29 March, 2016
Minister of Finance (“MOF”) Regulation No. 273/PMK.010/2015, dated January 13, 2016, regarding Government-Borne Import Duties in Certain Sectors of Industry for the 2016 Fiscal Year. The Government-Borne Import Duty is given for goods and materials de ned as nished goods, semi- nished goods and/or raw materials including spare parts and components, which are processed, assembled or installed to produce goods and/or services. The Government-Borne Import Duty is granted for companies in the industrial sectors listed in Attachment II of this Regulation. There are certain exemptions for goods and materials that are not subject to the Government-Borne Import Duty. This Regulation came into effect on January 1, 2016 and will remain in effect until December 31, 2016.
MOF Regulation No. 8/PMK.08/2016, dated January 26, 2016, regarding the Amendment of MOF Regulation No. 260/PMK.011/2010 regarding Implementation Guidelines for the Infrastructure Guarantee in Public-Private Partnership. This Regulation aims to improve the effectiveness of recourse settlement by the Government Contracting Agency (“GCA”). One of the key features introduced by this Regulation is the clearing mechanism for the Indonesia Infrastructure Guarantee Fund (“IIGF”) in conducting the recourse settlement. The GCA may le a request for the allocation of recourse payment funds to the Minister of Finance, through the Director General of Fund and Risk Management (“DGFRM”), after receiving notice of recourse implementation from the IIGF. Subsequently, the DGFRM and its relevant sub-unit will assess the document and forward the assessment result to the Directorate General of Budget. The Directorate General of Budget will allocate the recourse budget (using a budget increase mechanism), which can originate from the Guarantee Reserve Fund, to the concerned GCA for the recourse settlement. This Regulation came into effect on the date of its promulgation.
MOF Regulation No. 13/PMK.05/2016, dated January 29, 2016, regarding Procedures for Optimizing the Settlement of State Receivables Originating from the Forwarding of Foreign Loans and Investment Fund Accounts in State-Owned Enterprises/Limited Liability Companies/Other Legal Entities. This Regulation sets out the means of optimization for the settlement of state receivables, i.e., through (i) rescheduling, (ii) amendment of terms, (iii) capital participation by the state in the relevant state-owned enterprise/limited liability company or legal entity and/or (iv) annulment. The aspects covered under this Regulation include the procedures for the settlement of state receivables, the amendment of the agreement and reporting procedures. This Regulation came into effect on the date of its promulgation.
MOF Regulation No. 16/PMK.010/2016, dated February 3, 2016, regarding the Fifth Amendment of MOF Regulation No. 154/PMK.03/2010 regarding the Collection of Article 22 Income Tax in Connection with the Payment of Delivery of Goods and Activities in the Import Sector or Business Activities in Other Sectors. The points amended by this Regulation include the list of tax collectors contemplated under Article 22 of Law No. 7 of 1983 regarding Income Tax (as amended), the de nition of import value and export value as the basis for the amount of Article 22 Income Tax, and the exempted circumstances for the imposition of Article 22 Income Tax. This Regulation came into effect on the date of its promulgation.
For further information, please contact:
Dyah Soewito, Partner, Soewito Suhardiman Eddymurthy Kardono
dyahsoewito@ssek.com
