authorized translation · 2018-12-06 · authorized translation -2- regulation number 24 of 2018 on...

32
Authorized Translation -1- MINISTER OF FINANCE REPUBLIC OF INDONESIA COPY REGULATION OF MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA NUMBER 150 /PMK.010/2018 CONCERNING PROVISION OF CORPORATE INCOME TAX DEDUCTION FACILITY BY THE GRACE OF GOD ALMIGHTY THE MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA, Considering : a. that the provisions concerning the provision of Corporate Income Tax deduction facility have been set up in the Regulation of Minister of Finance Number 35/PMK.010/2018 concerning Provision of Corporate Income Tax Deduction Facility; b. that in order to further increase direct investment activities in pioneer industry to boost economic growth and for alignment with the provisions related to business license based on Government

Upload: others

Post on 15-Mar-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-1-

MINISTER OF FINANCE

REPUBLIC OF INDONESIA

COPY

REGULATION OF MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA

NUMBER 150 /PMK.010/2018

CONCERNING

PROVISION OF CORPORATE INCOME TAX DEDUCTION FACILITY

BY THE GRACE OF GOD ALMIGHTY

THE MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA,

Considering : a. that the provisions concerning the provision of

Corporate Income Tax deduction facility have been

set up in the Regulation of Minister of Finance

Number 35/PMK.010/2018 concerning Provision of

Corporate Income Tax Deduction Facility;

b. that in order to further increase direct investment

activities in pioneer industry to boost economic

growth and for alignment with the provisions

related to business license based on Government

Page 2: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-2-

Regulation Number 24 of 2018 on Online Single

Submission, it is necessary to replace the provision

of Corporate Income Tax deduction facility as

referred to in paragraph a;

c. that based on the considerations as referred to in

paragraphs a and b, as well as to implement the

provisions of Article 30 of Government Regulation

Number 94 of 2010 concerning the Calculation of

Taxable Income and Settlement of Withholding

Tax in Current Year, it is necessary to establish a

Regulation of the Minister of Finance concerning

Provision of Corporate Income Tax Deduction

Facility;

In view of : 1. Law Number 7 of 1983 concerning Withholding Tax

(State Gazette of the Republic of Indonesia of

1983 Number 50, Supplement to the State Gazette

of the Republic of Indonesia Number 3263) as

amended several times, most recently by Law

Number 36 of 2008 concerning Fourth Amendment

to Law Number 7 of 1983 concerning Withholding

Tax (State Gazette of the Republic of Indonesia of

2008 Number 133, Supplement to the State

Gazette of the Republic of Indonesia Number

Page 3: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-3-

4993);

2. Law Number 25 of 2007 concerning Investment

(State Gazette of the Republic of Indonesia of

2007 Number 67, Supplement to the State Gazette

of the Republic of Indonesia Number 4724);

3. Government Regulation Number 94 of 2010

concerning Calculation of Taxable Income and

Settlement of Withholding Tax in Current Year

(State Gazette of the Republic of Indonesia of

2010 Number 161, Supplement to the State

Gazette of the Republic of Indonesia Number

5183);

4. Government Regulation Number 24 of 2018

concerning Online Single Submission Services

(State Gazette of the Republic of Indonesia of

2018 Number 90, Supplement to the State Gazette

of the Republic of Indonesia Number 6215);

HAS DECIDED:

To stipulate : REGULATION OF THE MINISTER OF FINANCE

CONCERNING PROVISION OF CORPORATE INCOME TAX

DEDUCTION FACILITY.

Page 4: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-4-

Article 1

In this Regulation any reference to:

1. Pioneer industry is an industry that has extensive

connections, gives add value and high externality,

introduces new technologies, and has a strategic

value for the national economy.

2. Main Business Activity is the business field and the

type of production as set out in the principle license,

investment license, investment registration, or

Taxpayer business license at the time of submission

of application for Provision of Corporate Income Tax

Deduction Facility, including the expansion and

changes to the extent included in the criteria of

Pioneer Industry.

3. Commercial Production Commencement is the first

time the results of production of Main Business

Activity sold to the market and/or used by itself for

further production process.

4. Online Single Submission hereinafter abbreviated

as OSS is business licensing by OSS Agency for and

on behalf of the minister, the head of the

institution, governor or regent/mayor to businesses

through an integrated electronic system.

Page 5: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-5-

5. OSS Management and Operator Agency hereinafter

referred to as OSS Agency is a non-ministerial

government institution organizing government

affairs in the field of coordination of investment.

Article 2

(1) Corporate Taxpayers making new investments in

Pioneer Industry may obtain Corporate Income Tax

Deduction on income received or gained from their

Main Business Activities.

(2) The new capital investment as referred to in

paragraph (1) shall at least be

Rp100.000.000.000,00 (one hundred billion

rupiah).

(3) Corporate Income Tax deduction as referred to in

paragraph (1) shall be as follows:

a. 100% (one hundred percent) of the Corporate

Withholding Tax payable for new investments

as referred to in paragraph (1) of at least

Rp500.000.000.000,00 (five hundred billion

rupiah); and

b. 50% (fifty percent) of the Corporate

Withholding Tax payable for new investments

as referred to in paragraph (1) of at least

Page 6: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-6-

Rp100.000.000.000,00 (one hundred billion

rupiah) and maximum less than

Rp500.000.000.000,00 (five hundred billion

rupiah).

(4) The term of Corporate Income Tax deduction as

described in paragraph (3) point a shall be given

based on the following provisions:

a. for five (5) fiscal years for new investment and

the planned investment at least

Rp500.000.000.000,00 (five hundred billion

rupiah) and less than

Rp1.000.000.000.000,00 (one trillion rupiah);

b. for 7 (seven) fiscal years for new investment

with planned investment of at least

Rp1.000.000.000.000.00 (one trillion rupiah)

and less than Rp.5.000.000.000.000.00 (five

trillion rupiah);

c. for 10 (ten) fiscal years for new investment

with planned investment of at least

Rp5.000.000.000.000,00 (five trillion rupiah)

and less than Rp15.000.000.000.000.00

(fifteen trillion rupiah);

d. for 15 (fifteen) fiscal years for new investment

Page 7: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-7-

with planned investment of at least

Rp15.000.000.000.000,00 (fifteen trillion)

and less than Rp30.000.000.000.000,00

(thirty trillion rupiah);

e. for 20 (twenty) fiscal years for new

investment with planned investment of at

least Rp30.000.000.000.000,00 (thirty trillion

rupiah).

(5) The term of Corporate Income Tax deduction as

described in paragraph (3) point b shall be given for

five (5) fiscal years.

(6) After the expiry of the term of provision of

Corporate Income Tax deduction as referred to in

paragraph (4) or paragraph (5), taxpayers shall be

given of Corporate Income Tax deduction as

follows:

a. 50% (fifty percent) of the Corporate

Withholding Tax payable for the next two (2)

years for new investment as referred to in

paragraph (3) point a; or

b. 25% (twenty five percent) of the Corporate

Withholding Tax payable for the next two (2)

years for new investments as referred to in

Page 8: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-8-

paragraph (3) point b.

Article 3

(1) In order to obtain Corporate Income Tax deduction

as referred to in Article 2 paragraph (1) corporate

Taxpayers must meet the following criteria:

a. it is a Pioneer Industry;

b. it is an Indonesia's corporation;

c. it is a new investment to which it has not been

issued a decision on the granting or

notification concerning the rejection of

Corporate Income Tax deduction;

d. it has an investment plan of at least

Rp100.000.000.000.00 (one hundred billion

rupiah); and

e. it meets the provision of debt and capital ratio

as referred to in the Regulation of Minister of

Finance concerning the determination of the

company’s debt and capital ratio for the

purpose of calculating withholding tax.

(2) Pioneer Industry as referred to in paragraph (1) a

includes:

a. upstream base metal industry:

1. steel; or

Page 9: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-9-

2. non-steel,

without or with its integrated derivatives;

b. oil and gas refining without or with its

integrated derivatives;

c. petroleum-based petrochemical industry,

natural gas or coal without or with its

integrated derivatives;

d. organic basic chemicals industry sourced from

agriculture, plantation, or forestry without or

with its integrated derivatives;

e. inorganic basic chemicals industry without or

with its integrated derivatives;

f. main raw materials of pharmaceutical industry

without or with its integrated derivatives;

g. Irradiation, electro-medical, or electrotherapy

equipment manufacturing industry;

h. Electronics or telematics equipment main

components manufacturing industry, such as

semiconductor wafers, backlight for Liquid

Crystal Display (LCD), electrical driver, or the

display.

i. machinery and machine main components

manufacturing industry;

Page 10: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-10-

j. robotic components manufacturing industry

that support manufacturing machine industry;

k. power plant machine main components

manufacturing industry;

l. motor vehicle and motor vehicle main

components manufacturing industry;

m. vessel main component manufacturing

industry;

n. train main component manufacturing

industry;

o. aircraft main component and aerospace

industry supporting activities manufacturing

industry;

p. agriculture, plantation, or forestry producing

pulp-based processing industry without or

with its derivatives;

q. economic infrastructure; or

r. digital economy that includes data processing,

hosting, and activities associated with it.

(3) Details of business sectors and types of production

of each Pioneer Industry coverage as referred to in

paragraph (2) shall be determined by the

Regulation of Investment Coordinating Board,

Page 11: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-11-

based on the results of coordination meeting

organized by the Coordinating Ministry for

Economic Affairs.

(4) In the event the Taxpayer as referred to in

paragraph (1) is directly owned by domestic

Taxpayer, in addition to meeting the criteria as

referred to in paragraph (1), the Taxpayer must

demonstrate that all shareholders recorded in the

establishment deed have meet the taxation

obligations.

(5) In the event of change of shareholders, the taxation

obligation compliance requirements as referred to

in paragraph (4) shall only apply to shareholders

recorded in the most recent amendment deed.

(6) Taxation obligation compliance of shareholders as

referred to in paragraph (4) or paragraph (5) shall

be evidenced by a fiscal certificate.

(7) Fiscal certificate as referred to in paragraph (6)

shall be issued by the taxation authorities in

accordance with the provisions of legislations in the

field of taxation.

Article 4

(1) The determination of the suitability of the

Page 12: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-12-

fulfillment of the criteria as referred to in Article 3,

paragraph (1) shall be carried out through the OSS

system.

(2) In the event of new investment, Taxpayer:

a. has met the criteria as referred to in Article 3,

paragraph (1), the OSS system shall generate

notice to the Taxpayer that the investment

has met the criteria to obtain Corporate

Income Tax deduction facility;

b. has not met the criteria as referred in Article 3,

paragraph (1), the OSS system shall generate

notice to the Taxpayer that the investment

has not met the criteria to obtain Corporate

Income Tax deduction facility.

(3) In the event Taxpayer has received notification as

referred to in paragraph (2) point a, the Taxpayer

shall be deemed to have applied for Corporate

Income Tax deduction if the Taxpayer has

submitted formalities as referred to in Article 3 as

follows:

a. softcopy of details of fixed assets in the

investment plan and the debt to equity ratio;

and

Page 13: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-13-

b. softcopy or electronic documents of certificate

of fiscal of the shareholders,

through OSS system prior to Commercial

Production Commencement of the new

investments.

(4) The application for Corporate Income Tax

deduction as referred to in paragraph (3) shall be

conducted:

a. simultaneously with the registration of the

business registration number for new

Taxpayer; or

b. no later than 1 (one) year from the issuance of

business license for the new investment.

(5) Application for Corporate Income Tax deduction as

referred to in paragraph (3) which has been

completely received, shall be delivered by the OSS

system to the Minister of Finance through the

Director General of Tax as proposal for the granting

of Corporate Income Tax deduction, and the OSS

system shall serve notification on the Taxpayer that

the application for the Corporate Income Tax

deduction has been forwarded to the Minister of

Finance.

Page 14: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-14-

Article 5

(1) In the event a Taxpayer applies for Corporate

Income Tax deduction for industry coverage not

listed in the scope of Pioneer Industry as referred to

in Article 3 paragraph (2) and has met the criteria

as referred to in Article 3 (1) points b through e,

and the requirements in Article 3 paragraph (6),

and the Taxpayer in question stated that its

industry is a Pioneer Industry, the application shall

be discussed among the ministries.

(2) The inter-ministerial discussion as referred to in

paragraph (1) shall be coordinated by the

Investment Coordinating Board to determine the

suitability of the business field of the Taxpayer with

the criteria of Pioneer Industry, at least involving

Ministry of Finance and the ministries/agencies

supervising the sector.

(3) In the event the inter-ministerial discussion as

referred to in paragraph (2) decides that the

coverage of industry of the Taxpayer has met the

criteria as a Pioneer Industry, the Head of the

Investment Coordinating Board may apply for a

Corporate Income Tax deduction as referred to in

Page 15: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-15-

paragraph (1) to the Minister of Finance through

the Director General of Tax.

(4) The submission of application by the Head of the

Investment Coordinating Board as referred to in

paragraph (3) shall be conducted through the OSS

system.

Article 6

(1) The Provision of Corporate Income Tax deduction

shall be decided by the Minister of Finance after

receiving proposal of Corporate Income Tax

deduction as referred to in Article 4 paragraph (5)

or Article 5, paragraph (3).

(2) The Provision of Corporate Income Tax deduction

as referred to in paragraph (1) shall be mandated

to the Director General of Taxes for and on behalf of

the Minister of Finance.

(3) The decision as referred to in paragraph (2) shall be

issued not later than 5 (five) working days from the

receipt of correct and complete proposal of

Corporate Income Tax deduction.

(4) Director General of Tax who received the delegation

of authority from the Minister of Finance as referred

to in paragraph (2):

Page 16: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-16-

a. shall observe the provisions of legislation;

b. shall be substantially responsible for the

implementation of the delegation of authority

given to the person concerned; and

c. shall not sub-delegate the delegation of

authority received to other parties.

Article 7

(1) Corporate Income Tax Deduction as referred to in

Article 2 paragraph (1) shall be effectively used by

Taxpayer from the fiscal year of Commercial

Production Commencement.

(2) The commercial production commencement as

referred to in paragraph (1) shall be determined by

the Director General of Tax based on the results of

field inspection.

(3) Field inspections as referred to in paragraph (2)

shall be conducted after the Director General of Tax

has received notice from the Head of the

Investment Coordinating Board concerning the

request for the establishment of commercial

production commencement from the Taxpayer.

(4) Determination as referred to in paragraph (2) shall

state:

Page 17: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-17-

a. Commercial Production Commencement Date;

b. realization of new capital investment at the

Commercial Production Commencement; and

c. conformance between the realization and the

plan of Main Business Activity.

(5) Further provisions concerning procedures for field

inspection as referred to in paragraph (2) shall be

provided by the Director General of Tax.

Article 8

(1) Taxpayers receiving assignment from the

government in accordance with legislation

concerning accelerated implementation of national

strategic projects may apply for Corporate Income

Tax deduction as referred to in Article 2 paragraph

(1) to the extent it meets the provisions as referred

to in Article 3 and the following conditions apply:

a. when applying for Corporate Income Tax

deduction it is exempt from the provisions as

referred to in Article 4 paragraph (1);

b. Corporate Income Tax deduction shall be

utilized by the Taxpayers to the extent it has

met Commercial Production Commencement

and has realized all of its investment plan in

Page 18: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-18-

accordance with the documents as referred to

in Article 4, paragraph (3);

c. utilization of Corporate Income Tax deduction

as referred to in point b shall be determined by

the Director General of Tax based on field

inspection;

d. field inspection as referred to in point c shall

be conducted after the Director General of Tax

has received notice from the Head of the

Investment Coordinating Board concerning

the application for utilization of Corporate

Income Tax deduction; and

e. determination as referred to in point c shall at

least consists of:

1. Commercial Production Commencement

date and realization of the entire new

investment plan;

2. Total new capital investment realization;

and

3. Conformity between the realization and

the plan of Main Business Activity.

(2) Government assignment as referred to in

paragraph (1) is an assignment set by a decree of

Page 19: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-19-

minister or ministerial-level institutional head.

(3) Further provisions on procedures for field

inspection in the establishment of the utilization of

Corporate Income Tax deduction as referred to in

paragraph (1) point c shall be provided by the

Director General of Tax.

Article 9

In the event based on the field inspection as referred to

in Article 7 (2) and Article 8, paragraph (1) point c it is

found that:

a. the total realization of new investment plan of the

Taxpayer is less than the minimum limit for new

investment plan underlying the period of Corporate

Income Tax deduction as referred to in Article 2

(4);

b. the total realization of new investment of the

Taxpayer is more than or equal to

Rp100.000.000.000.00 (one hundred billion

rupiah); and

c. there is conformance between the realization and

the plan of Main Business Activity.

the amount and/or term of Corporate Income Tax

deduction as stated in the decision as referred to in

Page 20: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-20-

Article 6 paragraph (1) shall be adjusted to the amount

of Corporate Income Tax deduction hat should have

been obtained by Taxpayers as referred to in Article 2

paragraph (3) and/or the term of Corporate Income Tax

deduction that should have been obtained by Taxpayers

as defined in Article 2 (4) or paragraph (5).

Article 10

(1) Taxpayers who have obtained Decree of the

Minister of Finance concerning the provision of

Corporate Income Tax deduction shall submit on

annual basis to the Director General of Tax and

Head of Fiscal Policy Agency in the form of:

a. report on the realization of investment as of

receiving Decree of Minister of Finance

concerning the provision of Corporate Income

Tax deduction until Commercial Production

Commencement or until the investment plan

has been realized for Taxpayers receiving

government assignment in accordance with

the legislations concerning accelerated

implementation of national strategic

projects; and

b. report on realization of production as of the

Page 21: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-21-

fiscal year of the Commercial Production

Commencement until the expiry of the term

of utilization of Corporate Income Tax

deduction or from the fiscal year of

determination of Corporate Income Tax

deduction until term the expiry of term of

utilization of Corporate Income Tax deduction

for Taxpayers receiving government

assignment in accordance with legislations

concerning accelerated implementation of

national strategic projects.

(2) Reports as referred to in paragraph (1) shall be

submitted within 30 (thirty) days from the end of

the fiscal year in question.

(3) Further provisions concerning reporting procedures

as referred to in paragraph (1) shall be provided by

the Director General of Tax.

Article 11

(1) The decision as referred to in Article 6 paragraph

(1) shall be revoked, in the event:

a. based on the results of field inspection as

referred to in Article 7 paragraph (2) or Article

8 (1) c, it is found the total realization of new

Page 22: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-22-

investment of Taxpayer is less than

Rp100.000.000.000.00 (one hundred billion

rupiah);

b. based on the results of field inspection as

referred to in Article 7 paragraph (2) or Article

8 (1) c, it is found discrepancy between the

realization and the Main Business Activity

plan;

c. Taxpayers import, purchase, or acquire used

capital goods in the realization of the new

investment that obtains the Corporate Income

Tax deduction, unless the used capital goods

in question are relocating as a whole as a

package of new investments from other

countries and are not produced in the country

and/or Taxpayer who gets the assignment

government according to laws and regulations

concerning accelerated implementation of the

national strategic project;

d. Taxpayers realize Main Business Activity that

is not in accordance with the Main Business

Activity plan during the term of utilization of

Corporate Income Tax deduction;

Page 23: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-23-

e. Taxpayers transfer its assets during the term

of utilization of Corporate Income Tax

deduction, unless the transfer is done for the

purpose of increasing efficiency and does not

cause realization of new investment that less

than the new investment plan; and/or

f. Taxpayers relocate new investment abroad.

(2) Revocation of decree as a result of the case referred

to in paragraph (1) points a and b shall be decided

by the Director General of Tax on behalf of the

Minister of Finance.

(3) Revocation of decree as a result of the case as

referred to in paragraph (1) points c through f shall

be determined by the Director General of Tax on

behalf of the Minister of Finance after obtaining

recommendation of the Head of the Fiscal Policy

Agency.

(4) Taxpayers who are subject to revocation as

referred to in paragraph (3) shall return the

Corporate Income Tax deduction that has been

used and be sanctioned in accordance with the

provisions of legislation in the field of taxation, and

longer eligible for Corporate Income Tax deduction.

Page 24: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-24-

(5) Further provisions concerning the procedures for

revocation of decree on Corporate Income Tax

deduction as described in paragraph (2) and (3)

shall be regulated by the Director General of Tax.

Article 12

(1) Taxpayers who obtain the Corporate Income Tax

deduction as referred to in Article 2 shall:

a. maintain separate books on incomes obtaining

the Corporate Income Tax deduction and

other incomes that do not obtain Corporate

Income Tax deduction; and

b. continue to implement the withholding and

assessment of tax liabilities to the other party

in accordance with the provisions of legislation

in the field of taxation.

(2) In the event of shared cost for Taxpayers as

described in paragraph (1) point a that cannot be

separated in order to calculate the amount of

taxable income, it shall be allocated proportionally.

(3) Incomes received and earned by Taxpayers from

Main Business Activities shall not be withheld and

assessed during the term of utilization of Corporate

Income Tax deduction without issuing issuance of

Page 25: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-25-

certificate of exemption.

(4) Incomes received and earned by Taxpayers from

outside the Main Business Activities shall remain be

withheld and assessed in accordance with the

provisions of the legislations in the field of

Withholding Tax.

Article 13

Director General of Tax shall submit quarterly reports to

the Minister of Finance on the implementation of the

provision of Corporate Income Tax deduction facility.

Article 14

Corporate Income Tax deduction facility as referred to in

the provisions of this Regulation shall be published and

evaluated on regular basis.

Article 15

(1) New investments as referred to in Article 2

paragraph (1) which has obtained the Decree of the

Minister of Finance concerning Corporate Income

Tax deduction hereunder shall not be given

Withholding Tax facility for investments in certain

business fields and/or in specific areas as referred

to in Government Regulation concerning

Page 26: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-26-

Withholding Tax facilities for investments in certain

sectors and/or in specific area.

(2) New investment that has not yet obtained the

Decree of Minister of Finance concerning Corporate

Income Tax deduction hereunder may be granted

Withholding Tax facilities for investments in certain

business fields and/or specific areas as referred to

in the Regulation of Government concerning

Withholding Tax facilities for investments in certain

business fields and/or specific area.

(3) The provisions as referred to in paragraph (1) and

(2) also apply to:

a. Taxpayers who obtain exemption or deduction

facilities of Corporate Income Tax under the

Regulation of Minister of Finance Number

130/PMK.011/2011 on Provision of Exemption

or deduction facilities of Corporate Income

Tax, as amended by Regulation of the Minister

of Finance Number 192/PMK.011/2014 on

Amendments to Regulation of the Minister of

Finance Number 130/PMK.011/2011 on

Provision of Exemption or deduction facilities

of Corporate Income Tax;

Page 27: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-27-

b. Taxpayers who obtain Corporate Income Tax

deduction facility under Regulation of Minister

of Finance Number 159/PMK.010/2015

concerning Provision of Corporate Income Tax

Deduction Facility, as amended by Regulation

of the Minister of Finance Number

103/PMK.010/2016 on Amendments to the

Regulation of Minister of Finance Number

159/PMK.010/2015 on Provision of Corporate

Income Tax Deduction Facility; or

c. Taxpayers who obtain Corporate Income Tax

deduction facility under Regulation of Finance

Minister Number 35/PMK.010/2018

concerning Provision of Corporate Income Tax

Deduction Facility.

Article 16

Corporate Income Tax Deduction Facility hereunder shall

be given based on:

a. proposals submitted to the Minister of Finance as

referred to in Article 4 paragraph (5); or

b. application for tax reduction as referred to in Article

5 paragraph (3),

delivered in a period of at least five (5) years from the

Page 28: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-28-

entry into force of this regulation.

Article 17

Upon enactment hereof:

1. Taxpayers who have obtained and/or utilized

exemption or deduction facilities of Corporate

Income Tax under Regulation of Minister of Finance

Number 130/PMK.011/2011 on Provision of

Exemption or Deduction Facilities of Corporate

Income Tax, as amended by Regulation of the

Minister of Finance Number 192/PMK.011/2014 on

Amendments to the Regulation of the Minister of

Finance Number 130/PMK.011/2011 on Provision of

Exemption or Deduction Facilities of Corporate

Income Tax may still utilize the exemption or

deduction facilities of Corporate Income Tax until

the expiration of the utilization of the exemption or

deduction facilities of Corporate Income Tax in

question.

2. Taxpayers who have obtained and/or utilized

Corporate Income Tax deduction facility under

Regulation of the Minister of Finance Number

159/PMK.010/2015 on Provision of Corporate

Income Tax Deduction Facility as amended by

Page 29: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-29-

Regulation of the Minister of Finance Number

103/PMK.010/2016 concerning Amendments to the

Regulation of the Minister of Finance Number

159/PMK.010/2015 concerning Provision of

Corporate Income Tax Deduction Facility, may still

utilize the Corporate Income Tax deduction facility

until the expiration of the utilization of the Corporate

Income Tax deduction facility in question.

3. Corporate Taxpayers who have obtained and/or

utilized Corporate Income Tax deduction facility

under Regulation of the Minister of Finance Number

35/PMK.010/2018 concerning Provision of

Corporate Income Tax Deduction Facility, may still

utilize the Corporate Income Tax deduction facility

until the expiration of the utilization of Corporate

Income Tax deduction facility in question.

4. Proposal for provision of Corporate Income Tax

deduction submitted by the Head of Investment

Coordinating Board to the Minister of Finance from

the date of 4 April 2018 until before the entry into

force of this regulation, to which Decree of Minister

of Finance concerning provision of Corporate

Income Tax deduction has not been issued or

Page 30: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-30-

otherwise be given written notice of rejection, shall

be processed by Regulation of Minister of Finance

Number 35/PMK.010/2018 on Provision of

Corporate Income Tax Deduction Facility.

5. Taxpayers who have obtained principle license,

investment permit, investment registration, or

business license issued by the Investment

Coordinating Board maximum from the enactment

of the Regulation Minister of Finance Number

159/PMK.010/2015 concerning Provision of

Corporate Income Tax Deduction Facility, as

amended by Regulation of Minister of Finance

Number 103/PMK.010/2016 on Amendments to the

Regulation Minister of Finance Number 159/PMK.

010/2015 on Provision of Corporate Income Tax

Deduction Facility until before the enactment

hereof may submit application for Corporate

Income Tax deduction to the Head of the

Investment Coordinating Board under this

regulation unless the fulfillment of pioneer industry

coverage as referred to in Article 3 (2) follow the

provisions in the Regulation of Minister of Finance

Number 35/PMK.010/2018 concerning Provision of

Page 31: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-31-

Corporate Income Tax Deduction Facility.

6. Procedures for applying for provision of Corporate

Income Tax deduction under proposal for provision

of Corporate Income Tax deduction as referred to in

number 4 and number 5 shall be carried out in

accordance with Regulation of Investment

Coordinating Board concerning guidelines and

procedures for licensing and investment facilities.

7. The provisions as referred to in Article 9 shall also

apply to Taxpayers who obtain Corporate Income

Tax deduction under Regulation of Minister of

Finance Number 35/PMK.010/2018 concerning

Provision of Corporate Income Tax Deduction

Facility.

Article 18

Upon enactment hereof, the Regulation of Minister of

Finance Number 35/PMK.010/2018 on Provision of

Corporate Income Tax Deduction Facility (State Gazette

of the Republic of Indonesia of 2018 Number 451) is

revoked and held null and void.

Article 19

This Regulation shall come into force on the date of

promulgation.

Page 32: Authorized Translation · 2018-12-06 · Authorized Translation -2- Regulation Number 24 of 2018 on Online Single Submission, it is necessary to replace the provision of Corporate

Authorized Translation

-32-

For public cognizance, it is ordered the promulgation of

this Regulation of Minister by publishing it a State

Gazette of the Republic of Indonesia.

Stipulated in Jakarta

on 26 November 2018

MINISTER OF FINANCE OF THE REPUBLIC OF

INDONESIA,

Signed.

SRI MULYANI INDRAWATI

Promulgated in Jakarta

on 27 November 2018

DIRECTOR GENERAL OF LEGISLATION REGULATION OF

MINISTRY OF LAW AND HUMAN RIGHTS OF

THE REPUBLIC OF INDONESIA,

Signed.

WIDODO EKATJAHJANA

STATE GAZETTE OF THE REPUBLIC OF INDONESIA OF 2018 NUMBER 1553

True copy

Head of General Bureau

by

Head of Ministry Administration

Signed & stamped

ARIF BINTATRTO YUWONO

EIN 19710912 199703 1001

AFFIDAVIT I am fluent in both the English Language and the Indonesian Language, hereby

declare that the above-mentioned translation is a true and correct translation of the document included above into the English Language.

Jakarta, 6th December 2018

Drs. Sularno Popomaruto Sworn Translator by virtue SK.Gub.KDKI Jkt.No.1715/2000