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Tax Indonesia / December 2015 / No.31
Tax Indonesia / December 2015 / No.31 Type of luxury taxable goods other than motor vehicles which are subject to luxury goods sales P1 P1 tax – an update / Bad Debt Write-Off / Objection Procedure – an update P2 TaxFlash Type of luxury taxable goods other than motor vehicles which are subject to luxury goods sales tax – an update The Minister of Finance (MoF) issued Regulation No. 206/PMK.010/2015 (PMK-206) dated 20 November 2015 regarding the amendment of MoF Regulation No. 106/PMK.010/2015 concerning types of luxury taxable goods other than motor vehicles which are subject to Luxury-goods Sales Tax (LST). PMK-206 became effective 14 days after its enactment (i.e. 4 December 2015). PMK-206 changes the threshold for the imposition of LST by using the selling price instead of the building area, as follows: Luxury goods Houses and town houses of the type of title non strata Apartments, condominiums, town houses of the type of title strata and its kind PMK-106 Building area of 350 m2 or more Building area of 150 m2 or more PMK-206 Selling price of Rp 20 bn or more Selling price of Rp 10 bn or more Bad Debt Write-Off The MoF has made the second amendment of Regulation No. 105/PMK.03/2009 regarding bad debt write-off that can be deducted from gross income through regulation No. 207/PMK.010/2015 (PMK207) which is effective since 23 November 2015. Highlights of PMK-207 are as follows: a) The nominative list of the bad debt write-off must be submitted immediately to the Directorate General of Tax (DGT) in hardcopy and softcopy. www.pwc.com/id b) The nominative list must now provide additional information on the loan ceiling amount (which could be different from the disbursed loan amount). c) The Tax ID number information in the nominative list is no longer required for loans with a loan ceiling of up to Rp 50 million per debtor. If one debtor has more than one loan, the Rp 50 million threshold applies to the accumulative amount. This exception applies for bad debt write-off charged since 2015. Objection Procedure – an update On 12 November 2015, the MoF issued regulation No. 202/PMK.03/2015 (PMK-202) regarding the Filing and Settlement of Objections. PMK-202 was issued as an amendment of the previous MoF regulation No. 9/PMK.03/2013. In this regulation the Underpayment Tax Assessment Letter/ Surat Ketetapan Pajak Kurang Bayar (SKPKB) under Article 13A of the General Tax Provisions (Ketentuan Umum Perpajakan/ KUP) Law may now be filed for objections. This is in line with the Supreme Court Decision No. 73 P/HUM/2013 (PUT-73) that revoked several articles of Government Regulation No. 74 Year 2011 (GR-74), including Article 29 (3) of GR-74. In addition, if the Tax Court approves taxpayer’s lawsuit on the DGT letter (stating that the taxpayer’s objection will not be considered as stipulated in Art. 25 (4) of the KUP Law), the time period of 12 months is delayed, starting from the date the DGT letter was sent to taxpayer up to the date the lawsuit decision is received by the DGT. TaxFlash PwC No. 31/2015 Page 2 Your PwC Indonesia contacts Abdullah Azis [email protected] Enna Budiman [email protected] Parluhutan Simbolon [email protected] He hen Adi Poernomo [email protected] Felix MacDonogh [email protected] Peter Hohtoulas [email protected] He hen Adi Pratikto [email protected] Gadis Nurhidayah [email protected] Runi Tusita [email protected] He hen Alexander Lukito [email protected] Gerardus Mahendra [email protected] Ryuji Sugawara [email protected] He hen Ali Widodo [email protected] Hanna Nggelan [email protected] Soeryo Adjie [email protected] Jim jim Andrias Hendrik [email protected] Hasan Chandra [email protected] Sutrisno Ali [email protected] Jim jim Anthony J. Anderson [email protected] Hendra Lie [email protected] Suyanti Halim [email protected] Jim jim Anton Manik [email protected] Ivan Budiarnawan [email protected] Tim Watson [email protected] Antonius Sanyojaya [email protected] Laksmi Djuwita [email protected] Tjen She Siung [email protected] Ma ma Ay Tjhing Phan [email protected] Lukman Budiman [email protected] Yessy Anggraini [email protected] Na naz Brian Arnold [email protected] Mardianto [email protected] Yuliana Kurniadjaja [email protected] Engeline Siagian [email protected] Margie Margaret [email protected] Yunita Wahadaniah [email protected] PwC Indonesia www.pwc.com/id If you would like to be removed from this mailing list, please reply and write UNSUBSCRIBE in the subject line, or send an email to [email protected]. DISCLAIMER: This content is for general information purposes only, and should not be used as a substitute for consultation with professional advisors. © 2015 PT Prima Wahana Caraka. All rights reserved. PwC refers to the Indonesia member firm, and may sometimes refer to the PwC network. Each member firm is a separate legal entity. Please see www.pwc.com/structure for further details. TaxFlash PwC No. 31/2015 Page 3 He hen