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CONSOLIDATION OF LAW OF THE REPUBLIC OF INDONESIA

NUMBER 8 OF 1983

CONCERNING

VALUE ADDED TAX ON GOODS AND SERVICES AND

SALES TAX ON LUXURY GOODS

AS LASTLY AMENDED BY LAW NUMBER 18 OF 2000

 

 

CHAPTER I

GENERALPROVISION

 

Article 1

In this Law the meaning of:

1.

Customs Area is the Territory of the Republic of Indonesia, which covers land, sea, andair as well as specific areas within the Exclusive EconomicZone and the Continental Shelf within which Law Number 10 Year 1995 onCustoms apply.

2.

Goods are tangible goods, which according totheir nature and legal status are movable, or immovable goods, and intangibleassets.

3.

Taxable Goods are goods referred to in point2, which are subject to tax according to this Law.

4.

Supply of Taxable Goods is any businessactivity of supply Taxable Goods referred to in point 3.

5.

Services are any service activity under acontractual agreement or legal arrangement which makes available for usegoods, facilities or rights, including services provided on order or request,for which the material is provided by the customer.

6.

Taxable Services are a service referred to inpoint 5, which are subject to tax according to this Law.

7.

Rendering of Taxable Service is any activityto provide a Taxable Service referred to in point 6.

8.

Utilisation of Taxable Service from outsidethe Customs Area is any activity of utilisation of Taxable Service obtainedfrom outside the Customs Area within the Customs Area.

9.

Import is entry of goods into the CustomsArea.

10.

Utilisation of intangible Taxable Goods from outsidethe Customs Area is any activity of utilisation of intangible Taxable Goodsobtained from outside the Customs Area by an arrangement within the CustomsArea.

11.

Export is exit goods outside the CustomsArea.

12.

Trade is any business activity to buy andsell, including barter of goods without changing their form or nature.

13.

Entity is a group of individual and orcapital as a union, whether conducts or not conduct business activity,covering a limited company, partnership, other partnership, a State ownedenterprise or company owned by a Regional Government in whatever name andform, "firma", "kongsi", "cooperative", permanentestablishment, foundation or such kind of organisations, institute and otherbusiness form.

14.

Firm is an individual or an entity referredto in point 13, which in the course of business or work, produces goods,imports goods, exports goods, engages in trading activities, utilisesintangible goods obtained from outside the Customs Area, provides businessservices, or utilities services obtained from outside the Customs Area.

15.

Taxable Person for VAT purposes is a Firmreferred to in point 14 which supplies Taxable Goods and or renders TaxableServices which are subject to tax according to this Law, excluding smallfirms with a turnover not exceeding a limit determined by the Minister ofFinance Decree, but including small firms which choose to be confirmed asTaxable Person for VAT purposes.

16.

Manufacture is an activity which changes theform or nature of goods to become new goods, or to obtain new uses from thegoods, or an activity to process natural resources, including having anotherindividual or entity carry out the manufacture.

17.

Tax Base is the Sales Price or Considerationor Import Value or Export Value, or such other value as may be determined bythe Minister of Finance Decree, to be used as the basis for calculating taxpayable.

18.

Sales Price is the value in money, includingall costs charged or which should be charged by a seller, on supply ofTaxable Goods, excluding tax withheld in accordance with this law and anyrebate which is written in the Tax Invoice.

19.

Consideration is the value in money, includingall costs charged or which should be charged by a firm rendering a service,arising from the rendering of a Taxable Service, excluding tax withheld inaccordance with this law and any rebate which is written in the Tax Invoice.

20.

Import value is the value in money, whichforms the basis for calculating import duty plus other levies incurred underthe Customs Regulations on the import of Taxable Goods, excluding taxwithheld in accordance with this law.

21.

Buyer is an individual or an entity orgovernment institution which receives or should receive a supply of TaxableGoods and which pays or should pay the Taxable Goods.

22.

Recipient of services is an individual or an entityor government institution which receives or should receive a rendering ofTaxable Services and which pays or should pay for the Taxable Services.

23.

Tax Invoice is proof of tax withheld by aTaxable Person for VAT purposes on supply of Taxable Goods or rendering ofTaxable Services or by the Directorate General of Customs and Excise on theimportation of Taxable Goods.

24.

Input Tax is Value Added Tax which shouldhave been paid by a Taxable Person for VAT purposes who obtains Taxable Goodsand or Taxable Services and or the utilisation of intangible Taxable Goodsobtained from outside the Customs Area and or the utilisation of TaxableServices obtained from outside the Customs Area and or the importation ofTaxable Goods.

25.

Output Tax is Value Added Tax payablewithheld by a Taxable Person for VAT purposes on a supply of Taxable Goods orrendering of Taxable Services, or the exportation of Taxable Goods.

26.

Export value is the value in money, includingall costs charged or should be charged by an exporter.

27.

WithholdingAgent of Value Added Tax isGovernment Treasurer, an entity or government institution appointed by theMinister of Finance to withhold, deposit and report on the tax payable from aTaxable Person for VAT purposes arising from a supply of Taxable Goods and orrendering of Taxable Services to the Government Treasurer, entity orgovernment institution concerned.

 

Eludication Article 1

Sufficiently Clear

 

 

Article 1A

(1)

The meaning of supply of Taxable Goods shallinclude of the following:

 

a.

Transfer of title over Taxable Goods underthe terms of an agreement;

 

b.

Supply of Taxable Goods under a hire-purchaseagreement or a leasing agreement;

 

c.

Supply of Taxable Goods to an intermediatetrader or to an auctioneer;

 

d.

Taxable Goods for personal use and or TaxableGoods provided free of charged;

 

e.

Taxable Goods and assets originally acquirednot for sale, which remain available at the time of dissolution of thecompany, provided Value Added Tax on the acquisition of such assets may becredited in accordance with the rule;

 

f.

Supply of Taxable Goods from a head office toa branch or vice versa and supply of Taxable Goods between branches;

 

g.

Supply of Taxable Goods by consignment.

(2)

The meaning of supply of Taxable Goods shallexclude of the following:

 

a.

Supply of Taxable Goods to a broker referredto in the Commercial Law;

 

b.

Supply of Taxable Goods as collateral forloans;

 

c.

Supply of Taxable Goods referred to inparagraph (1) subparagraph (f) where a Taxable Person for VAT purposes hasobtained permission to centralise payment of tax payable.

EludicationArticle 1A

Paragraph (1)

Subparagraph a

According to this provision,Agreements cover sales transaction, barter, purchase by installments, or otheragreements which result in the transfer of rights over goods.

Subparagraph b

A supply of Taxable Goods may occurunder a hire purchase or finance leasing agreement. Finance leasing agreementmeans a supply caused by a finance leasing agreement by a right of opts. Althougha transfer of rights over Taxable Goods has not taken place and the payment ofthe Taxable Goods Price is carried out in stages, because authority over theTaxable Goods has already moved from the seller to the buyer or from the lessorto the lessee, this Law stipulates that a supply of Taxable Goods is consideredto occur at the time of signing of the agreement, unless the time of de factochange authority over the Taxable Goods occurred prior to the signing of theagreement.

Subparagraph c

An intermediate trader is anindividual or an entity, which in the course of business activity orprofessional work in its own name, concludes an agreement or contract on behalfof another Firm and thereby obtains wages or compensation for services, such asa commission. An auctioneer is a Government auctioneer or one appointed by theGovernment.

Subparagraph d

Personal use means the use for theinterest of one's own Firm, management or employees, whether self products ornon-self products. Provision free of charge means withoutpayment in return, whether self products or non self products, including, amongothers, the provision of samples for promotional purposes to a contact or to abuyer.

Subparagraph e

Inventory of stock and assets,which according to their original purpose, are not intended to be traded andwhich remain on the dissolution of a Firm are considered as being the same asthose for personal use, and are therefore considered as falling within a supplyof Taxable Goods.

Assets which, according to theiroriginal purpose are not for sale, are only subject to Value Added Tax if theyfulfill a specific condition, namely that the Value Added Tax paid at the timethe goods are obtained may be credited.

Subparagraph f

In case a Firm has more than oneplace where tax is payable, namely the places where a supply of Taxable Goodsis made to another party, whether as a head office or as a branch office, thisLaw construes the movement of Taxable Goods between the places as constitutinga supply of Taxable Goods. A branch in this regulation is a business location,representative office, marketing unit and others of the same type.

Subparagraph g

Where a supply occurs as aconsignment, the Value Added Tax paid at the time the Taxable Goods are handedover may be credited against Output Tax for the Taxable Period in which theTaxable Goods are consigned. If, however, the consigned Taxable Goods are notsold but are returned to their owner, the Firm which received the consignmentmay use the provisions on return of Taxable Goods as contained in Article 5A ofthis Law.

Paragraph (2)

Subparagraph a

A broker in this Law means a brokerin the Commercial Law, who is an intermediate trader appointed by the Presidentor government official authorised by the President. They run their company byconducting a business activity and thereby obtain wages or certain commissionas payment, on mandate and behalf of other people which have no businessrelationship with the broker.

Subparagraph b

Sufficiently clear.

Subparagraph c

If a Taxable Person for VATpurposes has more than one place of business, either has a head office orbranches, and the Taxable Person for VAT purposes has permission from theDirector General of Taxes to centralize tax payable, the supply of Taxable Goodsfrom one place of business to another (from a branch to a head office and viceversa or between branches) is not considered a supply of Taxable Goods, exceptwhere the supply of Taxable Goods is between places where tax is payable.

 

Article 2

(1)

If the Sales Price or Consideration isinfluenced by special relationship, the Sales Price or Consideration shall becalculated on the basis of a fair market price at the time of a supply ofTaxable Goods or the rendering of Taxable Services.

(2)

A special relationship is deemed to exist:

 

a)

wherea Firm owns direct or indirect participation of 25% (twenty-five percent) or more in another firm;likewise, between two or more firms where there is direct or indirectparticipation of 25% (twenty-five percent) in each of those firms by anotherfirm; or

 

b)

a Firm has control over another firm, or twoor more firms are under the same control, whether directly or indirectly; or

 

c)

there exists a family relationship either throughblood-line or through marriage within one degree of direct or indirectlineage.

EludicationArticle 2

Paragraph (1)

The influence of a specialrelationship as meant in this Law shall be the possibility of the price whichis set below the market price. In such cases, the Director General of Taxes hasauthority to adjust the Sale Price or Consideration which forms the Tax Base toa fair market price applying in a free market.

Paragraph (2)

A special relationship between aTaxable Person for VAT purposes and a party receiving supply of Taxable Goodsand or rendering of Taxable Services may occur due to the dependency of one onthe other because of:

-

ownership or participationfactors;

-

the existence of influence throughmanagement or technology.

Apart from the above, a specialrelationship between individual persons may result from a relationship throughblood or marriage

a)

A special relationship is consideredto exist if there is an ownership relationship in the form of capitalparticipation of 25% (twenty-five percent) or more, either directly orindirectly.

Example:

If PT "A" owns 50%(fifty percent) of the shares of PT "B", the share ownership of PT"A" constitutes direct participation. At the same time, if PT"B" owns 50% (fifty percent) of the shares in PT "C",then PT "A" as a shareholder in PT "B" has an indirectparticipation in PT "C' for 25% (twenty-five percent). Because of this,a special relationship is considered to exist between PT "A", PT"B" and PT "C". If PT "A" also has a 25%(twenty-five percent) shareholding in PT "D", a specialrelationship is also considered to exist between PT "B", PT"C" and PT "D". Such ownership relationships may alsooccur between individuals and entities.

b)

A relationship as described in subparagraph a) may alsooccur because of control through management or the use of technology, withoutregard to the existing of ownership relationship. A special relationship isconsidered to exist if one or more companies are under control of the sameFirm. It also applies to the relationship between the several companies whichare under the authority those mentioned similar firm.

c)

The meaning ofblood relationships in a direct lineage of one degree are father,mother and child, while blood relationships in indirect lineage of one degreeare brothers and sisters.

The meaning ofrelationship through marriage in direct lineage of one degree areparents in-law and step-children, while relation ships in marriage in indirectlineage of one degree are brothers-in-law and sisters-in law. If, betweenhusband and wife, there is an agreement for the separation of asset and income,a special relationship is construed to exist between the husband and wife underthis Law.

 

CHAPTER II

CONFIRMATION OF TAXABLE PERSON FOR VAT PURPOSES

 

Article 3

Deleted

 

 

CHAPTER IIA

THE OBLIGATION ON A TAXABLE PERSON TO REPORTHIS BUSINESS ACTIVITIES AND THE DUTY TO WITHHOLD, DEPOSIT, AND REPORT TAXPAYABLE

 

Article 3A

(1)

A Firm making a supply referred to in subparagrapha, c, or f of Article 4 shall be obliged to report its business activities tobe registered as a Taxable Person for VAT purposes and to withhold, depositand report Value Added Tax and Sales Tax on Luxury Goods which is payable.

(2)

A Small Firm which chooses to be confirmed asa Taxable Person for VAT purposes shall be required to carry out theobligation referred to in paragraph (1).

(3)

An individual or entity utilising intangible TaxableGoods obtained from outside the Customs Area referred to in subparagraph d ofArticle 4 and or utilising Taxable Services obtained from outside the CustomsArea referred to in subparagraph e of Article 4, shall be obliged towithhold, deposit and report Value Added Tax payable, and the method andprocedures shall be determined by the Minister of Finance Decree.

 

EludicationArticle 3A

Paragraph (1)

A Firm which supplies Taxable Goodsand or renders Taxable Services within the Customs Area and or exports TaxableGoods is obliged to:

a.

report it's business activity tobe confirmed as a Taxable Person for VAT purposes;

b.

withhold tax payable;

c.

deposit Value Added Tax must bepaid where Output Tax is greater than creditable Input Tax, and deposit SalesTax on Luxury Goods payable;

d.

report the tax calculation.

Paragraph (2)

A Small Firm is allowed to be confirmedas a Taxable Person for VAT purposes. By doing so, this law fully applies tothat Firm.

Paragraph (3)

Value Added Tax payable on theutilization of intangible Taxable Goods or Taxable Services from outside theCustoms Area must be withheld by the individual or entity, which utilizes theintangible Taxable Goods or Taxable Services.

 

 

CHAPTER III

TAXABLE OBJECTS

 

Article 4

Value Added Tax shall be imposed on:

a.

a supply of Taxable Goods carried out in theCustoms Area by a Firm;

b.

importation of Taxable Goods;

c.

rendering of Taxable Services in the CustomsArea by a Firm;

d.

utilisation of intangible Taxable Goodsobtained from outside the Customs Area within the Customs Area;

e.

utilisation of Taxable Services obtained fromoutside the Customs Area within the Customs Area; or

f.

the export of Taxable Goods by a Taxable Personfor VAT purposes.

EludicationArticle 4

Subparagraph a

A Firm conducting a supply of TaxableGoods covers both a Firm which has been registered as a Taxable Person for VATpurposes referred to in paragraph (1) of Article 3A and a Firm which shouldhave been confirmed as a Taxable Person for VAT purposes.

A supply of goods is subject to Taxunder the following circumstances:

a.

the tangible goods supplied areTaxable Goods,

b.

the intangible goods supplied areintangible Taxable Goods,

c.

the supply is carried out withinthe Customs Area,

d.

the supply is conducted in thecourse of business or work of the Firm concerned.

Subparagraph b

Tax is also withheld at the time ofimportation of Taxable Goods. Withholding is carried out through theDirectorate General of Customs and Excise. Other than supply of Taxable Goodsunder subparagraph a, whomsoever imports Taxable Goods into the Customs Area,regardless whether the importation is conducted in the course of business orwork or not, is subject to tax.

Subparagraph c

A Firm, which conducts a rendering ofTaxable Services covers both a Firm which has beenconfirmed as a Taxable Person for VAT purposes referred to in paragraph (1) ofArticle 3A and a Firm which should have been confirmed as a Taxable Person forVAT purposes.

Service rendering which is subjectto tax shall fall under the following circumstances:

a.

the services rendered are TaxableServices,

b.

the rendering is carried out inthe Customs Area, and

c.

the rendering is conducted in the courseof business or work of the Firm concerned.

Included in the definition ofrendering of Taxable Services is Taxable Servicesrendered for personal use and or Taxable Services rendered for free of charge.

Subparagraph d

In order to give the similar taxtreatment as for imported Taxable Goods, intangible Taxable Goods imported fromoutside the Customs Area which is utilized in the Customs Area is also subjectto Value Added Tax.

Example:

Firm "A" is domiciled in Jakarta and obtains the right to utilize atrademark owned by Firm "B" domiciled in Hongkong. Utilization of thetrademark by Firm "A" within the Customs Area is subject to ValueAdded Tax.

Subparagraph e

Services originated from outsidethe Customs Area and utilized within the Customs Area are subject to tax underthe provisions of this law. For example, Taxable Person for VAT purposes"C" in Surabaya utilizes a TaxableService from a Firm "B" located in Singapore. Utilization of theTaxable Service aforesaid is subject to Value Added Tax.

Subparagraph f

Different from the Firm referred toin subparagraph a and or subparagraph c, a Firm which exports Taxable Goods isonly a Firm which has been confirmed as a Taxable Person for VAT purposesreferred to in Article 3A paragraph (1).

 

Article 4A

 

(1)

The types of goods referred to in point 2 ofArticle 1 and the types of services referred to in point 5 of Article 1,which are not taxable under this Law shall be determined by GovernmentRegulation.

(2)

The determination of types of goods which arenot subject to Value Added Tax referred to in paragraph (1) shall be based onthe following categories:

a.

Products of mining and drilling, takendirectly from the source;

b.

Daily necessities needed by public;

c.

Food and beverages served in hotel,restaurant, and such other places;

d.

Money, gold, and valuable documents.

(3)

The determination of types of services which are not subject to ValueAdded Tax referred to in paragraph (1) shall be based on the following fieldsof activity:

a.

healthcare;

b.

social welfare;

c.

postal delivery;

d.

banking, insurance and financial leasing;

e.

religion;

f.

education;

g.

culture and entertainment which has beenimposed by entertainment tax;

h.

broadcasting, not include advertising;

i.

shipping and inland public transportation;

j.

manpower;

k.

hotels;

l

rendering of services by the goverment inefforts to run the goverment in general.

EludicationArticle 4A

Paragraph (1)

Sufficiently clear.

Paragraph (2)

Subparagraph a

The meaning of products of miningand drilling taken directly from the source are products such as crude oil,natural gas, sand and gravel, iron ore, bauxite, gold ore.

Subparagraph b

The meaning ofdaily necessities by this paragraph are rice and seeds, corn, sago,soybean, salt whether iodized or not.

Subparagraph c

To avoid double taxation, becauseit has been subject to Regional Tax.

Subparagraph d

Sufficiently clear.

Paragraph (3)

Sufficiently clear.

 

 

Article 5

(1)

In addition to the imposition of tax referredto in Article 4, Sales Tax on Luxury Goods shall be imposed on:

 

a.

asupply of Taxable Goodscategorised as Luxuries by a Firm which produces the goods within the CustomsArea in the course of business or work;

 

b.

the importation of Taxable Goods categorised asLuxuries.

(2)

Sales Tax on Luxury Goods shall be imposedonly once, either at the time of supply of the Taxable Goods categorised as Luxuries by theFirm producing them, or at the time of import.

EludicationArticle 5

Paragraph (1)

Considering that:

a.

appropriate apportionment of the tax burdenbetween consumers with low incomes and those with high incomes shall benotified.

b.

Consumption patterns for TaxableGoods categorized as luxuries shall be controlled.

c.

Small and tradisional producersshall be protected.

d.

State revenue shall be saved.

a supply of Taxable Goodscategorized as luxuries by a producer or the import of such goods is not only subjectto Value Added Tax but also Sales Tax on Luxury Goods.

The meaning of Taxable Goodscategorized as luxuries by this paragraph are:

1.

the goods that are not dailynecessities goods; or

2.

the goods are only consumed bycertain people; or

3.

the goods are usually consumed byhigh income people; or

4.

the goods are consumed to showthe status; or

5.

if the goods is consumed, it couldbe harmful for health or social morality, and distort social order, such asalcoholic drinks.

The imposition of Sales Tax onLuxury Goods on importation of taxable goods categorized as luxuries shall bedone irrespective of who imports the goods and irrespective of whetherimportation is ongoing or simply a one-off transactions.

Moreover, the imposition of SalesTax on Luxury Goods on a transfer of taxable luxury items is irrespective ofwhether or not part of the Taxable Goods has been subject to Sales Tax onLuxury Goods in previous transaction.

The term Producingin this paragraph shall include the following activities:

a.

assembling:

joining separate components of aproduct to become a semi-processed or finished product, as in car assembly,electronic products, household furniture and others;

b.

cooking:

the processing of goods byheating, where heating includes boiling, grilling, smoking, roasting andfrying, and whether mixed with other ingredients or not;

c.

mixing:

combining two or more elements toproduce one or more other goods;

d.

packaging:

placing a product in material toprotect it from damage and or to increase its marketability;

e.

bottling:

putting beverages or liquid intoa bottle which is closed in a specific way;

and other activities which aresimilar, or have another individual or entity to carry out the activities.

Subparagraph a

Sufficiently clear.

Subparagraph b

Sufficiently clear.

Paragraph (2)

Input Tax, as generally meant inthis Law, applies only to Value Added Tax and not to Sales Tax on Luxury Goods;consequently, Sales Tax on Luxury Goods that has been paid cannot be creditedagainst Sales Tax on Luxury Goods that may be payable.

In effect, withholding of Sales Taxon Luxury Goods is carried out only once, either;

a.

at the time of supply by theFactory or Producer of the Taxable Goods categorized as Luxuries, or

b.

at the time of importation ofTaxable Goods categorized as Luxuries.

A supply at subsequent stages isnot subject to Sales Tax on Luxury Goods.

Article 5A

ValueAdded Tax and Sales Tax on Luxury Goods paid on the supply of Taxable Goodswhich are subsequently returned may be deducted from Value Added Tax and SalesTax on Luxury Goods in the Taxable Period in which the aforesaid Taxable Goodsare returned, according to procedures determined by the Minister of Finance.

EludicationArticle 5A

In case Taxable Goods supplied are returned by a buyer, the Value AddedTax and the Sales Tax on Luxury Goods on the returned Taxable Goods reduces:

a.

Output Tax and Sales Tax onLuxury Goods payable of the Taxable Person selling the goods,

b.

Input Tax of the Taxable Personbuying the goods, if Input Tax on the returned Taxable Goods has already beencredited,

c.

the costs or assets of theTaxable Person buying the goods if tax on the returned Taxable Goods hasalready been charged as a cost or has already been capitalized in theacquisition price.

Article 6

Deleted

 

CHAPTER IV

TAX RATE AND METHOD OF CALCULATION

Article 7

(1)

The Value Added Tax rate is 10% (tenpercent).

(2)

The Value Added Tax rate on the export ofTaxable Goods is 0% (zero percent).

(3)

The tax rate referred to in paragraph (1) maybe adjusted by Government Regulation to a minimum of 5% (five percent) and amaximum of 15% (fifteen percent).

Eludication Article 7

Paragraph (1)

Sufficiently clear.

Paragraph (2)

Value Added Tax is imposed on theconsumption of Taxable Goods in the Customs Area. Consequently, Taxable Goodswhich are exported or consumed outside the Customs Area are subject to 0% (zeropercent) Value Added Tax.

0% (zero percent) rate does notmean exempted from Value Added Tax. Thus, Input Tax paid on exported goods maystill be credited.

Paragraph (3)

Considering the enhancement ofeconomic development and or a increasing need of funddevelopment, the Government is authorised to adjust the Value Added Tax rate tothe minimum rate of 5% (five percent) and the maximum rate of 15% (fifteenpercent) while maintaining the principle of a single rate. Any changes proposedin tax rate under this paragraph must be presented to the House ofRepresentatives by the Government in the context of discussion and drafting ofa Bill on the State Budget.

 

 

Article 8

 

(1)

The Sales Tax rate on Luxury Goods shall be aminimum of 10% (ten percent) and a maximum of 75% (seventy-five percent).

(2)

On the export of Taxable Goods categorised asLuxuries shall be imposed by 0% (zero percent) tax rate.

(3)

The group of Taxable Goods categorised asLuxuries and subject to Sales Tax rate on Luxury Goods referred to inparagraph (1) shall be determined by Government Regulation.

(4)

The types of Goods subject to Sales Tax onLuxury Goods referred to in paragraph (3) shall be determined by the Ministerof Finance Decree.

EludicationArticle 8

Paragraph (1)

The Sales Tax rate on Luxury Goodsmay be set at different levels, with the minimum rate of 10% (ten percent) andthe maximum rate of 75% (seventy five percent). The difference between the rateclassification is based on the grouping of TaxableGoods classified as Luxuries and on which Sales Tax on Luxury Goods is imposedas referred to in paragraph (1) of Article 5.

Paragraph (2)

Sales Tax on Luxury Goods isimposed on the consumption of Taxable Goods classified as Luxuries within theCustoms Area. Consequently, luxuries which are exported or consumed outside theCustoms Area are subject to 0% (zero percent) Sales Tax on Luxury Goods. SalesTax on Luxury Goods which is paid on the purchase of luxuries and which are exported may be refunded.

Paragraph (3)

In accordance with theconsiderations set out in the elucidation of paragraph (1) of Article 5, thegrouping of Taxable Goods classified as luxuries are based primarily on theeconomic capability of that part of society using the goods, as well as on thevalue of their usefulness to society in general.

Thus, a high rate of tax is imposedon goods that are only consumed by the high income segment of society and theconsumption of which needs to be constrained, while for goods which are mostneeded and consumed in larger quantities by society, the Sales Tax rate onLuxury Goods applied is low.

Paragraph (4)

Sufficiently clear.

 

Article 9

(1)

Value Added Tax payable shall be calculatedby multiplying the tax rate referred to in Article 7 by the Tax Base.

(2)

Input Tax in one Taxable Period is creditedagainst Output Tax for the same Taxable Period.

(2a)

In case Output Tax has not been available inone Taxable Period, Input Tax may still be credited.

(3)

In case within a specific Taxable Period,Output Tax is greater than Input Tax, the difference is Value Added Tax,which shall be paid by Taxable Person for VAT purposes.

(4)

In case within a specific Taxable Period,creditable Input Tax exceeds Output Tax, the difference is surplus tax, whichmay be refunded or credited in the next Taxable Period.

(5)

In case within a specific Taxable Period, aTaxable Person for VAT purposes conducts both taxable and non-taxable supply,insofar as the part of taxable supply can be identified from the bookkeepingexactly, then the amount of creditable Input Tax shall be the Input Taxrelated to the taxable supply.

(6)

In case within a specific Taxable Period, a TaxablePerson for VAT purposes conducts both taxable and non-taxable supply andinsofar as the amount of Input Tax related to the taxable supply can not beidentified from the bookkeeping exactly, the amount of Input Tax which may becredited against taxable supply shall be calculated by using guidelines forcrediting Input Tax determined by the Minister of Finance Decree.

(7)

The amount of Input Tax which may be creditedby a Taxable Person for VAT purposes who pays Income Tax by using deemedprofit governed by Law Number 7 of 1983 on Income Tax as amended by LawNumber 17 of 2000, may be calculated by using guidelines for crediting InputTax determined by the Minister of Finance.

(8)

Input Tax may not be credited under theprocedure referred to in paragraph (2) for costs incurred for:

 

a.

the acquisition of Taxable Goods or TaxableServices before a firm is registered as a Taxable Person for VAT purposes;

 

b.

the acquisition of Taxable Goods or TaxableServices which do not have direct connection with a firm's activities;

 

c.

the acquisition and maintenance of motorvehicles, cars, jeeps, station wagons, vans, and "combi" vehicles,except the vehicles used as merchandised or hired goods;

 

d.

the utilisation of intangible Taxable Goodsor Taxable Services from outside the Customs Area prior to confirmation as aTaxable Person for VAT purposes;

 

e.

the acquisition of Taxable Goods or Taxable Servicesof which proof of tax withholding is in form of a simple Tax Invoice;

 

f.

the acquisition of Taxable Goods or TaxableServices of which Tax Invoice fails to meet the provisions referred to inparagraph (5) of Article 13;

 

g.

the utilisation of intangible Taxable Goodsor Taxable Services from outside the Customs Area for which Tax Invoice failsto meet the provisions referred to in paragraph (6) of Article 13;

 

h.

the acquisition of Taxable Goods or TaxableServices of which Input Tax is collected under the issuance of a taxassessment;

 

i.

the acquisition of Taxable Goods or TaxableServices of which Input Tax is not reported in the Value Added Tax Return,which is found when the Return is audited;

(9)

CreditableInput Tax that has not beencredited against Output Tax for the same Taxable Period, may be credited insubsequent Taxable Period, not later than the third month following the endof the Taxable Period concerned, provided it has not been charged as a costand has not been audited.

(10)

Deleted.

(11)

Deleted.

(12)

Deleted.

(13)

The calculation and procedure of refund of InputTax overpayment referred to in paragraph (4) shall be determined by theDirector General of Taxes Decree.

(14)

Deleted.

 

EludicationArticle 9

Paragraph (1)

Value Added Tax payable iscalculated by multiplying the Sales Price, Consideration, Import Value, ExportValue or other value stipulated by the Minister of Finance Decree by the taxrate stipulated in paragraph (1) of Article 7. This tax payable is Output Tax,which is withheld by a Taxable Person for VAT purposes.

The Tax Base may be determined bythe Minister of Finance Decree to guarantee a sense of fairness, in thefollowing circumstances:

a.

Sales Price, Consideration,Import Value, and Export Value which are difficult to determine; and or

b.

Transfer of Taxable Goods needed bypeople at large quantities, such as drinking water, electricity, and suchother goods.

Example:

a)

Taxable Person for VAT purposes'A' sells Taxable Goods for cash in amount of Rp25,000,000.00.

Value Added Tax payable = 10% x Rp25,000,000.00 = Rp2,500,000.00.

Value Added Tax of Rp2,5000,000.00is Output Tax which is withheld by 'A".

b)

Taxable Person for VAT purposes "B' renders Taxable Services forRp20,000,000.00.

Value Added Tax payable = 10% x Rp20,000,000.00= Rp2,000,000.00.

The Value Added Tax of Rp2,000,000.00 is Output Tax collected by 'B'.

c)

A person imports Taxable Goods from outside the Customs Area with anImport Value of Rp15,000,000.00.

Value Added Tax collected throughthe Directorate General of Customs and Excise = 10% x Rp15,000,000.00= Rp1,500,000.00.

Paragraph (2)

A Buyer of Taxable Goods, arecipient of Taxable Services, an importer of Taxable Goods, a party who utilizesintangible Taxable Goods obtained from outside the Customs Area, or a party whoutilizes Taxable Services from outside the Customs Area, shall be obliged topay Value Added Tax and has the right to receive a proof of tax withholding.The Value Added Tax which should have been paid is Input Tax for a buyer ofTaxable Goods or, a recipient of certain Taxable Services or, an importer ofTaxable Goods, or the party which utilizes intangible Taxable Goods fromoutside the Customs Are, or the party which utilizes Taxable Services fromoutside the Customs Area, which has been confirmed as a Taxable Person for VATpurposes.

The Input Tax which should be paidby a Taxable Person for VAT purposes may be credited against Output Taxwithheld for the same Taxable Period.

Paragraph (2a)

In case a Taxable Person for VATpurposes has not yet produced or supplied Taxable Goods or rendered TaxableServices, or exported Taxable Goods so that the Output Tax has not beenavailable (nil), Input Tax paid by the Taxable Person for VAT purposes on theacquisition of Taxable Goods, or receipt of Taxable Services, or utilization ofTaxable Services from outside the Customs Area within the Customs Area, orutilization of intangible Taxable Goods, or import of Taxable Goods, may stillbe credited in accordance with Article 9 paragraph (2), except Input Taxreferred to in Article 9 paragraph (8).

Paragraph (3)

The difference referred to in thisparagraph must be deposited at the State Treasury according to the provisionsin the Law on General Provisions and Tax Procedures.

Paragraph (4)

Input Tax referred to in thisparagraph is Input Tax, which may be credited. During a Taxable Period, InputTax, which is creditable may exceed Output Tax. Thesurplus is refundable or may be credited in the next Taxable Period.

Example:

Taxable Period May 2001:

Output Tax

= Rp2.000.000,00

Input Tax which can be credited

= Rp4.500.000,00 -/-

Surplus Tax paid

= Rp2.500.000,00

The overpaid may be refunded or creditedin the next Taxable Period in June 2001.

Taxable Period June 2001:

Output Tax

= Rp3.000.000,00

Input to be credited

= Rp2.000.000,00 -/-

Tax Underpayment

= Rp1.000.000,00

Surplus Tax from May 2001 Taxable

Period credited in June

= Rp2.500.000,00 -/-

Surplus Tax paid as at June 2001

= Rp1.500.000,00

Paragraph (5)

In this paragraph, a taxable supplymeans a supply of goods or rendering of services which is subject to Value AddedTax in accordance with the provisions of this Law.

The meaning of non taxable supplyin which input tax is not able to be credited is a supply of goods andrendering of services which are not imposed to Value Added tax referred to inArticle 4A and which are exempt from Value Added Tax referred to in Article 16B.

A Taxable Person for VAT purposeswhich conducts a taxable and non-taxable supply in a specific Taxable Period,may only credit Input Tax in respect of the supply which is subject to tax. Ataxable supply must be clearly identified from the bookkeeping of the TaxablePerson for VAT purposes.

Example:

A Taxable Person for VAT purposesconducts several kinds of supply, which are:

a.

Taxable supply

= Rp25.000.000,00

 

Output Tax

= Rp 2.500.000,00

b.

Supply which is not subject toValue Added Tax

= Rp 5.000.000,00

c.

Supply exempted from Value AddedTax

= Rp 5.000.000,00

 

Output Tax

= NIHIL

Input Tax paid on the acquisitionof:

a.

Taxable Goods and Servicesrelated to taxable supply = Rp1,500,000.00

b.

Taxable Goods and Servicesrelated to a supply which is not subject to Value Added Tax = Rp300,000.00

c.

Taxable Goods and Services relatedto a supply which is exempted from Value Added Tax = Rp500,000.00

Under this provision, Input Taxwhich may be credited against Output Tax of Rp 2,500,000.00 is only Rp1,500,000.00.

Paragraph (6)

If Input Tax related to a taxablesupply can not be correctly identified, then the method of crediting Input Taxin based on guidelines determined by the Minister of Finance Decree for thepurpose of facilitating and providing certainty to the Taxable Person for VATpurposes.

Example:

A Taxable Person for VAT purposesmakes two supplies as follows:

a.

Taxable supply

= Rp 35.000.000,00

 

Output Tax

= Rp 3.500.000,00

b.

Non-taxable supply

= Rp 15.000.000,00

 

Output Tax

= NIHIL

While Input Tax on the acquisition ofTaxable Goods and Services related to the entire supply is Rp2,500,000.00, Input Tax related to the taxable supply is notcorrectly identifiable. According to this provision, not all Input Tax of Rp2,500,000.00 may be credited against Output Tax of Rp3,500,000,00.The amount of Input Tax which may be credited is calculated by the guidelinesdetermined by the Minister of Finance Decree.

Paragraph (7)

A Firm who is allowed to calculateNet Income using deemed profit is obliged only to make record which includesgross turnover and gross revenue. Because the creditable Input Tax can not bedetermined precisely due to lack of record of purchasing, the Minister ofFinance is authorised to determine the amount of Creditable Input Tax.

Paragraph (8)

In principle, Input Tax may becredited against Output Tax; however, for expenses referred to in thisparagraph, Input Tax is not creditable.

Subparagraph a

This paragraph gives legalcertainty that Input Tax acquired before a Firm reports its business to beconfirmed as a Taxable Person for VAT purposes cannot be credited.

Example:

Firm"A" reports its business activity to be registered as a TaxablePerson for VAT purposes on January 3, 2001. The confirmation as a TaxablePerson for VAT purposes is given on January 5, 2001 and has been valid sinceJanuary 3, 2001. Input Tax acquired before January 3, 2001 cannot be creditedbased on this paragraph.

Subparagraph b

Expenses directly related tobusiness means expenses for production, distribution, marketingand management activities. This provision applies to all fields of business.

Subparagraph c

Sufficiently clear.

Subparagraph d

This paragraph gives a legalcertainty that Input Tax acquired before a Firm is confirmed as a TaxablePerson for VAT purposes cannot be credited.

Example:

Firm"A" reports its business activities to be confirmed as a TaxablePerson for VAT purposes on January 3, 2001.

The confirmation as a TaxablePerson for VAT purposes is given on January 5, 2001 and has been valid since January3, 2001. Input Tax on utilization of intangible Taxable Goods or TaxableServices obtained from outside the Customs Area before January 3, 2001 cannotbe credited based on this paragraph.

Subparagraph e

A Simple Tax Invoice is a TaxInvoice referred to in paragraph (7) of Article 13. Because a Simple TaxInvoice does not fully include matters covered in paragraph (5) of Article 13,it can only use as proof of withholding of Value Added Tax and cannot be usedas a basis for crediting Input Tax.

Subparagraph f

Sufficiently clear.

Subparagraph g

Sufficiently clear.

Subparagraph h

A Taxable Person for VAT purposesmay be required to pay Value Added Tax payable on the acquisition orutilization of Taxable Goods or Taxable Services after the issuance of a taxassessment. The Value Added Tax paid under this provision is not Input Tax thatcan be credited.

Subparagraph i

In accordance with the system ofself-assessment, a Taxable Person for VAT purposes is obliged to report all itsbusiness activities in the Periodic Value Added Tax Return. In addition, aTaxable Person for VAT purposes is given an opportunity to correct the PeriodicValue Added Tax Return. Therefore, it is proper that any Input Tax which is notreported in the Return shall not be allowed to be credited.

Example:

A Periodic Value Added Tax Returnreports:

Output Tax

=Rp10.000.000,00

Input Tax

=Rp 8.000.000,00

An audit reveals:

Output Tax

=Rp15.000.000,00

Input Tax

=Rp11.000.000,00

In this instance, Input Tax which may be credited isnot Rp11,000,000.00, but only Rp8,000,000.00 inaccordance with the amount reported in the Return. Therefore, the computationbased on the audit is:

Output Tax

=Rp15.000.000,00

Input Tax

=Rp11.000.000,00 (-)

Underpayment based on the audit

= Rp7.000.000,00

Underpayment based on the Return

= Rp2.000.000,00 (-)

Underpaid tax payable

= Rp5.000.000,00

Paragraph (9)

This provision allows a TaxablePerson for VAT purposes to credit Input Tax against Output Tax in a differentTaxable Period because of the reasons among other is the late receipt of a TaxInvoice. The crediting of Input Tax in such different Taxable Period concernedis only permitted if it is done no later than three months from the end of theTaxable Period concerned. If such a period has elapsed, the Input Tax may stillbe credited by correcting the Periodic Value Added Tax Return. The foregoingtwo methods of crediting can only be implemented if the Input Tax concerned hasnot been charged as a cost or depreciated in the price paid to obtain theTaxable Goods or Taxable Services concerned, and if the Taxable Person for VATpurposes has not been audited.

Example:

Input Tax on the acquisition ofTaxable Goods which the Tax Invoice dated July 7, 2001 may be credited againstOutput Tax in the Taxable Period of July 2001 or in subsequent Taxable Period,not later than Taxable Period of October 2001.

Paragraph (10)

Deleted.

Paragraph (11)

Deleted.

Paragraph (12)

Deleted.

Paragraph (13)

Sufficiently clear.

Paragraph (14)

Deleted.

 

Article 10

(1)

Sales Tax on Luxury Goods payable shall becalculated by multiplying the tax rate referred to in Article 8 by the TaxBase.

(2)

Sales Tax on Luxury Goods which is paid onthe acquisition or import of Taxable Goods categorised as Luxuries, may notbe credited against either Value Added Tax or Sales Tax on Luxury Goodswithheld according to this Law.

(3)

A Taxable Person for VAT purposes who exportsTaxable Goods categorised as Luxuries may request refund on the Sales Tax onLuxury Goods paid on the acquisition of the exported Taxable Goods concerned.

 

EludicationArticle 10

Paragraph (1)

Sales Tax on Luxury Goods payable iscalculated by multiplying the Sales Price, Import Value, Export Value, or suchother values as determined by the Minister of Finance Decree by the tax rate asstipulated in Article 8.

Paragraph (2)

In contrast to Value Added Taxwhich is withheld at every stage of supply, Sales Tax on Luxury Goods is onlywithheld at the time of supply by the Taxable Person for VAT purposes whichproduces Taxable Goods categorized as luxuries or on the importation of TaxableGoods categorized as luxuries. Hence, Sales Tax on Luxury Goods is not InputTax, as consequence it cannot be credited. Therefore, Sales Tax on Luxury Goodsmay be added to the price of the Taxable Goods concerned or charged as a costin accordance with the provisions of the Law on Income Tax.

Example:

Taxable Person for VAT purposes �A� imports Taxable Goods with an Import Value of Rp5,000,000.00. In addition to Value Added Tax, the Taxable Goods are subject toSales Tax on Luxury Goods at, for example, a rate of 20%. The calculation ofValue Added Tax and Sales Tax on Luxury Goods payable on the import of theTaxable Goods is as follows:

-

Tax Base

= Rp5.000.000,00

-

Value Added Tax:

 

 

10% x Rp 5,000,000.00

= Rp500.000,00

-

Sales Tax on Luxury Goods:

 

 

20% x Rp 5,000,000.00

= Rp1.000.000,00

Later, Taxable Person for VATpurposes �A� uses the Taxable Goods concerned as a component of other TaxableGoods, which, on supply, are subject to 10% of Value Added Tax and 35% of SalesTax on Luxury Goods. Due to lack of ability to credit Sales Tax on Luxury Goodspaid, the Sales Tax on Luxury Goods of Rp1,000,000.00may either be added to the price of the Taxable Goods produced by �A�, orcharged as a cost.

Then, a Taxable Person for VATpurposes �A� sells the Taxable Goods produced to Taxable Person for VATpurposes �B� for Rp50,000,000.00. Therefore, thecalculation of Value Added Tax and Sales Tax on Luxury Goods payable is asfollows:

-

Tax Base

= Rp50.000.000,00

-

Value Added Tax:

 

 

10% x Rp50,000,000.00

= Rp5.000.000,00

-

Sales Tax on Luxury Goods:

 

 

35% x Rp50,000,000,00

= Rp17.500.000,00

In this example, a Taxable Person for VAT purposes �A� may credit the mentioned Value Added Tax of Rp500,000.00 against ValueAdded Tax of Rp5,000,000.00.

The Sales Tax on Luxury Goods ofRp1,000,000.00, however, cannot be credited againsteither the Value Added Tax of Rp5,000,000.00 or the Sales Tax on Luxury Goodsof Rp17,500,000.00.

Paragraph (3)

A Taxable Person for VAT purposeswhich has paid Sales Tax on Luxury Goods on the acquisition of Taxable Goodscategorized as luxuries, as long as the Sales Tax on Luxury Goods has not beencharged as a cost, may refund the Sales Tax on Luxury Goods paid, if theTaxable Person for VAT purposes concerned has exported the goods concerned.

Example:

Taxable Person forVAT purposes �A� buys a car from aSole Agent of Trademark Holder costs Rp100,000,000.00.Value Added Tax and Sales Tax on Luxury Goods paid is Rp10,000,000.00and Rp35,000,000.00. If the car is then exported, �A� may request for refund of ValueAdded Tax amounting Rp10,000,000.00 and Sales Tax on Luxury Goods amountingRp35,000,000.00, which have been paid on the acquisition of the car concerned.

 

CHAPTER V

THE TIME AND THE PLACE IN WHICH TAX IS PAYABLE

AND THE REPORT OF TAX CALCULATION

Article 11

(1)

Tax shall be payable at the time of:

a.

supply of Taxable Goods;

b.

import of Taxable Goods;

c.

rendering of Taxable Services;

d.

utilisation of intangible Taxable Goodsobtained from outside the Customs Area referred to in subparagraph d ofArticle 4;

e.

utilisation of Taxable Services obtainedfrom outside the Customs Area referred to in subparagraph e of Article 4;or

f.

export of Taxable Goods.

(2)

If payment is received before supply ofTaxable Goods or rendering of Taxable Services, or if payment is conductedbefore the utilisation of intangible Taxable Goods referred to insubparagraph d of Article 4 or the utilisation of Taxable Services obtainedfrom outside the Customs Area referred to in subparagraph e of Article 4, taxshall be payable at the time of payment.

(3)

Deleted

(4)

The DirectorGeneral of Taxes may determine certain time as the time of tax payable, if thetime is difficult to determine or there is a change of rules that may resulton unfairness.

(5)

Deleted.

EludicationArticle 11

Paragraph (1)

Value Added Tax Withholding basicallyadheres to the accrual principle, meaning the tax due at the time the TaxableGoods or Taxable services are supplied or rendered or at the time the TaxableGoods are imported; although at the time of supply they may not have been, ormay not have completely, paid for. The time when tax is payable fortransactions conducted by �electronic commerce� follows this provision.

Subparagraph a

Sufficiently clear.

Subparagraph b

Sufficiently clear.

Subparagraph c

Sufficiently clear.

Subparagraph d

If an individual or an entity uses an intangibleTaxable Good from outside the Customs Area within the Customs Area, or utilizesTaxable Services from outside the Customs Area within the Customs Area, the Taxdue is at the time an individual or an entity begins utilizing the intangibleTaxable Good or Taxable Service within the Customs Area. This condition relatesto the fact that the party which supplies the intangible Taxable Goods orTaxable Services is located outside the Customs Area, and thus he cannot beconfirmed as a Taxable Person for VAT purposes. Consequently, the timing of taxdue is not related to the time of supply, but to the time of utilization of thegoods or services.

Subparagraph e

Sufficiently clear.

Subsection f

Sufficiently clear.

Paragraph (2)

In case the payment is receivedprior the supply of Taxable Goods referred to in subparagraph a of Article 4,before the rendering of Taxable Services referred to in subparagraph c of Article4, or before the utilization of intangible Taxable Goods from outside theCustoms Area referred to in subparagraph d of Article 4 begins, or before theutilization of Taxable Services from outside the Customs Area referred to insubparagraph e of Article 4 begins, tax shall be payable at the time ofpayment.

Paragraph (3)

Deleted

Paragraph (4)

Sufficientlyclear.

Paragraph (5)

Deleted

Article 12

(1)

For a Taxable Person for VAT purposes whichconducts supply referred to in subparagraph a, c, and f of Article 4, tax ispayable at its place of residence, domicile or business activities or suchother place as may be determined by the Director General of Taxes Decree.

(2)

On a written request by a Taxable Person for VATpurposes, the Director General of Taxes may determine one place or more asthe place or places where tax shall be payable.

(3)

In the case of imports, tax shall be payableat the point of entry of the Taxable Goods and shall be withheld through theDirectorate General of Customs and Excise.

(4)

For an individual or an entity who usesintangible Taxable Goods and or Taxable Services within the Customs Areawhich are obtained from outside the Customs Area referred to in subparagraphd and e of Article 4, tax shall be payable at the place of residence,domicile or business activities of the individual or the entity.

EludicationArticle 12

Paragraph (1)

Individual who has been confirmed asa Taxable Person for VAT purposes is subject to tax at the place of residenceand or place of business activity, while entity which has been confirmed as aTaxable Person for VAT purposes is subject to tax at the place of domicile orbusiness activity.

If a Taxable Person for VATpurposes has one or more places of business activity outside its residence orplace of domicile, each place should be reported as place of tax payable, andthe Taxable Person for VAT purposes is obliged to report his business activityto be confirmed as a Taxable Person for VAT purposes.

In case a Taxable Person for VATpurposes has more than one place of tax payable under an office of theDirectorate General of Taxes, therefore the Taxable Person for VAT purposes maychoose one place of tax payable which takes responsibility for all the placesof his business activity for all those places.

Example 1:

An individual "A",resides in Bogorhas a place of business in Cibinong. If there is no transfer of Taxable Goodsand or Taxable Services at the place of his residence, "A" shall beobliged to report his business to be confirmed as a Taxable Person for VATpurposes in Cibinong District Tax Office because Cibinong is the place in whichtax is payable for "A". On the contrary, if the supply of TaxableGoods and rendering of Taxable Services occurs at the place of his residence,the individual "A" shall be obliged to register in Bogor District TaxOffice. However, if individual 'A' supply Taxable Goods or Taxable Services bothat his place of residence and business activity, "A" shall be obligedto register both in the Bogor District Tax Office and Cibinong District TaxOffice because his taxes are payable at the both places.

Different from an individual, anentity which has been confirmed as a Taxable Person for VAT purposes shall beobliged to register both at the place of domicile and business activity becausean entity confirmed as a Taxable Person for VAT purposes is considered to makea supply of Taxable Goods and or rendering of Taxable Services at both places.

Example 2:

Taxable Person for VAT purposes"A" has three places of business activities which are Bengkulu, Curupand Manna, and all of which are under one District Tax Office, namely BengkuluDistrict Tax Office. Each of the three places of business activities,makes a supply of Taxable Goods and or rendering of Taxable Services and makesa sales and financial administration, hence Taxable Person for VAT purposes"A" is subject to tax at the three places or cities. In this instance,Taxable Person for VAT purposes "A " shall be obliged to choose oneplace of business activities, for example the one in Bengkulu, to report itsbusiness activities to be registered as a Taxable Person for VAT purposes inBengkulu District Tax Office. The Taxable Person for VAT purposes "A" in Bengkulu will be responsible to report all thebusiness activities of the three branches.

Paragraph (2)

In case a Taxable Person for VATpurposes has tax payable in more than one place, hence in fulfilling his taxobligation, he may request in writing to the Director General of Taxes tochoose one or more of the places of its activities as the place or places inwhich tax is payable. Director General of Taxes, prior to the decision is made,shall conduct an audit to ensure the following:

a.

supply of Taxable Goods or rendering ofTaxable Services for all of places of business done only in one or moreplaces of business.

b.

the sales and financial administrationis centralized on one or more places of business.

Paragraph (3)

Sufficientlyclear.

Paragraph (4)

An individual or an entity eitheras a Taxable or non Taxable Person for VAT purposes who utilizes intangible TaxableGoods from outside the Customs Area within the Customs Area and or utilizesTaxable Services from outside the Customs Area within the Customs Area, shallbe subject to tax in place of residence, domicile or business activities of theindividual or an entity concerned.

 

Article 13

(1)

A Taxable Person for VAT purposes shall beobliged to issue a Tax Invoice for each supply of Taxable Goods referred toin subparagraph a or f of Article 4, and for each rendering of TaxableServices referred to in subparagraph c of Article 4.

(2)

Notwithstanding the provision of paragraph(1), a Taxable Person for VAT purposes may issue a single Tax Invoiceconsisting of all supplies to the same buyer of Taxable Goods or recipient ofTaxable Services during one calendar month.

(3)

If payment is received before the supply ofTaxable Goods or the rendering of Taxable Services, the Tax Invoice shall beissued at the time of payment.

(4)

The time of issuance, format, size, availabilityand procedures for submission and correction of a Tax Invoice shall bedetermined by the Director General of Taxes.

(5)

A Tax Invoice shall include informationconcerning the supply of Taxable Goods or the rendering of Taxable Services, whichat least consists of the following:

 

a.

The name, address, and TaxpayerIdentification Number of the Taxable Person for VAT purposes supplying theTaxable Goods or rendering the Taxable Services;

 

b.

The name, address, and Taxpayer IdentificationNumber of the buyer of the Taxable Goods or recipient of the TaxableServices;

 

c.

The type of Goods or Services, total SalesPrice or Consideration, and amount of discount;

 

d.

The Value Added Tax withheld;

 

e.

The Sales Tax on Luxury Goods withheld;

 

f.

The code, serial number and date of issuanceof the Tax Invoice; and

 

g.

The name, position, and signature of personauthorised to sign the Tax Invoice.

(6)

The Director General of Taxes may determinecertain documents to represent a Tax Invoice.

(7)

A Taxable Person for VAT purposes may issue aSimple Tax Invoice of which the conditions shall be determined by theDirector General of Taxes Decree.

(8)

Deleted

EludicationArticle 13

Paragraph (1)

In case there is a supply ofTaxable Goods and or rendering of Taxable Services, hence a Taxable Person forVAT purposes who supplies Taxable Goods or renders Taxable Services shall beobliged to withhold Value Added Tax payable and give a Tax Invoice as a proofof tax withholding. A Tax Invoice is not necessarily made special or differentfrom the Sales Invoice. A Tax Invoice may be a Standard Tax Invoice, a SimpleTax Invoice, and certain documents determined as a Tax Invoice by the DirectorGeneral of Taxes.

Paragraph (2)

Notwithstanding with the provisionsof paragraph (1), in order to simplify administrative burden, a Taxable Personfor VAT purposes is allowed to make a single Tax Invoice, called a Joint TaxInvoice, for the supply of Taxable Goods or rendering of Taxable Services whichoccurs within the same calendar month to the same buyer or the same recipientof services.

Paragraph (3)

Sufficiently clear.

Paragraph (4)

Considering that a Sales Invoicemay be made after supply of Taxable Goods or rendering of Taxable Services,hence the Director General of Taxes is given the authority to determine thetiming of issuance of Tax Invoice.

Likewise, the Director General ofTaxes is given the authority to determine uniformity in the form, size,availability, procedures of delivery and the procedures of correcting a TaxInvoice. In this paragraph the meaning of regulation of availability of TaxInvoice is a regulation of who is responsible to make the Tax Invoice forms andthe requirement to be complied. For instance, the provision of a Tax InvoiceForm may be issued or printed by the Firm itself, while the form, size andother administrative matters are determined by the Director General of Taxes.

Paragraph (5)

A Tax Invoice is a proof of taxwithholding and may be used as a media to credit Input Tax. Consequently, a TaxInvoice must be valid formally and materially. A Tax Invoice must be filled outcompletely, clearly and faithfully and signed by the person authorized by theTaxable Person for VAT purposes. However, the filling of information on SalesTax on Luxury Goods only conducted in case the supply of Taxable Goods issubject to Sales Tax on Luxury Goods. Incomplete Tax Invoice in accordance withthe provision of this paragraph may negate the ability to credit such invoicereferred to in paragraph (8) subparagraph f of Article 9. A Tax Invoice whichcontains information and is completed in accordance with the regulation in thisparagraph is called a Standard Tax Invoice.

Paragraph (6)

Notwithstanding with the provisionsof paragraph (5), the Director General of Taxes may determine a commondocumentation in ordinary course of business as a Standard Tax Invoice.

This regulation is admitted intothe Law because:

a.

A Sales Invoice used by a TaxablePerson for VAT purposes is recognized by the public and qualify the administrativestandard as Tax Invoice, for example, a telephone bill or an airline ticket.

b.

To constitute evidence of taxwithholding, there must be a Tax Invoice while the party who is supposed tomake the Tax Invoice, such as the party which supply the Taxable Goods orServices, which located outside the Customs Area. For the purpose ofutilization of taxable services from outside customs area, hence TaxRemittance Slip may be determined as a Fax Invoice.

Paragraph (7)

A Simple Tax Invoice is also aproof of tax withholding by a Taxable Person for VAT purposes to record adirect supply of Taxable Goods or rendering of Taxable Services to the lastconsumer. The Directorate General of Taxes may determine a proof of evidence ona submission or payment as a Simple Tax Invoice. A Simple Tax Invoice, atleast, consists of the following:

a.

the name, address, TaxpayersRegistration Number of the Taxable Person for VAT purposes who suppliesTaxable Goods or renders Taxable Services;

b.

the type, and quantity of theTaxable Goods or Services;

c.

the amount of Sales Price orcompensation including tax, or separately, the amount of tax;

d.

the date of issuance the Simple TaxInvoice is made.

Paragraph (8)

Sufficiently clear.

 

Article 14

(1)

Anindividual or an entity not registered as a Taxable Person for VAT purposesis prohibited from issuing a Tax Invoice.

(2)

If a Tax Invoice has been issued, the individualor entity referred to in paragraph (1) shall deposit the tax amount writtenin the Tax Invoice to the State Treasury.

EludicationArticle 14

Paragraph (1)

A Tax Invoice may only be made by aTaxable Person for VAT purposes. The prohibition on the issuance of TaxInvoices by non-Taxable Person for VAT purposes is intended to protect thebuyer from improper tax withholding.

Paragraph (2)

Sufficientlyclear.

Article 15

Deleted

 

CHAPTER VA

SPECIAL PROVISIONS

 

Article 16A

(1)

Tax payable on a supply of Taxable Goods andor a rendering of Taxable Services to a Withholding Agent of Value Added Tax shall be withheld,deposited and reported by the Value Added Tax Withholding Agent.

(2)

The procedures of withholding, deposit andreporting of tax by the Value Added Tax Withholding Agent referred to in paragraph (1) shall bedetermined by the Minister of Finance Decree.

EludicationArticle 16A

Paragraph (1)

In case a Taxable Person for VATpurposes supplies Taxable Goods or renders Taxable Services to a Value AddedTax Withholding Agent, the Value Added Tax Withholding Agent is obliged towithhold, deposit and report the tax withheld. However, the Taxable Person forVAT purposes still has an obligation to report the tax withheld by the ValueAdded Tax Withholding Agent.

Paragraph (2)

Sufficiently clear.

Article 16B

(1)

It may be determined by the Government Regulationthat tax payable shall not be withheld in part or in full, either temporarilyor permanently, in respect of:

a.

activities in specified zones or specifiedplaces within the Customs Area;

b.

the supply of specified Taxable Goods or renderingof specified Taxable Services;

c.

imports of specified Taxable Goods;

d.

the utilisation within the Customs Area ofspecified intangible Taxable Goods obtained from outside the Customs Area;

e.

the utilisation within the Customs Area ofspecified Taxable Services obtained from outside the Customs Area.

(2)

Input Tax paid on the acquisition of TaxableGoods and or Taxable Services on which the supply is notwithheld to Value Added Tax, may still be credited.

(3)

Input Tax paid on the acquisition of TaxableGoods and or Taxable Services on which the supply isexempt from the imposition of Value Added Tax, may not becredited.

EludicationArticle 16B

Paragraph (1)

One of the principles which must befirmly held to in the tax laws is the application of the similar treatment toall Taxpayers or to the cases in the field of taxation which, in fact, is thesame as holding to the provisions of the valid law. To this end, each and everytax facility, where truly necessary, must hold to the foregoing principle andsteps be taken to ensure that its application does not depart from the purposeand aim for which the facility is granted.

The meaning and purpose offacilities granted are mainly for achieving success in economic sectors of highnational priority, encouraging the improvement of business world and enhancingthe competition ability, supporting national defense, and also acceleratingnational development.

Tax facilities under this Articleare limited to:

a.

encouraging exports of nationalpriority in Bonded Zones and Export Production Entry port Zones (EPTE), orother areas within the Customs Area which have specially designed for suchpurpose;

b.

covering possible agreementsbetween the State and other countries in the fields of trade and investments;

c.

encouraging health improvement ofthe society through the provision of vaccines for the national immunizationprogram;

d.

guarantee the availability oftools for Indonesian National Army/Police of the Republicof Indonesia (TNI/POLRI) to protectthe Republic ofIndonesia either fromexternal or internal threat;

e.

guarantee the availability ofdata base and air photograph of the Republic of Indonesiaby Indonesian National Army (TNI) to support national defense;

f.

improving the people educationand intelligence by helping the provision of text books on general subjects, holybooks and religious text books in a quite reachable price;

g.

encouraging the building ofhouses of work ship;

h.

guarantee the provision ofhousing which is attainable by the lower class society such as simple houses,very simple houses, and simple graded houses;

i.

encouraging the improvement ofnational transportation means on inland, at sea, and on air;

j.

encouraging national development by helpingthe provision of strategic goods, after consulted to the House ofRepresentative.

Paragraph (2)

Special treatmentin the form of non-withheld of Value Added Tax due means that Input Taxconnected with a supply of Taxable Goods and or rendering of Taxable Serviceswhich have been granted the special treatment can still be credited. In otherwords, Value Added Tax remains payable but is not withheld.

Example:

Taxable Person for VAT purposes 'A'produces Taxable Goods which has been granted facilities by the State, in thatcase, the Value Added Tax payable on the transfer of the Taxable Goods hasnever been withheld (and not simply postponed).

To produce these Taxable Goods, Taxable Person for VAT purposes 'A"uses other Taxable Goods and or other Taxable services as raw materials,auxiliary materials, capital goods or other cost components.

At the time of purchase of theother Taxable Goods and or Taxable Services, Taxable Person for VAT purposes'A' pays Value Added Tax to the Taxable Person for VAT purposes who sells or supplies the Taxable Goods or renders TaxableServices.

If Value Added Tax paid by TaxablePerson for VAT purposes 'A' to the supplying Taxable Person for VAT purposesconstitutes Input Tax which may be credited against Output Tax, then the InputTax can still be credited even though Output Tax is zero because of thenon-withheld of Value Added Tax by the State in accordance with the provisionsof facilities under paragraph (1).

Paragraph (3)

In contrast to the provisions inparagraph (2), special treatment may be granted in the form of exemption fromValue Added Tax which results in there being no Output Tax; Inthis instance, Input Tax connected with the supply of Taxable Goods and or renderingof Taxable Services which have been granted tax exemption cannot be credited.

Example:

Taxable Person for VAT purposes 'B'produces Taxable Goods, which have been granted tax facilities such as anyexemption from VAT on their supply by the State,

To produce the Taxable Goods, 'B'uses other Taxable Goods and or Taxable Services as raw materials, auxiliarymaterials, capital goods or other cost components.

At the time of purchase of theother Taxable Goods and or Taxable Services, 'B' pays Value Added Tax to theTaxable Person for VAT purposes selling or supplying the Taxable Goods orrendering the Taxable Services.

Although Value Added Tax paid by'B' to the other Taxable Person for VAT is Input Tax, which, may be credited,since in fact there is no Output Tax because of the exemption granted underparagraph (1), the Input Tax cannot be credited.

 

Article 16C

Value Added Tax shall be imposed onself-construction activities conducted outside the course of business or work byan individual or an entity where the results are for personal use or for otherparty use whereby such limitation and procedures shall be determined by theMinister of Finance Decree.

EludicationArticle 16C

Self-construction activitiesundertaken outside the course of business or work are subject to Value AddedTax considered to prevent avoidance of the imposition of Value Added Tax.

To protect the low income societyfrom imposition of Value Added Tax on a self-construction activity, the definition of self- construction are stipulated by theMinister of Finance Decree.

Article 16D

Value Added Tax shall be imposed on thetransfer of assets originally acquired not for sale by a Taxable Person,provided the Value Added Tax paid at the time of acquisition is creditable.

EludicationArticle 16D

A supply of machinery, buildings,tools, furniture or other assets which, originally purposes not for sale by aTaxable Person for VAT purposes, is subject to tax as long as it falls underthe requirement, that Value Added Tax paid at the time of acquisition may becredited in accordance with this Law.

Accordingly, a supply of such assets is not subject to tax if the ValueAdded Tax paid at the time of acquisition cannot be credited based on theregulations in this Law, except otherwise the rejection of credibility of ValueAdded Tax due to unqualified evidence according to administrative requirement,such as a Tax Invoice which has not been completed in accordance with theprovisions of Article 13 paragraph (5).

 

CHAPTER VI

OTHER PROVISIONS

 

Article 17

Matters related to the definition andprocedures for tax withholding in relation to the application of this Law andwhich are not specifically regulated by this Law, shall be subject to theprovisions of the Law on General Provisions and Tax Procedures as well as otherLaws.

EludicationArticle 17

Sufficiently clear.

 

CHAPTER VIII

INTERIM PROVISIONS

 

Article 18

(1)

With coming into effect of this Law:

 

a.

All supplies of Taxable Goods or rendering ofTaxable Services and imports of Taxable Goods, which is conducted before thisLaw comes into effect, is still taxable under the Law on Sales Tax 1951;

 

b.

In the course when the regulations forimplementation of this Law have not been stipulated, the existing regulationswhich are not against this Law are still applicable.

(2)

The implementation regulations referred to inparagraph (1) shall be stipulated further by the Minister of Finance.

EludicationArticle 18

Paragraph (1)

Subparagraph a

Sufficiently clear.

Subparagraph b

All the existing implementation regulations whichhave been issued accordance to the Law on Sales Tax of 1951 which are notagainst the content and purpose of this Law, are still coming into effect aslong as it is not abolished yet or replaced by the regulations issued based onthis Law.

Paragraph (2)

The provisions of paragraph (2) areintended to overcome the problem arisen within the interim period asconsequences of Law on Value Added Tax and Sales Tax on Luxury Goods cominginto effect and Law on Sales Tax of 1951 not coming into effect any more, onthe same object for tax imposition such as :

-

long term contract or contractwhich involves period between those two Laws;

-

the rest of Sales Price orConsideration which is not paid yet;

-

inventory of goods which the Input Tax isnot available yet.

In this respect Minister of Financeis given authority to determine other implementation regulations, which aredifferent from paragraph (1) to reduce unfairness in burdening tax and smooththe implementation of this Law.

 

CHAPTER VII

CLOSING PROVISIONS

Article 19

Matters that have not been regulated yet bythis Law shall be stipulated further by the Government Regulation.

EludicationArticle 19

Sufficiently clear.

 

Annotations:

Withcoming into effect this Law:

a.

The postponementof the payment of Value Added Tax and Sales Tax on Luxury Goods, which hasbeen granted before this Law comes into effect, shall be ended in accordancewith the period of the postponement granted, but not later than 31 Decemberof 1999.

b.

Theimposition of Value Added Tax and Sales Tax on Luxury Goods on business inmining of oil and gas, general mining, and other mining under ProductionSharing Contract, Contract of Work, or Agreement of Work on Mining Businesswhich is still applicable at the time this Law comes into effect, shall becalculated in accordance with Production Sharing Contract, Contract of Work,or Agreement of Work on Mining Business concerned until such ProductionSharing Contract, Contract of Work, or Agreement of Work on Mining Businessterminates.

(Pursuantto Article II of Law Number 11 of 1994)

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