Penyegaran UU PPH (English) - Revisi
Penyegaran UU PPH (English) - Revisi
Rp
Principle
Base
Legal
Taxation Construction
Income
Tax Law Income Tax Law
Positivisme, in accordance with positive legal norms
Rule Based Legality, based on legal documentation
1. Individual
2. Inheritance that has not been divided as a unit replaces the
rightful one
Which
Corporate
becomes Tax
subject:
Permanent Establishment
The permanent establishment is a tax subject whose tax treatment is the same as that of a corporate tax subject.
Permanent form of business is a form of business that is used by an individual to run a business or carry out business activities
in Indonesia which can be in the form of: the domicile of management; branch company; representative office; building
office; factory; workshop; warehouse; space for promotion and sales; mining and extracting natural resources; region
oil and gas mining work; fishery, animal husbandry, agriculture, plantation, or forestry; project
construction, installation, or assembly projects; the provision of services in any form by employees or other persons as long as
carried out more than 60 (sixty) days within a period of 12 (twelve) months; person or entity acting as
agent whose position is not independent; agent or employee of an insurance company that is not established and is not
located domicile in Indonesia that receives insurance premiums or bears risks in Indonesia; and computers, agents
electronic, or automated equipment that is owned, rented, or used by the provider of electronic transactions for
carry out business activities via the internet.
JOB CREATION LAW
Subject 111
Including domestic tax subjects is an
individual, whether that is a citizen
Indonesia or citizen Foreigner who:
1. Live in Indonesia;
2. being in Indonesia for more than 183 days in a 12-month period;
3. in a tax year are in Indonesia and have the intention to reside in Indonesia
Previous rule
Only mention the criteria of the individual, without mentioning the status
citizenship.
JOB CREATION LAW
Subject 111
Including foreign tax subjects::
a. an individual who does not reside in Indonesia;
b. foreign nationals who stay in Indonesia for not more than
183 days in a 12-month period;
c. Indonesian citizens who are outside Indonesia for more
than 183 days in a 12 month period and
meet the requirements:
1. residence;
2. main activity center;
3. place to practice;
4. tax subject status; and/or
5. other specific requirements
which further provisions regarding requirements
This is regulated in the Regulation of the Minister
of Finance.
Note:
Clarify the determination of tax subject status for Indonesian citizens outside Indonesia >
183 day.
Not Subject to Personal Tax
(Article 3 Income Tax Law)
• diplomatic and consular representatives or other officials from
foreign countries and seconded persons to those who work for and
reside with them on the condition that:
a. not an Indonesian citizen;
b. in Indonesia do not receive or earn income outside the
position or work
c. and the country concerned provides reciprocal treatment
111
Foreign citizens who have become domestic
tax subjects are subject to Income Tax only
WNA on income received or earned from
4TAHUN
PERTAMA
Indonesia with the following provisions:
a. have certain skills; and
b. valid for 4 tax years calculated from becoming
a domestic tax subject..
Previous rule
Subjective Tax
Liability Start End
INCOME
honor
Other income
INCOME
Excluded from
Tax object
Tax Object
food, food ingredients, beverage ingredients, and/or drinks for all employees
Nature and/or enjoyment provided in certain areas
Nature and/or enjoyment that must be provided by the employer in carrying out the
work
Natura and/or enjoyment sourced from APBN, APBD, and APBDes
Nature and/or enjoyment with certain types and/or limitations
PERMANENT ESTABLISHMENT INCOME TAX OBJECT
(Article 5)
Income from
business/activities Income as
Permanent referred to in Head Office Income from
establishment and Article 26 Business or Activities:
from assets
owned/controlled
Expenses/Cost
*) each family member by blood and by marriage in a straight line as well as adopted
children who are fully dependent at most 3 (three) people for each family
Taxation of Family Income
(Article 8 of the Income Tax Law)
WITHHOLDING
INCOME TAX Pension Funds, Labor Social Security Administering
ARTICLE 21 Bodies and Other Agencies
Event Organizer
THE EMPLOYER IS NOT A TAX WITHHOLDING
ACTIVITY
EMPLOYEE PARTICIPANTS:
NOT FORMER • Contest Participants
EMPLOYEE EMPOLYEE
• Attendees of Meetings,
PERMANENT
PERMANENT TEMPORARY
Conferences, Sessions,
Meetings, Working Visits
RECIPIENTS OF • Participant/Committee
MEMBERS OF THE BOARD Member
severance
OF COMMISSIONERS/
pay, PENSION
SUPERVISORS • Participants Education,
or PENSION Training
who do not double as
BENEFITS
employees • Other Activity
MONEY, ENT,
Participants
JHT, including
the heirs
Income Tax Object Article 21
PPh 21 payable = Tax Imposition Base x Income Tax Rate Article 17 paragraph (1)
letter a Income Tax Law
Layers of Rates
Taxable Income
≤ IDR 60 Million 5%
IDR 60 Million< x ≤ IDR 250 Million 15%
IDR 250 Million < x ≤ IDR 500 Million 25%
NO SUSTAINABLE
50% X GROSS INCOME
COMMISSIONERS,
FORMEREMPLOYEES, GROSS INCOME CUMULATIVE
WITHDRAWALOF
DAPENO/EMPLOYEES
WITHHOLDING
• Government agencies/Government Agencies
• Domestic corporate tax subject
• Domestic activity organizers
• Permanent Establishment
• Individuals as taxpayers in certain countries
TAXPAYER WITHOUT
• Domestic Taxpayers and Permanent Establishments
receiving income which is the object of Article 23 Income
Tax from Article 23 Income Tax Withholding.
WHEN OBTAINED
• at the time of payment;
• when made available for payment (eg: dividends); and
• When due.
Object and Rates Income Tax Article 23
(Article 23 paragraph (1) Law Number. 36 Year 2008)
INTEREST DIVIDEND
RENT SERVICE
ROYALTY PRESENT
Object Income Tax Article 23
(Article 23 paragraph (1) Law Number. 36 Year 2008)
Import:
a. Imported goods a. 10% Attachment A PMK-110
b. 7,5% Attachment B PMK-110
1 Foreign Exchange
Bank & Directorate
b. Exports of coal, metal
minerals, and non-metallic c. 0,5% Attachment C PMK-110
General of Customs minerals carried out by d. 2,5% except a,b,c with API
exporters, except by e.7.5% except a,b,c without
Taxpayers who are bound API tax base : Import value
by PKP2B and KK Eksport:
1.5% Attachment D PMK-110
Tax base: Export value
2 Government treasurer,
expenditure treasurer,
proxy of Budget
purchase of goods 1,5%* purchase price
(VAT not included)
User/SPM Issuing Officer
Government Agencies(PMK-231/2019)
MFN RATE
BAG SHOES
Hs: 4204 Hs:64 VAT
Charged: Charged
10 %
BM 15%- 20% BM 25%-30%
VAT
TEXTILE PRODUCT 7,5% - 10 %
Hs: 61,62,63
Charged:
B:M 15%- 25%
WHY?
0.3% steels
Business entities cement
industry, paper industry, steel Sales of produce to domestic 0.45% vehicle/automotive
4 industry, automotive industry,
and pharmaceutical industry
distributors 0.25% cement
0.1% paper
0.3% pharmaceutical
motorized vehicle
1. PP Number 27 of 2008
2. PMK-63/PMK.03/2008
20% (Foreign
Taxpayers)
Earnings on Sales of Shares on the Stock Exchange
1. PP Number 34 of 2016
2. PMK-261/PMK.03/2016
Income Tax Rate Tax Base Tax Withholder
Object
Transfer of 0% To the government, a. Value based on Office • Personal
rights above BUMN/BUMD Decision. Deposit before
assignment for b. Value of auction minutes the deed
General Decision (UU 2 c. Should Value signed.
of 2012) (special relationship) • SSP must
d. Actually value (not a validated by KPP
Commitment 1% RS and RSS redirect special relationship) via e-PHTB
of Sale and by WP developer e. The value that should
Purchase be based on the
2,5% Other than above
Agreement of market price
Land and/or (exchange, grant, etc.)
Building and
it’s
amendment
(PPJB)
Online Validation via www.pajak.go.id/ ePHTB (PER-21/PJ/2019):
a. Using single rate
b. Payment by SSP/NTPN
c. Payment max. 10 SSP/NTPN
Land and/or Building Rental
1. PP Number 34 of 2017
2. KMK-394/KMK.04/1996 jo. KMK-120/KMK.03/2002
Income tax Object Rate Tax Base Deduction When Payable
Rent Land and/or 10% All the amount Deducted Time of payment or
Building paid/recognize as debt by owed rent, depends
the Lessee by name and in which event is more
any form, which relate to happened before
land and/or Buildings that
rent cost included
maintenance, cost
maintenance, cost security,
services fees, and other
facility fees, whether the
agreement is made
separately as well as
combined
Income that Personal Deposit (if
received right the opponent
holder on the land transaction is not
of Related investors tax withholding)
agreement Build
Operate Transfer
(BOT)
Construction Service Business
Lottery Prized with any name 25% Gross Amount Lottery Organizer
and in any form Lottery Prized
Cooperative Savings Interest for Individuals
1. PP Number 15 of 2009
2. PMK-112/PMK.03/2010
Interest on savings paid 0% (interest savings Gross Value Cooperative who paid the
by cooperatives to ‘till IDR 240.000) of interest interest saving, when
individual cooperative savings payment
members 10% (interest savings
> IDR 240.000)
Final Income Tax Article 15
Norm OTHER
FOREIGN
Counting
TAXPAYER
HOW TO CALCULATE TAX
Taxable income
Cost
Income Article 6 and Net Income
Article 4
paragraph (1)
Article 9 paragraph
(1) d, e, f
Loss
Net Income Compensation Taxable
Article 6 Income
paragraph (2)
HOW TO CALCULATE TAX
Taxable Income
Cost
Income Article 5
Article 5 paragraph (2) and (3), Net Income
paragraph (1), Article 6, and article 9
Article 4
paragraph (1) d, e, f
paragraph (1)
Loss
Net Income Compensation Taxable
Article 6 Income
paragraph
(2)
HOW TO CALCULATE TAX
Tax Rate
% Tax Rate
Special/Separate
General Rate Rate
(Final)
Income Tax
Article
Payable
Less in credit
tax
(Income Tax Article
21, 22, 23, 24, 25,
26(5))
Article 25 paragraph (6) of the Income Tax Article 25 paragraphs (7) of The Income Tax
All earnings:
• business activities and
The calculation sheet Repeal outside business activities
for the Ps 31E Self • after deducting sales
SE-66/PJ/2010 returns and deductions as
paragraph (1) facility Assessment
can be attached to the well as cash discounts in the
Annual Corporate relevant Fiscal Year,
Income Tax Return • before deducting the costs
Domestic Tax of obtaining, collecting and
Subject, maintaining income (from
Except Indonesia and outside
SE-02/PJ/2015 Permanent
Establishment
Indonesia), includes:
(9 Jan 2015)
Instalment Tax 1) Income deducted by Final
Article 25 = Tax Income;
Gross
Rates Tax Article 31E 2) Income deducted by Non-
circulation final Tax Income; and
(1) limit IDR
For the 3) Income that is
calculation of 50M excluded from the tax
income tax Not a object.
payable on choice
non-final
taxable
income
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