Regulation Of The Minister Of Finance Number 88/fmd. 011/2011 2011

Original Language Title: Peraturan Menteri Keuangan Nomor 88/PMK.011/2011 Tahun 2011

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c516c7375f0a52a313233353332.html

BN 341-2011 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 341, 2011PERATURAN the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 88/FMD. 011/2011 ABOUT VALUE ADDED TAX PAID UPON the IMPORT of GOODS for GOVERNMENT BUSINESS ACTIVITIES UPSTREAM OIL and GAS EXPLORATION AS WELL AS GEOTHERMAL EXPLORATION ACTIVITIES for the FISCAL YEAR 2011 with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: a. that in order to increase national production of oil and gas and geothermal , need to provide incentive fiscal to business activities upstream oil and gas exploration as well as the business activities of geothermal exploration;
b. that based on considerations as referred to in letter a and in order to implement the provisions of article 3 paragraph (2) letter b grain 2) Act No. 10 of 2010 about the budget of the State Expenditures and revenues of the fiscal year 2011, the need to set a regulation of the Minister of finance regarding the value added tax Paid upon the Import of goods for Government business activities Upstream Oil and Gas Exploration as well as Geothermal Exploration Activities for the fiscal year 2011;
Remember: 1. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003, an additional Sheet of the Republic of Indonesia Number 4286);
2. Act No. 1 of 2004 on the Treasury of the State (State Gazette of the Republic of Indonesia in 2004, an additional Sheet No. 5 of the Republic of Indonesia Number 4355);
3. Act No. 10 of 2010 about the budget revenue and Expenditure of the State fiscal year 2011 (State Gazette of the Republic of Indonesia Number 126 of 2010, an additional Sheet of the Republic of Indonesia Number 5075);
4. Presidential Decree Number 56/P in 2010;
5. Regulation of the Minister of finance Number 228/FMD. 05/2010 about the mechanisms of Implementation and accountability over the Tax borne by the Government;
Decide: define: REGULATION of the MINISTER of FINANCE REGARDING the VALUE ADDED TAX PAID UPON the IMPORT of GOODS for GOVERNMENT BUSINESS ACTIVITIES UPSTREAM OIL and GAS EXPLORATION AS WELL AS GEOTHERMAL EXPLORATION ACTIVITIES for FISCAL YEAR 2011.
Article 1 (1) value added tax payable upon import of the goods used for business activities upstream oil and gas exploration as well as the business activities of geothermal exploration by entrepreneurs in the field of business activities upstream oil and gas or entrepreneurs in the fields of geothermal, business activities are borne by the Government.
(2) value added tax is borne by the Government as referred to in subsection (1) is the tax subsidy expenditures borne by the Government as stipulated in the regulation of the Minister of finance regarding the mechanisms of implementation and accountability over the tax borne by the Government.
(3) value added tax is borne by the Government as referred to in paragraph (1) provided budget launched as set forth in Act No. 10 of 2010 about the budget revenue and Expenditure of the State fiscal year 2011 along with the revised document.
Article 2 (1) value added tax is borne by the Government as referred to in article 1 are given against a real real-goods used for business activities upstream oil and gas exploration as well as geothermal exploration business activities with the following conditions: a. the goods can be produced within the country;

b. the item was produced in the country but do not meet the required specification; or c. the goods already produced domestically but the amount has not yet been sufficient industry needs.
(2) the business activities of the upstream oil and gas exploration as referred to in subsection (1) is an activity that aims to obtain information about the geological conditions to discover and obtain the estimated oil and gas reserves in the region specified.
(3) geothermal exploration business activities as intended in paragraph (1) is a series of activities that includes the investigation of geology, geophysics, geochemistry, drilling test wells and drilling of exploration, which aims to acquire and add information of geological conditions under permukaaan to find and get an estimated geothermal potential.
Article 3 the businessman referred to in article 1 paragraph (1) includes the following: a. the entrepreneur in the field of business activities upstream oil and natural gas that binds the contract of cooperation with the Government of the Republic of Indonesia after the enactment of Act No. 22 of 2001 on oil and Natural Gas.
b. Entrepreneurs in the field of business activities a geothermal have binding contracts with the Government of the Republic of Indonesia or to get Geothermal Licences after December 31, 1994, or an entrepreneur in the field of geothermal who get the assignment to do a preliminary survey of the Government of the Republic of Indonesia.
Article 4 the goods referred to in article 1 paragraph (1) are goods that are listed in the notification of the Customs Import that has been getting a registration number from the Office of supervision and the Ministry of customs and Excise or service Office Main Customs port income since the enactment of the regulation of the Minister of finance.

Article 5 (1) an application for getting the value added tax paid upon the import of goods that the Government used for business activities upstream oil and gas exploration as stipulated in article 2 paragraph (2) presented to the Director General of customs and Excise enclosed with the goods Import Plan (RIB) that have been approved and ditandasahkan by the Director General of oil and Gas, the Ministry of energy and Mineral resources , pay attention to the conditions as referred to in article 2 paragraph (1).
(2) the petition to get the value added tax paid upon the import of goods that the Government used for geothermal exploration business activities referred to in article 2 paragraph (3) submitted to the Director General of customs and Excise enclosed with the goods Import Plan (RIB) which has been approved by the Director General ditandasahkan and new energy, renewables and energy conservation, the Ministry of energy and Mineral resources, pay attention to the conditions as referred to in article 2 paragraph (1).
(3) the RIB as mentioned in subsection (1) or subsection (2) at least contain the following data elements: a. the number and date of RIB;

b. the company name Contractor;

c. Tax Payer Number (NPWP);

d. the address;

e. contract basis;

f. the contract Territory;

g. Customs Office Place Revenue goods;

h. Postal Rates;

i. Description of the goods;

j. the country of origin of goods;

k. Amount/unit of goods;

b. an estimate of the price/value of imports;

d. types of activities (exploration or exploitation); and n. the direction of contracting companies.
(4) the Application referred to in subsection (1) or paragraph (2) presented together in one (1) submission of an application for exemption with RIB import duties referred to in the regulation of the Minister of finance Number 177/FMD. 011/2007 about the liberation of import duties upon importation of goods for business activities Upstream Oil and Gas and Geothermal with changes.
Article 6 (1) of the Directorate General of customs and Excise upon receipt of the documents referred to in article 5, the next they affixed a stamp "VAT BORNE GOVERNMENT EX … …/PMK.011/2011 FMD," on all Customs Import Notification sheet and mail Tax Deposit.
(2) a copy of the RIB as stipulated in article 5 clause (1) or subsection (2) is submitted to: a. the Director General of oil and Gas, the Ministry of energy and Mineral resources, Implementing Agency and head of the business activities of the Upstream Oil and Natural Gas upstream business areas for oil and gas; and b. the Director General of Renewable and new energy, energy conservation, the Ministry of energy and Mineral resources for geothermal fields.
(3) the Director General of customs and Excise Tax Amount Paid Listings deliver the Government every quarter to the Director General of Taxation Director-in particular the Potential compliance and Acceptance as a power user of the budget for the tax borne by Government subsidy spending, at least the end of next month after the end of the quarter.
(4) based on the amount of tax borne by the Government Lists as referred to in paragraph (3), the Director General of Taxation Director-in particular the Potential Compliance and acceptance of orders to officials and dignitaries Signers Commitment Maker Warrant paying the appropriate task each to: a. create a Mail request for payment upon the realization of tax borne by government subsidy shopping;

b. make a warrant to pay; and c. delivered a Warrant to pay to the State Perbendaharan Service Office, Directorate General of the Treasury of the State to get a warrant for Disbursement as the implementation of the expenditure Budget of the State Expenditures and Revenues for Tax subsidies Paid by the Government.
Article 7 Tax Director General and Director General of customs and Excise was instructed to implement the provision in the regulation of the Minister of finance.

Article 8 regulations of the Ministry of Finance began to take effect on the date of enactment until December 31, 2011.

In order to make everyone aware of it, ordered the enactment of these Regulations the Minister of finance with its placement in the news of the Republic of Indonesia.

Established in Jakarta on June 13, 2011-MINISTRY of FINANCE of REPUBLIC of INDONESIA, AGUS MARTOWARDOJO d. w. Enacted in Jakarta on June 13, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR fnFooter ();