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B. Taxation

1. Income Tax

Income tax in Indonesia is prerogative and applied to both individual(s) and enterprises. A self-assessment method is used to calculate the tax.

The tax rate are as follows:

Taxable annual income
Income tax rate

Up to Rp. 25 million 5%

Over Rp. 25 million to Rp. 50 million 10%

Over Rp. 50 million to Rp. 100 million 15%

Over Rp. 100 million to Rp. 200 million 25%

Over Rp. 200 million 35%

5%

10%

15%

25%

35%

2. Losses

The government provides a loss carried forward for a period of 5 (five) years.

3. Depreciation and Amortization Rates

      a. Depreciation

      • Depreciation cost on assets is deductible from the income before tax. Depreciable assets are grouped into four categories depending on the useful life of the asset/s.

      • Investors may choose either the straight line method (for periods of less than 20 years) or the fast declining balance method (except for buildings).

      • Depreciation rate is determined according to the useful life and utilization such as:

      Physical Asset
      Useful Life
      (years)
      Method of Calculation
      Straight Line (%)
      Balance Declining (%)

      I. Non Building

      Group 1
      Group 2
      Group 3

      Group 4

      II. Building

      Permanent
      Non permanent


      4
      8
      16
      20



      20
      10



      25
      12.5
      6.25
      5



      5
      1



      50
      25
      12.5
      10

      b. Amortization

      Non-Physical Asset
      Useful Life
      (years)

      Method of Calculation

      Straight Line (%)
      Balance Declining (%)

      Group 1
      Group 2
      Group 3

      Group 4

      4
      8
      16
      20

      25.00
      12.5
      6.25
      5.00

      50.00
      25.00
      12.50
      10.00

       

4. Value Added Tax and Sales Tax on Luxury Goods

In normal cases, 10% Value Added Tax (VAT) is applied to imports, manufactured goods and most of the services. In addition, there is also sales tax on luxury goods ranging from 10% to 75%.

5. Tax Incentives

Based on the Government Regulation No. 45/1996, the domestic and foreign investors will be granted tax incentives ("income tax will be borne by the government") for a maximum period of 10 years (12 years for those established outside Bali and Java islands). The criteria for such tax incentives is provided in a Presidential Decree No. 7/1999. These include investment priority sectors, strategic role in economic development, employment creation, location, and partnership with cooperative.

6. Withholding Taxes

Payment of dividends, interests, royalties and technical & management fees for services performed in Indonesia to Indonesian and non-Indonesian residents are subject to withholding tax. The withholding tax rates vary, depending on whether it is paid to a resident or non-resident as follows:

Payments to Indonesian residents (except for technical and management services which is 6%)

Payments to non-Indonesia residents 20%

15%

20%

7. Stamp Duty

Stamp duty is nominal only at either Rp. 3,000 or Rp. 6,000 on certain documents. The rate of Rp. 6,000 is applicable for letters of agreement and other letters, Notary Deed and Land Deed including its copies. For all documents bearing a sum of money, the rate is Rp. 6,000 when the value stated in the document is more than Rp. 1 million, and Rp. 3,000 when the value is between Rp. 500,000 and Rp. 1 million. Below Rp. 500,000 is not subject to stamp duty. For checks, the rate is Rp. 3,000 regardless of monetary value stated.

8. Land and Building Tax

Tax is payable annually for land, building and permanent structures. The effective rates are nominal, usually not more one tenth of one percent per annum (0.1%) of the value of the property.

9. Avoidance of Double Taxation Agreements

To avoid incidental double taxation on certain income such as profits, dividends, interests, fees and royalties, Indonesia has signed agreements (tax treaties) with 50 countries as follows:

1. Australia
2. Austria
3. Belgium
4. Bulgaria
5. Canada
6. Czechoslovakia
7. Denmark
8. Egypt
9. Finland
10. France
11. Germany
12. Hungary
13. India
14. Italy
15. Japan
16. Jordan
17. Kuwait
18. Luxembourg
19. Malaysia
20. Mauritius
21. Mongolia
22. Netherlands
23. New Zealand
24. Norway
25. Pakistan

26. The Philippines
27. Poland
28. Romania
29. Saudi Arabia
30. Seychelles
31. Singapore
32. Slovakia
33. South Africa
34. South Korea
35. Spain
36. Sri Lanka
37. Sweden
38. Switzerland
39. Syria
40. Taiwan
41. Thailand
42. Tunisia
43. Turkey
44. Ukraine
45. United Arab Emirates
46. United Kingdom
47. United States of America
48. Uzbekistan
49. Venezuela
50. Vietnam

Withholding tax rates applied to residents of these countries may be reduced based on the provision of the particular tax treaty.

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