Professional Documents
Culture Documents
REGULATION
NUMBER 49 OF 2022
CONCERNING
VALUE ADDED TAX EXEMPT AND VALUE ADDED TAX OR VALUE ADDED
TAX AND SALES TAX ON LUXURY GOODS NON-COLLECTED ON IMPORTS
AND/OR SUPPLIES OF CERTAIN TAXABLE GOODS AND/OR SUPPLIES OF
CERTAIN TAXABLE SERVICES AND/OR UTILISATION OF CERTAIN
TAXABLE SERVICES FROM OUTSIDE THE CUSTOMS AREA
Considering
a. that with the enactment of Law Number 7 of 2021 concerning the Harmonisation of Tax
Regulations, there have been several changes related to the regulation of taxable
objects and non-taxable objects and the provision of facilities in the field of taxation as
stipulated in the Law concerning value added tax on goods and services and sales tax
on luxury goods, thereby, it is necessary to perform regulatory adjustments in
providing facilities in the field of value added tax and sales tax on luxury goods;
c. that based on the considerations referred to in letter a and letter b and to implement
the provisions of Article 16B paragraph (1) of Law Number 8 of 1983 concerning Value
Added Tax on Goods and Services and Sales Tax on Luxury Goods as amended
several times, last amended by Law Number 7 of 2021 concerning the Harmonisation
of Tax Regulations, it is necessary to stipulate a Government Regulation concerning
Value Added Tax Exempt and Value Added Tax or Value Added Tax and Sales Tax on
Luxury Goods Non-Collected on Imports and/or Supplies of Certain Taxable Goods
and/or Supplies of Certain Taxable Services and/or Utilisation of Certain Taxable
Services from Outside the Customs Area;
In view of
HAS DECIDED:
To stipulate
GOVERNMENT REGULATION CONCERNING VALUE ADDED TAX EXEMPT AND VALUE ADDED
TAX OR VALUE ADDED TAX AND SALES TAX ON LUXURY GOODS NON-COLLECTED ON
IMPORTS AND/OR SUPPLIES OF CERTAIN TAXABLE GOODS AND/OR SUPPLIES OF CERTAIN
TAXABLE SERVICES AND/OR UTILISATION OF CERTAIN TAXABLE SERVICES FROM OUTSIDE
THE CUSTOMS AREA.
CHAPTER I
GENERAL PROVISIONS
Article 1
1. Value Added Tax Law is Law Number 8 of 1983 concerning Value Added Tax on Goods
and Services and Sales Tax on Luxury Goods as amended several times, last amended
by Law Number 7 of 2021 concerning the Harmonisation of Tax Regulations.
2. Value Added Tax is value added tax referred to in the Value Added Tax Law.
3. Sales Tax on Luxury Goods is sales tax on luxury goods referred to in the Value Added
Tax Law.
4. Customs Area is the territory of the Republic of Indonesia which includes land, waters
and airspace above it as well as certain places in the exclusive economic zone and the
continental shelf in which the Law that stipulates customs is applicable.
7. Taxable Services are services subject to tax pursuant to the Value Added Tax Law.
9. Utilisation of Taxable Services from outside the Customs Area is any utilisation of
Taxable Services from outside the Customs Area within the Customs Area.
10. Imports is any activity of admitting goods from outside the Customs Area into the
Customs Area.
11. Taxable Persons for VAT Purposes are entrepreneurs supplying Taxable Goods and/or
Taxable Services subject to tax pursuant to the Value Added Tax.
12. Input VAT is Value Added Tax that should have been paid by a Taxable Person for VAT
Purposes due to an acquisition of Taxable Goods and/or acquisition of Taxable
Services and/or utilisation of intangible Taxable Goods from outside the Customs Area
and/or utilization of Taxable Services from outside the Customs Area and/or Imports of
Taxable Goods.
13. Import Duties are state levies pursuant to the Law stipulating customs imposed on
imported goods.
14. Minister is the minister who carries out government affairs in the field of state finance.
Article 2
a. Imports and/or Supplies of certain Taxable Goods and/or Supplies of certain Taxable
Services that are exempt from Value Added Tax;
b. Imports and/or Supplies of certain strategic Taxable Goods that are exempt from Value
Added Tax;
c. Supplies of certain strategic Taxable Services within the Customs Area and/or
utilisation of certain strategic Taxable Services from outside the Customs Area within
the Customs Area that are exempt from Value Added Tax;
e. Imports of Taxable Goods exempt from Import Duties on which Value Added Tax and
Sales Tax on Luxury Goods are not collected.
CHAPTER II
IMPORTS AND/OR SUPPLIES OF CERTAIN TAXABLE GOODS AND/OR
SUPPLIES OF CERTAIN TAXABLE SERVICES EXEMPT FROM VALUE ADDED
TAX
Article 3
(1) Certain Taxable Goods whose Imports and/or supplies are exempt from Value Added
Tax include:
(3) Provisions on the criteria and/or threshold of general textbooks, holy scriptures and
religious textbooks referred to in paragraph (1) subparagraph b are regulated by a
Ministerial Regulation.
Certain Taxable Services whose supplies are exempt from Value Added Tax include:
a. construction services supplied by contractors for the construction of places that are
only intended for worship purposes;
3. donations; and
Article 5
Exemptions from Value Added Tax on Imports and/or Supplies of certain Taxable Goods
referred to in Article 3 and Supplies of certain Taxable Services referred to in Article 4 do not
use a Value Added Tax withholding exemption certificate.
CHAPTER III
IMPORTS AND/OR SUPPLIES OF CERTAIN STRATEGIC TAXABLE GOODS
THAT ARE EXEMPT FROM VALUE ADDED TAX
Article 6
(1) Certain strategic Taxable Goods whose imports are exempt from Value Added Tax
include:
b. goods produced from businesses in the marine and fisheries sectors, both
fishing and aquaculture, the criteria and/or details of which are listed in the
Appendix which constitutes an integral part of this Government Regulation;
f. animal feed as regulated under statutory provisions in the animal husbandry and
health sector, excluding pet food;
g. fish feed that fulfil the general and special/technical requirements in Imports of
fish feed as regulated under statutory provisions in the fisheries sector;
h. raw materials for the manufacture of animal feed and fish feed, excluding feed
additives and feed supplements, the criteria and/or details of which are regulated
by a Ministerial Regulation after receiving considerations from the minister who
administers government affairs in the agricultural sector and the minister who
administers government affairs in the marine and fisheries sector;
i. raw materials for silver craft in the form of granulated silver and/or silver bullions;
m. equipment and spare parts thereof used by the ministry that administers
government affairs in the defence sector or the Indonesian National Defence
Forces for the provision of border data, topographic maps, hydrographic maps
and aerial photographs of the territory of the Unitary State of the Republic of
Indonesia carried out to support national defences, imported by:
p. certain goods in the group of staple goods which constitute basic staples;
q. sugar for consumption in the form of white crystal sugar originating from sugar
cane without added flavouring or colouring;
r. mining or drilling products extracted directly from the source, excluding coal
mining products, including:
1. crude oil;
2. natural gas, in the form of natural gas flowing through pipes, excluding
natural gas such as LPG which is ready for direct consumption by the
public;
3. geothermal;
5. iron ore, tin ore, gold ore, copper ore, nickel ore, silver ore and bauxite ore;
u. medicine imported using the state budget or local budget for the public interest,
which are granted Import Duty exemptions; and
(2) Certain strategic Taxable Goods whose supplies are exempt from Value Added Tax
include:
b. goods produced from businesses in the marine and fisheries sectors, both
fishing and aquaculture, the criteria and/or details of which are listed in the
Appendix which constitutes an integral part of this Government Regulation;
f. animal feed as regulated under statutory provisions in the animal husbandry and
health sector, excluding pet food;
g. fish feed that fulfil the registration and distribution of fish feed requirements as
regulated under statutory provisions in the fisheries sector;
h. raw materials for the manufacture of animal feed and fish feed, excluding feed
additives and feed supplements, the criteria and/or details of which are regulated
by a Ministerial Regulation after receiving considerations from the minister who
administers government affairs in the agricultural sector and the minister who
administers government affairs in the marine and fisheries sector;
1. the area for each unit is at least 21 m2 (twenty-one square meters) and not
j. public housing, worker camps, university student and pupil dormitories as well as
workhouses, the threshold of which is regulated by the Minister after receiving
considerations from the minister who administers government affairs in the
public works and public housing sector;
k. raw materials for silver craft in the form of granulated silver and/or silver bullions;
l. electricity, including electrical installation fees and electricity load fees, except for
houses with power above 6,600 (six thousand and six hundred) amperage
voltage;
m. clean water;
p. equipment and spare parts thereof used for the provision of border data,
topographic maps, hydrographic maps and aerial photographs of the territory of
the Unitary State of the Republic of Indonesia carried out to support national
defences, supplied to the ministry that administers government affairs in the
defence sector or the Indonesian National Defence Forces:
q. certain goods in the group of staple goods which constitute basic staples;
r. sugar for consumption in the form of white crystal sugar originating from sugar
cane without added flavouring or colouring;
s. mining or drilling products extracted directly from the source, excluding coal
mining products, including:
1. crude oil;
2. natural gas, in the form of natural gas flowing through pipes, excluding
natural gas such as LPG which is ready for direct consumption by the
public;
3. geothermal;
5. iron ore, tin ore, gold ore, copper ore, nickel ore, silver ore and bauxite ore;
and
Article 7
(1) Certain goods in the basic staples group referred to in Article 6 paragraph (1)
subparagraph p and paragraph (2) subparagraph q are goods that concern the
livelihoods of many people with a high scale of fulfiling needs and constitute a
supporting factor for people’s welfare.
(2) Certain goods in the basic staples group referred to in paragraph (1) include:
a. rice;
b. grains;
c. corn;
d. sago;
e. soybeans;
f. salt;
g. meat;
h. eggs;
i. milk;
j. fruits; and
k. vegetables.
(3) The criteria and/or details of the types of certain goods in the basic staples group
referred to in paragraph (2) are listed in the Appendix which constitutes an integral part
of this Government Regulation.
Article 8
(1) Clean water referred to in Article 6 paragraph (2) subparagraph m consists of:
including clean water installation fees and clean water load fixed fees.
(2) Clean water installation fees referred to in paragraph (1) are installation fees billed by
an entrepreneur to customers for the installation of clean water owned by the
entrepreneur to the customers’ clean water installations owned by the customers.
(3) Clean water load fixed fees referred to in paragraph (1) are fees billed by an
entrepreneur to customers, the amount of which is not affected by the volume of clean
water usage.
(4) Clean water that is ready to drink (drinking water) referred to in paragraph (1)
subparagraph b does not include water that has been processed with special
treatment and packaged in bottles or other packaging as well as fulfiling the
requirements for drinking water (refillable drinking water).
Article 9
(1) Value Added Tax exemptions for Imports and/or Supplies of certain strategic Taxable
Goods referred to in Article 6 paragraph (1) subparagraph a, subparagraph j,
subparagraph k and subparagraph m as well as paragraph (2) subparagraph a,
subparagraph n, subparagraph o and subparagraph p use a Value Added Tax
withholding exemption certificate.
(2) Value Added Tax exemptions for Imports and/or Supplies of certain strategic Taxable
Goods referred to in Article 6 paragraph (1) subparagraph b to subparagraph i,
subparagraph l and subparagraph n to subparagraph v as well as paragraph (2)
subparagraph b to subparagraph m and subparagraph q to subparagraph t do not use
a Value Added Tax withholding exemption certificate.
(3) Further provisions on procedures for Value Added Tax exemptions using a withholding
exemption certificate referred to in paragraph (1) are regulated by a Ministerial
Regulation.
Article 10
Certain strategic Taxable Services whose supplies within the Customs Area or utilisation
from outside the Customs Area within the Customs Area are exempt from Value Added Tax
include:
a. medical services;
b. social services;
d. financial services;
e. insurance services;
f. educational services;
h. public transport services on land and water and domestic air transport services which
constitute an integral part of foreign transport services;
i. labour services;
m. services received by the ministry that administers government affairs in the defence
sector or the Indonesian National Defence Forces utilised in the context of the
provision of border data, topographic maps, hydrographic maps and aerial
photographs of the territory of the Unitary State of the Republic of Indonesia to support
national defence.
(1) Medical services whose supplies within the Customs Area or utilisation from outside
the Customs Area within the Customs Area are exempt from Value Added Tax referred
to in Article 10 subparagraph a include the services of:
(3) Health services performed by medical personnel and other healthcare workers referred
to in paragraph (2) subparagraph a include the services of:
b. health experts;
c. midwives;
d. nurses; and
e. psychiatrists,
(4) Services of healthcare facilities referred to in paragraph (2) subparagraph b include the
services of hospitals, maternity homes, health clinics, primary and advanced healthcare
facilities, health laboratories and sanatoriums as regulated under statutory provisions
in the health sector.
a. denturists;
b. midwives;
d. psychologists; and
Article 12
(1) Social services whose supplies within the Customs Area or utilisation from outside the
Customs Area within the Customs Area are exempt from Value Added Tax referred to in
Article 10 subparagraph b are certain social services organised by the central
government, local governments or non-profit organisations.
(2) Certain social services referred to in paragraph (1) include the services of:
b. firefighters;
c. first aid;
d. rehabilitation institutions;
Article 13
Mailing services using stamps whose supplies within the Customs Area or utilisation from
outside the Customs Area within the Customs Area are exempt from Value Added Tax
referred to in Article 10 subparagraph c are mailing services using stamps or using other
ways to replace stamps.
Financial services whose supplies within the Customs Area or utilisation from outside the
Customs Area within the Customs Area are exempt from Value Added Tax referred to in
Article 10 subparagraph d include services of:
a. raising funds from the public in the form of demand deposits, deposits, deposit
certificates, savings and/or other equivalent forms;
b. fund placement, fund borrowing or fund lending to other parties using letters, means
of telecommunication or sight drafts, checks or other means;
c. financing services, including financing based on sharia principles, in the form of:
1. finance leases;
2. factoring;
4. consumer financing;
d. loan distribution services on the basis of pawn law, including sharia and fiduciary
pawns; and
e. guarantee services.
Article 15
(1) Insurance services whose supplies within the Customs Area or utilisation from outside
the Customs Area within the Customs Area are exempt from Value Added Tax referred
to in Article 10 subparagraph e include services of:
a. loss insurance;
c. reinsurance.
(2) Insurance services that are exempt from Value Added Tax referred to in paragraph (1)
exclude insurance support services.
a. insurance agents;
c. insurance brokers;
d. reinsurance brokers;
Article 16
(1) Educational services whose supplies within the Customs Area or utilisation from
outside the Customs Area within the Customs Area are exempt from Value Added Tax
referred to in Article 10 letter f include the services of organising:
b. out-of-school education.
(2) School educational services referred to in paragraph (1) subparagraph a are in the form
of formal educational services as regulated under statutory provisions in the national
education system sector.
(4) Formal educational services referred to in paragraph (2) include the services of
organising:
b. basic education;
by educational units that hold formal education permits from the central government or
local governments according to their authority.
(5) Non-formal educational services referred to in paragraph (3) include the services of
organising:
c. youth education;
e. literacy education;
by educational units that hold non-formal education permits from the central
government or local governments according to their authority.
(6) Educational services that are exempt from Value Added Tax referred to in paragraph (1)
exclude educational services which constitute an integral part of the supplies of other
goods and/or services.
Article 17
(1) Non-advertising broadcasting services whose supplies within the Customs Area or
utilization from outside the Customs Area within the Customs Area are exempt from
Value Added Tax referred to in Article 10 subparagraph g are activities of displaying
public service messages or a series of public service messages in the form of sounds,
pictures or sounds and pictures or in the form of graphics, characters, either
interactive or not, which can be received through broadcast receivers and rendered by
broadcasting institutions to the communicator or the communicator through
advertising companies, production houses or other parties.
a. the government; or
that finance and are responsible for public service messages or a series of public
service messages.
(4) The government referred to in paragraph (3) is a certain unit of a government agency
that does not constitute a resident tax subject pursuant to statutory provisions in the
field of income tax.
Article 18
Public transport services referred to in Article 10 subparagraph h include the services of:
c. domestic air transport services which constitute an integral part of foreign transport
services,
whose supplies within the Customs Area or utilisation from outside the Customs Area within
the Customs Area are exempt from Value Added Tax.
Article 19
(1) Public transport services on land referred to in Article 18 subparagraph a include the
services of:
c. shuttle transportation;
e. employee transportation;
f. school transportation;
i. special freight,
(4) Public rail transport services referred to in paragraph (1) subparagraph b are activities
of transporting people and/or goods from one place to another using trains, subject to
charges.
(5) Public rail transport services referred to in paragraph (4) exclude transport services
using rented or chartered trains.
Article 20
(1) Public transport services on water referred to in Article 18 subparagraph b include the
services of:
(3) Public transport services on rivers and lakes referred to in paragraph (1) subparagraph
b are activities of transporting people and/or goods from one place to another using
ships carried out on rivers, lakes, reservoirs, swamps, flood canals or canals, subject to
charges.
(4) Public ferry transport services referred to in paragraph (1) subparagraph c are activities
of transporting people and/or goods from one place to another using ships that
function as bridges connecting road networks and/or railway networks separated by
waters, subject to charges.
(5) Public transport services on water referred to in paragraph (1) exclude transport
services that fulfil the following provisions:
b. the ship is used only to transport goods belonging to 1 (one) party and/or to
transport people in 1 (one) trip.
(6) The agreement referred to in paragraph (5) subparagraph a excludes tickets, bills of
lading, manifests, water transport documents, tickets or proof of payment for the ship
passenger transport services.
Article 21
(1) Domestic air transport services which constitute an integral part of foreign transport
services referred to in Article 18 subparagraph c are:
a. activities using airplanes to transport passengers, cargo and/or mail for 1 (one)
trip or more than 1 (one) airport to another airport or several airports; and
b. foreign air transport services to several airports in Indonesia or vice versa insofar
as the air transport services constitute an integral part of foreign air transport
services.
(2) Domestic air transport services constitute an integral part of foreign transport services
as referred to in paragraph (1) subparagraph b if all of the flights are summarised in 1
(one) ticket.
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Article 22
(1) Labour services whose supplies within the Customs Area or utilisation from outside the
Customs Area within the Customs Area are exempt from Value Added Tax referred to in
Article 10 subparagraph i include the services of:
a. labour;
(2) Labour services referred to in paragraph (1) subparagraph a are services supplied by
the workforce, workers/labourers or employees who accrue income bound by an
employment relationship, excluding services related to independent personal services.
(3) Labour outsourcing services referred to in paragraph (1) subparagraph b are services
to provide labour by labour outsourcing entrepreneurs to labour service users.
(5) Labour outsourcing services referred to in paragraph (4) must fulfil the following
criteria:
c. the labour outsourcing entrepreneurs are not responsible for the labour’s work
results they provide after the labour has been supplied to the labour service
user; and
d. the outsourced labour is included in the labour service user’s staffing structure.
(7) Training services for workers referred to in paragraph (6) may be in the form of an
internship carried out in one unit with the supply of training services for workers.
Article 23
Public telephone using coins services whose supplies within the Customs Area or utilization
from outside the Customs Area within the Customs Area are exempt from Value Added Tax
as referred to in Article 10 subparagraph j are public telephone using coins services
organised by the government or the private sector.
Article 24
(1) Value Added Tax exemptions for Supplies of certain strategic Taxable Services within
the Customs Area and/or utilisation of certain strategic Taxable Services from outside
the Customs Area within the Customs Area referred to in Article 10 subparagraph a to
subparagraph I do not use a Value Added Tax withholding exemption certificate.
(2) Value Added Tax exemptions for Supplies of certain strategic Taxable Services within
the Customs Area and/or utilisation of certain strategic Taxable Services from outside
the Customs Area within the Customs Area referred to in Article 10 subparagraph m
use a Value Added Tax withholding exemption certificate.
Article 25
(1) Certain strategic Taxable Goods on whose imports Value Added Tax is not collected
include:
c. sea transport vessels, river transport vessels, lake transport vessels and ferries,
fishing vessels, harbour pilot boats, tugboats, barges as well as spare parts
thereof, vessel equipment, marine safety equipment and personal protective
equipment imported and used by national commercial shipping companies,
national fishing companies, national port service provider companies and national
river, lake and ferry transport service provider companies according to their
business;
d. aircraft and spare parts thereof, aviation safety equipment and personal
protective equipment and equipment for repair and maintenance imported and
used by national commercial air transport business entities;
f. trains and spare parts thereof, equipment for repair and maintenance and railway
infrastructure imported and used by business entities operating public railway
facilities and/or business entities operating public railway infrastructure;
1. trains;
2. spare parts;
4. railway infrastructure,
which will be used by business entities operating public railway facilities and/or
business entities operating public railway infrastructure; and
(2) Certain strategic Taxable Goods on whose supplies Value Added Tax is not collected
include:
b. sea transport vessels, river transport vessels, lake transport vessels and ferries,
fishing vessels, harbour pilot boats, tugboats, barges as well as spare parts
thereof, vessel equipment, marine safety equipment and personal protective
equipment supplied to and used by national commercial shipping companies,
national fishing companies, national port service provider companies and national
river, lake and ferry transport service provider companies according to their
business;
d. aircraft spare parts as well as equipment for aircraft repair and maintenance
acquired by parties appointed by national commercial air transportation business
entities used in the context of providing aircraft maintenance and repair services
to national commercial air transport business entities;
e. trains and spare parts thereof as well as equipment for repair and maintenance
and railway infrastructure supplied to and used by business entities operating
public railway facilities and/or business entities operating public railway
infrastructure;
1. trains;
2. spare parts;
4. railway infrastructure,
which will be used by business entities operating public railway facilities and/or
business entities operating public railway infrastructure; and
Article 26
(1) Certain strategic Taxable Services from outside the Customs Area on whose utilisation
Value Added Tax is not collected include aircraft rental services utilised by national
commercial air transport business entities.
(2) Certain strategic Taxable Services on whose supplies Value Added Tax is not collected
include:
1. ship rental;
Article 27
Further provisions on the types of certain Taxable Goods, requirements and procedures for
Value Added Tax non-collected on Imports and/or Supplies of certain strategic Taxable
Goods as well as Supplies of certain strategic Taxable Services and/or utilisation of certain
strategic Taxable Services from outside the Customs Area referred to in Article 25 paragraph
(1) subparagraph a to subparagraph g and paragraph (2) subparagraph a to subparagraph f
and Article 26 are regulated by a Ministerial Regulation.
CHAPTER VI
IMPORTS OF TAXABLE GOODS EXEMPT FROM IMPORT DUTIES ON
WHICH VALUE ADDED TAX AND SALES TAX ON LUXURY GOODS ARE
NOT COLLECTED
Article 28
(2) Taxable Goods whose imports are exempt from Import Duties are Taxable Goods
whose imports are exempt from Import Duties pursuant to statutory provisions in the
customs sector.
(3) Excluded from the provisions referred to in paragraph (1), Imports of several Taxable
Goods exempt from Import Duties are not subject to the collection of Value Added Tax
or Value Added Tax and Sales Tax on Luxury Goods, which includes Imports of:
1. universities;
c. goods for the special needs of persons with disabilities by social agencies or
institutions that take care of persons with disabilities;
e. cargo load of Indonesian workers who work overseas, students studying abroad,
civil servants, members of the Indonesian National Defence Forces or members
of the State Police of the Republic of Indonesia who serve overseas for a
minimum of 1 (one) year, if the goods are not to be traded and obtain a
recommendation from the local representatives of the Republic of Indonesia;
i. goods that have been exported and subsequently re-imported in the same
quality as when they were exported;
j. goods that have been exported for repair, work and testing and subsequently re-
imported;
3. the contract does not include provisions on the period of the granting of
Import Duty exemptions or relief; and
(4) Imports of Taxable Goods on which Value Added Tax or Value Added Tax and Sales Tax
on Luxury Goods are not collected referred to in paragraph (3) are given without using
a Value Added Tax non- collected certificate.
(5) Types of cooperation contracts, criteria for goods and procedures for Value Added Tax
or Value Added Tax and Sales Tax on Luxury Goods non-collected for Taxable Goods
referred to in paragraph (3) subparagraph h shall be implemented pursuant to the
provisions on Import Duty exemptions under statutory provisions in the customs
sector.
CHAPTER VII
INPUT VAT CREDITING
Article 29
(1) Input VAT on acquisitions of Taxable Goods and/or Taxable Services, Imports of
Taxable Goods as well as utilisation of intangible Taxable Goods from outside the
Customs Area within the Customs Area and/or Utilisation of Taxable Services from
outside the Customs Area in respect of:
a. Supplies of certain Taxable Goods that are exempt from Value Added Tax as
referred to in Article 3;
b. Supplies of certain Taxable Services that are exempt from Value Added Tax as
referred to in Article 4;
c. Supplies of certain strategic Taxable Goods that are exempt from Value Added
Tax as referred to in Article 6 paragraph (2); and
d. Supplies of certain strategic Taxable Services that are exempt from Value Added
Tax as referred to in Article 10,
is non-creditable.
CHAPTER VIII
EVALUATION
Article 30
(1) Value Added Tax exemptions or Value Added Tax non-collected as regulated under
this Government Regulation are temporary or permanent.
(2) Value Added Tax exemptions or Value Added Tax non-collected referred to in
paragraph (1) are evaluated by considering economic conditions and the impact on
state revenues.
(4) Based on the results of the evaluation referred to in paragraph (3), Imports and/or
Supplies of Taxable Goods or Supplies of Taxable Services and/or Utilisation of Taxable
Services from outside the Customs Area may be subject to Value Added Tax pursuant
to statutory tax provisions.
CHAPTER IX
OTHER PROVISIONS
Article 31
(1) To:
which are given Value Added Tax exemptions or Value Added Tax non-collected, but
the Value Added Tax has already been collected or paid, the following provisions apply:
1. the collected Value Added Tax must be remitted into the state treasury;
and
2. Input VAT paid by the seller Taxable Person for VAT Purposes for the
acquisition of Taxable Goods and/or Taxable Services, Imports of Taxable
Goods as well as utilisation of intangible Taxable Goods from outside the
Customs Area within the Customs Area and/or Utilisation of Taxable
Services from outside the Customs Area in respect of the supplies:
a) that should be that are exempt from Value Added Tax, is non-
creditable; or
1. if the party subject to the collection is a Taxable Person for VAT Purposes,
the paid Value Added Tax is creditable if statutory tax provisions are fulfiled;
or
2. if the party subject to the collection is not a Taxable Person for VAT
Purposes, the paid Value Added Tax is a tax that should not otherwise be
payable.
a. the importer;
d. the party utilising intangible goods from outside the Customs Area; or
e. the party utilising services from outside the Customs Area within the Customs
Area.
Article 32
(1) Taxpayers must pay Value Added Tax payable which has been exempt on Imports
and/or acquisitions of certain strategic Taxable Goods as referred to in Article 6
paragraph (1) subparagraph a and subparagraph k as well as paragraph (2)
subparagraph a, subparagraph i, subparagraph j and subparagraph o or Value Added
Tax payable that is not collected on Imports and/or acquisitions of certain strategic
Taxable Goods as referred to in Article 25 paragraph (1) subparagraph c to
subparagraph g and paragraph (2) subparagraph b to subparagraph f if, within a period
of 4 (four) years from the Imports and/or acquisitions, the said Taxable Goods are:
(2) Excluded from the obligation to repay Value Added Tax on Imports and/or acquisitions
of certain Taxable Goods referred to in paragraph (1), if the certain Taxable Goods
referred to in paragraph (1) are transferred:
(4) Individuals or entities importing Taxable Goods as referred to in Article 28 paragraph (3)
subparagraph b, subparagraph g, subparagraph h, subparagraph k, subparagraph l
and subparagraph m must pay the non-collected Value Added Tax or Value Added Tax
and Sales Tax on Luxury Goods if, within a period of 4 (four) years from the Import, the
said Taxable Goods are:
(5) Value Added Tax payable referred to in paragraph (1) and paragraph (4) must be paid
by individual or corporate Taxpayers within a maximum period of 1 (one) month from
the time the Taxable Goods are used not for their intended purpose or transferred to
other parties, either in part or in whole.
(6) Value Added Tax that has been paid for the obligations referred to in paragraph (1) and
paragraph (4) is non-creditable.
(7) Further provisions on procedures for the repayment of Value Added Tax that has been
exempt or not collected on Imports and/or acquisitions of certain strategic Taxable
Goods as referred to in paragraph (1) and Value Added Tax or Value Added Tax and
Sales Tax on Luxury Goods that were formerly not collected as referred to in paragraph
(4) are regulated by a Ministerial Regulation.
CHAPTER X
TRANSITIONAL PROVISIONS
Article 33
When this Government Regulation comes into force, the provisions stipulating Value Added
Tax or Value Added Tax and Sales Tax on Luxury Goods non-collected given to Taxable
Goods eligible for Import Duty exemptions as regulated under statutory provisions on Import
Duty exemptions shall comply with the provisions under this Government Regulation.
a. Imports and/or Supplies of certain Taxable Goods and/or Supplies of certain Taxable
Services as referred to in Article 3 and Article 4;
c. Supplies of certain strategic Taxable Services within the Customs Area and/or
utilisation of certain strategic Taxable Services from outside the Customs Area within
the Customs Area as referred to in Article 10;
d. Imports and/or Supplies of certain strategic Taxable Goods as well as supplies and/or
utilisation of certain strategic Taxable Services from outside the Customs Area within
the Customs Area as referred to in Article 25 and Article 26; and
e. Imports of Taxable Goods that are exempt from Import Duties as referred to in Article
28 paragraph (3),
carried out from 1 April 2022 until the enactment of this Government Regulation, the
provisions referred to in this Government Regulation shall apply.
Article 35
CHAPTER XI
CLOSING PROVISIONS
Article 36
When this Government Regulation comes into force, semua statutory provisions yang
merupakan peraturan pelaksanaan dari:
are declared to remain valid insofar as they do not contradict the provisions under this
Government Regulation.
For public cognizance, this Government shall be promulgated by placement in the State
Gazette of the Republic of Indonesia.
Stipulated in Jakarta
on 12 December 2022
PRESIDENT OF THE REPUBLIC OF INDONESIA,
signed
JOKO WIDODO
Promulgated in Jakarta
on 12 December 2022
MINISTER OF THE STATE SECRETARIAT OF THE REPUBLIC OF INDONESIA,
signed
PRATIKNO
OF
CONCERNING
VALUE ADDED TAX EXEMPT AND VALUE ADDED TAX OR VALUE ADDED
TAX AND SALES TAX ON LUXURY GOODS NON-COLLECTED ON IMPORTS
AND/OR SUPPLIES OF CERTAIN TAXABLE GOODS AND/OR SUPPLIES OF
CERTAIN TAXABLE SERVICES AND/OR UTILISATION OF CERTAIN
TAXABLE SERVICES FROM OUTSIDE THE CUSTOMS AREA
I. GENERAL
Provisions on the granting of in the field of taxation for certain Taxable Goods and
certain Taxable Services are one of the materials in the Law stipulating Value Added
Tax that are directly affected. These provisions are highly required, mainly for the
success of the sector of high-priority economic activities on a national scale,
encouraging exports that constitute national priorities in certain regions or certain
places, encouraging business development and increasing competitiveness, assisting
in the handling of national natural disasters and national non-natural disasters as well
as facilitating national development as regulated under Article 16B of the Value Added
Tax Law as well as the implementing regulations thereto.
Article 1
Sufficiently clear.
Article 2
Sufficiently clear.
Article 3
Sufficiently clear.
Article 4
Sufficiently clear.
Article 5
Sufficiently clear.
Article 6
Paragraph (1)
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Subparagraph (a)
Sufficiently clear.
Subparagraph (b)
Sufficiently clear.
Subparagraph (c)
“Untanned raw hides and skins” refer to untanned raw hides and skins
from animals.
Subparagraph (d)
Sufficiently clear.
Subparagraph (e)
Sufficiently clear.
Subparagraph (f)
“Pets” refer to animals that are specifically kept as animals for sports,
fun and beauty.
Subparagraph (g)
Sufficiently clear.
Subparagraph (h)
“Raw materials for the manufacture of animal feed” refer to feed
ingredients as regulated under statutory provisions in the animal
husbandry and animal health sector.
“Raw materials for the manufacture of fish feed” are the main raw
materials for fish feed as regulated under statutory provisions in the
fisheries sector.
2. patrol; and/or
excluding those used by the general public and whose use is inherent
to a particular position.
1. combat;
2. patrol; and/or
excluding those used by the general public and whose use is inherent
to a particular position.
Subparagraph (l)
Sufficiently clear.
Subparagraph (m)
Sufficiently clear.
a. the entity’s resources are sourced from donors that do not expect
repayment or economic benefits commensurate with the number
of resources they provide;
Example:
Company A provides transport services to and from the factory in
Bekasi City for their employees who live in Bogor City. Supplies of
transport services by Company A to its employees are exempt from
Value Added Tax. If Company A in providing transport services to its
employees uses the vehicles provided by a transportation company,
the provision of the vehicles by the transportation company to
Company A is subject to Value Added Tax collection.
Subparagraph f
“School transportation” refers to the activity of transporting students
from and to schools to students by schools and the government.
Example:
School A provides transport services to and from the school for its
students. Supplies of transport services by School A to its students are
exempt from Value Added Tax. If schools and the government in
providing transport services use vehicles provided by a transportation
company, the provision of the vehicles by the transportation company
to schools and the government is subject to Value Added Tax
collection.
Subparagraph g
Sufficiently clear.
Subparagraph h
“Public goods transport” refers to the activity of transporting goods
that fulfil the provisions on public goods transport as regulated under
statutory provisions in the goods transportation on the road sector.
Subparagraph i
“Special freight” refers to the activity of transporting goods that
complies with the provisions on special freight as regulated under
statutory provisions in the road freight sector.
Paragraph (4)
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Sufficiently clear.
Paragraph (5)
Sufficiently clear.
Article 20
Sufficiently clear.
Article 21
Paragraph (1)
Sufficiently clear.
Paragraph (2)
An example of domestic air transport services which constitute an integral
part of foreign transport services:
Article 22
Sufficiently clear.
Article 23
Sufficiently clear.
Article 24
Sufficiently clear.
Article 25
Paragraph (1)
Subparagraph a
Water transport equipment includes combat/patrol boats and
unmanned combat/patrol boats as well as weapons attached to the
boats. Air transport equipment includes combat aircraft and unmanned
aircraft as well as weapons attached to the aircraft.
Subparagraph b
Sufficiently clear.
Subparagraph c
“Their business” refers to the entrepreneur’s main business in the
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field of commercial shipping, fishing, port service provider or river, lake
and ferry transport service providers.