Page 4 - Newsletter (Changes in The Taxation Provisions of International Trade and Digital Economy)
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DDTC Newsletter Vol.01 |  No.04  I  April 2019                                              Page 4 of 6


          CHANGES IN THE TAXATION PROVISIONS OF INTERNATIONAL TRADE AND
          DIGITAL ECONOMY

          Table 2 – The Comparison of BMAD Provisions for H Section   Efforts to Increase the Competitiveness
                         and I Section Products                of Service Export through VAT  Policies
           No    Comparison    MoF Regulation   MoF Regulation
                               No. 242/2015   No. 24/2019
                                                               The  government  has  officially  extended  the  imposition
                                                               of 0% on Value-Added Tax (VAT) on service exports. This
           1   BMAD rate.        11.93%        11.93%
                                                               is  regulated  in  MoF  Regulation  No.  32/PMK.010/2019
                                                               concerning  the  Limitations  of  Activities  and  Types  of
           2   HS Code   of H   7216.33.00.00  7216.33.11 and   Taxable  Services  of  which  the  Exports  are  Subject  to
                     4
               Section products               7216.33.19
                                                               VAT (MoF Regulation No. 32/2019). This regulation was
               imposed with
                                                               signed by the Minister of Finance, Sri Mulyani Indrawati
               BMAD.
                                                               and  promulgated  on  29  March  2019.  The  regulation
           3   HS Code of I    7216.32.00.00  7216.32.10 and   was  issued  with  the  intention  to  improve  the  economic
               Section products               7216.32.90.
                                                               growth by encouraging service exports and increasing the
               imposed with
                                                               competitiveness of the national service industry.
               BMAD.
                                                               The  types  of  Taxable  Services  (Jasa Kena Pajak/JKP)
          Table 3 – The Comparison of HS Code Subject to BMAD for   subject  to  0%  rate  were  previously  regulated  by  MoF
               Flat-rolled Products from Iron or Non-Alloy Steel  Regulation  Number  70/PMK.03/2010 concerning the
           No    Comparison    MoF Regulation   MoF Regulation   Limitations of Activities and Types of Taxable Services of
                               No. 242/2015   No. 24/2019      which the Exports are Subject to VAT (MoF Regulation No.
                                                               70/2010)  as  amended  by  the  MoF  Regulation  Number
           1   Flat-rolled     7208.10.00.00;   7208.10.00;    30/PMK.03/2011  concerning  the  Amendments  to  the
               Products of Iron   7208.25.00.00;   7208.25.00;   MoF  Regulation  Number  70/PMK.03/2010  concerning
               or Non-alloy Steel   7208.26.00.00;   7208.26.00;   theLimitations  on  Taxable  Activities  and  Service  Types
               HS Code.        7208.27.10.00;   7208.27.11;    of which Exports are Subject to VAT (MoF Regulation No.
                               7208.27.90.00;   7208.27.19;    30/2011).
                               7208.36.00.00;   7208.27.91;
                               7208.37.00.00;   7208.27.99;
                               7208.38.00.00;   7208.36.00;    Based  on  the  previous  regulation,  only  three  types  of
                               7208.39.00.00;   7208.37.00;    taxable  services  were  subject  to  a  0%  rate,  namely
                                 and ex.      7208.38.00;      tolling  manufacturing  services,  repair  and  maintenance
                               7208.90.00.00.  7208.39.10;
                                                               services of movable property, and construction services.
                                              7208.39.90;
                                                               In  addition  to  the  three  types  of  services,  the  supply  of
                                             ex.7208.90.10;
                                                               taxable services outside the customs area (VAT territorial
                                             ex.7208.90.20;
                                                 and           scope)  was  regulated  through  the  Director  General  of
                                             ex.7208.90.90.    Taxes  Circular  Number  SE-49/PJ/2011 concerning the
                                                               Submission of MoF Regulation Number 30/PMK.03/2011
          automatic  basis.  Meanwhile,  a  reportable  jurisdiction  is   concerning the Amendments to MoF Regulation Number
          participating jurisdiction which is the destination for the   70/PMK.03/2010 concerning the Limitations on Taxable
          Indonesian  government  to  carry  out  the  obligation  to   Activities and Service Types of which Exports are Subject
          deliver  financial  information  on  an  automatic  basis.The   to VAT.
          new list contains eight jurisdictions that are also included
          on  the  EU  tax  haven  blacklist.  Such  jurisdictions  are   Under  the  latest  regulation,  the  government  divides
          obliged to provide financial information to the Indonesian   services (service activities) which are subject to 0% VAT in
          authorities.  Those  jurisdictions  are  Samoa,  Aruba,   three categories. First, activities with respect to movable
          Barbados, Belize, Bermuda, Marshall Islands, United Arab   property  utilized  outside  the  customs  area.  Second,
          Emirates, and Vanuatu. Of these eight countries, reciprocal   activities with respect to immovable property outside the
          exchanges only apply to Samoa, Aruba, Barbados, Belize,   customs area.
          and  Vanuatu.  Thus,  Indonesia  is  not  obliged  to  supply
          financial  information  of  citizens  of  Bermuda,  Marshall   Third, other activities of which results are supplied to be
          Islands,  and  the  United  Arab  Emirates  residing  in   utilized  outside  of  the  customs  area  by  direct/indirect
          Indonesia. 4                                         supply (including through post and electronic channels)
                                                               or  in  the  form  of  providing  rights  of  access  outside  the
                                                               customs area. Further information regarding the type of
                                                               taxable services subject to a 0% rate is indicated in Table 4.

                                                               Ideally, all exports of taxable services should be subject
          4  Harmonized System (HS)
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