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Regulation Of The Minister Of Finance Number 140/fmd. 03/2010 2010

Original Language Title: Peraturan Menteri Keuangan Nomor 140/PMK.03/2010 Tahun 2010

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THE REPUBLIC OF INDONESIA NEWS

No. 386, 2010 MINISTRY OF FINANCE. Mandatory Tax. Stock Income. OTHER PARTIES.

REGULATIONS OF THE Indonesian REPUBLIC FINANCIAL MINISTER

NUMBER 140 /PMK.03/ 2010 ABOUT

THE STATUTORY DESIGNATION OF TAXES AS THE ACTUAL PARTY PERFORMING THE PURCHASE OF SHARES OR ASSETS OF THE COMPANY THROUGH OTHER PARTIES OR BODIES. CREATED FOR

MEANS (SPECIAL PURPOSE COMPANY) WHICH HAS SPECIAL RELATIONS WITH THE OTHER PARTY AND

THERE IS A PRICING IMBALANCE

WITH THE GRACE OF THE GOD ALMIGHTY THE REPUBLIC FINANCIAL MINISTER INDONESIA,

Win: a. that under the provisions of Article 18 paragraph (3b) Invite-Invite Number 7 Year 1983 on Income Tax as it has been several times amended last with Act No. 36 of 2008 is set that Wajib Tax is doing the purchase of shares or company assets by other parties or entities created for the purpose of such (special purpose company), may be specified as the actual party to make such purchases as long as the Tax Required Concurrent is available. Special relationship with the other or the body and there is an irregularity pricing;

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2010, No. 386 2

b. that based on consideration as intended on the letter a, and to carry out the provisions of Article 18 of the paragraph (3e) of the Act No. 7 of 1983 on the Income Tax as it has been several times amended last by Act Number 36 In 2008, it was necessary to establish the Minister of Finance Regulation on the Compulsory Assignment as a Party of Actual Stock Purchase or the Activa of the Company Through Other Parties or Bodies Being Formed to Mean It (special purpose) (Company) Uncertainty About The Price Of The Price;

Given: 1. Law No. 6 of 1983 on General Terms and Taxation Methods (sheet of State of the Republic of Indonesia in 1983 Number 49, Additional Gazette of the Republic of Indonesia No. 3262) as it has been several times amended by Law No. 16 Of 2009 (sheet Of State Of The Republic Of Indonesia In 2009 Number 62, Additional Sheet Of The Republic Of Indonesia Indonesia Number 4999);

2. Law No. 7 Year 1983 on Income Tax (State of the Republic of Indonesia Year 1983 Number 50, Additional Gazette Republic of Indonesia Number 3263) as has been several times amended last by Act No. 36 2008 (sheet State Of The Republic Of Indonesia 2008 Number 133, Additional Gazette Of The Republic Of Indonesia Number 4893);

3. The decision of the President No. 56/P of 2010; DECIDED:

SPECIFIES: THE REGULATION OF THE FINANCE MINISTER ON THE DESIGNATION OF TAX IS MANDATORY AS THE ACTUAL PARTY PERFORMS THE PURCHASE OF SHARES OR ASSETS OF THE COMPANY THROUGH ANY OTHER PARTY OR ENTITY CREATED FOR

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MEANS (SPECIAL PURPOSE COMPANY) WHICH HAS A SPECIAL RELATIONSHIP WITH THE OTHER PARTY AND THERE IS AN IRREGULARITY OF PRICING PRICING.

Article 1 In this Financial Minister Regulation referred to: 1. The Income Tax Act is Law Number 7

In 1983 of Income Tax as it has been several times amended last by the Act Number 36, 2008.

2. Special Relationship is a special relationship as set up Section 18 of the paragraph (4) of the Income Tax Act, or special relationship as set out in the Doubled Tax Avoidance and Prevention Prevention (P3B) Agreement between IBM and the United States. Indonesia with partner country in effect.

Section 2 (1) Purchase of the shares or assets of a domestic body Tax by an

party or body formed specifically for the purpose of such (special purpose company) may set to be made by the other domestic Tax Wajib as a party that actually does the purchase referred to throughout: a. A specified domestic tax is a party that

in fact does the purchase has a Special Relationship with the party or body formed for the purpose of doing a share purchase or company activation (special purpose company); and

b. There is an unfairness of the purchase price set. (2) The company ' s stock or activas as referred to in paragraph (1)

is: a. Shares or assets previously owned and/or warranted by

Wajib Tax in the country specified as the actual party for the purchase, in connection with the debt debt agreement; or

b. Assets which are assets of credit (receivable) to the Internal Tax Mandatory Service designated as the actual party for the purchase, in connection with the debt debt agreement.

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(3) the party or body formed for the purpose of purchasing a stock or company (special purpose company) as referred to in paragraph (1) is a party or entity that does not have a The substance of the business and which is set up by the Internal Revenue Wajib aimed at either to buy shares or actives of Wajib Tax in another country.

Article 3 of the Finance Minister ' s Ordinance comes into effect at the time of the promulgation. In order for everyone to know, order the authoring of the Minister of Finance Regulation with its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 11 August 2010 MINISTER OF FINANCE REPUBLIC OF INDONESIA, AGUS D.W. MARTOWARDOJO

promulred in Jakarta on 11 August 2010 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA, PATRIALIST AKBAR

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