be noted that any person who does not comply with the provisions of the exemption and/or relief of the Import Duties by virtue of Indonesian Customs Law, whenever causing loss of the government revenue, shall be subject to an administrative fine of one hundred percent.Refund of the Import Duty may be carried out in a whole or in a part of the duty paid for, interalia:a. excess payment of the Import Duties, for example an excess payment resulted from Customsdetermination of tariff classification, or an excess payment caused by an administrative errorb. excess payment of the Import Duty as a result of the decision of the appeal institutionCLEARING IMPORTSImported goods are not legally entered until the vessel has been arrived in the Customs Territory. Prior to the arrival of the aircraft or vessel, the shipping agent should submit a Notice of Estimated Time of Arrival to Customs. Upon the arrival of the vessels, the master or the agent is obliged to lodge a General Declaration in the form of a Manifest covering all cargoes and supplies on board to the Customs Service Office, not later than 24 hours after the arrival.Imported goods are allowed , commencing from the date of unloading. If the goods are not yet released within a period of more 30 (thirty) days as of the date their storage in the temporary storag e, they will be regarded as unclaimed goods. If the unclaimed goods are not yet released within a period of more than 60 days, Customs is empowered to sell such goods by auction.The proceeds of the auction are used to cover import duties, taxes and accrued charges. The balance of the process of the auction shall become state property if it is not taken by the owner within the period of 90 (ninety) days as the date of notification letter. If it is not claimed by them, the balance will be appropriated for the state revenue.Goods may be declared by the importer, or the customs broker on his behalf. In order to obtain release of imported goods for home use, the declarant must perform as follows:1. carry out the import declaration and pay import duty and taxes at the bank or customs office2. submit import declaration, the security and other supporting documents to Customs.3. submit complementary customs documents and securityDeclaration must be made on an import declaration forms called "Declaration of Importation of Goods" ( PIB ) in which several important information submitted by declarant, such as name & address of exporter; name, address & status of importer; name & address of declarant; name of the vessel; description of goods; value of the goods; etc.In four main ports (Tanjung Priok I, II, III and Soekarno-Hatta I-II), the declaration should be submitted and processed electronically through the EDI (Electronic Data Interchange) system, while in the other ports it may be done manually or in diskettes media.By the maximum of 4 (four) hours, importers shall get decision from customs of the PIB which has been submitted, whether the PIB is rejected or received and determining the clearance channel. Customs should give the argument of rejection in the Rejection Note.Physical inspection or examination will be conducted by Customs at the port of destination in Indonesia, and as mentioned above, will only be performed based on a very selective basis (through determination of red or green channels). With regard to physical inspection, it shall be carried out in the following cases:∙there are intelligence information determined by computer∙temporary admission goods∙re-imported goodsTo facilitate physical inspection, Customs Service office at Tanjung Priok Jakarta and Tanjung Perak Surabaya use the Hi Co Scan X-Ray Container. Customs officials can decide if physical inspection is needed or not by translating the Scanner image of that such apparatus.Imported goods may only be released from the Customs area after the Customs formalities have been fulfilled and the approval from the Customs official has been obtained.In case of a tariff misclassification or miscalculation on import declaration occurred, the goods can still be released though the shortage of import duties and taxes due on such importation as a result of such mistakes is not paid yet. This is on the condition that such a shortage has to be paid within 30 (thirty) days from the date of the letter of payment shortage declaration of import duties from the date of Reassessment Note issued on such an import declaration.CLEARING EXPORTThe document for export is called Declaration of Exportation of Goods (PEB). The exporter or Customs broker on his behalf, must submit export declaration and they are responsible for the accuracy of the particulars given in the declaration and the completeness of its supporting documents.Declaration of Exportation of Goods (PEB) shall not be required by Customs for certain exports activities, for example goods taken out by passengers and crew of means of transport, border crossers, vehicles which are using international document (ATA Carnet, TRIPTIEK, CPD Carnet) consignments by PT Pos Indonesia which are using Declaration En Douane (CN 23).Basically, for export there should be only documentary examination carried out by Customs. Physical examination will be performed by Customs only in the very special circumstances, as the following cases :1. Customs fraud2. Temporary exportation/importation3. Fraud in VAT (Value Added Tax) and Sales Tax on Luxurious Goods (STLG)4. Exportation of goods which are subject to Export Tax (PE)5. Exportation of goods which are using drawback system facilities (BAPEKSTA facility)Cases arising from condition 4 above are inspected by a government appointed surveyor.Customs examination shall be performed at the Customs area, at the exporter’s premises or other location used to store export goods. Surveyor examination shall be performed at any place beyond customs area which is determined by exporter.GOODS WITH PROHIBITIONS, CONTROLS, AND RESTRICTIONSGoods which are prohibited and restricted from being imported or exported to or from Indonesian territory without the approval of respective authorities :1. Hazardous articles and substances such as narcotics and dangerous drugs, flammable,poisons, oxidators, radioactives etc.;2. Explosive goods/materials; all types and sizes of fireworks;3. Fire-arms and parts thereof and its ammunitions; airgun; spring-gun or gas-operated-gun;4. Imitation of firearms;light or signal/alarm pistols including parts thereof;5. Books and certain printed materials (such as books, magazines, leaflets, brochures,newspapers written in Chinese characters and languages; all kind of printed materials inIndonesian language/dialects);6. Audio/video records in any medias; transceiver equipment; cordless telephone ortelecommunication equipment; color photocopy machine and parts thereof;7. Certain plant species are prohibited for import, such as quinine, orchids; endangered species ortheir by-products; certain kind of fish are prohibited to export, such as Sidat breed (Anguila sp.) , Panacidae shrimp (Panasidae sp) etc.8. Unregistered food & beverages; ready made medicines produced abroad;9. Products of certain goods which are prohibited for export, such as product rubber lumps,unprocessed hides and raw skin of cow; rattan & rattan core etc.;10. Pesticides such as DDT and penrachlorophenol and its salts11. Dangerous waste, such as scraps & corrosive iron or steel;12. Goods of cultural, archaelogical and or historical value;13. Other fauna - flora under CITES14. Ozone depleting substance and goods containing ozone depleting substance such as freon forair conditioner or refrigerator with a chemical structure CFC-11, CFC-12 and CFC-13.15. Certain amount of Rupiah in cashTEMPORARY ADMISSIONThe objective of applying importation is to provide a facility for importation of goods for specific purpose, for temporary use and at the time of importation, it is obvious that the goods will be exported.Based on Indonesian Customs Law, there are two categories of temporary importation. The first one is temporary importation in which exemption of import duties is given, while the second is temporary importation in which the relief of import duties payment is given.The first category consist of :Goods for display/exhibition;1. Goods to be used for seminars and the like; goods to be used for public entertainment purposesetc.2. Goods to be used for public entertainment purposes3. Goods to be used by experts, for research, educational, religious, and cultural purposes, and formaking film/movies4. Container used to transport goods repeatedly5. Samples, models or molds6. Articles to be used for games7. Vehicles or means of transport used for tourists’ own purposes8. Articles to be used for oil drilling operation9. Articles to be repaired, reconditioned, modified, tested or maintained10. Live animals for publics entertainment, training, breed or the like.In the second category of temporary importation are :∙imports of articles to be used in working projects not including the types of goods that the exemption is given, and∙imports of articles to be used for production purposes or domestic transportation.The security with the amount of duties and taxes due has to be deposited for temporary import of which the exemption of import duties is given at the time of entry. For temporary importation, having relief of payment of import duties, they have to pay 2% of import duties and taxes each month for the period of its use.Any person who does not re-export the temporarily admitted goods within a specified period permitted shall be subject to pay import duties and taxes on their importation and an additional administrative fine of 100% of import duties and taxes due.OBTAINING REFUNDS/ DRAWBACKS ON YOUR DUTY PAYMENTDrawback facility is only granted for the producer-exporters that use imported supporting materials needed for the production of export products. To access this facility prior to importation, theproducer-exporters should file an application for exemption of import duties to the Board of Export Facilitation and Financial Data Processing of the Ministry of Finance (BAPEKSTA-KEUANGAN).The application should be accompanied by a statement ensuring that there is a correlatio n between the imported supporting materials and the products for export. If the application is approved, then the producer-exporters should submit a bank security or surety bond and a five year record of detailed accounts and notes of exemptions of import duties.The import duties of the bank guaranty which have already been paid or placed at the time of importation by the producer-exporters will be refunded or returned if they are able to prove that the product, in which imported supporting materials embodied, has already been exported.LICENSES/ BONDED WAREHOUSESBased on Indonesian Customs Law, a bonded storage means an area, a place, or a building, a place or an area that meets certain requirements used to store, to process, to display, and/or to pro vide for sale, goods for which the import duties are deffered in which under specified conditions may be designated :1. to store goods that will be imported for home use or for re-export;2. to store and/or process goods prior to export or to import of goods for home use;3. to store or display goods; or4. to store, provide for sale and sell imported goods to particular people.The main purpose of the establishment of the Bonded Storage is to facilitate business community with an opportunity to defer payment of the import duties, while at the same time they can keep, store, exhibit, sell, pack, re-pack, and/or process goods originating from outside the Customs Territory without prior being charged with the import duty. It also aimed to ensure the expeditious flow of goods on exportation and importation as well as to increase of domestic production in the framework of promoting development and growth of national economy.With the approval from the Customs Official, goods may be released from the Bonded Storage to be imported for home use, or to be further processed, or to be exported before or after processing, or to be transported to another Bonded Storage or Temporary Storage.Released of goods for home use shall be subject to the Import Duty on the basis of the effective tariff at the time of importation for home use and on the basis of Customs value at the time the goods are brought into the Bonded Storage.CLEARANCE FOR PASSENGERPassengers including air/ship crew members entering Indonesian Customs Territory have to submit Customs Declarations provides by Customs Service Office in the port of entry. Our Customs entry point implements the dual channel system for passenger clearance, that is the "red channel" and the "green channel". Declarations to be submit ted shall contain description of passenger’s good carried upon.Within the meaning of passenger’s goods are :1. Goods carried in a single journey; and2. Goods or baggage arriving within 3 months after the passenger’s arrival (un-accompaniedbaggage).Passe nger’s goods can be categorized into :1. Passenger’s goods which are exempted from customs duties and other import duties/taxesconsist of :Personal effects normally needed during their trip or purchased abroad such as clothes, shoes, wrist-watch oro bags at a value not exceeding FOB US$ 250.00 per passenger or a maximum FOB US $ 1.000,00 per family and US $ 50.00 per air/ship crew member.o Cigarettes not exceeding 200 rolls or 50 rolls of cigars or 100 grams of sliced tobacco, and alcoholic beverages not exceeding one litre per adult person.o Cameras, video cameras, radios or portable radio tape recorders, binoculars and sport equipment in reasonable amounts needed by foreign tourists during their stay inIndonesia.Passengers which are carrying the above mentioned items may clear Customs through the"green channel".In this channel, there will be no Customs inspection, but Customs may also select passengers from this channel for examination.2. Passenger’s goods which are subject to customs duties and othe r import duties/taxes.Goods shall be subject to Custom Duties and other import duties/taxes if its value exceeds the amount as specified in point no. 1 above. Passengers of this category shall follow the "redchannel" for Customs clearance purposes.In order to maintain the stability of Rupiah bank notes and supervising the circulation of money, bringing out or into the territory of Republic of Indonesia is drew up as follows:∙Bringing a total of not more than Rp 5,000,000 in free∙Bringing more than Rp 5,000,000 should carry out the Rupiah bank note Declaration stated by Bank Indonesia∙Bringing more than Rp 10,000,000 should have the letter of permission from Bank IndonesiaWithout the prior approval of the authorized institutions, the following items are prohibited for importation into Indonesian Territory : narcotics, fire-arms/air-guns/spring guns, ammunition, light-signal pistols, explosive materials, transceivers, cordless telephones, colour photocopy machines, pornographic goods/publications, printed matters using Chinese characters and Chinese medicines etc. Its also should be noted that audio or video materials recorded in any media should be censored by the appropriate authorities prior to being imported.HIGHLIGHTS OF SPECIFIC FACILITESPre-NotificationImporters may submit Import Declaration (PIB) prior to the arrival of the means of transport enclosed with a copy of facsimile of AWB and/or House AWB (HAWB). B/L and/or House B/L (HB/L) of imported goods legalized by the carrier. The service of PIB may be performed according to the provision on clearance of imported goods.Rush-HandlingImporters/customs brokers may release certain imported goods by using complementary customs documents along with the security to obtain rush-handling facility.Clearance of imported goods using rush-handling facility may only be carried out for:a. Organ of human body, i.e. kidney, eye(s), blood;b. Corpses and ashes of corpses;c. Goods which may damage the environment, i.e. goods containing radiationd. Live animal;e. Live plant;f. Time-sensitive newspapers, magazines;g. Documents handled by courier service;h. Other goods, because of its nature, shall be cleared using rush-handling facility. The goodsshall be approved by the Director-General of Customs and Excise.Importers/customs brokers shall submit definitive PIB (Pemberitahuan Import Barang = Import Declaration), according to the procedures in order to get determination of green channel without issuing SPPB (Surat Pemberitahuan Pengeluaran Barang = Notification of Release of Goods), 7 (seven) workingdays at the latest since the date of clearance of the imported goods to enable them to withdraw the security. In case this obligation cannot be fulfilled, the security may be cleared and rush-handling facility for the importers/customs brokers shall be terminated.Clearance of Imported Goods Using Deferred Payment FacilityClearance of imported goods using deferred payment facility of import duty, excise and taxes may be carried out for the following goods:a. Imported by importers using periodic payment facility;b. Of urgent development project;c. Of emergency prevention, i.e. natural disaster;d. Which will be granted exemption of import duty and/or taxes before its decision has been issuedFor the necessity of the clearance of imported goods, importers/customs brokers shall use PIB along with the security or complementary customs documents.Importers/customs brokers shall submit definitive PIB, according to the procedures in order to get determination of green channel without issuing SPPB, on the due date of determination at the latest.Unloading and Storage of Imported Goods in Places other than in Customs Area and Temporary Storage (TPS)Unloading and storage of imported goods in places other than in Customs Area and TPS may be conducted after obtaining approval from Head of Customs Service Office.Physical Inspection of Imported Goods in the Importer PremisesPhysical inspection of imported goods in the importer premises may be performed provided that the importer has received approval to store the imported goods in such places.Pre-inspection and Sampling for Making PIBPre-inspection and sampling for making PIB may be performed if the importer finds difficulties in determining classification and/or assessing customs value as a basis for assessment of import duty, excise and taxes. The difficulties may arise from the unclear explanation and/or details of customs value and/or quality of goods in the complementary customs documents.In order to get approval for pre-inspection and sampling, the importers may file a written request to Head of Customs Service Office.Periodic PaymentHead of Customs Service Office may grant periodic payment facility to the importers by way of deferring payment of import duty, excise and taxes of imported goods in a certain period of time. The importer shall。

印度尼西亚税收指南2024

印度尼西亚税收指南2024
印度尼西亚税收指南2024
2024年的印度尼西亚税收是一个值得赞赏的例子，因为它提供了一
个全新的个人所得税的财税政策。

印尼的政府认识到，促进可持续的经济
增长及改善其国民的生活，提高税收的效率是所以不可或缺的一环。

印度尼西亚的个人所得税系统分为旧制和新制，旧制以月度支付为主，而新制则采取比例制，前者为4%-30%，后者为5%-30%。

新制还增加了家
庭所得税和财产税，它们能更有效地收取税收，从而为国家财经创造更多
收入。

此外，印度尼西亚政府还实施了一些其他的税收政策，以促进投资环
境的发展。

其中包括减税支出，以及增加投资者资格等。

通过这样的税收
政策，印度尼西亚政府不仅可以节省财政支出的开支，而且还可以收集到
更多的税收，从而促进国家的发展与繁荣。

此外，印度尼西亚政府还开发了一个电子政务系统，通过它可以更轻
松地查看其税收状况，以及纳税人的基本信息，从而降低办税的难度。

总之，印度尼西亚2024年的税收政策是一个值得称赞的例子，它展
示出政府在税收领域的努力。

在未来，印尼政府还将不断完善其税收政策，以促进税收收入的增加，提高社会发展水平。

税法英语

我国29个税种的英文名称value added tax 增值税business tax 营业税consumption tax 消费税enterprise income tax 企业所得税customs tax 关税individual income tax 个人所得税resource tax 资源税urban and township land use tax 城镇土地使用税city maintenance and construction tax 城市维护扩建税farmland occupation tax 耕地占用税land appreciation tax 土地增值税stamp tax 印花税vehicle acquisition tax 车辆购置税deed tax 契税fuel tax 燃油税security transaction tax 证券交易税social security tax 社会保障税house property tax 房产税slaughter tax 屠宰税urban real estate tax 城市房地产税inheritance tax 遗产税banquet tax 筵席税vehicle and vessel usage tax 车船使用税vehicle and vessel license plate tax 车船使用牌照税vessel tonnage tax 船舶吨税agriculture tax 农业税animal husbandry tax 牧业税income tax on foreign enterprises and enterprises with foreign investment 外商投资及外国企业所得税fixed assets investment orientation regulation tax 固定资产投资方向调节税。

印尼个人所得税算法

印尼个人所得税算法
个人所得税算法
年总收入（包括月工资+加班+补贴等） --> A
保险公司支付部分 --> B
保险个人支付部分 --> C
个人所得税算法：小孩个数N <=3
应税金额： XX
(A+B)*12 – 24,300,000
– (IF 已结婚 THEN 2,025,000 ELSE 0 END)
– (IF 有小孩THEN (2,025,00*N) ELSE 0 END)
– (IF (A+B+C)*12*5%>6,000,000 THEN 6,000,000 ELSE (A+B+C)*12*5% END)
XX<50,000,000
月度应交税额XX*5%
XX>50,000,000 and < 250,000,000
月度应交税额50,000,000*5%+( XX - 50,000,000)*15%
XX>50,000,000 and < 500,000,000
月度应交税额50,000,000*5%+200,000,000*15%+( XX - 250,000,000)*25%
XX>500,000,000
月度应交税额50,000,000*5%+200,000,000*15%+250,000,000*25%+( XX - 500,000,000)*30% 所得出结果再除以12就是当月应交税额。

如果新员工，按实际入职月份计算，不可再乘以12个月。

但如果员工离职，应再重新计算，可能会多扣除，可在报税时扣除。

印尼税法-程序法：英文版No.16.2000_procedurelaw

CONSOLIDATION OF LAW OF THE REPUBLIC OF INDONESIANUMBER 6 OF 1983CONCERNINGGENERAL PROVISIONS AND TAX PROCEDURESAS LASTLY AMENDED BY LAW NUMBER 16 OF 2000CHAPTER IGENERAL PROVISIONSArticle 1For the purpose of this law, the meaning of:1. Taxpayer is any individual or entity who or which, pursuant to the provisions in the tax law, is required tofulfill tax obligations, including withholding agent of certain taxes.2. Entity is a group of people and or capital that forms a unity that either conducts business or not, includingcorporation, limited partnership, state or local-owned enterprise in whatever name and form, firma, kongsi, cooperative, pension fund, partnership, association, foundation, public organization, social and political organization, or any similar organization, institution, permanent establishment, and any other form of entity.3. Firm is an individual or entity in whatever form which in the course of business or work produces product,imports product, exports product, conducts trade, utilizes intangible goods from outside the Customs Area, renders services, or utilizes services from outside the Customs Area.4. Taxable Person for Value Added Tax (VAT) purposes is a firm referred to in point 3 (three) supplyingTaxable Goods and or rendering Taxable Services as stipulated on the VAT Law of 1984 and its amendment except for Small-sized firm the definition of which is set by a decree of the Minister of Finance, who does not elect to be confirmed as Taxable Person for VAT Purposes.5. Taxpayer Identity Number is a number issued to a Taxpayer as means of taxation administration which isused as a personal identity or Taxpayer identity in conducting his taxation rights and obligations.6. Taxable Period is equal to one calendar month or any other period that does not exceed 3 (three) calendarmonths as stipulated by a decree of the Minister of Finance.7. Taxable Year is a calendar year unless a Taxpayer adopts an accounting year, which is different from thecalendar year.8. Fraction of a Taxable Year is part of one Taxable Year period.9. Tax payable is tax, which must be paid at a time, within a Taxable Period, a Taxable Year, or a Fraction of aTaxable Year in accordance with the provisions of the tax laws.10. Tax Return is a document used by a Taxpayer to report the calculation and or payment of taxes, taxableobject and or non-taxable object and or assets and obligations pursuant to the provisions of tax laws.11. Periodic Tax Return is a Tax Return for a particular Taxable Period.12. Annual Tax Return is a Tax Return for a particular Taxable Year or Fraction of a Taxable Year.13. Tax Payment Slip is a document used by a Taxpayer to pay or remit tax payable to the State Treasurythrough post office and or state-owned bank or local-owned bank or such other place of payment as may be stipulated by a decree of the Minister of Finance.14. Notice of Tax Assessment is a notice of assessment, which can be Notice of Tax UnderpaymentAssessment, Notice of an Additional Tax Underpayment Assessment, Notice of Tax Overpayment Assessment, or Notice of Nil Tax Assessment.15. Notice of Tax Underpayment Assessment is a notice of tax assessment that specifies a principle amount oftax payable, amount of tax credit, a principle amount of underpayment tax payable, amount of administrative penalties, and total of tax indebtedness.16. Notice of an Additional Tax Underpayment Assessment is a notice of tax assessment that specifies anadditional amount of tax payable over previously issued tax assessment.17. Notice of Tax Overpayment Assessment is a notice of tax assessment that specifies an amount of taxoverpayment as a result of higher taxes credit than the tax payable or which should not have been payable.18. Notice of Nil Tax Assessment is a notice of tax assessment that specifies the principle amount of taxpayable is as much as the amount of tax credit or there is no tax payable and no tax credit.19. Notice of Tax Collection is a notice for the imposition and collection of tax and or administrative penalties inthe form of interest and or fines.20. Coerce Warrant is an order to pay tax payable and tax collection expenses.21. Tax Credit for VAT Purposes is creditable Input Taxes minus pre-audit refund of overpayment creditableVAT or minus compensated VAT, which may be deducted from the tax payable.22. Tax Credit for Income Tax purposes is Income Tax paid by the Taxpayer himself plus the principle amountof tax payable as a result of unpaid or under paid Income Tax for effective year as specified in the Notice of Tax Collection plus any Income Tax withheld or collected, plus any tax on income paid or payable abroad, minus pre-audit refund of tax overpayment, which may be deducted from the tax payable.23. Independent personal services are services performed by an individual having special expertise in order toearn income without any employment relationship.24. Audit is a series of activities to find, collect, and process data and or other information in order to assess taxcompliance and other objectives may necessary for complying with the provisions of the tax laws.25. Tax Bearer is an individual or entity responsible for tax payment, including a representative who exercisesthe rights and fulfils the obligations of a Taxpayer pursuant to the provisions of the tax laws.26. Bookkeeping is a process of orderly recording of financial data and information including assets, liabilities,equity, income and expenses, and acquisition cost and sales of goods or services resulting a financial report in the form of a balance sheet and profit and loss statement at the end of each Taxable Year.27. Verification is a series of actions undertaken to evaluate completeness of information and attachment of aTax Return, as well as the writing and calculation accuracy.28. Investigation on tax crime is a series of activities conducted by Tax Investigator to find and collect evidencein order to uncover a criminal offence in the field of taxation and to find the suspect.29. Notice of Tax Correction is a notice for correcting errors in writing, calculation, and or errors in theapplication of particular provisions of the tax laws found in a notice of tax assessment, Notice of Tax Collection, Decision on Objection, Decision on Deduction or Annulment of Administrative Penalties, Decision on Deduction or Cancellation of Inaccurate Tax Assessment, or Decision on Pre-audit Refund of Tax Overpayment.30. Decision on Objection is a decision on an objection requested by Taxpayer in respect of a notice of taxassessment or withholding by a third party.31. Decision on Appeal is a decision of a tax court on an appeal against Decision on Objection as requested bya Taxpayer.32. Decision on Pre-audit Refund of Tax Overpayment is a notice used to determine the amount of a pre-auditrefund for particular Taxpayers.Elucidation of Article 1Sufficiently clearCHAPTER IITAXPAYER IDENTIFICATION NUMBER,CONFIRMATION OF TAXABLE PERSON FOR VAT PURPOSES,TAX RETURN, AND TAX PAYMENT PROCEDURESArticle 2(1) Every Taxpayer shall be obliged to register at the office of the Directorate General of Taxes in the districtwhere the Taxpayer resides or domiciles and deserves a Taxpayer Identification Number.(2) Every Taxpayer as a firm which is taxable under the VAT Law of 1984 and its amendments shall be obligedto report its business activities to the office of the Directorate General of Taxes in the district where the Taxpayer resides or domiciles and where the business activity is carried out, to be confirmed as a Taxable Person for VAT Purposes.(3) The Director General of Taxes may determine:a. an office for registration and or for reporting a business activity other than those referred to in paragraph(1) and (2),b. for specific individual Taxpayers, a place of registration at the office of the Directorate General of Taxeswhose jurisdiction covering the location where the business is carried out, in addition to the registration obligation to the tax office referred to in paragraph (1).(4) The Director General of Taxes may issue a Taxpayer Identification Number and or to confirm a firm as aTaxable Person for VAT Purposes ex-officio in case a Taxpayer or Taxable Person for VAT Purposes does not fulfill the obligations referred to in paragraph (1) and or paragraph (2).(5) A period for registration and reporting and the procedures for registration and confirmation, referred to inparagraph (1), (2), (3), and (4), including the termination of Taxpayers Identification Number and or the annulment of Confirmation of Taxable Person for VAT Purposes is governed by a decree of Director General of Taxes.Elucidation of Article 2Paragraph (1)Under the “self-assessment” system, every Taxpayer shall register by himself to the office of the Directorate General of Taxes to obtain a Taxpayer Identification Number.The obligation to register is also applied for a married woman who is taxed individually and separately because she lives apart from her husband pursuant to a court order or the couple wish for the separation of income and wealth.A Taxpayer Identification Number is an administrative instrument for identifying a Taxpayer; therefore toeach Taxpayer shall only be issued single Identification Number. In addition, the Taxpayer Identification Number is also used to ensure orderliness of tax payment and of the tax administration supervision. A Taxpayer must declare his Taxpayer Identification Number related to tax documents. In case a Taxpayer fails to register and obtain a Taxpayer Identification Number he shall be subject to penalties in accordance with the tax law and regulations.Paragraph (2)Every Taxpayer qualified as Taxable Person according to the Value Added Tax (VAT) Law of 1984 and its amendment, must report his business activities to be confirmed as a Taxable Person for VAT Purposes.Individual firm must report his business activities at the office of Directorate General of Taxes whose jurisdiction includes the Taxpayer’s residence and the location where the Taxpayer’s business activity is carried on. Whereas, an entity firm shall report its business activities at the office of the Directorate General of Taxes whose jurisdiction includes the domicile of the firm and the location where the activity of the business is carried on.In case an individual or an entity whose business activities is located in several jurisdiction, he is obliged to report his activities to be confirmed as a Taxable Person for VAT Purposes not only at the tax office whose jurisdiction covers the Taxpayer’s residence or domicile but also at the tax office whose jurisdiction covers the location where the Taxpayer’s business activities is carried on.The confirmation as a Taxable Person for VAT Purposes is useful not only for recognizing the correct identification of the Taxpayer but also for fulfilling rights and obligations for Value Added Tax and Sales Tax on Luxury Goods as well as in the supervision of tax administration.A firm, which qualified as a Taxable Person for VAT Purposes but fails to report his business activities forconfirmation as a Taxable Person for VAT Purposes shall be subject to penalties in accordance with the tax laws.Paragraph (3)For certain Taxpayers and Taxable Person for VAT Purposes, the Director General of Taxes may stipulate offices of the Directorate General of Taxes other than those referred to in paragraphs (1) and (2) as the place for reporting and obtaining a Taxpayer Identification Number and or confirmation as a Taxable Person for VAT Purposes.In addition, for a certain individual firm Taxpayer, i.e. an individual Taxpayer whose business spread in several location such as an electronics retailer whose stores located in several shopping centers, he is obliged to report his business activities not only at the office of the Directorate General of Taxes whose jurisdiction includes the location where the business activities are conducted but also at the office of the Directorate General of Taxes whose jurisdiction includes the location where the Taxpayer is resided. Paragraph (4)In case a Taxpayer or Taxable Person for VAT Purposes fails to register and or report his business activities, he may be assigned a Taxpayer Identification Number and or confirmed as a Taxable Person for VAT Purposes by the Director General of Taxes ex-officio. The authority may be exercised if the Director General of Taxes possesses or obtains information indicating the individual or the entity in question is qualifying for Taxpayer Identification Number or the firm is qualifying to be confirmed as a Taxable Person for VAT Purposes.Paragraph (5)The obligation to register to obtain a Taxpayer Identification Number and to report a business to be confirmed as a Taxable Person for VAT Purposes is subject to time limit since this is related to the date of the taxes payable and the obligation to impose tax payable. Application for revoking a Taxpayer Identification Number and or to annulling the confirmation of Taxable Person for VAT Purposes shall be concluded within 12 (twelve) months since the date of submission of a complete application.A regulation concerning the due date for registration and for reporting, the procedures for issuing or revokinga Taxpayer Identification Number and the confirmation as and annulment of a Taxable Person for VATPurposes, shall be stipulated by a decree of the Director General of Taxes.Article 3(1) Every Taxpayer shall be obliged to complete its Tax Return in Indonesia Language, Latin alphabet, Arabicnumerals, and Rupiah currency, and to sign and file it to the district tax office where the Taxpayer registers or confirms.(1a) A Taxpayer which has obtained a permission from the Minister of Finance to use foreign language and non-Rupiah currency in its Tax Return, shall file its Tax Return in Indonesia Language and the currency other than Rupiah as permitted, as regulated by a decree of the Minister of Finance.(2) A Taxpayer referred to in paragraph (1) and paragraph (1a) shall obtain a Tax Return form by himself, atthe locations as specified by the Director General of Taxes.(3) Due date for filing a Tax Return shall be:a. For a Periodic Tax Return, is 20 (twenty) days after the end of a Taxable Period;b. For an Annual Tax Return, is 3 (three) months after the end of the Taxable Year.(4) On the request of a Taxpayer, the Director General of Taxes may extend the period for filing an Annual TaxReturn referred to in paragraph (3) subparagraph b for no longer than 6 (six) months.(5) The request referred to in paragraph (4) shall be in writing accompanied by a statement estimating theamount of tax payable for a Taxable Year and proof of settlement of the tax payable.(5a) In case of failure to file any Tax Return on the due date referred to in paragraph (3) or in case of the Annual Tax Return having extended filing period on the due date referred to in paragraph (4), Letter of Reprimand shall be issued.(6) The form and content of the Tax Return and the required information and or documents attachment shallbe stipulated by a decree of the Minister of Finance.(7) A Tax Return shall be considered not filed if it is not signed referred to in paragraph (1), or not fullyaccompanied by the information and or documents referred to in paragraph (6).(8) Certain Income Tax of Taxpayers as stipulated by a decree of the Minister of Finance may be exemptedfrom the obligation referred to in paragraph (1).Elucidation of Article 3Paragraph (1)For a Taxpayer for income tax purposes, a Tax Return is functioning as an instrument for reporting and accountability for the calculation of tax payable and for specifying:- payment of tax by the Taxpayer himself and or through withholding by another party in a Taxable Year or a Fraction of Taxable Year;- income that is taxable object and or non-taxable object;- assets and liabilities;- payment by withholding agent on withholding of tax from other individuals or entities in a Taxable Period, as stipulated by the applied tax laws.For a Taxable Person for VAT Purposes, a Tax Return is functioning as an instrument for reporting and justifying for the calculation of Value Added Tax and Sales Tax on Luxury Goods actually payable and for specifying:- crediting of Input Tax against Output Tax;- paying by the Taxable Person for VAT Purposes itself and or withheld by another party in a Taxable Period, as prescribed by the applied tax law regulation;- for a Withholding Agent, a Tax Return is functioning as an instrument for reporting and justifying for the tax,which has been withheld, and remitted.Completing a Tax Return means completing a Tax Return correctly, truthfully, and completely in accordance with prescribed manuals based on the provisions in the applied tax law and regulation.Completing a Tax Return incorrectly which resulting in underpayment of tax will be subject to penalties in accordance with the tax laws.Paragraph (1a)Sufficiently clear.Paragraph (2)For the purpose of servicing and facilitating Taxpayers, Tax Return forms are made available at the offices of the Directorate General of Taxes, and in other places, which are readily accessible to Taxpayers as stipulated by the Director General of Taxes.Paragraph (3)This paragraph prescribes the due date for filing a Tax Return, which are considered adequate for a Taxpayer to make all preparations necessary connected with tax payment and closing his bookkeeping.Certain Taxpayers as stipulated by a decree of the Minister of Finance are permitted to file one Periodic Tax Return for several Taxable Periods.Paragraph (4)If a Taxpayer, whether an individual or an entity, cannot prepare or complete an annual financial report or a balance sheet and an income statement within the time limit prescribed in paragraph (3) subparagraph b due to the scale of business activities and technical problems in completing the foregoing reports or so that he has difficulties to comply it within the time limit and he needs to extend the due date the Taxpayer may request an extension of the due date for filing an Annual Income Tax Return. The due date for filing an Annual Income Tax Return can be extended for no more than 6 (six) months.Paragraph (5)To prevent tax avoidance and or extension of the due date for payment of tax payable within a Taxable Year which is payable before the due date for filing an Annual Tax Return, it is necessary to enact a requirement resulting an administrative penalties in the form of interest for Taxpayer wishing to extend the due date for filing an Annual Income Tax Return.For the requirement, the Taxpayer has to submit a written statement based on the tentative calculation estimating the tax payable for a Taxable Year, as an attachment of the request for the extension the due date for filing the Annual Income Tax Return.Paragraph (5a)In order to build up the character of Taxpayer, for a Taxpayer who fails to file a Tax Return on or before the due date, a Letter of Reprimand shall be issued.Paragraph (6)Considering the functions of a Tax Return as an instrument for every Taxpayer to report and justify for the calculation of his tax payable and the payment thereof, in order to standardize and simplify the completion and the administration, the form and contents of a Tax Return shall be stipulated by a decree of the Minister of Finance.An Annual Income Tax Return at least should contain the amount of turnover, gross income, Taxable Income, tax payable, tax credits, and the amount of tax underpayment or overpayment, as well as assets and liabilities other than those used by business activities or independent personal services for individual Taxpayers.Taxpayers who is required to maintain bookkeeping shall also be obliged to attach financial statement in the form of balance sheet and income statement, as well as other information required to calculate the amount of Taxable Income.A Periodic Value Added Tax Return at least should includes the amount of the Tax Base, Output Tax,creditable Input Tax, and the amount of tax underpayment or overpayment.Certain information and documents, among other things, power of attorney, declaration for separation of wealth and income between married couple, imports or exports document, and Tax Remittance Slips must be attached to the Tax Return.Paragraph (7)A signed Tax Return and its attachments constitute a single document that ensures the validity of the TaxReturn. Therefore, if a Tax Return is filed without accompanied by a complete set of the required attachments, the Return will be deemed not filed.Paragraph (8)In principle, every Income Tax Taxpayer is obliged to file a Tax Return. For the efficiency or other considerations reasons, the Minister of Finance may exempt certain Income Tax Taxpayer from the obligation to file a Tax Return; for instance, an individual Taxpayer who receives or accrues income less than the personal exemptions, yet due to certain matters of interest is obliged to obtain Taxpayer Identification Number.Article 4(1) Taxpayers shall fill out, file, and sign a Tax Return correctly, completely, and clearly.(2) In case a Taxpayer is an entity, the Tax Return must be signed by any member of the management or boardof directors.(3) In case a Tax Return is completed and signed by other than the Taxpayer, a power of attorney must beattached.(4) The Annual Income Tax Return of Taxpayers which are obliged to maintain bookkeeping must beaccompanied by financial statements in the form of balance sheet and income statement as well as other information required to calculate the amount of Taxable Income.(5) Procedure and administration of Tax Return are regulated under a decree of the Minister of Finance. Elucidation of Article 4Paragraph (1)Sufficiently clear.Paragraph (2)Sufficiently clear.Paragraph (3)Sufficiently clear.Paragraph (4)Sufficiently clear.Paragraph (5)The procedures of receiving and administering Tax Return include, among others, examination of completeness, issuance of a receipt, classification of overpayment, underpayment, or nil Tax Returns, recording procedure and the follow-up process, stipulated by a decree of the Minister of Finance.Article 5In certain cases, Director General of Taxes may appoint a place for filing Tax Return other than place referred to in paragraph (1) of Article 3.Elucidation of Article 5Sufficiently clearArticle 6(1) A Tax Return filed directly by a Taxpayer at the office of the Directorate General of Taxes shall be stampedwith the date of receipt by an official designated for that purpose; while for an Annual Tax Return directly filed, an Annual Tax Return filing receipt shall be given.(2) The filing of a Tax Return may be sent through registered mail of the post office or by such other means asregulated by a decree of the Director General of Taxes.(3) The registered mail proof and date of dispatch of a Tax Return filed referred to in paragraph (2) as long asthe Tax Return has been completed shall be considered as Annual Tax Return filing receipt and date of receipt.Elucidation of Article 6Paragraph (1)Sufficiently clear.Paragraph (2)In order to improve services to Taxpayers, and in line with the advancement of information technology, alternative methods to enable Taxpayers to fulfill the obligation of filing Tax Returns other than by registered mail through the post office may be introduced. Such other methods shall be stipulated by a decree of the Director General of Taxes.Paragraph (3)The registered mail proof and date dispatch of a Tax Return filed through post office is deemed a receipt, provided that the Return concerned is complete, namely, in compliance with the requirements as stipulated in paragraphs (1), (1a), and (6) of Article 3.Article 7(1) In case a Tax Return is not filed within the time limit referred to in paragraph (3) of Article 3 or within theextended filing time limit referred to in paragraph (4) of Article 3, an administrative penalty of Rp50,000.00 (fifty thousand rupiahs) fine for a Periodic Tax Return and Rp100,000.00 (one hundred thousand rupiahs) fine for an Annual Tax Return shall be imposed.(2) The administrative penalty in the form of fine referred to in paragraph (1) does not apply for certain Taxpayerstipulated by a decree of the Minister of Finance.Elucidation of Article 7Paragraph (1)For the properly tax administration purposes and to persevere discipline of the Taxpayers, any Taxpayer fails to file his Tax Return before or on the due date will be subject to an administrative penalty in the form of Rp50,000.00 (fifty thousand rupiahs) fine for a Periodic Tax Return and Rp100,000.00 (one hundred thousand rupiahs) fine for an Annual Tax Return.Paragraph (2)The Minister of Finance has the authority to stipulate certain Taxpayers, such as a Non-Effective Taxpayer and an individual Taxpayer whose net income less than personal exemptions, to be exempted from administrative penalties as prescribed under paragraph (1).Article 8(1) A Taxpayer may amend a filed Tax Return voluntarily by submitting written statement, within two years fromthe end of a Taxable Period, Fraction of a Taxable Year, or a Taxable Year, provided that the DirectorGeneral of Taxes has not commenced an audit.(2) In case a Taxpayer voluntarily amends a filed Tax Return which is resulting an increasing of the tax payable,the Taxpayer shall be subject to an administrative penalty of 2% (two percent) interest per month, based on the underpaid tax, calculating from the due date for filing the Tax Return up to the date of payment the underpaid tax arising from the correction of the Tax Return.(3) Even though an audit has been performed, provided an investigation has not been conducted ondeficiencies committed by a Taxpayer referred to in Article 38, there shall be no investigation on the erroneous of the Taxpayer as long as the Taxpayer voluntarily discloses the erroneous and pays any underpaid tax along with an administrative penalty in the form of fine as much as twice the amount of the underpaid tax.(4) Even though the period for correcting a Tax Return referred to in paragraph (1) has been elapsed, providedthat the Director General of Taxes has not issued a notice of tax assessment, a Taxpayer may voluntarily disclose any deficiency in its filed Tax Return on a separate report, which causes:a. increase of the tax payable; orb. decrease of the tax losses; orc. increase of the total assets; ord. increase of the total equity.(5) Any underpaid tax arising from the disclosure of erroneous in completing a Tax Return referred to inparagraph (4) along with an administrative penalty in the form of increment of 50% (fifty percent) of the amount of tax underpaid shall be paid by the Taxpayer before submission of the above report.(6) Even though the period for correcting a Tax Return referred to in paragraph (1) has been elapsed, providedthat the Director General of Taxes has not conducted an audit, a Taxpayer may amend the filed Annual Income Tax Return within 3 (three) months after Decision on Objection or Decision on Appeal of previously years tax assessment when the Taxpayer accepts the decision stating the amount of fiscal loss is different from the amount in the tax assessment being objected or appealed.Elucidation of Article 8Paragraph (1)Any error in a filed Tax Return done by a Taxpayer may be corrected by the Taxpayer voluntarily within 2 (two) years since the end of a Taxable Period, Fraction of a Taxable Year or a Taxable Year, provided that the Director General of Taxes has not commenced an audit. Commencing an audit means a date when an Audit Notification Letter is given to the Taxpayer, or his representative, or the person having authorization, or the official, or received by the adult member of the Taxpayer’s family.Stipulation of a due date for the correction of a Tax Return is considered, on the one side, to provide sufficient time for a Taxpayer himself to review and amend a Tax Return that contains error and deficiencies and, on the other side, to give sufficient time for the Director General of Taxes to provide appropriate services and to supervise the correction filed by the Taxpayer before the elapsing of the due date for correcting a Tax Return.Paragraph (2)The voluntary correction of a Tax Return may results the calculation of tax payable and tax paid will be different from the original amount.Any tax underpayment resulting from the above correction will be subject to an administrative penalty of 2% (two-percent) interest for each month.The interest on the underpayment tax will be calculated since the due date for filing a Tax Return up to the payment of the underpayment due to the correction.Paragraph (3)Even though an audit to a Taxpayer has been carried out, so long as an investigation has not been commenced, he will not be investigated provided that he has both disclose his error and paid fully the tax actually payable plus an administrative penalty which is 2 (two) times the amount of tax underpaid.If, however, an investigation has commenced and has been notified to the Public Prosecutor, the Taxpayer has no opportunity anymore for voluntary amendment.Paragraph (4)。

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CONSOLIDATION OF LAW OF THE REPUBLIC OF INDONESIA NUMBER 7 OF 1983CONCERNING INCOME TAX AS LASTLY AMENDED BY LAW NUMBER 17 OF 2000CHAPTER 1GENERAL PROVISIONArticle 1Income tax shall be imposed on any taxable person in respect of income during a taxable year.Elucidation Article 1This Law regulates income tax imposition on Taxable Persons in relation to income received or accrued in a taxable year. Taxable Person will be subject to tax if that person receives or accrues income. A Taxable Person who derives income is called a Taxpayer under this law. A Taxpayer is taxed on the income received or accrued during a taxable year or a fraction of a taxable year, if the tax obligations commence or end in a taxable year. The term a taxable year under this law means a calendar year. However, a Taxpayer may use an accounting year which is different from the calendar year insofar as the accounting year has the period of 12 (twelve) months.CHAPTER IITAXABLE PERSONArticle 2(1) Taxable person consists of:a. 1) an individual;2) an undivided inheritance as a unit in lieu of the beneficiaries;b. an entity;c. a permanent establishment.(2) Taxable person comprises of resident and non-resident Taxpayer.(3) The term “resident Taxpayer” means:a. an individual who resides in Indonesia or is present in Indonesia for more than 183 (one hundred andeighty-three) days within any 12 (twelve) month period, or an individual who in particular taxable year is present and intends to reside in Indonesia;b. an entity established or domiciled in Indonesia;c. an undivided inheritance as a unit in lieu of the beneficiaries.(4) The term “non-resident tax payer” means:a. an individual who does not reside in Indonesia or is present in Indonesia for not more than 183 (onehundred and eighty-three) days within any 12 (twelve) month period, and an entity which is not established or domiciled in Indonesia conducting business or carrying out activities through a permanent establishment;b. an individual who does not reside in Indonesia or is present in Indonesia for not more than 183 (onehundred and eighty-three) days within any 12 (twelve) month period, and an entity which is not established or domiciled in Indonesia deriving income from Indonesia other than from conducting business or carrying out activities through a permanent establishment.(5) A permanent establishment shall be an establishment used by an individual who does not reside or ispresent in Indonesia for not more than 183 (one hundred and eighty-three) days within any 12 (twelve) month period, or by an entity which is not established or domiciled in Indonesia in the form of, among others:a. a place of management;b. a branch;c. a representative office;d. an office;e. a factory;f. a workshop;g. a mining and extraction of natural resources, drilling used for mining exploration;h. a fishery, animal husbandry, farm, plantation or forestry;i. a construction, installation or assembly project;j. the furnishing of services through employees or other personnel, if conducted for more than 60 (sixty) days within 12 (twelve) month period;k. an individual or an entity acting as a dependent agent;l. an agent or employee of an insurance company that is not established or domiciled in Indonesia if it collects premiums or insures risk in Indonesia.(6) The residence of an individual or the domicile of an entity shall be determined by the Director General ofTaxes according to the real situation.Elucidation Article 2Paragraph (1)The term “Taxable Person” includes an individual, an undivided inheritance as a unity, an entity, and a permanent establishment.Subparagraph aAn individual as a Taxable Person may reside or stay in Indonesia or outside Indonesia. An undivided inheritance as a unity constitutes substitute to Taxable Person, substituting those who have the right thereof, namely the heirs/heiresses. The purpose of designating an undivided inheritance as a substitute Taxable Person is to allow DGT to collect tax originating therefrom.Subparagraph bAs provided in Law on General Provisions and Tax Procedures, the term entity is defined as a group of persons and/or capital as a unity whether or not it conducts business or activity, including limited companies, limited partnerships, other types of companies, state-owned or local government-owned enterprises in whatever name, firma, kongsi, cooperative, pension fund, partnership, association, foundation, public organization, social-political organization or similar organization, institution, permanent establishment and other forms of entities including investment fund. Under this law (see sub-paragraphc), permanent establishment is treated as a special taxable person, separated from an entity. Therefore,despite the similarity of its treatment with an entity, for Income tax purposes, a permanent establishment has a special status and is not included in the term of an entity.State or local government-owned enterprises constitute Taxable Persons irrespective of the name and the form, thus any unit within the government organizations, such as an institution and an entity owned by the government, which conducts businesses or activities to derive income, constitutes a Taxable Person.Particular units of government organizations do not constitute Taxable Persons if the following criteria are met:1) They are established based on regulating laws.2) Their funding is from State or Local Government Budget.3)Their earnings are included in State or Municipal Budget; and4)Their books are audited by Government’s Auditor.As a Taxable Person, an investment fund, established as limited company or other forms, is included in the term of an entity.The term “association” includes commercial association, union, society, or association of parties having the same interests.Subparagraph cSee the provision in paragraph (5) and the elucidation thereof.Paragraph (2)The term Taxable Person comprises Resident Taxable Person and Non-resident Taxable Person. A Resident Taxable Person constitutes a Taxpayer if he derives income that exceeds personal exemption, whereas a Non-resident Taxable Person promptly constitutes a Taxpayer due to the income derived from sources in Indonesia, or through a permanent establishment in Indonesia. In other words, a Taxpayer shall be an individual or an entity who/which has already met subjective and objective obligations. In connection with the Taxpayer Identification Number, an Individual Taxpayer receivingincome less than personal exemption is not necessary to register himself to obtain a Taxpayer Identification Number.Principal differences between Resident and Nonresident Taxpayers are in the manner they fulfill their tax obligations, among others are as follows:a. A Resident Taxpayer is taxed on his income derived from Indonesia and abroad, whereas a Non-resident Taxpayer is taxed only on the income originating from sources in Indonesia.b. A Resident Taxpayer is taxed based on the net income with a general rate, whereas a Non-residentTaxpayer is taxed based on the gross income with an appropriate rate.c. A Resident Taxpayer is obliged to submit an Annual Tax Return as a means to assess his taxobligation in a taxable year, whereas a Non-resident Taxpayer is not, because his tax obligation arefulfilled through withholding tax, which is final in nature.Non-resident Taxpayers doing business or conducting activities through a permanent establishment in Indonesia are equivalent with Resident Taxpayers in the manner of the fulfillment of their taxation as regulated in this Law and The Law on General Provisions and Tax Procedures.Paragraph (3)Subparagraph aIn principle, an individual who constitutes a Resident Taxpayer is an individual residing or staying in Indonesia. Included in the term “individuals residing in Indonesia” are those who have the intention to reside in Indonesia, the determination of which shall be considered based on the facts and circumstances.To meet the criterion of “present in Indonesia for more than 183 (one hundred and eighty-three) days”, an individual does not have to be consecutively present. It shall be determined by the total number of days the said individual is in Indonesia within a period of 12 (twelve) months since his/her arrival in Indonesia.Subparagraph bSufficiently clear.Subparagraph cAn undivided inheritance inherited by an individual as a Resident Taxable Person shall be assumed as a Resident Taxable Person under this Law. To meet the taxation obligations thereof, the said undivided inheritance substitutes the obligations of the heirs/heiresses who have the right thereof. If the said undivided inheritance has already been distributed, than the taxation obligation thereof shall be transferred to the heir/heiresses.An undivided inheritance inherited by an individual as a Non-resident Taxable Person not doing business or conducting activities through a permanent establishment in Indonesia is not assumed as a substitute to the Taxable Person because the tax imposition on income derived by the said individual shall be inherent to the objectParagraph (4)Subparagraphs a and bA Nonresident Taxable Person is an individual or entity residing or domiciled outside Indonesia, whoderives income from Indonesia, through or not trough a permanent establishment. An individual not residing in Indonesia, but staying in Indonesia for less than 183 (one hundred and eighty-three) days within a period of 12 (twelve) months, is a Nonresident Taxable Person.If the income is derived through a permanent establishment, the individual or entity is taxed through the permanent establishment with respect to the income derived and the individual or entity shall maintain the status of Nonresident Taxable Person. Therefore the permanent establishment substitutes the individual or entity as Nonresident Taxable Person in fulfilling the taxation obligation in Indonesia.In the case that the income is derived not through a permanent establishment, the tax is imposed directly to the Nonresident Taxable Person.Paragraph (5)A permanent establishment contains the concept of the existence of place of business, namely facilities thatmay be in the form of lands and buildings, including machinery and equipment.The place of business is permanent in nature and used to carry out the business or to conduct the activities of an individual not residing or an entity not established and domiciled In Indonesia.The concept of permanent establishment also includes individuals or entities as agents the positions of which are not independent, acting for and on behalf of an individual or entity not residing or domiciled in Indonesia. An individual not residing or an entity not established and not domiciled in Indonesia can not be assumed to have a permanent establishment in Indonesia if the individual or the entity, in conducting his/its business or activities in Indonesia uses an agent, broker or intermediary who have independent status, provided that the agent, broker or intermediary in reality fully acts in the framework of carrying out his own business/activities.An insurance company established or domiciled outside Indonesia is deemed to have a permanent establishment in Indonesia, if it collects insurance premium in Indonesia or bears risk in Indonesia through employees, representatives or agents in Indonesia. Bearing risk in Indonesia shall not mean that the event causing the risk occurs in Indonesia. Due regard being had to the fact that the insured party shall reside, stay or domicile in Indonesia.Paragraph (6)The determination of an individual’s residence or an entity’s domicile is important to ascertain which Tax District Office shall have the taxation jurisdiction on the income derived by the individual or entity.Basically, an individual’s residence or an entity’s domicile shall be determined based on the facts and the circumstances. Therefore the determination of a residence or a domicile shall not only be based on formal condition, but shall also on the reality.Several matters necessarily considered by the Director General of Taxes in determining the residence of an individual or the domicile of an entity among others are the domicile, residential address, residence of the family, the place to conduct the main business, or other essential matters to facilitate the implementation of the tax obligation fulfillment.Article 2A(1) Tax obligations of an individual referred to in paragraph (3) subparagraph a of Article 2, shall commence atthe time the individual is born, is present, or intends to reside in Indonesia and shall cease at the time such person passes away or leaves Indonesia permanently.(2) Tax obligations of an entity referred to in paragraph (3) subparagraph b of Article 2, shall commence at thetime the entity is established or domiciled in Indonesia and shall cease at the time the entity is dissolved or is no longer domiciled in Indonesia.(3) Tax obligations of an individual or an entity referred to in paragraph (4) subparagraph a of Article 2, shallcommence at the time the individual or the entity starts its business or engages in activities referred to in paragraph (5) of Article 2 and shall cease at the time the businesses or activities through a permanent establishment are terminated.(4) Tax obligations of an individual or an entity referred to in paragraph (4) subparagraph b of Article 2, shallcommence at the time the individual or the entity derives income from Indonesia and shall cease at the time the individual or the entity no longer derives such income.(5) Tax obligations of an undivided inheritance referred to in paragraph (1) subparagraph a. point 2) of Article 2,shall commence at the time the undivided inheritance starts to exist and shall cease at the time the inheritance is divided.(6) In case tax obligations of an individual who resides or is present in Indonesia consist only a fraction of ataxable year, such fraction shall be treated as a taxable year.Elucidation Article 2AIncome Tax constitutes a subjective tax the obligation of which is inherent to the Taxable Person concerned, which means that the said tax obligation is intended not to be shifted to another Taxable Person. Therefore, in the framework of providing legal certainty, the stipulation of the starting and ending moment of subjective tax obligation is important.Paragraph (1)The subjective tax obligations of an individual residing in Indonesia shall commence at the time he is born in Indonesia. For an individual staying in Indonesia for more than 183 (one hundred and eighty-three) days within a 12 (twelve) months, his tax obligation commences on the first day he is in Indonesia. The subjective tax obligation ends at the time he passes away or permanently leaves Indonesia.The term “permanently leaves Indonesia” is based on real facts at the moment the said individual leaves Indonesia. If at the time he leaves Indonesia, there is a strong fact evidencing his wish to leave Indonesia forever, at that moment he is no longer a Resident Taxable Person.Paragraph (2)Sufficiently clear.Paragraph (3)For individuals not residing in Indonesia and staying in Indonesia for no longer than 183 (one hundred and eighty-three) days, and entities not established and not domiciled in Indonesia, but doing business or carrying out activities in Indonesia through a permanent establishment, the subjective tax obligations shall commence at the time the permanent establishment exists in Indonesia and ends at the time the permanent establishment is no longer in Indonesia.Paragraph (4)An individual not residing in Indonesia or staying in Indonesia for no longer than 183 (one hundred and eighty-three) days, and an entity not established or domiciled in Indonesia and not doing business or conducting activities through a permanent establishment in Indonesia shall be a Nonresident Taxable Person as far as the individual or the entity has an economic relationship with Indonesia. An economic relationship with Indonesia is assumed to exist if the individual or entity derives income originating from sources in Indonesia.The subjective tax obligations of the said individual or entity shall commence at the time the individual or entity has an economic relationship with Indonesia, namely deriving income from sources in Indonesia, and shall end at the time the individual or entity no longer has any economic relationship with Indonesia.Paragraph (5)The subjective tax obligation of an undivided inheritance shall commence at the time of the emergence of the undivided inheritance, namely at the time the predecessor passes away. Afterwards, the fulfillment of the taxation obligation thereof shall be inherent to the said undivided inheritance. The subjective tax obligation of the said undivided inheritance should end at the time the undivided inheritance is distributed to the heirs.Subsequently, the fulfillment of the tax obligations thereof shall be transferred to the heirs.Paragraph (6)It may occur, that an individual becomes a Taxable Person not for a full one taxable year, for instance an individual who commences to become a Taxable Person in the middle of a taxable year, or who permanently leaves Indonesia in the middle of a taxable year. The period which is less than one taxable year is called a fraction of a taxable year, which substitutes the taxable year.Article 3Taxable person referred to in Article 2 does not include the following:a. A diplomatic mission;b. The officials of diplomatic and consular mission or other foreign officials and individuals who work for andstay with them at their official residence, provided they are not Indonesian citizens, nor receive or accrue income other than from the performance of their official duty in Indonesia, and the foreign state grantsreciprocal treatment;c. International organizations as determined by Minister of Finance Decree provided that:1) Indonesia is a member of the international organization;2) they do not conduct business or engage in other activities to derive income in Indonesia, exceptproviding loan to government the fund of which comes from member contribution;d. The officials of the international organization representative as determined by Minister of Finance Decree,provided they are not Indonesian citizens and do not conduct business or engage in activities or other employment to derive income in Indonesia.Elucidation Article 3Subparagraphs a and bIn accordance with the international custom, a foreign representative organizations, as well as diplomatic, consular and other officials, shall be exempted from the definition of a Taxable Person at the place where they represent their country.The exemption of those officials as Taxable Persons shall not be in affect if they earn income outside from their official duties, or if they are Indonesian citizens.Therefore, if a foreign representative official earns income in Indonesia other than income from normal duties, then he shall be a Taxable Person, who can be taxed on the said other income.Subparagraph c.Sufficiently clear.Subparagraph d.Sufficiently clear.CHAPTER IIITAXABLE OBJECTArticle 4(1) Taxable Object is income, defined as any increase in economic capability received or accrued by aTaxpayer, originating from Indonesia as well as from offshore, in whatever name or form, that can be used to consume or to increase the wealth of the Taxpayer, including:a. compensation or other remuneration received or accrued in respect of employment or service such assalary, wage, allowance, honorarium, commission, bonus, gratuity, pension or other remuneration, except where stipulated otherwise in this law;b. lottery prizes or gifts in respect of employment or other activities and awards;c. business profit;d. gains from the sale or transfer of property, including:1) gains from the transfer of property to a corporation, a partnership, and other entities in exchange forshares or capital contribution;2) gains accrued by a corporation, a partnership or other entities from the transfer of property to itsshareholders, partners or members;3) gains from a liquidation, merger, consolidation, expansion, split-up or acquisition;4) gains from the transfer of property in the form of grant, aid or donation, except when given torelatives within one degree of direct lineage, or to religious, educational or other social entities orto small businesses including cooperatives as determined by Minister of Finance, provided that twoparties do not have any business relation, ownership nor control;e. refunds of tax payments already deducted as expenses;f. interest, including premiums, discounts and compensation for loan repayment guarantees;g. dividends, in whatever name and form, including dividends paid by an insurance company topolicyholders and the distribution of net income by a cooperative;h. royalties;i. rents and other income from the use of property;j. annuities;k. gains from discharge of indebtedness, except up to a certain amount stipulated by Government Regulation;l. gains from foreign exchange;m. gains from revaluation of assets;n. insurance premiums;o. contribution received or accrued by an association from its members who are Taxpayers engaged in business or independent services;p. an increase in net wealth from income which has not been taxed.(2) The imposition tax on interest income on deposits and other savings, on income from transaction of sharesand other securities at the stock exchange, and on income from the alienation of property in the form of land and or buildings and other specific income shall be stipulated by Government Regulation.(3) There shall be excluded from taxable object:a. 1) aid, donation, including zakat received by amil zakat board or other amil zakat institutions establishedor approved by the government and eligible zakat recipients;2) gifts received by relatives within one degree of direct lineage and by religious, educational or socialorganizations, or by small businesses including cooperatives determined by the Minister of Finance;provided that there is not any business, work, ownership nor control relationship between the parties concerned;b. inheritances;c. assets including cash received by an entity referred to in paragraph (1) subparagraph b of Article 2, inexchange for shares or capital contribution;d. consideration or remuneration in the form of benefits in kinds in respect of employment or servicesreceived or accrued from a Taxpayer or the Government;e. payments by an insurance company to an individual in connection with health, accident, life, or educationinsurance;f. dividends or distribution of profit received or accrued by resident limited corporations, cooperatives,state-owned companies, or local state-owned companies through ownership in enterprises established and domiciled in Indonesia, provided that:1) dividends are paid out from retained earnings;2) limited corporations and state owned companies and local state-owned companies receiving thedividends must own at least 25% of the total paid-in capital and must have an active business in addition to the ownership;g. contribution received or accrued by a pension fund approved by the Minister of Finance either paid by anemployer or an employee;h. income from capital investment of the pension fund referred to in sub paragraph g in certain sectors asdetermined by the Minister of Finance Decree;i. distribution of profit received or accrued by a member of a limited partnership whose capital does notconsists of shares, partnership, association, firma, or kongsi;j. interest on bonds received or accrued by an investment fund company for the first five years beginning from the establishment of the company or the granting of business license;k. income received or accrued by a venture-capital company in the form of profit distribution of a joint-venture company established and conducting business or engaged in activities in Indonesia, provided that:1) the investee is a small or medium-sized enterprise or engaged in activities in business sectorsdetermined by the Minister of Finance Decree; and2) the investee’s shares are not traded in the stock exchange in Indonesia.Elucidation Article 4Paragraph (1)This law adheres to the principle of taxation on income in a broad meaning, in a sense that the tax shall be imposed on any increase in economic capability received or earned by a Taxpayer from whatever source and which can be used for consumption or for increasing the wealth of the Taxpayer.The meaning of income in this Law shall not be concerned about whether the income exists from certain source, but whether the increase of economic capability exists. The said increase received or earned by a Taxpayer constitutes the best measure of the capability of the Taxpayer to participate in sharing the burden of expenditure needed by the government for routine and development activities.From the standpoint of flow of the increasing of economic capability to the Taxpayer, income could be classified into:- income from work in connection with employment and independent work, such as salary, honorarium, income derived by a physician, notary, actuary, accountant, lawyer, et cetera- income from conducting business and activities- income from capital in the form of movable or immovable property, such as interest, dividend, royalty, rent, gain on sales of property, or rights not used for the business, et cetera- other income, such as discharge of indebtedness, gift, et cetera.From the standpoint of the utilization thereof, income may be used for consumption or put into savings to increase the wealth of a Taxpayer.Because this Law adheres to the concept of income in a broad meaning, all types of income received or earned in a taxable year shall be combined to establish a basis for tax imposition. Therefore, if in a taxable year a business or an entity suffers a loss, the said loss may be compensated with other income (horizontal compensation), except if the loss is incurred abroad. However, if a type of income is taxed with a rate which is final in nature or is exempted as a Taxable Income, then the said income shall not be combined with other income, which are imposed with the general tax rate.The examples of income referred to in these provisions are intended to clarify the concept of income in a broad meaning, which is not limited to the examples.Subparagraph a.All considerations or remuneration in connection with employment, such as wages, salaries, life insurance and health insurance premium paid by an employer, or compensation in any other form, shall be Taxable Income.The term “compensation in another form” shall include benefit in kind, which essentially constitutes an income.Subparagraph b.The term “gift” shall include prizes from lotteries, work, and activities, such as the prize in a saving lottery, the prize of sport competition, et cetera.Referred to as awards shall be compensation granted in connection with certain activities, such as compensation received in connection with archaeological founding.Subparagraph c.Sufficiently clear.Subparagraph dIf a Taxpayer sells property at a price higher than the book value, or at a price higher than the acquisition cost or value, the difference in price is regarded as profit. If the sale of such property occurs between a company and its shareholders, the sale price shall be used as the basis for calculation of profit is the market price.Example: PT 'S' owns a car used for business activities with a book value of Rp40,000,000.00 (forty million rupiahs). The car is sold based on the market price of Rp60,000,000.00 (sixty million rupiahs).The profit earned by PT 'S" on the sale of the car is Rp20,000,000.00 (twenty million rupiahs). If the car is sold to one of the shareholders for Rp50,000,000.00 (fifty million rupiahs), the sale value of the car shall still be calculated on the basis of market price of Rp60,000,000.00 (sixty million rupiahs). The Rp20,000,000.00 (twenty million rupiahs) difference is profit to PT 'S', while for the shareholder purchasing the car, the difference of Rpl0,000,000.00 (ten million rupiahs) counts as income.If an entity is liquidated, profit from the sale of property, namely the difference between the sale price based on market price and the book value, will be regarded as taxable income. Similarly, the positive difference between market price and book value in the case of a liquidation, merger, consolidation, expansion, split up or acquisition constitute income.If there is a transfer of property in exchange for shares or capital participation, any profit in the form of difference between the market price of the property transferred and the book value constitutes income.。