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Taxation in Indonesia 

General Indonesia Tax Provision 

Taxpayers consist of individuals and business entities, which are subject to taxation forming to conduct tax payment, collection, and withholding, as well as having tax rights and obligations under Indonesian taxation laws.  Tax subjects, whether individuals or business entities contain domestic tax subject, who accrue income derived from Indonesia or outside Indonesia,  and foreign tax subject, who accrue income derived from Indonesia.  The said tax subject can be further elaborated with the following graphic below:

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Tax Subject
Source: Art. 3 jo. Art. 4 DGoFR No. 43/2011.

Indonesian tax law applies the self-assessment principle, where tax subjects as taxpayers are entrusted to self-assess their tax obligations.  Therefore, taxpayers are required to submit tax returns annually or periodically based on their autonomy. However, the DGT is authorized to exercise tax examination towards the submitted tax return,  thus, penalty imposition may incur due to the tax law violation and tax underpayment findings upon the tax return submission. Therefore, along with the tax return submission obligation, taxpayers shall also prepare and store proper bookkeeping in Indonesia for at least 10 years, including all supporting documents that form the basis for accounting records.  Otherwise, tax law violation findings upon the tax return submission may not arise from the tax examination if the tax return submission is in accordance with laws. Herewith, the result of a tax examination of the law-ordered tax return submission that may arise, as follows (a) tax overpayment assessment letter, a decision in which the tax credit or tax payment exceeds the payable tax,  and (b) tax nil assessment letter, a decision in which the tax credit or tax payment is equal to the payable tax. 
Whereas, under Indonesian tax laws, taxation consists of income tax, value-added tax (“VAT”), luxury-goods sales tax (“LST”), carbon tax, and regional taxes, which the overview thereof will be further elaborated below.

Income Tax

Income tax is imposed on income accrued by tax subjects namely, individuals, persons, and business entities, whether as a domestic or foreign tax subject, during a tax year.  Tax subject of income tax subject consists of domestic and foreign tax subjects likewise to the abovementioned in Point. 17.1. However, such individuals or business entities are considered as non-tax subject and shall not imposed by income tax if meet the following criteria: 

  • representative offices of foreign countries;

  • officials of diplomatic representatives and consulates or other officials from

  • foreign countries and persons seconded to them who work for and reside with them if they are not Indonesian citizens and in Indonesia do not receive or obtain income outside their position or work and the country concerned provides reciprocal treatment;

  • international organizations if Indonesia is a member of the organization, and the organization does not carry out business or other activities to obtain income from Indonesia; and

  • representative officials of international organizations, if they are not Indonesian citizens and do not carry out business, activities, or other work to obtain income from Indonesia.
     

Income Tax Rate

Whereas, the Indonesian Government has consistently applied changes in tax rates from year to year, whether increasing or reducing, both in connection with income accrued by individuals or business tax subjects. For individuals, the comparison of the applied and previous income tax rate imposition is demonstrated in the following taxable income brackets table below:

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Comparison of Taxable Income Brackets and Tax Rates for Individuals
Source for in 2021: Art. 17 (1) (a) Law No. 7/1983.

Subsequently, changes in tax rate apply to income accrued by domestic business entities and permanent establishments can be seen below:

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Comparison of Tax Rate for Tax Subject of Business Entities and Permanent Establishments
Source for in 2022: Art. 17 (1) (b) Law No. 7/1983.

Moreover, there is a 3% (three percent) reduction from the 22% (twenty-two percent) rate for tax-subject of domestic business entities that are in the form of a public company with a total number of paid-up shares traded on the stock exchange in Indonesia of at least 40% (forty percent) and fulfill the following requirements: 

  • shares must be owned by at least 300 (three hundred) parties;

  • each party may only own shares less than 5% (five percent) of the total issued and fully paid-up shares; and

  • must be a public company with a total number of paid-up shares traded on the stock exchange in Indonesia of at least 40% (forty percent) within 183 (one hundred eighty-three) calendar days in 1 (one) tax year.

Income Final Tax Rate

Aside from the income tax rate above, tax laws regulate income tax rates vary according to the activities that incur income, namely final income tax, which is imposed on the following income source: 

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Taxable Income

Taxable income is any income imposed by tax, which income means any additional economic ability received or obtained by the taxpayer, regardless of whether it originates from Indonesia or foreign countries, which can be used for consumption or increase wealth by name and in any form, including: 

  • reimbursement to or compensation for work or services including salaries, wages, allowances, honoraria, commissions, bonuses, gratuities, pensions, or other forms of compensation, including natural and/or enjoyment;

  • reimbursement or compensation about work or services received or obtained including salaries, wages, allowances, honoraria, commissions, bonuses, gratuities, pensions, or other forms of compensation including in kind and/or enjoyment, unless otherwise specified in the law;

  • prizes from sweepstakes or work or activities, and awards;

  • business profit;

  • profit due to the sale or transfer of assets;

  • Reception of tax payments that have been charged as expenses and additional tax refund payments;

  • interest including premiums, discounts, and rewards on account of guarantees of repayment of debt;

  • dividends by whatever name and in whatever form;

  • royalties or fees for the use of rights;

  • rents and other income in respect of the use of property;

  • receipt or acquisition of periodic payments;

  • gain on exemption from debt;

  • foreign exchange gains;

  • excess difference due to revaluation of assets;

  • insurance premium;

  • dues received or obtained by an association from its members consisting of

  • Taxpayers conducting business or independent work;

  • additional net worth derived from income that has not been taxed;

  • income from sharia-based business;

  • interest income; and

  • Bank Indonesia surplus.

Non-Taxable Income


Non-taxable income is any income accrued by tax subject, nonetheless not subject to taxation, including as follows: 
 

  • Assistance or contributions, including zakat (Islamic almsgiving), infaq (voluntary giving), and sedekah (charitable giving), received by zakat institutions or charitable institutions established or approved by the government, and received by eligible zakat recipients or mandatory religious contributions for followers of recognized religions in Indonesia, received by religious institutions established or approved by the government, and received by eligible contribution recipients, the terms of which are regulated by or based on government regulations;

  • Gifts received by immediate blood relatives within one degree of lineage, religious institutions, educational institutions, social institutions including foundations, cooperatives, or individuals engaged in micro and small businesses, as long as there is no relationship with businesses, employment, ownership, or control between the parties involved;

  • Inheritance;

  • Assets, including cash deposits, received by an entity as referred to in Article 2 (1) (b) Law No. 7/1983, as a substitute for shares or as a substitute for capital participation; 

  • Compensation or remuneration in connection with work or services received or obtained in the form of goods and/or services, including:​

  1. food, food ingredients, beverages, and/or drinks for all employees;

  2. goods and/or services provided in specific areas;

  3. goods and/or services that must be provided by the employer in the performance of work;

  4. goods and/or services funded by the States Revenue and Expenditure Budget;

  5. goods and/or services with specific types and/or limitations.​

  • Payment from insurance companies due to accidents, illness, or the death of the insured individual, and insurance payments for scholarships;

  • Dividends or other incomes with the following criteria:​

  1. Dividends obtained within the State by Indonesian individuals or Indonesian legal entities so long as such dividends were invested in The Republic of Indonesia;

  2. Dividends obtained from outside the State or income (after tax) from a permanent business establishment obtained by Indonesian Individuals or Indonesian legal entities so long as it is utilized to support business activities within the Republic of Indonesia for a period and fulfills the following criteria:

    • dividends and post-tax income from such investments amounting to at least 30% (thirty percent) of after-tax profits; or​​

    • dividends derived from foreign entities whose shares are not traded on the stock exchange are invested in Indonesia before The DGT issues a tax assessment letter for the dividends in connection with the implementation of Art.18 (2) Law No. 7/1983. 

  3. Dividends obtained from outside the State as mentioned in Point 7 are:

    • ​overseas companies whose stocks are traded in the Indonesian Stock Exchange;

    •  overseas companies whose stocks are not traded in the Indonesian Stock Exchange;

  4. In the case of dividends as referred to in Point c (ii) and post-tax income from a permanent establishment abroad as referred to in Point 7 is invested in the territory of the Republic of Indonesia is less than 30% (thirty percent) of the total after-tax profits as referred to in Point b (ii), the following shall apply:

    • dividends and post-tax income invested as mentioned in point 8 (b) are exempt from income tax;

    • the difference between 30% (thirty percent) of the after-tax profits minus dividends and/or post-tax income invested as referred to in letter (a) is subject to income tax; and

    • the remaining after-tax profits minus dividends and/or post-tax income invested as referred to in letter (a) and the difference as referred to in letter (b) are not subject to income tax.

  5. In the case of dividends as referred to in Point c (ii) and post-tax income from a permanent establishment abroad as referred to in Point 2 is invested in the territory of the Unitary State of the Republic of Indonesia by more than 30% (thirty percent) of the total after-tax profits as referred to in Point b (i), the following provisions shall apply:

    • dividends and post-tax income invested as mentioned in Point c (ii) are exempt from income tax;

    • the remaining after-tax profits minus dividends and/or post-tax income invested as referred to in number (i) are not subject to income tax;

  6. ​In the case of dividends originating from foreign entities whose shares are not traded on the stock exchange and are invested in Indonesia after the DGT issues a tax assessment letter for such dividends in connection with the implementation of Art. 18 (2) Law No. 7/1983 , the mentioned dividends are not exempt from Income Tax as referred to in Point. 

  7. The imposition of Income Tax on income from abroad not through a permanent establishment received or obtained by domestic corporate taxpayers or domestic individual taxpayers is exempted from Income Tax if such income is invested in the territory of the Republic of Indonesia for a specific period and meets the following conditions:

    • the income is obtained from active business activities abroad; and

    • it is not income from a company owned abroad.

  8. Income tax that has been paid or is due abroad on income as referred to in points (b) and (g), the following provisions apply:

    • it cannot be offset against the income tax due;

    • it cannot be charged as a cost or deduction from income; and/or

    • excess tax payments cannot be requested for a refund;

  9. If the taxpayer does not invest the income within a specified period as referred to in points (b) and (g), the following provisions apply:

    • the income from abroad is considered income for the tax year ut is obtained; and

    • the income tax that has been paid or is due abroad on such income is considered a tax credit as referred to in Art. 24 of law no. 7/1983.

  • Fees received or obtained by a pension fund whose establishment has been approved by the Financial Services Authority, whether paid by the employer or the employees;

  • Income from capital invested by pension funds as referred to in Point (8), in specific fields;

  • Share of profits or residual business results received or obtained by members from cooperatives, limited partnership companies, whose capital is not divided into shares, partnerships. Association, firms, and joint ventures, including holders of participation unites in collective investment contract;

  • Income received or obtained by venture capital companies in the form of profit shares form a business partner entity established and operating in Indonesia, provided that the business partner entity:

  1. is a micro, small, medium-sized enterprise, or engages in sectors regulated by or based on the MoFR; and

  2. Its shares are not traded on the Indonesian Stock Exchange;

  • Scholarships that meet certain criteria;

  • Surplus received or obtained by non-profit educational and/or research and development institutions, registered with the relevant authority, invested in the form of facilities and infrastructure for educational and/or research and development activities, for a maximum period of 4 (four) years from the date of receipt of such surplus;

  • Assistance or benefits paid by the Social Security Administrator to specific Taxpayers;

  • Deposits for the Costs of Hajj Implementation and/or Special Hajj Implementation, and income from hajj financial development in specific financial instruments or fields, received by the Hajj Financial Management Agency;

  • Surplus received or obtained by registered social and/or religious institutions, reinvested in the form of social and religious facilities and infrastructure for a maximum period of 4 (four) years from the date of receipt of such surplus, or placed as an endowment fund.

Implementation of Tax Income

In regards to the income tax rate and taxable income above, herewith, the following implementation provision of taxation thereof: 

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Sanctions related to Income Tax

Tax subject who accrues taxable income should comply with income tax laws, thus, the sanction shall arise from any income tax violation as follows:

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Value-Added Tax

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VAT Rate

VAT rate is currently 11% and will be increased to 12% by 1 January 2025 at the latest. This may be increased or decreased to 15% or 5% according to a Government Regulation. However, VAT on the export of taxable tangible and intangible goods as well as the export of services is fixed at 0%. Certain limitations for the zero-rated VAT apply to the export of services.  The VAT payable is calculated by multiplying the VAT rate with the selling price of taxable goods, compensation of taxable services delivery, export or import value, or other value. 

Implementation of VAT 

VAT due arises according to the occurrence of (1) delivery of taxable goods, (2) importation of taxable goods, (3) transfer of taxable services, (3) utilization of intangible taxable goods from the outside of customs area, (4) utilization of taxable services from the outside of customs area, (5) exportation of tangible taxable goods, (6) exportation of intangible taxable goods, and (7) exportation of taxable services.  However, in the event the payment is received before the occurrence of goods or services transfer, delivery, or utilization, VAT due arises when the payment is incurred. 

Sanctions related to Value-Added Tax

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LST Tax

In addition to VAT, deliveries, or imports of certain manufactured taxable goods may be subject to LST. A particular item will only attract LST once, and will be charged together with VAT either on importation of the goods or on delivery by the (resident) manufacturer to another party. Thus, transfer of goods categorized as luxury goods shall be imposed not only by VAT but LST as well. The implementation of LST, whether its withholding, collection, and payment provision, is according to VAT provision, and its realization shall be reported as well in a Periodic Tax Return every month. To ascertain whether a particular item is subject to LST and to identify the LST rate, a summary of the LST rates is set out below, among others: 

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LST Rates
Source: MoFR No. 141/PMK.010/2021 and MoFR 96/PMK.03/2021.

Carbon Tax

To achieve Indonesia’s pledge to reduce carbon emission, the Indonesian government will be imposing a carbon tax starting from April 2022.  The carbon tax would be levied on individuals and companies that primarily engage in carbon-emitting activities that harm the environment, including the sales and purchases of carbon-contained goods and other activities that majorly contributes to the nation’s gas emissions. 

According to Article 13 (8) and (9) Law No. 7/2021, the tax carbon rate is to be equivalent or even higher than market carbon prices per kilogram with the lowest threshold is at IDR 30.00 (thirty Rupiah) per kilogram equivalent CO2e. However, the Ministry of Finance has yet to regulate this tax carbon rate, calculation, collection, payment, and reporting mechanism set out by the law. 

Considering this taxation is relatively new, it will be implemented gradually according to Article 17 (3) Law No. 7/2021, starting from 1 April 2022 for coal-fired steam power plant (pembangkit listrik tenaga uap batubara) with a fixed rate of IDR 30.00 (thirty Rupiah) per kilogram equivalent carbon dioxide (CO2e) or other equivalent units.

 

Regional Tax

Regional Taxes is governed by Law Number 1 of 2022 on Financial Relations Between the Central Government and Regional Government (“Law No. 1/2022”). Regional Tax, is referred to as Tax, is a mandatory contribution to a Region which is owed by an individual or entity which is coercive in nature based on Laws, without obtaining any direct compensation and is used for needs of a Regional for the greatest prosperity of the people.  The summary of the tax rates under Law No. 1/2022 is as follows: 

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Regional Tax Rates
Source: Law No. 1/2022.

Legal Remedies

Objection

Taxpayers are entitled to submit objections to the DGT with the following reasons: (i) tax assessment letter of underpayment; (ii) additional underpaid tax assessment letter; (iii) non-paid tax assessment letter; (iv) tax assessment letter of overpayment; or (v) tax withholding or collection by a third party, in accordance with the provisions of taxation laws and regulations.  The objection must be submitted within 3 (three) months from the date of delivery of the tax assessment letter or from the date of tax withholding or collection, unless the taxpayer can demonstrate that the deadline cannot be met due to circumstances beyond his/her control.  Should the Taxpayer's objection be rejected or partially granted, the Taxpayer shall be liable to administrative sanctions in the form of a fine equal to 30% (thirty percent) of the tax amount as determined by the objection decision, minus any tax that has been paid prior to the filing of the objection.  

Considering this taxation is relatively new, it will be implemented gradually according to Article 17 (3) Law No. 7/2021, starting from 1 April 2022 for coal-fired steam power plant (pembangkit listrik tenaga uap batubara) with a fixed rate of IDR 30.00 (thirty Rupiah) per kilogram equivalent carbon dioxide (CO2e) or other equivalent units.

 

Appeal

If the Taxpayer initiates an appeal , the administrative sanction in the form of a fine of 30% (thirty percent) shall not be imposed.  If the appeal is rejected or partially granted, the Taxpayer shall be liable to an administrative sanction in the form of a fine amounting to 60% (sixty percent) of the outstanding tax, as determined by the appeal decision, reduced by any tax payments that have been made.  

Lawsuit

Taxpayers may also file a lawsuit to the DGT against: (i) the implementation of forced letter, order to execute seizure, or auction announcement, (ii) preventive decisions in the context if tax collection, (iii) decisions related to the implementation of taxation decisions, other than those stipulated in Art. 25 (1) and Art. 26 Law No. 6/1983, or the issuance of tax assessment letters or objection decision letters that, in their issuance, do not comply with the procedures or methods stipulated in tax legislation, may only be submitted to the tax court. 
The lawsuit must comply with the following requirements: 
 

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Judicial Review

In the event that the taxpayer or the DGT submits an application for judicial review, the enforcement of the tax court's decision shall not be delayed or terminated.  If the judgment of reconsideration leads to an augmentation in the accrued tax amount to be paid, an administrative sanction in the form of a fine equivalent to 60% (sixty percent) of the tax amount, based on the judgment of reconsideration, shall be levied. This fine will be mitigated by any tax payments made prior to the submission of an objection.  A request for judicial review may only be submitted based on the following grounds: 

  • if the decision of the tax court is based on a lie or deceit of the opposing party, discovered after the case has been decided, or is based on evidence later declared by the criminal judge to be false;

  • if there is new written evidence that is important and decisive, such that if known at the trial stage in the tax court, it would result in a different verdict;

  • if a matter that is not demanded or more than what is demanded has been granted;

  • if a part of the claim has not been decided without consideration of the reasons; or

  • if there is a decision that is manifestly not in accordance with the provisions of the prevailing applicable laws and regulations.

Referring to Article 27 Law No. 6/1983, when the tax authority issues a Letter of Underpayment or Surat Ketetapan Kurang Bayar, taxpayers are granted the right to challenge such findings by filling an objection to the DGT, appeal to the Tax Court, and submit a judicial review to the Supreme Court. Suppose the legal action results in a negative decision towards the plaintiffs, this will mean that the taxpayer cannot overturn the DJP’s audit result. In that case, the Tax Authority will impose a penalty from the total disputed tax amount. With the enactment of Law No. 7/2021, the penalty percentage per stage of the legal actions has been reduced to the following rate: 
 

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Changes to Penalty Percentage for Legal Actions taken Against DGT’s Audit
Source: Law No. 6/1983.

Criminal Tax Penalty

A taxpayer may be deemed to have committed a criminal tax offense in Indonesia if the taxpayer conducts certain activities which principally consisted of unintentional and intentional negligence as set out in the table below: 

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Any criminal tax offenses cannot be prosecuted more than 10 years after the tax is due, the end of the fiscal period, the end of part of the fiscal year, or the end of the relevant fiscal year. The criminal sanction that applies to a person will also apply to the taxpayer, taxpayer's representatives, taxpayer's proxy holders, taxpayer's employees, taxpayer's public accountant, taxpayer's tax consultant, or other parties who perform tax offenses and also to a person who conducts the following requests other parties to perform tax offenses, participates in a tax offense, advises other parties to perform tax offenses, and assists other parties to perform tax offenses. 

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