MoF Regulation No. 37/PMK.03/2015 dated March 4, 2015

APPOINTMENT PARTICULAR CORPORATION TO COLLECT, DEPOSIT AND REPORT VAT OR VAT AND SALES TAX ON LUXURY GOODS, ALSO PROCEDURES FOR ITS COLLECTION, DEPOSIT AND REPORTING

Particular corporation which may be appointed as collector of VAT or VAT and sales tax on luxury goods are:

1.    After the effective date of this regulation, a State owned company which is being restructured by government by transferring government share to other state owned company;

2.    Government restructured companies in fertilizer business which are PT Pupuk Sriwidjaja Palembang, PT Petrokimia Gresik, PT Pupuk Kujang, PT Pupuk Kalimantan Timur, and PT Pupuk Iskandar Muda;

3.    Particular companies owned by state onwed company which are PT Telekomunikasi Selular, PT Indonesia Power, PT Pembangkitan Jawa-Bali, PT Semen Padang, PT Semen Tonasa, PT Elnusa Tbk, PT Krakatau Wajatama, PT Rajawali Nusindo, PT Wijaya Karya Beton Tbk, PT Kimia Farma Apotek, PT Badak Natural Gas Liquefaction, PT Kimia Farma Trading & Distribution, PT Tambang Timah, PT Terminal Petikemas Surabaya, PT Indonesia Comnets Plus, Bank Syariah Mandiri, Bank BRI Syariah, and Bank BNI Syariah.

When companies in point 2 and 3 change their company name, they are still being appointed as collector of VAT or VAT and sales tax on luxury goods.

When companies in point 2 are no longer directly owned by state owned company, they are no longer being appointed as collector of VAT or VAT and sales tax on luxury goods.

Payable VAT and VAT and sales tax on luxury goods on transfer of taxable goods and/or services by contractors to particular corporations, must be collected, deposited and reported by particular corporations. Contractors are taxable entrepreneur who transfer taxable goods and/or services to particular corporations.

VAT amount must be collected by particular corporations are 10% from tax collection basis. When taxable goods are payable to sales tax on luxury goods, amount of such tax must be collected by particular corporations are valid tax rate multiplied by tax collection basis.

VAT or VAT and sales tax on luxury goods are no collected by particular corporation when:

1.    Single payment of maximum IDR 10 million including VAT or VAT and sales tax on luxury goods.

2.    Payment on taxable goods and/or services which in accordance with taxation law are not collected or exempted from VAT;

3.    Payment on transfer of fuel oil and non fuel oil by PT PERTAMINA (Persero);

4.    Payment on telephone bill;

5.    Payment on air transportation services by airliner; and/or

6.    Other payments on transfer of goods and/or services which according to taxation law are not payable to VAT or VAT and sales tax on luxury goods.

Payable VAT or VAT and sales tax on luxury goods in point 1 to 5 are collected, deposited and reported by contractors according to tax law and regulation.

Contractors must prepare tax invoice to every transfer of taxable goods and/or services to particular corporations, which must be prepared at the time of:

1.    Transfer of taxable goods and/or services;

2.    Payment received when such payment is made before transfer of taxable goods and/or services; or

3.    Term payment when transfer of partial work.

VAT or VAT and sales tax on luxury goods will be collected by particular corporations at the time of:

1.    Transfer of taxable goods and/or services;

2.    Payment received when such payment is made before transfer of taxable goods and/or services; or

3.    Term payment when transfer of partial work.

Particular corporations must deposit all collected VAT or VAT and sales tax on luxury goods to post office/receiving bank no later than day 15 of subsequent month after end of tax period.

Particular corporations must report all collected and deposited VAT or VAT and sales tax on luxury goods to post office/receiving bank no later than end of subsequent month after end of tax period.

Such report will be conducted every month by using VAT periodic tax return attached by nominative list of tax invoice and tax payment form.

When particular corporations do not meet any of the above mentioned condition, they will be charged by penalty according to tax law and regulation.

This regulation will be effective at 1 April 2015.