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Act No. 17 Of 2000

Original Language Title: Undang-Undang Nomor 17 Tahun 2000

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SHEET COUNTRY
REPUBLIC OF INDONESIA

No. 127, 2000 (Explanation In Addition of the Republic of Indonesia State Sheet Number 3985)

CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 17 YEAR 2000
ABOUT
THIRD CHANGE OVER THE LEGISLATION
THE 1983 7 YEAR NUMBER ON INCOME TAX

WITH THE GRACE OF THE ALMIGHTY GOD

PRESIDENT OF THE REPUBLIC OF INDONESIA,

.,, weighed: that in an effort to further provide justice and improve service to Wajib Tax as well as for more can be created legal certainty, it needs to be made a change to the Law Number 7 Year 1983 on Taxes Earnings as amended last by Act No. 10 of 1994;

.,, Given: 1. Section 5 of the paragraph (1), Section 20 of the paragraph (1), and Article 23 of the paragraph (2) of the Basic Law of 1945;
., 2. Act No. 6 of 1983 on General Terms and Taxation Methods (sheet Of State Of The Republic Of Indonesia In 1983 Number 49, Extra State Sheet Number 3262), as amended last by Law Number 16 Of 2000 (Sheet State Of The Republic Of Indonesia In 2000 Number 126 Additional State Sheet Number 3984);
., 3. Code Number 7 Year 1983 on Income Tax (state Gazette Indonesia Year 1983 Number 50, Extra State Sheet Number 3263), as has been last modified with Act Number 10 Year 1994 (State Sheet of 1994 Number 60, Extra sheet of state of the Republic of Indonesia State Number 3567);

With Approval
THE REPUBLIC OF INDONESIA ' S REPRESENTATIVE COUNCIL

DECIDED:

.,, SET: LEGISLATION ON THE THIRD CHANGE TO THE 1983 CODE NUMBER 7 ON INCOME TAX.

Section 1
Law Number 7 of 1983 on Income Taxes (sheet of State of the Republic of Indonesia 1983 Number 50, Additional Gazette State Number 3263) which has been several times amended by the Act:
., A. Number 7 Of 1991 (sheet Of State Of The Republic Of Indonesia In 1991 Number 93, Extra State Sheet Number 3459);
., b. Number 10 Year 1994 (State Sheet Of The Republic Of Indonesia In 1994 Number 60, Extra State Sheet Number 3567);
changed as follows:

., 1. The provisions of Section 2 paragraph (1) letter b and paragraph (6) are changed, so that the entirety of Article 2 reads as follows:
.,,
" Article 2
(1) The Subjects Tax Subject is:
., a., a. 1) A person of person;
.,, 2) Undivided Legacy as one entity, replace the entitled;
B. body;
c. a fixed form of enterprise.
., (2) The Tax Subject is made up of the Internal Tax Subjects and the Foreign Tax Subject.
(3) The country ' s domestic Tax Subject is:
.,
., a., a. Persons residing in Indonesia or persons who are in Indonesia are more than 183 (100) days in the term of 12 (twelve) months, or persons who in a tax year are in Indonesia. and had the intention to reside in Indonesia;
B. a established body or position in Indonesia;
c. A legacy that has not been divided as one entity, replacing the entitled.
(4) Which is referred to the Foreign Tax Subject is:
.,
., a., a. Persons who do not reside in Indonesia or are in Indonesia no more than 183 (one hundred and eighty-three) days in the term of twelve (twelve) months, and an unfounded body, and not held in Indonesia. which runs an attempt or performs activities through a fixed form of enterprise in Indonesia;
., b. Persons who do not reside in Indonesia or are in Indonesia no more than 183 (one hundred and eighty-three) days in the term of twelve (twelve) months, and an unfounded body, and not held in Indonesia. who can accept or earn income from Indonesia not from running an effort or performing activities through a fixed form of effort in Indonesia.
.,, (5) The form of a fixed effort is the form of an effort used by private persons who do not reside in Indonesia or are in Indonesia no more than 183 (one hundred eighty-three) days in the term of 12 (twelve) months, or unfounded bodies and are not located in Indonesia, to run business or conduct activities in Indonesia, which may be:
., a., a. management position;
B. company branches;
c. representative office;
D. office building;
e. factory;
f. workshop;
., g. mining and excavation of natural sources, the drilling work area used for mining exploration;
h. fisheries, farms, farms, plantations, or forestry;
i. construction project, installation, or assembly project;
., j. The service of any kind by employee or by another person, as long as it is done by more than 60 (sixty) days in a period of 12 (twelve) months;
No, a person or entity that acts as an agent whose position is not free;
., l. the agent or employee of an unfounded insurance company and is not located in Indonesia who receives an insurance premium or bears a risk in Indonesia.
.,, (6) the residence of a private person or body seat is determined by the Director General of the Tax according to the actual state of the state. "

., 2. The section 3 of the letter b, the letter c, and the letter d are changed, so that the entirety of Article 3 reads as follows:
.,,
" Article 3
Not including the Tax Subject as referred to in Article 2 is:
a. foreign country representative body;
., b. Officials of the country, and other officials of the foreign country, and those who are secondhand to those who work on and reside with them, are not citizens of the country of Indonesia and of the countries of the country. in Indonesia does not accept or acquire any other income outside of the post or its work as well as the country in question giving the reciprocity of reciprocity;
., c. International Organizations established with the Decree of the Minister of Finance, on condition:
.,, 1) Indonesia becomes a member of such organization;
.,, 2) does not run any other efforts or activities to earn income from Indonesia in addition to the granting of loans to governments whose funds come from the members of the members;
., d. Representative officials of the international organization established by the Minister of Finance under the terms of non-Indonesian citizens and do not run the business or conduct any other activities or work to earn income in Indonesia. "

., 3. The provisions of Section 4 paragraph (1) letter k, letter o, and verse (3) letters a and letter f are changed, so that the entirety of Article 4 reads as follows:
.,,
" Section 4
.,, (1) That being an Object of Tax is the income i.e. any additional economic capability that is received or obtained by Wajib Tax, whether originating from Indonesia or from outside Indonesia, which can be used for consumption or to add The wealth of the Mandatory Taxes is concerned, with the name and in any form, including:
.,
., a., a. the replacement or payment of respect to the work or services received or obtained including pay, wages, benefits, honorarium, commissions, bonuses, gratuities, pension money, or other forms of reward, unless otherwise specified in the This Act;
B. gifts from sweepstakes or work or activities, and awards;
c. attempt profit;
D. profit due to the sale or due to the transfer of property including:
.,
.,, 1) the benefits due to the transfer of property to the company, fellowship, and other bodies in lieu of shares or capital inclusion;
.,, 2) the benefits acquired by the company, the fellowship and other bodies due to the transfer of the property to the shareholders, allies, or members;
.,, 3) profit due to liquidation, incorporation, smelting, secession, breaking, or takeover of the venture;
.,, 4) profits due to the transfer of a grant, assistance or donation, except that given to a family of blood in a straight line of one degree, and a religious body or an educational body or a social body or a small entrepreneur including the cooperative established by the Minister of Finance, to the extent that it has nothing to do with the effort, employment, ownership or mastery between the parties concerned;
e. the repayment of the tax payment which has been charged as a fee;
., f. flowers including premium, diskonto, and rewards due to a debt return guarantee;
., g. The dividend, by name and in any form, includes dividends from the insurance company to the policyholders, and the share of the remaining cooperative venture results;
h. royalty;
i. rent and other income in connection with the use of the treasure;
J. acceptance or acquisition of periodic payments;
., k. profit due to the release of the debt, unless up to a certain amount set out with the Government Regulation;
I. profit due to the difference of foreign currency kurs;
M. more difference due to activa return assessment;
N. insurance premiums;
., o. iuran which is accepted or acquired by the association of its members consisting of the Tax Wajib which runs the business or the free work;
., p. extra neto wealth derived from income that has n' t been taxed.
., (2) For the income of deposit interest[1] and other savings[2], the earnings of stock transactions and other securities in the stock exchange, earnings of diversion of land and/or building as well as certain other income[3], its tax imposition is governed by the Government Regulation.
(3) Which does not include a Tax Object is:
.,
., a., a. 1) assistance or endowment, including zakat which is received by the charity of the zakat agency charity which is either formed or authorized by the Government and the beneficiaries of the zakat;
.,
.,, 2) the hyper possessions received by the family of a blood in a straight line of one degree, and by religious bodies or educational bodies or social bodies or small businessmen including cooperatives set by the Finance Minister;
To the extent that it has nothing to do with the effort, work, ownership, or mastery of the parties;
B. legacy;
.,, c. treasures including cash deposits received by the body as referred to in Article 2 of the paragraph (I) letter b as a stock substitute or in lieu of a capital inclusion;
., d. replacement or return in connection with the work or services received or acquired in the form of a natura and/or enjoyment of the Tax or Government Wajib;
., e. payments from insurance companies to private persons in connection with health insurance, accident insurance, life insurance, bi-use insurance, and student customs insurance;
., f. The dividend or profit section received or acquired is limited to the Cloud Service, cooperatives, State-owned Usha Agency, Regional-owned Enterprises, from capital disputes to the established entity and place of the position in the United States. Indonesia on condition:
.,, 1) the dividend comes from the retained earnings backup; and
.,, 2) for limited liability, State-owned Enterprises and Regional-Owed Enterprises Agency receiving dividends, share ownership of the body that provides the lowest dividend of 25% (twenty-five percent) of the amount of capital that is committed and must be have an active effort outside of those shares;
., g. The dues received or obtained by a pension fund whose foundation has been passed by the Minister of Finance, whether paid for by the employers and employees;
., h. the income of the capital instilled by the pension fund as referred to in the letter g, in certain areas specified with the Finance Minister ' s Decision;
., i. The portion of the profit received or acquired by a member of the command company whose capital is not divided on shares, alliances, sororities, firms, and kongsi;
., j. interest rates received or acquired by a fund company for five (five) years from the foundation of the company or business permit;
., k. Earned or acquired a venture capital firm is a profit part of an enterprise entity established and running an effort or activities in Indonesia, on the terms of the business partner's agency:
.,
.,, 1) is a small, medium-sized, or running company that runs activities in the business sector specified with the Financial Minister ' s Decision; and
2) The stock is not traded on the effect exchange in Indonesia. "

., 4. The provisions of Section 6 paragraph (1) letter a, letter e, and verse (2) are changed, and plus 1 (one) letter of the letter h, so that the entirety of Article 6 reads as follows:
.,,
" Section 6
.,, (1) The magnitude of the income taxable for the Internal Tax Wajib and the form of fixed effort, determined based on the gross income was reduced:
.,
., a., a. expenses to obtain, collect, and maintain income, including the cost of purchase of materials, costs with respect to employment or services including wages, salaries, honorarium, bonuses, gratification, and allowances provided in the form of money, interest, rent, and income. royalty, travel expenses, waste processing costs, insurance premiums, administrative costs, and taxes except for Income Tax;
., b. depreciation of expenses to obtain tangible property and amortization of expenses to obtain rights and at other costs of more than 1 (one) year terms as referred to in Section 11 and Section 11A;
.,, c. iuran to the pension fund whose stance has been passed by the Minister of Finance;
., d. loss due to the sale or transfer of the property owned and used within the company or owned to obtain, collect, and maintain income;
e. loss due to the difference of foreign currency kurs;
f. the company ' s research and development costs carried out in Indonesia;
G. charges of student duties, interns, and training.
h. Real-real debt cannot be invoiced, on condition:
.,, 1) has been charged as a fee in the commercial loss earnings report;
.,, 2) have been submitted by case of its charge to the State Court or the Board of Debt and State Lelang (BUPLN) or the existence of a written agreement regarding the removal of the debt/debt exemption between the creditors and the debtors in question;
3) has been published in public or special publishing; and
.,, 4) Wajib Tax must submit a list of accounts receivable to the Directorate General of Tax, whose implementation is further set up with the Director General of Tax ' s Decision.
.,, (2) If the gross income after the reduction in question in paragraph (1) is obtained, the loss is compensated with earnings starting from the next consecutive tax year up to 5 (5) years.
., (3) To a private person as Wajib Tax in the country is given a reduction in the form of Income Not Taxable as referred to in Article 7. "

. .5. The provisions of Section 7 paragraph (3) are changed, so that the entirety of Article 7 reads as follows:
.,,
" Article 7
(1) The income of No Taxes is given as large as:
.,
., a., a. Rp2.880.000.00 (two million eight hundred eighty thousand rupiah) for the self-person Tax Wajib;
., b. Rp1.440.000.00 (one million four hundred forty thousand rupiah) additional for the mating Tax Mandatory Service;
., c. Rp2,880.000.00 (two million eight hundred eighty thousand rupiah) additional for a wife whose income is merged with the husband's income as referred to in Article 8 of the paragraph (1);
., d. Rp1,440.000.00 (one million four hundred and forty thousand rupiah) additional for each member of the family of blood and family in a straight line of descent and foster child, which became entirely dependents, at most 3 (three) people for the first time. every family.
.,, (2) The anointing of the verse (1) is determined by the state at the beginning of the tax year or the beginning of the tax year.
.,, (3) The Adjustment of the magnitude of the Income Taxable as referred to in paragraph (1) is defined by the Decree of the Minister of Finance. "

., 6. The provisions of Section 9 paragraph (1) of the letter c, letter e, and the letter g are changed so that the entirety of section 9 reads as follows:
.,,
" Section 9
.,, (1) To determine the magnitude of Taxable Income for the Internal Tax Wajib and the form of the effort remains uncurable:
.,
., a., a. profit sharing with name and in any form such as dividends, including dividends paid by the insurance company to the policyholder, and the share of the remaining cooperative effort;
., b. expenses charged or issued for the personal interest of shareholders, allies, or members;
.,, c. the establishment or buildup of backup funds unless the receivables are not charged for bank and lease efforts in order with the option rights, reserves for insurance efforts, and reclaimed cost reserves for mining efforts, which are provisions and The terms are defined by the Minister of Finance's Decision;
., d. health insurance premiums, accident insurance, life insurance, bi-use insurance, and student customs insurance, which is paid for by a private person ' s Taxes, unless paid by the employers and the premiums counted as income for Wajib Tax concerned;
., e. replacement or reward with respect to the work or services provided in the form of natura and enjoyment, except provision of food and drink for all employees as well as replacement or reward in the form of natura and enjoyment in the area Certain and the giving in the form of natura and enjoyment related to the execution of the work set with the Finance Minister ' s Decision;
., f. the amount that exceeds the amount paid to the shareholders or to the party with the special relationship in return with respect to the work done;
., g. A wealth of goods, gifts, gifts, or gifts, and inheritance, as referred to in Article 4 of the (3) letters of the (b), and of the letter (b), except for the Taxes of the People of the People of the People of the People (of the Law), and the (or) Taxes. Domestic entities owned by the Isalam to the charity, the zakat, or the charity institutions that are created or authorized by the Government;
h. Income Tax;
., i. expenses charged or issued for the personal interest of the Tax Wajib or the person who is the liability of;
., j. the salary paid to a member of an alliance, a firm, or a commanding officer whose capital is not divided over the shares;
., k. Administration sanctions are interest, fines, and increases and criminal sanctions are fine with respect to the implementation of legislation in the taxation field.
.,, (2) Spending to obtain, collect, and maintain income that has a benefit of more than 1 (one) year is not allowed to be charged at once, but is charged through depreciation or amortization as contemplated in Article 11 or Article 11 A. "

., 7. The provisions of Section 11 paragraph (1), paragraph (2), paragraph (3), paragraph (4), paragraph (7), paragraph (9), and paragraph (11) are changed, so that the entirety of Article 11 reads as follows:
.,,
" Section 11
.,, (1) Repreciation of expenses for purchase, establishment, addition, repair, or tangible property change, except for the property of property rights, building rights, business rights, and use rights, which are owned and used for the purpose of the Cloud Service. get, collect, and maintain income that has a benefit of more than 1 (one) year of being done in the same sections as long as the benefits that have been determined for the property.
.,, (2) the depreciation of tangible property expenditure as referred to in paragraph (1) other than building, may also be performed in descending parts during the benefit, which is calculated by applying the depreciation rate over the remaining value book, and at the end of the lifetime value benefits the rest of the books are disclosing at once, with the condition being done in a observable mind of asas.
.,, (3) The depreciation begins on the month of his expense, except for the treasures still in the process of working, the penetration begins on the month of completion of the treasure work.
.,, (4) With the approval of the Director General of Tax, Wajib Taxes do depreciation starting on the month the treasure is used to obtain, collect, and maintain income or on the month the estate is concerned. generate.
., (5) If the Tax Wajib is re-assessment based on the provisions as referred to in Article 19, then the basis of the depreciation of the property is the value after the reappraisal of the activeans.
.,, (6) To calculate depreciation, benefit times and the intangible property depreciation rates are set as follows:
.,,
 + ----------------------------------------------------------------- + 
| Treasure Group | Times of Benefit | Tarif Shrinkage | 
| Exist | | as of | 
| | | referred to in | + ----------------------------------------------------- + 
| | Verse (1) | Verse (2) | + ------------------------------------------------- + | I.  Not a building | | | | | 
| Group 1 | 4 years | 25% | 50% | 
| Group 2 | 8 years | 12.5% | 25% | 
| Group 3 | 16 years | 6.25% | 12.5% | 
| Group 4 | 20 years | 5% | 10% | 
| | | | | |  Building | | | | 
| Permanent | 20 years | 5% | | 
| Not Permanent | 10 years | 10% | | + ----------------------------------------------------------+ 
.,, (7) deviating from the provisions as set forth in paragraph (1), the provisions of the depreciation of tangible property owned and used in certain endeavour, are set forth by the decision of the Minister of Finance.
(8) In the event of a diversion or a withdrawal, as referred to in Article 4 of the paragraph (1) of the letter d or the withdrawal of the treasure due to another, then the sum of the remaining value of the treasure book is charged as a loss and the number of selling prices or The replacement of the insurance that was received or obtained was made up of the year for the withdrawal of the treasure.
.,, (9) If the results of the reimbursed insurance change are new to a certain later, then with the Director General's approval the amount of the amount of loss as intended on the paragraph (8) is set up as a Such a load of time.
(10) In the event of a transfer of property which is eligible, as set forth in Article 4 of the letter a and letter b, which is a tangible property, then the sum of the remaining value of the treasure book shall not be charged as a loss to the party. Redirecting.
.,, (11) The tangible property group in accordance with the terms of benefit as referred to in paragraph (6) is set with the Decree of the Minister of Finance. "

., 8. The provisions of Section 11A paragraph (1), paragraph (3), paragraph (5), paragraph (6), and paragraph (7) are changed, so that the entirety of Article 11A reads as follows:
.,,
" Article 11 A
.,, (1) Amortization of expenses to acquire tangible property and other expenses including the extension of property rights for building, business rights, and use rights that have more than 1 (one) years of benefit used for obtain, collect, and maintain income, be performed in the same portions or in the declining portions during the benefit, which is calculated by applying amortized rates for such expenses or for the remainder of the date. book, and at the end of the lifetime of diamortisation benefits at once, with the condition done in Abidly obedient.
.,, (2) To calculate amortization, amortization benefits and amortization rates are set as follows:
.,,
 + --------------------------------------------------------------------------------------------- + 
| Group | Terms of Use | Tarif Amortization | 
| Treasures not | | by method | 
| Tangible | | | + ----------------------------------------------------------------- + 
| | The Line | Saldo | 
| | Straight | Decrease | + ------------------------------------------------- + 
Group 1.  | 4 years | 25% | 50% | 
Group 2.  | 8 years | 12.5% | 25% | 
| Group 3.  | 16 years | 6.25% | 12.5% | 
Group 4.  | 20 years | 5% | 10% | + ------------------------------------------------------------- + 
., (3) Spend on the cost of establishing and the cost of enlarging the capital a company is charged in the year of expenditure or diamortisation in accordance with the provisions as referred to in paragraph (2).
.,, (4) Amortization of expenditure to obtain other rights and expenses that have a lifetime of more than 1 (one) year in the field of oil and gas mining done by using the method of unit production.
(5) (5) Amortization of the expenditure to obtain mining rights other than the one referred to in verse (4), the rights of the forest company, and the right of the company of natural resources and other natural results that have a lifetime of more than 1 (one) year, are done by using the method of production unit as high as 20% (twenty percent) a year.
., (6) Expenses performed prior to commercial operations that have a benefit of more than 1 (one) years, capitalized and then diamortisation in accordance with the provisions as referred to in paragraph (2).
., (7) In the event of a transfer of intangible property or rights as referred to in paragraph (1), paragraph (4), and paragraph (5), then the value of the remainder of the treasure book or those rights is charged as a loss and the amount accepted as a replacement. It is the year of the year of the diversion.
(8) In the event of a transfer of property which is eligible, as set forth in Article 4 of the letter a and letter b, which is an intangible property, then the sum of the remaining value of the book shall not be charged as a loss to the party. It's distracting. "

., 9. The provisions of Section 14 paragraph (1), paragraph (2), paragraph (3), paragraph (4), and paragraph (5) are changed, and the paragraph (6) is removed, so that the entirety of Article 14 reads as follows:
.,,
" Section 14
.,, (1) The norm of Neto Income calculation to determine neto income, is made and refined constantly as well as published by the Director General of Tax.
.,, (2) The taxpayer of a private person whose collapse is in one year less than Rp600.000.00 (six hundred million rupiah), may calculate the earnings of neto using the Neto Calculation Income Norm as referred to in paragraph (1), with the condition of notifying the Director General of Tax within the first three months of the tax year in question.
.,, (3) Taxpayer as referred to in paragraph (2) that calcus its net income by using the Neto Income Calculation Norm, is required to host records as set forth in the General Terms and Conditions Act. Way Of Taxation.
., (4) The Tax Wajib as referred to in paragraph (2) who does not inform the Director General of the Tax to calculate the earnings of neto by using Neto's Norma Calculation Of Income, is considered choosing to host the bookkeeping.
., (5) Taxes that are required to host books, including Taxpayer as referred to in paragraph (3) and paragraph (4), which may not or may not fully host records or bookkeeping or do not exhibit record Or the ledger or evidence of his supporters, then his net income is calculated based on the Neto's Income Calculation or other means established by the Minister of Finance's Decision.
(6) removed.
., (7) The gross of gross circulation as referred to in paragraph (2) can be amended by the Decree of the Minister of Finance. "

., 10. The provisions of Section 17 paragraph (1), paragraph (2), paragraph (3), paragraph (4), paragraph (6), paragraph (6), and paragraph (7) are changed, so that the entirety of Article 17 reads as follows:
.,,
" Article 17
(1) The tax tarif applied to the Income Tax (s) for the Cloud Service:
., a., a. The mandatory domestic private person ' s Tax is as follows:
.,
The income layer is taxable Tax rates
-up to Rp 25,000.000.00 (twenty-five million rupiah) 5% (five percent)
-above Rp 25,000.000.00 (twenty-five million rupiah) s/d Rp 50,000.000.00 (fifty million rupiah) 10% (ten percent)
-above Rp 50,000.000.00 (fifty million rupiah) s.d. Rp 100.000.000.00,-(one hundred million rupiah) 15% (fifteen percent)
-above Rp 100.000.00 (one hundred million rupiah) s.d. Rp 200,000.000.00,-(two hundred million rupiah) 25% (twenty-five percent)
-above Rp 200,000.00 (two hundred million rupiah) 35% (thirty-five percent)

B. Mandatory internal body taxes and fixed-form forms are as follows:
.,
The income layer is taxable Tax rates
-up to Rp 50.000.000.00 (fifty million rupiah) 10% (ten percent)
-above Rp 50,000.000.00 (fifty million rupiah) s.d. Rp 100.000.000.00,-(one hundred million rupiah) 15% (fifteen percent)
-above Rp 100,000.000.00 (hundred million rupiah) 30% (thirty percent)
.,, (2) With Government Regulation, the highest tariff as referred to in paragraph (1) the letter b may be lowered into a low-deposit of 25% (twenty-five percent).
., (3) The amount of the Taxpayer Income layer as referred to in paragraph (1) may be amended by the Decree of the Minister of Finance.
.,, (4) For the purposes of applying the tax rate as referred to in paragraph (1), the amount of Taxable Income is rounded down in the full thousands of rupiah.
., (5) The amount of tax owed to the Taxpayer of the taxpayer in a country of tax debt in the portion of the tax year as referred to in Article 16 of the paragraph (4) is calculated as much as the number of days in the portion of the tax year it is divided by 360 (three) Hundred sixty) multiplied by tax owed for 1 (one) tax year.
.,, (6) For the purpose of the tax calculation as referred to in paragraph (5), each full month is calculated by 30 (thirty) days.
.,, (7) With the Government Regulation may be specified in its own tax rate on the income as referred to in Article 4 of the paragraph (2), along not exceeding the highest tax rate as such in paragraph (1). "

., 11. The provisions of Section 18 paragraph (2) and paragraph (4) are changed, paragraph (5) is removed, and between verses (3) and paragraph (4) is inserted a new paragraph (3a), so that the entirety of Article 18 reads as follows:
.,,
" Article 18
.,, (1) the Finance Minister is authorized to issue a decision on the magnitude of the comparison between the debt and the company capital for the purposes of a tax calculation under this Act.
.,, (2) the Finance Minister is authorized to set out the current dividend by Wajib Tax in the country over the inclusion of capital on overseas ventures other than the business entity that sells its shares in the securities exchange, provided the following:
.,
., a., a. The size of the domestic tax capital is at least 50% (fifty percent) of the sum of the shares that are paid; or
., b. Together with the other domestic tax Wajib had the lowest capital inclusion of 50% (fifty percent) of the amount of shares that were committed.
.,, (3) The Director General of Tax is authorized to redefine the magnitude of the income and reduction as well as determining the debt as capital to calculate the magnitude of the Income Tax for the Tax Taxpayer that has a special relationship with Wajib Other taxes correspond to the rucness and the behavior of an effort that is not affected by the special relationship.
.,, (3a) The Director General of Tax is authorized to agreement with Wajib Tax and cooperate with other state tax authorities to determine the price of transactions between the parties that have a special relationship as referred to in the verse (4), which applies during a given period and supervise its implementation and reorganization after this particular period ends.
., (4) Special relations as referred to in paragraph (3) and paragraph (3a), Section 8 of the paragraph (4), Section 9 of the paragraph (1) the letter f, and Section 10 of the paragraph (1) are considered to exist if:
.,
., a., a. Taxpayers have direct or indirect capital inclusion of 25% (twenty-five percent) or more on the Other Tax Wajib, or the relationship between Wajib Tax and the lowest 25% (twenty-five percent) on the two Taxes. or more, as is the relationship between the two or more Tax Mandatory Service (s) or the last; or
., b. Taxpayers control the other Tax Mandatory Service, or two or more Taxes are under the same control as either direct or indirect; or
., c. there is a family connection either as blood as well as temporary in a straight line of descent and/or to a degree.
(5) removed. "

., 12. The terms of section 21 paragraph (1), paragraph (2), paragraph (3), paragraph (4), paragraph (5), and paragraph (8) are changed, and paragraph (6) and paragraph (7) are deleted, so that the entirety of Article 21 reads as follows:
.,,
" Section 21
., (1) Cutting, discard, and tax reporting on income with respect to employment, services, or activities by name and in any form received or obtained by the Tax Taxpayer of a person in the country, required to be performed by:
.,
., a., a. Employers paying salaries, wages, honorarium, alimony, and other payments in return for the work performed by employees or not employees;
., b. government goods that pay salaries, wages, honorarium, allowances, and other payments, in connection with work, services, or activities;
., c. pension funds or other bodies paying for retirement money and other payments by any name in retirement order;
., d. the body that pays an honorarium or other payment in return with respect to services including the power services of experts doing the free work;
., e. the organizer of the activities that make the payment in connection with the execution of an activity.
., (2) Not included as the required employers of cutting, dismembering, and tax reporting as referred to in paragraph (1) the letter a is the representative body of the foreign country and international organizations as it is in Article 3.
., (3) The income of a fixed or retired employee who is tax-deduced for each month is the gross income amount after being reduced by the cost of office or of a pension fee specified by the Decree of the Minister of Finance, the pension, And The Income Is Not Tax.
(), (4) The earnings of the daily, weekly, and other non-permanent employees which are tax-deduced are the amount of gross income after deductions are deduced that the amount of income not imposed by the magnitude is set by the Decree of the Minister. Finance.
.,, (5) The rate of deductions on the income as referred to in paragraph (1) is the tax rate as referred to in Article 17 unless otherwise specified by the Government Regulation.
(6) removed.
(7) removed.
.,, (8) Instructions on the implementation of cutbacks, undertakers, and tax reporting on income with respect to employment, services, or activities are governed by the Decision of Director General of Tax. "

., 13. The provisions of Section 23 paragraph (1) letter a, paragraph (2), and paragraph (4) are changed, so that the entirety of Article 23 reads as follows:
.,,
" Article 23
.,, (1) Of such income below by name and in any form paid or debted by the government body, the subject of domestic body Tax, the organizer of the activities, the form of a fixed effort, or the representative of an overseas company more to a country or a fixed, tax-cut by the party that is required to pay:
., a., a. by 15% (fifteen percent) of the top gross amount:
.,, 1) the dividends as referred to in Section 4 of the paragraph (1) of the g;
2) the interest, as referred to in Article 4 of the paragraph (1) letter f;
3) royalty;
.,, 4) gifts and awards other than those who have been deduced by the Income Tax as referred to in Article 21 of the paragraph (1) letter e;
., b. by 15% (fifteen percent) of the gross and final amount of interest in savings paid by the cooperative;
c. of 15% (fifteen percent) of neto upper income estimates:
.,, 1) other leases and income in connection with the use of the treasure;
.,, 2) rewards in respect to engineering services, management services, construction services, consulting services, and other services other than the services that the Income Tax has deduced as referred to in Article 21.
., (2) The value of neto ' s estimated earnings and other types of services as referred to in paragraph (1) the letter c is set with the Decision of Director General of Tax.
.,, (3) Private persons as Wajib Tax in the country may be appointed by the Director General of Tax to cut taxes as referred to in paragraph (1).
(4) The tax withholding as referred to in paragraph (1) is not performed over:
., a., a. Income paid or in debt to the bank;
., b. rent paid or in debt in connection with the rent in order with the right of an option;
c. dividends as referred to in Section 4 of the paragraph (3) letter f;
D. the bond interest as referred to in Article 4 of the paragraph (3) of the letter j;
e. The profit section as referred to in Section 4 of the paragraph (3) of the letter i;
f. the remainder of the cooperative effort paid by the cooperative to its members;
., g. Deposits that do not exceed the limits set by the Decree of the Minister of Finance paid by the cooperative to its members. "

., 14. The terms of Section 25 paragraph (1), paragraph (2), paragraph (4), and paragraph (7) are changed, paragraph (3) and paragraph (5) are removed, and plus 1 (one) new paragraph or paragraph (9), so that the entirety of Article 25 reads as follows:
.,,
" Section 25
., (1) The amount of tax installments in the year of running tax payable by Wajib Tax for each month is as large as the Income Tax owed according to the Annual Income Tax Notice Letter of tax years ago reduced by:
.,
., a., a. Income Tax is deduced as referred to in Article 21 and Section 23 as well as the income tax levied as referred to in Article 22; and
., b. The paid or debted income tax abroad may be credited as referred to as Article 24;
shared 12 (twelve) or the number of months in the tax year section.
., (2) The amount of tax installments payable alone by Wajib Tax for the months prior to the deadline of delivery of the Income Tax Annual Notice of Income Tax, equal to the magnitude of the tax installment for the last month of the tax year that Then.
(3) removed.
.,, (4) If in the year the tax year goes the tax decree for the tax year then, then the amount of tax installments are calculated back on the basis of such tax decree and apply starting the following month after the month. The issuer of tax decree.
(5) removed.
.,, (6) Director General Tax is authorized to set the bulk calculation of tax installments in years of tax running in certain matters, namely:
., a., a. Taxpayers are entitled to the compensation of the loss;
B. Mandatory Taxes earn an irregular income;
., c. Annual Income Tax notice of the year ago delivered after the specified time limit;
., d. Taxpayer is granted an extension of the term for the delivery of the Annual Income Tax Notification Letter;
., e. Mandatory Tax is on its own Annual Income Tax Notice Letter that results in a monthly installment greater than the monthly installment before the actual instalment;
f. Changes in the state of the business or activities of the Tax Mandatory.
.,, (7) The magnitude of the tax installment for the new Mandatory Tax, the bank, the State-Owed Business Agency, the Regional Proprietary Entity, and other certain Taxpayer Taxes including the Tax Taxpayer of a particular businessman are governed by the Decree of the Minister. Finance.
.,, (8) For Wajib Tax of the private person who goes abroad is required to pay taxes whose provisions are set up with Government Regulation. "
., (9) The taxes that have been paid themselves in the year running by Wajib Tax of a particular businessman are the tax repayment owed to the tax year in question, unless the Concerned Tax Wajib receives or obtaining other income that is not subject to the final Income Tax according to this Act. "

., 15. The provisions of Article 26 paragraph (1), paragraph (3), and paragraph (4) are amended, so that the entirety of Article 26 reads as follows:
.,,
" Article 26
.,, (1) Of such income below, by name and in any form, paid or in debt by the government entity, the domestic Tax Subject, the organizer of the activities, the form of a fixed effort, or the representative of an overseas company other to the foreign tax of Indonesia in addition to the form of a fixed effort in Indonesia, a tax cut of 20% (twenty percent) of the gross amount by the party to pay:
., a., a. Dividend;
., b. interest, including premium, diskonto, swap premiums and rewards in connection with the debt refund guarantee;
C. royalty, rent, and other income in connection with the use of the treasure;
D. rewards in connection with services, jobs, and activities;
e. gifts and awards;
f. retired and other regular payments.
., (2) For the income from the sale of goods in Indonesia, except those set out in Section 4 of the paragraph (2), which are accepted or acquired by the Foreign Income Tax in addition to the form of a fixed effort in Indonesia, and the insurance premium paid to the company Foreign insurance, a tax cut of 20% (twenty percent) of neto earnings estimates.
.,, (3) The implementation of the provisions as referred to in paragraph (2) is governed by the Decree of the Minister of Finance.
.,, (4) The income of taxable after minus taxes from a fixed form of business in Indonesia is taxed by 20% (twenty percent), unless such income is reimplanted in Indonesia whose provisions are further regulated by The decision of the Finance Minister.
.,, (5) Tax Cuts as referred to in paragraph (1), paragraph (2), and paragraph (4) is final, except:
.,
., a., a. the deductions on the income as referred to in Section 5 of the paragraph (1) letter b and the letter c;
., b. The cuts to the income received or obtained by the private or foreign agency changed the status of a domestic tax or a fixed form of effort.

., 16. The Article 31 A provision is amended, so that the entirety of Article 31 A reads as follows:
.,,
" Section 31A
.,, (1) To Wajib Tax that conducts capital cultivation in certain areas of business and or in certain areas may be given a tax facility in form:
.,
., a., a. Neto's highest income reduction is 30% (thirty percent) of the amount of planting done;
B. accelerated depreciation and amortization;
., c. compensates for longer losses but not more than 10 (ten) years; and
., d. The amount of income tax on the dividend is referred to in Article 26 of 10% (ten percent), unless the tariff according to the applicable taxation agreement sets lower.
.,, (2) The taxation facility as referred to in paragraph (1) is set with the Government Regulation. "

., 17. Between Section 31 and Section 32 of the new section, Section 31 B and Section 31 C, which are included in the BAB VII LAIN-OTHER provisions, which reads as follows:
.,,
" Section 31B
.,, (1) Taxpayer Debt Restructuring through a special entity formed by the Government may obtain a limited tax facility both in the term and the type of income Tax deduction. above debt:
., a., a. Debt exemption;
B. diversion of property to creditors for debt settlement;
c. Debt change becomes a capital inclusion.
.,, (2) The tax facility as referred to in paragraph (1) is set with Government Regulation.

Article 31C
.,, (1) The state acceptance of the Income Tax of the Personal person in the country and the Income Tax Section 21 which is cut by the employers is divided in exchange for 80% for the Central Government and 20% for the Local Government the premises of Wajib registered Tax.
.,, (2) The Regional Government acceptance division as referred to in paragraph (1) is further governed by the Government Regulation. "

18. Terms Section 32 amended so that it reads as follows:
.,,
" Article 32
The manner of tax imposition and sanctions related to the implementation of this Act is conducted in accordance with the Law Number 6 of 1983 on the General Terms and the Taxation Way as amended last by the Act. Number 16, 2000. "

., 19. Between Article 32 and Article 33 of the first one (one) section of Article 32 A which reads as follows:
.,,
" Article 32A
The government is authorized to make agreements with other state governments in order to avoid multiple tax avoidance and the prevention of tax repulsion. "

Section II
The Act may be called "The Third Change Act of the Income Tax Act of 1984."

Section III
This Act came into force on 1 January 2001.

In order for everyone to know it, order the invitational of this Act with its placement in the State Sheet of the Republic of Indonesia.

.,, Dislocated in Jakarta
on August 2, 2000
PRESIDENT OF THE REPUBLIC OF INDONESIA,

ABDURRAHMAN WAHID
Promulgated in Jakarta
on August 2, 2000
STATE SECRETARY OF THE REPUBLIC OF INDONESIA,

DJOHAN EFFENDI


ADDITIONAL
STATE SHEET RI

No. 3985 (Explanation Of 2000 State Sheet Number 127)

EXPLANATION
Above
CONSTITUTION OF THE REPUBLIC OF INDONESIA
Number 17 YEAR 2000
ABOUT
CHANGE IN LAW NUMBER 7 IN 1983
ABOUT INCOME TAX

UMUM
., l. The Governing Law of the Income Tax, which is effective from 1 January 1984, is Law No. 7 of 1983 on Income Taxes as amended last under the Law No. 10 of 1994. This income tax law is based on the Pancasila philosophy and the Basic Law of 1945, which in it is a provision that upholds the rights of citizens and places the obligation of taxation as a state obligation and is the subject of the law. the means of roles as well as the people in state financing and national development.

., 2. With economic social development as a result of national development and globalization and reforms in various fields, and after evaluating the development of taxation legislation over the past five years, in particular The Income Tax Act, it is said to be necessary to change the legislation to improve its function and role in order to support national development policies in particular in the field of economics.

., 3. The change in the Law of Income Tax is meant to stick to the universal principles of taxation, administration of justice, the ease/efficiency of the administration and productivity of state acceptance, and maintain the self-governing system. Assessment. Therefore, the direction and purpose of the refinement of this Income Tax Act is as follows:
., a., a. Further enhance the fairness of the tax imposition;
B. More or more of the following are the following: ., c. It supports the policy of the government in order to increase direct investment in Indonesia both foreign investment and domestic capital cultivation in certain areas of business and certain areas of priority.

., 4. Under the direction and purpose of the consummation, the Act of No. 7 Act 1983 on Income Tax as amended last under the Law No. 10 of 1994, includes the points as a Here:
.,
., a., a. In order to increase the fairness of tax imposition then the expansion of subjects and objects in certain matters and the limitation of exclusion or exemption of taxes in other matters. The applicable tax rate structures also need to be changed and distinguished for the Personal Tax of the Persons and for the Body Tax, to provide a more proportionate tax burden for each of the Tax Wajib groups, in addition to maintaining the level of the Tax Authority. power saing with neighboring countries in the ASEAN region.
., b. To further give the Compulsory Tax ease, the assessment seltf system is retained but with the application of applying that is continuously improved. The improvement is mainly on the system and the tax payment system in the year runs so as to not interfere with the liquidity of Wajib Tax that runs the effort. A taxpayer who runs a business or job is required to be encouraged to carry out the order of order and obedience, but to assist and build the Taxpayer Tax of the entrepreneurs with a certain amount of circulation, it is permitted to be used. use of neto income calculation norms on the terms of mandatory hosting of records.
., c. In order to encourage direct investment in Indonesia both foreign capital cultivation and domestic capital cultivation and in line with the ASEAN deal declared in Hanoi in 1999, rearranged the forms of Tax incentives The income that can be given.

SECTION BY SECTION

Section I

.,, Figure 1
.,, Section 2
.,, Verse (1)
.,, Tax Subject Replacement includes personal, undivided inheritance as one unity, body, and fixed form form.
Letter a
.,, a private person as Subject Tax may reside or reside in Indonesia or outside of Indonesia.
A legacy that has not been divided as a single entity is the Subject of a replacement Tax, replacing those who are entitled to the heir. The designation of a legacy that has not been divided as a replacement Tax Subject is intended to allow the imposition of the income tax on which the inheritance can be held.
Letter b
., as set out in the Law on General Terms and Taxation, the replacement of the Agency is a collection of people and or capital that is a good entity that performs and does not undertake an effort that includes Limited liability, co-op, other company, State or Regional Enterprises with name and in any form, firm, conglomerate, cooperative, pension fund, fellowship, association, foundation, same organization, agency, business form. Fixed and other body forms including recsadanas. Under this Act (see the following c), the form of the effort remains determined as a separate Tax Subject, separate from the body.
Therefore, even though the treatment of the tax is equal to the subject of the body's tax, for the imposition of the Income Tax, the form of the effort has its own existence and is not included in the body's sense.
State and Regional Enterprises are Tax Subjects regardless of their name and form, so that any particular unit of the Government body, e.g. institutions, bodies, and so on are owned by the Central Government and the Government. The area that runs the business or does activities to obtain an income is a Tax Subject.
Certain units of government bodies that meet the following criteria are not included as Tax Pjects, that is:
1) formed under applicable law;
2) financed with funds sourced from APBN or APBD;
.,, 3) the admission of such institutions is intended in the budget of the Central or Regional Government; and
4) Its bookkeeping is examined by the state functional surveillance apparatus.
As a Tax Subject, a well-held company in the form of a limited liability and other forms is included in the body's sense.
In the sense of the association including associations, unions, societies, or bonds of the parties of the same interests.
Letter c
., see the provisions in verse (5) and his explanation.
Verse (2)
.,, the Subject of Tax is distinguished between the domestic tax subject and the subject of foreign taxes. The subject of the domestic tax shall be the tax of the tax, and the income of the tax, and the subject of the tax, and the income of the tax, and the income of the tax, and the income of the tax. be accepted from the source of income in Indonesia or be obtained through a fixed form of effort in Indonesia.
In other words, Wajib Tax is a person or person who has fulfilled a subjective and objective obligation. In connection with the NPWP ownership, the Taxes of Private People who receive income under the Pcrime do not need to register themselves to acquire NPWP.
The important difference between the Internal Tax Wajib and the Foreign Tax Wajib is located in the fulfillment of its tax obligations, among other things:
., a., a. The taxpayer in the country is taxed on the income either received or obtained from Indonesia and from outside Indonesia, while the foreign tax of the country is taxed only on income from income sources. Indonesia.
., b. Domestic taxes are taxed based on neto's income at general fare, while the foreign tax rate is essentially based on gross income with commensurate tax rates.
., c. A mandatory domestic tax is required to deliver an Annual Notice of Notice as a means to establish a debt owed in a tax year, whereas a foreign tax is not required to deliver an Annual Notice of Notice, due to an obligation. The tax cuts are filled with final tax cuts.
For overseas taxes that run the business or conduct activities through a fixed form of business in Indonesia, the fulfillment of its tax obligations is equated with the fulfillment of the taxation obligations of Mandatory Tax in the country as set up. in this Act and the Law on the General Terms and the Taxation Way.
Verse (3)
.,, the letter a
., in principle the private person who becomes the Subject of Tax in the country is a private person who is housed in or is in Indonesia. In the sense that the people living in Indonesia are the ones who have the intention to take place in Indonesia. Whether or not someone has the intention to reside in Indonesia is weighed according to circumstances.
The presence of a private person in Indonesia is more than 183 (one hundred and eighty-three) days should not be consecutive, but determined by the number of days it is in Indonesia within 12 (twelve) months of its arrival. In Indonesia.
Letter b
.,, pretty clear
Letter c
.,, undivided inheritance that is left by the private as the subject of domestic tax is considered the subject of domestic tax in the sense of this Act following the heir status. As for the exercise of the fulfillment of its tax obligations, the inheritance supersede the obligations of the rightful heirs. If such a legacy has been divided, then its tax liability is switched to an heir.
The undivided legacy left by the private as the subject of overseas taxes that does not run the business or conduct activities through a fixed form of effort in Indonesia, is not considered a replacement Tax Subject. Because the tax imposition of the income received or a private person is meant to be attached to its object.
Verse (4)
.,, the letter a and the letter b
.,, the overseas Tax Subject is a person or body that is housed or housed outside Indonesia who can receive or earn income from Indonesia, either through or without going through a fixed form of effort. Persons who do not reside in Indonesia, but are in Indonesia less than 183 (one hundred and eighty-three) days within 12 (twelve) months, the person is the subject of an external tax.
If revenue is accepted or acquired through a fixed form of business, then against a person or entity is taxed through a fixed form of effort, and a person or entity remains an external tax subject. The country Thus the form of such a fixed effort replaces the person or body as the subject of a foreign tax in fulfilling its tax obligations in Indonesia.
In terms of such income being accepted or obtained without the form of a fixed effort, then the tax imposition is made directly to the Foreign Tax Subject.
Verse (5)
.,, a form of effort continues to contain the sense of a place of business, which is a facility that can be land and buildings including machines and equipment.
It is permanent and is used to operate or perform activities of non-living persons or unfounded bodies and are not located in Indonesia.
The sense of the form of effort continues to include persons or persons as agents whose position is not free to act for and on behalf of persons or persons who do not reside or are not located in Indonesia.
Non-permanent or unfounded persons in Indonesia cannot be considered to have a fixed form of business in Indonesia if a person or person is in the business of running a business or or a business entity. conducting activities in Indonesia using agents, brokers or intermediaries who have a free position, provided that an agent or intermediary is in fact acting completely in order to run his own company.
An insurance company established and established outside Indonesia is considered to have a fixed form in Indonesia if the insurance company accepts payment of insurance premiums in Indonesia or bears a risk in Indonesia. through employee, representative or agent in Indonesia. Taking the risk in Indonesia does not mean that the events that resulted in the risk took place in Indonesia. All that needs to be noticed is that the party is in residence, or position in Indonesia.
Verse (6)
.,, the Determination of a private person's residence or an important position place to establish which Tax Service Office has the jurisdiction of the income received or acquired by a person or body.
In essence, a person's residence or seat is determined according to the actual circumstances. Thus the determination of residence or place of office is based not only on considerations that are formal, but rather based on reality.
Some of the things that the Director General Tax needs to consider in determining a person's place or place of position among other domicile, the home address, the family's residence, the place to run the main business. or other things that need to be considered for the ease of implementation of tax liability.

Number 2
.,, Section 3
.,, the letter a and the letter b
., in accordance with international conduct, the representatives of foreign countries and the officials of the diplomatic representatives and consulates and other officials, are excluded as the Tax Subjects where they represent the country.
An exception as a Tax Subject for such officials does not apply if they obtain another income outside of office or they are Indonesian citizens.
As such, when a foreign official acquires another income in Indonesia outside of office, then. It includes a tax subject that can be taxed on any other income.
Letter c
.,, pretty clear
Letter d
.,, pretty clear

Figure 3
.,, Section 4
.,, Verse (1)
.,, the Act follows the principle of rejuvenation of income in a broad sense, namely that the tax is imposed upon any additional economic capability that is accepted or acquired by the Tax Taxes from which it is used. for consumption or add to the Wealth of the Tax Taxes.
The definition of income in this Act does not pay attention to the income of a particular source, but in addition to the economic capabilities. Additional economic capabilities that are accepted or acquired by Wajib Tax are the best measure of the ability of such Taxes to co-assume the cost of the government for routine and development activities.
Viewed from the addition of an additional economic capability to the Tax Wajib, the income can be grouped into:
.,-earning from work in working relationships and free work such as salary, honorarium, earning from the practice of doctors, notaries, actuaries, accountants, lawyers, and so on;
-earnings of effort and activities;
.,-income from capital, which is a treasure or non-motion estate such as interest, dividends, royalty, rent, property sale advantage or rights not used for business, etc.
., other income-other, such as debt exemption, gifts, etc.
For its use, the income can be used for consumption and can also be supported to increase the wealth of the Tax Mandatory Tax.
As the Act follows a broad income definition, all types of income received or obtained in a tax year are combined to obtain the basis of the tax imposition. Thus, if in a year of taxation of a business or activities suffered a loss, the loss is compensated by other income (horizontal compensation), with the exception of the losses suffered abroad. However, if any type of income is taxed at the final or excluded from the Tax Object, then the income should not be combined with any other income imposed by the general fare.
The income examples referred to in this provision are intended to clarify an understanding of the vast earnings that are not limited to the intended examples.
Letter a
.,, All payments or rewards in connection with the work, such as wages, salaries, life insurance premiums, health insurance paid by the employers, or the rewards in other forms are the Tax Objects.
In exchange for the reward in the form of a natura, the reward is earned.
Letter b
.,, in the sense of gifts including gifts from sweepstakes, jobs, and activities such as gift lottery prizes, gifts from sports games and other so forth.
The reward is the reward provided with respect to certain activities, such as the reward received with respect to the invention of the antiquities.
Letter c
.,, pretty clear
Letter d
., if the Tax Concurrent sells the property at a higher price than the value of the rest of the book or higher than the price or value of the acquisition, then the price difference is an advantage. In terms of the sale of the property between the business entity with its shareholders, the sale price used as the basis for the benefit calculation of such sales is the market price.
For example, PT S has a car used in its business activities with the value of the remainder of the book Rp40.000.00.
(forty million rupiah) The car is sold according to the market price of Rp60.000.000.00 (sixty million rupiah).
Thus the profits of PT S were acquired as the sale of the car was Rp20,000.000.00 (twenty million rupiah). If the car is sold to one of its shareholders for a price of Rp50,000.00 (fifty million rupiah), then the value of the car remains calculated based on the market price of Rp60.000.00 (sixty million rupiah).
The Rp20,000.000.00 (twenty million rupiah) difference is the benefit of the PT S, and for shareholders who purchase the car a margin of Rp10,000.000.00 (ten million rupiah) is an income.
If a body is liquidated, the benefit of the sale of the treasure, i.e. the difference between the selling price based on the market price to the value of the rest of the treasure book, is a Tax Object.
Likewise, the difference between market prices and the value of the rest of the books in terms of mergers, smelters, bloating, breaking, and takeover attempts are income.
In the event of a transfer of property as a substitute for the stock or inclusion of capital then the advantage is the difference between the market price of the property handed over by the value of his book is the income.
Profit is the difference between the price of the market with the value of the acquisition or the value of the remainder of the book for the transfer of a grant, assistance or donation is considered an income for the diverted party, unless the property is transferred to the other. a family of blood in a straight line of one degree, as well as a religious body or an educational body or a social body including a foundation or a small entrepreneur including the cooperative established by the Minister of Finance, as long as it has nothing to do with efforts, work, ownership or mastery between the parties.
Letter e
.,, the tax return which has been charged as a charge at the time of calculating the Income Tax, is a Tax Object.
As an example of the Earth Tax and the already paid and charged Buildings as a cost, which is due to a cause of return, the amount of return is an income.
Letter f
.,, in the sense of interest including premium, disconto and rewards in connection with the return guarantee of debt.
Premium occurs if for example a bond is sold above its nominal value while the disconto occurs if the bearer bonds are purchased under the nominal value.
The premium is an income for the issuing bonds and disconcertos are income for those buying bonds.
The letter g
.,, Dividen is a share of the profits that the shareholders or the insurance policy holders have or share the rest of the cooperative effort acquired by the cooperative members. Included in the dividend sense is:
.,, 1) the profit sharing of either directly or indirectly, by name and in any form;
.,, 2) repayment due to the liquidation of exceeding the amount of capital that is tuned;
.,, 3) awarding bonus stocks carried out without a deposit including the bonus stock coming from the capitalization of the stock agio;
4) profit sharing in the form of shares;
5) additional capital records performed without a deposit;
.,, 6) the amount that exceeds the amount of its shares received or acquired by the shareholders due to the repurchase of the shares by the company in question;
.,, 7) repayment entirely or part of the paid capital, if in the past years it benefits, unless the repayment is the result of a base capital (Commuting) reduction in the process. lawful;
.,, 8) the payment in connection with the profit signs, including those received as the repayment of those profits;
9) the profit portion in respect of the bond ownership;
10) the profit portion received by the policyholder;
11) share the remainder of the venture result to the cooperative member;
.,, 12) corporate expenses for the personal use of shareholders charged as the company ' s expense.
In practice there is often a veiled dividend payment or dividend payment, for example in the case of shareholders who have paid off their capital and give loans to the company in exchange for a flower that is more than a reasonable interest. In the event of this, the difference between the interest paid with the interest rate is applicable to the market, treated as a dividend. The interest section treated as such a dividend should not be charged as a cost by the perseroan concerned.
Letter h
.,, in essence the royalty rewards consist of three groups, i.e. the rewards in respect of use:
.,, 1) the rights of intangible property, e.g. the rights of the author, patent, trademark, formula, or company secret;
.,, 2) the rights to the tangible property, for example the rights of industrial, commercial, and science tools. Industrial, commercial and scientific tools are any equipment that has intellectual value, such as equipment used in several industries, such as drilling rig, and drilling rig, and technology. and so on;
., 3) information, i.e. undisclosed information in general, although it may not be patented, for example experience in the industry, or other areas of business. The hallmark of the information is that the information is available so that the owner will no longer need to do research to generate such information. Not included in the sense of information here is information provided by e.g. public accountants, jurists, or experts in accordance with the field of expertise, which can be provided by any person who has a discipline background. Same science.
Letter i
.,, in the sense of rent including rewards received or obtained by name and in any form in respect of the use of motion goods or non-motion treasures, e.g. car rental, office rent, house rent, and gundang rental.
The letter j
.,, Reception is a regular payment, for example "alimentation" or a lifetime allowance that is paid over and over again in a given time.
Letter k
.,, debt liberation by the receivable party is considered as an income for the party originally owed, whereas for parties the debt can be charged as a fee.
Nevertheless, with government regulations it can be established that the release of small debitur debt e.g. the Praprosperous Family Business Credit (Kukesra), Tani Business Credit (KUT), credit for housing is very simple, as well as small credit, others until a certain amount is excluded as a Tax Object.
Letter l
.,, the profits due to the difference in curs can result in the fluctuations of foreign currency kurs or the presence of government wisdom in the monetary field. For the advantages acquired due to fluctuations in foreign currency kurs, its tax imposition is associated with the bookkeeping system embraced by the Taxes of Taxes, with the condition being done by the observant principle.
Letter m
.,,, more due to the current assessment of activas as referred to in Article 19 is an income.
Letter n
., in the sense of insurance premiums including reasurance premiums.
Letter o
.,, pretty clear
The letter p
.,, the addition of neto wealth to its nature is an accumulation of good income that has been taxed and which is not a Tax Object as well as the untaxed ones.
If there is an additional wealth of neto that exceeds the accumulated income that is taxed and that is not a Tax Object, then the neto wealth addition is income.
Verse (2)
.,, in accordance with the provisions of the paragraph (1), the income of deposits of deposits and other savings, the income of stock transactions and other securities on the stock exchange, the income of the diversion of the property of land and/or building, as well as the Another particular income is a Tax Object. The public savings that is distributed through refiners and exchanges is a source of funds for the implementation of the development, so that the tax imposition of income derived from the public's savings needs to be treated in its own way. His tax imposition.
The underlying considerations given by their own treatment are the simplicity in the tax, justice and equities in the imposition of their taxes and regard to economic and monetary development.
Such considerations also underlie the need for self-treatment of tax imposition on the transfer of property of land and/or building, as well as other types of income types. It is therefore the imposition of the Income Tax including its nature, magnitude, and the manner of payment of payment, cutting, or voting on such income types is set in its own with government regulations.
Considering the ease in implementation of the imposition and not adding to the administrative burden of both the Taxes and the Directorate General of Taxes, the imposition of the Income Tax in this provision can be final.
Verse (3)
.,, the letter a
., Help or endowment for the receiving party is not a Tax Object to the extent accepted not in the framework of a working relationship, a relationship relationship, a relationship of ownership, or a relationship of control between the parties concerned. Zakat is accepted by the charity of the zakat or religious charity which is formed or authorized by the Government and the beneficiaries who are entitled to be treated the same as assistance or donations. The zakat is as set in Law Number 38 of 1999 on the Zakat Management.
The working relationship between the giving and receiving parties may occur, e.g. PT A as the manufacturer of a type of goods whose main material is primarily produced by PT B.
If PT B provides the donation of raw materials to PT A, then the raw material donation received by PT A is a Tax Object.
The property of a person who accepts is not a tax object when it is received by a family of blood in a straight line of one degree, and by a religious body or an educational body or a social body including a foundation or entrepreneur. It includes the cooperative established by the Minister of Finance, to the extent accepted not in the framework of working relationships, relationships, relationships, or relationships between the parties concerned.
Letter b
.,, pretty clear
Letter c
.,, in principle of wealth, including cash deposits, which are accepted by the body is an additional economic capability for the body. However, because the property is accepted as a replacement for the stock or inclusion of capital, then under this provision, the accepted property is not a Tax Object.
Letter d
.,, Replacement or reward in the form of natura or enjoyment with respect to work or services is an additional economic capability that is accepted not in the form of money. Replacement or reward in the form of natura such as rice, sugar and so on, and rewards in the form of enjoyment such as the use of cars, homes, treatment facilities and so on, are not a Tax Object.
In the event that a person or a person is not a person or a person or a person or a person or a person or a person or a person or a person or a person or a person or a person or a person or a person who is not a person or a person or a In exchange for the reward, the reward is for those who receive or receive (the reward). For example, a resident of Indonesia became an employee at a foreign diplomatic representative in Jakarta. The employee gains the pleasure of occupying the house rented by the diplomatic representative or other pleasures.
These pleasures are the income of the employee, as the diplomatic representation in question is not of the Tax Wajib.
Letter e
., Reimbursable or santunan received by a private person from an insurance company in connection with a health insurance policy, accident insurance, life insurance, dual-use insurance, and student duty insurance, rather than an Object of Tax. This is in accordance with the provisions of Article 9 of the d (1) letter of the d, i.e. that the insurance premiums paid by the Taxes of the Personal Person for their benefit should not be subtracted in the calculation of the Taxpayer Income.
Letter f
., under this provision, the dividends that funds are derived from profit after being reduced in taxes and received or acquired by a limited liability as a State Tax Liability, cooperatives, and State-owned Enterprises or Regional Owned Enterprises, of its inclusion in other enterprises established and established in Indonesia, with an inclusion of at least 25% (twenty-five percent), and the recipient of the dividend has earned the income of the real effort outside of income. which are derived from such inclusion, not including the Tax Object. The State-owned Enterprises and the Regional-owned Enterprises Agency in this verse are the company companies (Persero), government banks, regional development banks, and Pertamina.
It needs to be asserted that in terms of the recipient of a dividend or profit section is a Taxpayer other than those bodies above, such as private persons both in the country and abroad, firms, commanders, foundations, and similar organizations and As such, the income of the dividend or profit remains a tax object.
The letter g
.,, the Exception as a Tax Object under this provision only applies to pension funds whose stance has been obtained by the Minister of Finance. Exempt from the Tax Object is the accepted dues of the retired participants, either on the burden themselves or the ones borne by the employers. Essentially the dues received by the pension fund are the property of the retired participants, which will be paid back to them in time. The tax imposition of the dues means reducing the rights of the retired participants, and therefore the dues are exempt as the Tax Object.
Letter h
., as such in the letter g, the exemption as a Tax Object under this provision only applies to pension funds whose stance has been obtained by the finance minister. Exempt from the Tax Object in this regard is the income of the capital instilled in certain fields under the Decree of the Minister of Finance. Capital cultivation by pension funds is intended for development and is a fund for repayment to retirees later in the day, so that the cultivation of such capital needs to be directed at areas that are not speculative or otherwise. It's high risk. Therefore, the determination of certain fields is referred to by the Decree of the Minister of Finance.
Letter i
., for the benefit of tax imposition, the bodies as are referred to in these provisions which are the sets of its members are taxed as one entity, that is at the level of the body.
Therefore, the share of the profits received by those limbs is no longer a Tax Object.
The letter j
.,, the Resadana Company is a company whose business activities are investing, reinvestment, or selling securities.
For financiers in particular small financiers, the recsadana company is one of the safe options to instill its capital.
In order to encourage the growth of the company, the bonds received by the Resadana company are excluded as the Tax Objects during the first five years since the company has been established or since by the permission of the company. efforts.
Letter k
.,, the venture capital firm is a company whose efforts efforts to finance the enterprise (as a partner) in the form of capital inclusion for a given period of time.
Under this provision, the revenue portion received or obtained from a business partner's company does not include a Tax Object, with the condition that the company's partner enterprise is a small, medium, or running company. attempt or conduct activities in certain sectors set by the Finance Minister, and the shares of the company are not traded on the securities exchanges in Indonesia.
If a partner venture capital of a venture capital meets the terms as referred to in paragraph (3) the letter f, then the dividend received or acquired by a venture capital firm is not a Tax Object.
In order for the activities of venture capital firms to be directed to sectors of economic activity that have gained priority to be developed, for example, to increase exports of nonmigas, then businesses or activities of the company's partners. Orchestrated by the Finance Minister. Considering venture capital firms are alternative financing in the form of capital inclusion, the inclusion of capital firms will be directed by venture capital firms to companies that do not have access to the stock exchange.

Figure 4
.,, Section 6
.,, Verse (1)
(A), a single (1) year, of which the Cloud Service can be used, is not a single person or a third party, or a third party, or a third party. A load that has a lifetime of no more than 1 (one) year is the cost of the year in question, e.g. salary, administrative costs and interest, the routine cost of sewage treatment and so on. While spending has a benefit of more than 1 (one) year, the charge is done through depreciation or through amortization. And if you are in a tax year, then you will be able to share it with a price.
Letter a
.,, the charges referred to in this paragraph are commonly called the daily expenses that may be charged in the expenditure year. To be charged as a fee, such expenses must have a direct connection to the effort or activities to obtain, collect, and maintain income that is a Tax Object. Thus the expenses for obtaining, invoking, and maintaining income which is not a Tax Object, should not be charged as a fee.
Example:
The Pension Fund whose stance has been granted the authorization of the Finance Minister obtained a gross income consisting of:
 a.  An income that is not a tax object is in accordance with Article 4 of the paragraph (3) of the letter g of Rp 100.000.00 b.  Other gross income of Rp 300,000.00 ----------------- gross income amount of Rp 400,000.00
                                                    == == == == == == == == == == == == = 
If the entire cost is Rp200,000.00, then the cost to be deducable, billing and maintaining the income is 3/4 x Rp200.000.00 = Rp150.000.00.
Similarly, interest on loans used to purchase shares cannot be charged as the cost of the course of the dividend is the object of the tax object as referred to in Article 4 of the paragraph (3) of the letter f. The loan unpayable interest may be capitalized as a price add-up.
Expenses that have nothing to do with the effort to obtain, collect, and maintain income, for example, expenses for the personal use of shareholders, interest payments on loans used for the purpose of the use of the Cloud Service. Borrower personal needs as well as payment of insurance premiums for personal interest, should not be charged as a fee.
The payment of the insurance premium by the employers for the benefit of its employees may be charged as a corporate fee, but for the employees concerned the premiums are income.
Expenses related to the work may be deduted from gross income must be made in the form of money. Expenses made in the form of natura or enjoyment, such as the facilities occupy the house with free-only, should not be charged as a fee, and for parties to receive or enjoy instead of income. However, the expenses in the form of a particular natura or enjoyment as set out in Article 9 of the paragraph (1) letter e, may be charged as a fee and for the parties to receive or enjoy not an income.
The deductable expenditure of gross income must be made within reasonable limits according to the customary good merchant habit.
Thus, if the expenditure beyond the limits is affected by the preferable relationship, then the amount beyond that threshold must not be deduted from the gross income.
Further notice of the provisions in Article 9 of the paragraph (1), the letter f and Article 18 and its explanation.
Taxes that are the burden of the company in order for its efforts in addition to the Income Tax, such as the Earth Tax and Building (UN), the Bea Meterai (BM), the Hotel Taxes and Restaurant, can be charged as a fee.
Regarding the expenses for the promotion, the need to be distinguished between the costs that are actually issued for promotion at a cost that are in the nature of a donation. The cost of the promotion is to be deduted from gross income.
Letter b
.,, the Spend (s) for the purpose of acquiring the Cloud Service, as well as other expenses, as well as other expenses, which have more than 1 (one) years of benefit, the charge is done through depreciation or amortization.
Further notice of the provisions of Article 9 of the paragraph (2), Article 11 and Article 11A and its explanation.
Expenses that by their nature are payment in advance, e.g. rent for a few years paid at once, the charge can be done through allocation.
Letter c
., Iuran to the pension fund whose foundation has been passed by the Minister of Finance may be charged as a fee, whereas the dues paid to the pension fund whose stance is not or have not been authorized by the Minister of Finance should not be is charged as a fee.
Letter d
.,, the loss due to the sale or transfer of the property that its intended purpose is not intended to be sold or diverted which is owned and used within the company or owned to obtain, collect and maintain income. can be deductable from gross income.
Losses due to the sale or transfer of property owned but not used in a company, or owned but not used to obtain, collect and maintain income, should not be deductored from gross income.
Letter e
.,, the loss due to the difference in the foreign currency curs can be due to the presence of fluctuations of the date occurring daily, or by the presence of Government wisdom in the monetary field. The loss of the foreign currency curs caused by the curs fluctuation, the charge is based on the system of books being embraced, and must be done in accordance with the principles of the system. If the taxpayer uses a system of books based on fixed curs (historical rate), the burden of the loss of a curs is performed at the time of the realization of the foreign currency's estimate. If the taxpayer uses a bookkeeping system based on the middle seat of the Bank of Indonesia or the actual date is in effect at the end of the year the charge is performed at each end of the year based on the central seat of the Bank of Indonesia or the actual kurs. applies at the end of the year.
The loss of curs due to the government's monetary discretion is set in temporary estimates on the balance sheet and the charge is gradual based on the realization of the foreign currency.
Letter f
.,, the research and development costs of companies carried out in Indonesia in a reasonable amount to find new technologies or systems for the development of the company may be charged as a corporate cost.
The letter g
.,, Charges incurred for the purposes of a scholarship, internship and training in order to improve the quality of human resources can be charged as a corporate cost, with regard to the company ' s rucness and interests.
Letter h
.,, a real, non-billable loan can be charged as a charge along Wajib Tax has recognized it as a fee in the commercial profit report and has performed the maximum or final billing efforts.
Publishing is not only a national periodical, but it may also be an internal publication of the association and the like.
Order the manner of implementation of the requirements specified in paragraph (1) of this letter h is further governed by the Director General of the Tax.
Verse (2)
., if the expenses are provided under the terms of the paragraph (1) after the amount of gross income is obtained, then the loss is compensated by the net income of neto or fiscal profit for 5 (5) years It has been in a row since the following year after the year of its loss.
Example:
The PT A in 1995 suffered a fiscal loss of Rp1,200,000.000.00. In 5 (5) the following year the fiscal profit loss PT A as follows:
1996: fiscal profit Rp200.000.00
1997: fiscal loss (Rp300.000.000.00)
1998: fiscal profit Rp NIHIL
1999: fiscal profit Rp100.000.00
2000: The fiscal profit Rp800.000.000.00
 Compensation compensation is done as follows: 

damages fiscal 1995 (Rp 1,200,000.00) fiscal Laba 1996 Rp 200,000.00 ------------------------------------------------------------- (+) The fiscal loss of 1995 (Rp 1,000.000.00) Rugi fiscal 1997 (Rp 300,000.00) fiscal year 1995 (Rp 1,000.000.00) fiscal year 1998 Rp NIHIL --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ( (Rp 1,000.000.00) fiscal Laba 1999 Rp 100,000.00 -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 800,000.00 ----------------------------- (+) fiscal loss of 1995 (Rp 100.000.00)
A 1995 fiscal loss of Rp100.000.00, which was left in late 2000, was not allowed to be compensated with fiscal 2001, while the 1997 fiscal loss of Rp300,000.00 was only allowed to be compensated. fiscal 2001 and 2002, since the 5-year term that began in 1998 ended in late 2002.
Verse (3)
.,, in calculating the taxpayer ' s Taxpayer Taxpayer in the country, to him is granted a reduction in the form of Income Not Taxable (Pcrime) based on the provisions as referred to in Article 7.

Number 5
.,, Section 7
.,, Verse (1)
., in order to calculate the magnitude of the taxable income from the tax of private persons within the country, the income of the net is reduced by the amount of income not taxable. On the side to her, to the married Wajib Taxes is given the addition of the Tax No Tax.
For the taxpayer that his wife receives or earns the income combined with his income, then the taxpayer gets an extra-tax income for a wife of Rp2,880.000.00 (two million and eight hundred million). eight thousand rupiah).
It is a tax that has a family of blood and blood, and in a straight line of blood, for example, the parents, the father-in-law, the children, the children, the children, the children, the children, the children, the children, the children, the children, the children, the children of the many 3 (three) people. In question, the family members who are fully dependants are family members who have no income and all costs of life are borne by the Tax Wajib.
Example:
A man with a wife of four (four) children is required. And if the wife of the third part of the life of the house of law shall not be in the hands of the husband or of the other, then the money shall not be in the hand of the tax. given to Wajib Tax A is a Rp8.640.000.00 {Rp2.880.000.00 + Rp1.440.000.00 + (3 x Rp1.440.000.00)}. While for his wife, at the time of the Income Tax Cut Section 21 by the employers, the Income Is Not In Tax. It's Rp2,880.000.00. If the income of the wife is to be combined with the income of the husband, then the amount of income from the taxpayer given to Wajib Tax A is Rp11.520.000.00 (Rp8.640.000.00 + Rp2.880.000.00).
Verse (2)
.,, the calculation of the magnitude of the Income Taxless as referred to in paragraph (1) is determined according to the state of Mandatory Tax at the beginning of the tax year or at the beginning of the tax year.
For example, on January 1, 2001, Wajib Tax B was married to a child's 1 (one) dependents. If the second child was born after 1 January 2001, then the magnitude of the Income Income Tax granted to Wajib Tax B for the 2001 tax year remains calculated based on the mating status with 1 (one) child.
Verse (3)
., under this provision the Minister of Finance is authorized to change the magnitude of the Income Income as referred to in paragraph (1) by considering economic and monetary development as well as the development of the price of need staple each year.

Figure 6
.,, Section 9
.,, Verse (1)
.,, the expenditures that Wajib Tax do can be distinguished between the spending that may and which should not be charged as a fee.
In principle, the cost of gross income is the cost of having a direct relationship with an effort or an activity to obtain, collect, and maintain a revenue that is a tax object that is debriefing. done in the year of spend or during the benefit of such expenses.
Expenses that are not to be subtracted from gross income include spending that is the use of income, or the amount of which is more than a reasonable amount.
Letter a
.,, profit sharing with name and in any form, including dividend payments to capital owners, share the remaining cooperative effort to its members, and payment of dividends by insurance companies to policyholders, should not Subtract from the income of the body which shares it because of the profit sharing is part of the income of that body to be taxed under this Act.
Letter b
.,, cannot be deductable from the company ' s gross income is a fee incurred or charged by the company for the vested interests of shareholders, allies or members, such as private home repairs, travel expenses, the cost of insurance premiums paid by the company for the personal interest of the shareholders or his family.
Letter c
.,, the Establishment or the buildup of reserve funds in principle cannot be charged as a fee in calculating the Income Tax. However, for a particular type of effort that is economically necessary to close the burden or loss of the future, which is limited to unpaid accounts for bank and lease efforts in order to be entitled to the rights of the right to the bank. option, backup for insurance efforts, and a backup of reclamation fees for mining efforts, then the company in question may conduct the establishment of a reserve fund that provisions and its terms are set by the Minister of Finance.
Letter d
., Premi for health insurance, accident insurance, life insurance, bi-use insurance, and a self-paid student duty insurance by a private person's tax should not be deducable from gross income, and at a time when people are private intended to receive a replacement or an insurance santunan, the receipt is not a Tax Object.
If such insurance premiums are paid or incurred by the employers, then for the employers the payment may be charged and for the employees concerned is the income that is a Tax Object.
Letter e
., as described in the description of Section 4 of the letter d, the replacement or reward in the form of the natura and the enjoyment is not considered an Object of Tax. In accordance with the terms of this Service, the terms and conditions of this Service are subject to the terms of this Service and the terms of the IBM International Terms of Service ("IBM") However, in order to support the wisdom of the government to encourage development in certain areas of remote areas, under the decision of the Minister of Finance, replacement or reward in the form of natura or enjoyment given in respect of the government of the country. with the execution of jobs in the area, it may be deducable from the gross income of the employers.
In the event of a gift to an employee who is a must in the work of work, such as clothing and equipment for the safety of work, uniform clothing, delivery of employees, the provision of food and drink and lodging for the crew. ship, and the like, it is not a reward but may be charged as a fee for the employers.
Letter f
.,, in the relationship of employment, there may be payment of reward payments given to the employee who is also a shareholder. Because of the expense of the expense, the amount of income that is reasonable is the amount that is reasonable in accordance with the conduct of the business, and the amount that is in the amount of income. exceeds that such power should not be charged as a fee.
For example, an expert who is a shareholder of a body, grants the body a reward with a reward of Rp5,000.00 (five thousand rupiah). If for the same services given by another equivalent force only paid Rp2,000.000.00 (two million rupiah), then the amount of Rp3,000.00 (three million rupiah) should not be charged as a fee. For such an expert power, the amount of Rp3.000.00 (three million rupiah) is considered to be a dividend.
The letter g
(Some with the provision of grants, gifts, and gifts), as referred to in Article 4 (3) of the letter a and letter b, which may not be deductable from the income of the tax, the zakat of the income may be deduted from the Income Is Income Tax.
In the case of the law, the tax of the people of the people who are in the land of the charity, or in the case of the tax, are in the case of the tax, or of the people who are in the land, or in the land that is in the land of the people. Amil Institutions of zakat, established or authorized by the Government as provided in Uandrepository Number 38 Year 1999 on Zakat Management, and throughout regard to the income that the Tax Object can be deductable in counting The amount of tax revenue in the zakat is paid for the zakat.
Letter h
.,, Which is intended with the Income Tax in this provision is the Income Tax owed by Wajib Tax in question.
Letter i
.,, charges for the personal use of the Tax Wajib or the person who is a liability, in its nature is the use of income by the Tax Wajib in question. Therefore, that costs should not be deduted from the company's gross income.
The letter j
.,, firm members, fellowship and commander-in-command whose capital is not divided over the stock is treated as one unitary, so there is no reward as salary. Thus the salary received by a member of an alliance, the firm, or a commanding officer whose capital is not split over the stock, is not the payment to be deductable from the gross income of the body.
Letter k
.,, pretty clear
Verse (2)
., in accordance with the conduct of business, spending on the role of income for a few years, the discharges are performed according to the amount of years that the expenditure has been made to the income. In line with the principle of alignment between spending with income, in this provision the expenditure to obtain, collect, and maintain income that has a benefit of more than 1 (one) year cannot be subtracted as a cost company at once in the expenditure year, but rather charged through depreciation and amortization during its benefits as set out in Section 11 and Section 11A.

Figure 7
.,, Section 11
.,, Verse (1) and verse (2)
.,, Spend on any tangible property that has more than 1 (one) years of benefit must be charged for obtaining, invoking, and maintaining income by allocating such expenses for a period of time. the benefits of such treasures through depreciation.
Expenses to obtain property rights, including land rights for building, business rights and use rights that are first to be disbursed, unless the land is used within the company or It is owned to earn income on the condition that the value of the land is reduced due to its use for income, such as land used for tile companies, ceramic companies, or brick companies.
It is He Who has the right to use the land and the right to use it for the purpose of the building, the right to take on the land, and the right to use it, and the right to use it, and the right to use it, and the right to use it. Those rights from the agency are authorized for the first time. While the cost of extension of the building's right to the building, the right to effort and the right to wear is diamortisated during the term of such rights.
The allowed method of depreciation based on this provision is:
., a., a. in the same parts large during the benefit period specified for the property (straight line method or straight-line method), or
., b. in the declining parts by applying the depreciation rate over the value of the remainder of the book (the declining balance method).
The use of depreciation methods for property must be done by obeying the asas.
For the property of the building can only be disbursed with a straight line method. Tangible property in addition to buildings can be disbursed by straight line methods or decreased balance methods. In the event Wajib Tax chooses to use the declining balance method, the value of the rest of the book at the end of the benefit period must be disbursed at once.
In accordance with the bookkeeping of the Taxes, the same small tools (small tools) or similar types may be disbursed in a single group.
Examples of use of straight line methods:
A building whose price is Rp100.000.00 and its benefit 20 (twenty) years, its penetration every year is Rp5,000.000.00 (Rp100.000.000.00:
20) Examples of usage of the balance method decrease:
A machine was purchased and placed in January 2000 for a price of Rp150.000.00. The value of the machine is four (four) years. If the depreciation rate for example is set 50% (fifty percent), then the calculation is as follows:
 + -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 + --------------------------------------------------------------------- + Price Acquisition 150.000.00 2000 50% 75.000.00 75.000.00 2001 50% 37.500.000.00 2002 50% 18.750.000.00 18.750.000.00
 
2003 Dissequenced 18.750,000,00 0 at once 
Verse (3) and verse (4)
.,, depreciation starts on the month of his expense, or on the month the completion of the work of a treasure so that the depreciation in the first year is calculated pro-rated.
However, under the approval of the Director General of Tax, when the start of depreciation can be done on the month the treasure is used to obtain, collect and maintain income or on the month the treasure is starting to produce.
What is meant to begin to produce in this provision is associated with the start of production and is not associated with the time received or by earning it.
Example 1.
The expenditure for building a building is as large as Rp100.000.000.00. Construction began in October 2000 and was completed for use in March 2001.
The depreciation at the cost of building the building began in the 2001 tax year.
Example 2.
A machine bought and placed in July 2000 for an acquisition price of Rp100.000.00. The value of the machine is four (four) years. If the depreciation rate for example is set 50% (fifty percent), then the calculation is as follows:
 + -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 + ----------------------------------------------------------------------------- + Price Acquisition 100.000.00 2000 1/2 X 50% 25.000.00 75.000.00 2001 50% 37.500.000.00 2002 50% 18.750.000.00 18.750.000.00
 
2003 50% 9.375,000.00 2004 Disussed 9,375,000.00 0 at once 
Example 3.
PT X that moved in the field of plantation bought the tractor in 1999. The plantations began to produce (harvest) in 2000. With the approval of Director General Tax, the tractor shrinkage can be done starting in 2000.
Verse (5)
.,, pretty clear
Verse (6)
., in order to provide legal certainty for the Tax Wajib in doing depreciation over tangible property expenditure, this provision governs the lifetime group of treasure and depreciation rates according to the straight line method as well as the declining balance.
The intended building is not permanent a temporary building and is made of non-durable material or a building that can be transferred, which is no more than 10 years old. For example, barracks or dormitory are made of wood for employees.
Verse (7)
.,, in order to conform to the characteristics of certain areas of effort, such as oil and petroleum mining, hardcrop plantations, need to be given its own setting for the depreciation of the tangible property used in the endeavor. Those whose terms are prescribed by the decision of the Minister of Finance.
Verse (8) and paragraph (9)
., basically profit or loss due to the diversion of the tax levied on taxes in the year of his transfer of the treasure.
If they are sold or burned, then the net proceeds from the sale of the treasure, the difference between the price of the sale at the cost of the sale, and the replacement of the insurance. As an income in the year of the sale or the year of the receipt of the insurance, and the remaining value of the book from the treasury is charged as a loss in the tax year in question.
Verse (10)
., in terms of the reimbursed insurance that the new amount can be known for certain in the later days, Wajib Tax may apply to the Director General of Tax so that the amount of such loss may be charged within the year. replacement of such insurance.
Deviation from the provisions as referred to in paragraph (8), in the event of a transfer of the tangible property which is eligible as referred to in Article 4 of the letter a and the letter b, the remaining value of the book should not be charged as a loss by It's a distraction.
Verse (11)
.,, in order to provide uniformity to the Wajib Tax for depreciation, the Finance Minister is authorized to set the type of property type included in any of the benefit groups that the Wajib Tax needs to follow.

Figure 8
.,, Section 11 A
.,, Verse (1)
.,, Price of the acquisition of intangible property and other expenses including extension of the rights to the land (such as the right to effort, building rights and use rights) which has a lifetime of more than one year, is diamortized by method:
a. in the same parts each year during the benefit, or;
., b. in the declining parts of each year by applying amortization rates at the value of the rest of the book.
Specifically for the amortization of intangible property that uses a declining balance method, at the end of the lifetime value of the value of the rest of the intangible treasure book or those rights is amorphous at once.
Verse (2)
.,, the Determination of the benefits and amortization rates of intangible property expenditure is intended to provide uniformity to Wajib Tax in amortization. Taxes can be amortized in accordance with the method that is chosen in verse (1) based on the actual benefits of any intangible property. The applied amortization rate is based on the benefit group as set out in this provision. For the sake of intangible property, it is not listed in the existing group of benefits, so Wajib Tax uses the nearest benefit period. For example, an intangible property with an actual benefit of six (six) years can use a benefit group of 4 (four) years or 8 (eight) years. In terms of the actual benefits of 5 (five) years, the intangible property is diamortized by using the benefit group 4 (four) years.
Verse (3)
.,, pretty clear
Verse (4)
.,, the method of unit production is carried out by implementing the percentage of amortization rates that are large every year equal to the percentage of comparisons between the realization of oil and gas mining in the year concerned with an estimate of the amount All of the Earth's oil and gas content in that location can be produced.
If the actual production quantity is actually smaller than expected, so there is still the remainder of the expense to obtain any other rights or expenses, then for the remainder of the expenses may be charged at once in a year. The tax is concerned.
Verse (5)
.,, Spending to obtain mining rights other than oil and petroleum, forest entrepreneurial rights, or other natural results such as the rights of marine output diamortisation based on the method of unit production at a high amount of 20% (two Twenty percent) a year.
Example:
Expenditure to acquire a forest company's rights, which has a potential of 10,000,000 (ten million) tons of wood, amounted to Rp500,000.00 diamortisation according to the percentage of the production units realized in the year in question. If in one tax year it turns out the production amount of 3,000,000 (three million) tons which means 30% (thirty percent) of the available potential, then even though the amount of production in that year reaches 30% (thirty percent) of the amount The potential available, the magnitude of amortization that is allowed to be subtracted from gross income in the year is 20% (twenty percent) of the expenditure or the Rp100.000.00.
Verse (6)
., in the sense of spending done before commercial operations, are costs incurred prior to commercial operations, for example the cost of the feasibility study and the cost of experimental production but does not include the operating expenses It's routine, like employee's salary, electrical and phone account costs, and other office costs. For regular operating expenses these are not to be capitalized but are charged at once in the year of expenditure.
Verse (7)
.,, Example:
PT X issued a fee to obtain oil and gas mining rights at a location of Rp500,000.00. An estimate of the amount of oil in the area is as much as 200,000,000 (two hundred million) barrels. After production of oil and gas the earth reached 100,000,000 (100 million) barrels. PT X sold the mining rights to other parties at a price of Rp300,000.000.00. The calculation of the income and loss of the sale of such rights is as follows:
 The acquisition price of Rp 500,000.00 Amortization that has been done 100.000,000/200,000,000 barrels (50%) Rp 250.000.000.00
 Treasure book value Rp 250,000.000.00 
Property sale is Rp 300,000.00 
Thus the sum of the remaining books of Rp250,000.00 was charged as a loss and the amount of Rp300,000.00 was made up of income.
Verse (8)
.,, pretty clear

Figure 9
.,, Section 14
.,, the correct and complete information about the income of Wajib Tax is essential for being able to charge a fair and reasonable tax in accordance with the economic capability of Wajib Tax.
To be able to present the intended information, Wajib Tax must host the bookkeeping. But it was realized that not all of Wajib Tax was able to host the bookkeeping.
All statutory taxes and forms of effort are required to hold the books. The taxpayer of a private person who runs the business or does a free work with a certain amount of circulation, is not required to host the books.
To provide ease in calculating the magnitude of the neto income for the Tax Wajib which runs the business or free work with a certain gross circulation, the Director General of Tax publishes the calculation norm.
Verse (1)
.,, the calculation Norma is a guideline to determine the magnitude of the gross circulation and the magnitude of the neto income published by the Director General of the Tax by the guidelines on a hold set by the Minister of Finance and refined Keep going. The use of such calculation norms is essentially done in things:
., a., a. no better calculation base, complete accounting or gross circulation record, or
., b. The ledger or gross circulation record of Wajib Tax turns out to be held untrue.
The calculation norm is compiled in such a way based on the results of other research or data, and with regard to the kefrying pan.
The calculation norm would be helpful for the Taxes that haven't been able to host the books to calculate neto's income.
Verse (2), paragraph (3) and paragraph (4)
.,, the Neto Earning Calculation Norm can only be used by the Private People ' s Taxes whose brutality circulate is less than the amount of Rp600.000.00. To be able to use the Neto Calculation of the Neto Income Calculation, a personal person's tax must notify the Director General of Tax within the first three months of the tax year in question. A private person's taxes that use the Neto Income Calculation are required to host records as set out in the Law on the General Terms and Taxation, about the collapse of the bruates. Such records are intended to facilitate the application of norms in calculating neto earnings.
If the taxpayer is authorized to use the Neto Income Calculation, but does not inform the Director General of the Tax within a specified time frame, then the Tax Concurrent is considered. Choosing to host the books.
Verse (5)
.,, the Taxes that are required to host the books and or are required to host records and or are deemed to choose to host the books, but:
a. not or fully organizes a record or bookkeeper obligation;
., b. Not willing to show the books or records or the evidence of his supporters at the time of inspection;
Therefore, the actual gross circulation is unknown, hence the income of the net can be calculated in the other way that the Finance Minister's decision is made.
Verse (6)
.,, pretty clear
Verse (7)
.,, the Finance Minister can adjust the magnitude of the gross circulation limit as referred to in paragraph (2) with regard to the economic development and the ability of the Tax Wajib to host bookkeeping.

Figure 10
.,, Section 17
.,, Verse (1)
.,, the letter a
.,, Example of the owed tax calculation for the Personal Tax Wajib:
 The amount of Income Taxable Rp 250,000.00 owed income tax: 5% x Rp 25.000.000.00 = Rp 1.250,000.00 10% x Rp 25.000.00 =       Rp 2,500.000.00 15% x Rp 50,000.00 = Rp 7.500.000.00 25% x Rp 100.000.00 = Rp 25.000.000.00 35% x Rp 50,000.000.00 = Rp 17.500.000.00 ----------------- (+)
                                Rp 53.750.000.00 
Letter b
.,, Example of the owed tax calculation for the Internal Revenue Wajib and the form of fixed effort:
 The amount of Income Taxable Rp 250,000.00 Owed Income Tax: 10% x Rp 50,000.000.00 = Rp 5.000.000.00
 15% x Rp 50,000.00 = Rp 7.500.000.00 30% x Rp 150.000.00 = Rp 45.500.000.00 ----------------- (+) Rp 57.500.000.00 
Verse (2)
.,, the rate change as referred to in this paragraph shall be enforced nationwide, starting at 1 (1) January and announced at least 2 months before the new rate is effective, and is advanced by the Government to The People's Representative Council of the Republic of Indonesia, to be discussed in order to draft the State Budget Revenue and Shopping Draft.
Verse (3)
.,, the Bessign of Taxable Income layers as referred to in paragraph (1) will be adjusted to the adjustment factor, among other inflation rates.
The Finance Minister was authorized to issue a governing decision about the adjustment factor.
Verse (4)
.,, Example:
Earnings of the Rp5,050,900,00 for the application of the tariff are rounded down to Rp5,050,000.00.
Verse (5) and paragraph (6)
.,, Income taxable a year (calculated according to the provisions in Article 16 paragraph (4)): Rp34.816.000.00
 Income tax a year: 5% x Rp 25.000.000.00 = Rp 1.250.000.00 10% x Rp 9.816.000.00 = Rp 981,600,00
                            --------------- (+) Rp 2.231,600,00 
Income tax is owed in the portion of the tax year (3 months) (3 x 30): 360 x Rp2.231,600,00 = Rp557.900.00.
Verse (7)
., the provisions of this paragraph authorize the Government to determine the final tax rate that may be final on a particular type of income as referred to in Article 4 of the paragraph (2), as long as it is no higher than the rate. the highest taxes as set in paragraph (1). The determination of its own tax rate is based on the consideration of simplicity, the justice of the alignment, and in the tax imposition.

Figure 11
.,, Section 18
.,, Verse (1)
.,, the Act authorizes the Finance Minister to make a decision on the magnitude of the comparison between debt and corporate capital that can be justified for the purposes of tax counting. In the business world there is a reasonable rate of comparison regarding the magnitude of the ratio between debt and capital ("debt-equity ratio"). If the comparison between debt and capital is very large that exceeds the limits of the natural world, then the company is generally in a less healthy state. In doing so, for the calculation of Taxable Income, the Act determines the presence of veiled capital.
The term capital here designates the term or the understanding of equity according to accounting standards whereas the obligation or business of business is customary for the practice or practice of running an enterprise or performing a healthy activity. in the business world.
Verse (2)
., with the growing economic and international trade in line with the era of globalization, it can happen that the Internal Taxes are growing capital abroad. To reduce the possibility of tax evasion, then against overseas cultivation in addition to the business entity that sold its stake in the stock exchange, the Finance Minister is authorized to determine when it is by its dividend.
Example:
PT A and PT B each have a stake of 40% and 20% on X Ltd. which is placed in the country Q. Stock X Ltd. is not traded on the stock exchange. In 2000 X Ltd. obtained a profit after tax of Rp100.000.00.
In doing so, the Minister of Finance authorized the following dividends and the basis of his calculations.
Verse (3)
.,, the intent of this provision is to prevent tax evasion, which can occur due to the existence of a special relationship. In the event of a special relationship, the probability of income is reported to be less than should be or the cost of charge exceeds the one. In such case, the Director General of the Tax is authorized to return the magnitude of the income and/or costs in accordance with the circumstances in case among the Taxes there is no special relationship. In determining the amount of income and/or such charges may be used in some approaches, such as comparison data, profit allocation based on function or role and from the Tax Wajib which has special relationships and indications and data other.
Similarly, there may be a veiled capital inclusion, by declaring such capital's inclusion as debt, then the Director-General of the Tax Authority to determine the debt as a capital of the company. Such a determination can be done for example through an indication of the comparison between capital and the debt prevalent among the parties that are not affected by the special relationship or by data or other indications.
As such, the interest paid in respect of the debt which is considered to be the inclusion of capital is not allowed to be subtracted, whereas for shareholders who receive or acquire it are considered to be the dividend. Taxes.
Verse (3a)
.,, a transfer pricing agreement (Advence Pricing Agreement/APA) is a deal between Wajib Tax With Director General of Tax regarding the reasonable sale price of products it produces to the parties with special relations (related parties) with him. The purpose of the APA is to reduce the occurrence of the misuse of the misuse of pricing transfers by multi-national corporations. The agreement between Wajib Tax and the Director General of the Tax may include some things between the sale prices of products, the number of royalties and others, depending on the agreement. Advantages of what other than providing legal certainty and ease of tax calculation, Fiskus does not need to correct a correction of the sale price and profit of the products that Wajib Tax sold to the company in the same group. What can be unilateral, that is, a deal between the Director General of Tax (s) with a Tax Or Bilateral Tax-General Agreement with the taxation authority of another country which concerns the Tax Wajib which is in the country. His jurisdiction.
Verse (4)
.,, the privileged relationship among Wajib Tax may occur due to dependence or attachment one with the other caused because:
a. entitlement or capital inclusion;
B. the presence of mastery through management or use of technology.
In addition to the above, the special relationship between the Private Taxation may also occur due to the connection of blood or due to marriage.
Letter a
., a privileged relationship is considered to exist in the case of an ownership relationship with a capital inclusion of 25% (twenty-five percent) or more directly or indirectly.
For example, PT A has 50% (fifty percent) of the shares of PT B. The stock of the shares by PT A is a direct inclusion.
Furthermore, if the PT B has 50% (fifty percent) of PT C shares, PT A as a shareholder of PT B indirectly has an inclusion on PT C by 25% (twenty-five percent). In this case, PT A, PT B and PT C are considered to be special relationships. If PT A also has a 25% (twenty-five percent) stake in PT D, then between PT B, PT C, and PT D is considered to be a special relationship.
Such an ownership relationship above may also occur between private and body.
Letter b
.,, the privileged relationship between Wajib Tax can also occur due to mastery through management or use of technology, although there is no ownership relationship.
A special relationship is considered to exist if one or more companies are under the same mastery. So is the relationship between several companies that are in this same mastery.
Letter c
.,, which is meant by the familial relationship of the blood in a straight line of one degree is the father, mother, and son, while the familial relationship of the blood in the bloodline to the side of one degree is the brother.
In a straight line of a degree are in-laws and stepchildren, while the relation of the family in the bloodline to the side of one degree is-in-law.
Verse (5)
.,, pretty clear

Number 12
.,, Section 21
.,, Verse (1)
.,, these Terms set about in-year tax payments running through tax deductions on income received or obtained by Wajib Tax of domestic persons in connection with employment, services and activities. The parties are required to do the cutting, storage and reporting of taxes are employers, government objects, pension funds, bodies, companies, and organizers of the activities.
Letter a
,, the taxpayer is a person or entity that is the parent, branch, representative or unit of the company, who pays or owes the salary, wages, allowances, honorarium, and another payment by any name to the administrator, employee or non-employee, in return with respect to the work, services, or activities performed. In the sense of employers including also international organizations that are not excluded from the tax cut obligations.
The other payment is payment by any name other than salary, wages, benefits, and honorarium, and other payments such as bonuses, gratification, tantiem.
A non-employee is a person who accepts or earns income from employers in connection with a non-permanent working bond, such as the artist who receives or receives an honorarium from the employers.
Letter b
.,, the Bendaharawan government includes the treasurer on the Central Government, Local Government, agencies or government agencies, other state institutions and the Embassy of the Republic of Indonesia abroad that pay salaries, wages, allowances, honorarium, and other payments in connection with work, services, or activities.
Letter c
.,, pension funds or other bodies like the body of labor social security guarantees that pay off retirement money, old day benefits, old day savings, and other payments that are similar to any name.
In the sense of pension or other payments including benefits that are either regularly paid or not, paid to the pension recipient, the recipient of an old day allowance, the recipient of an old day's savings.
Letter d
.,, in the sense of the body including an international organization that is not excluded based on verse (2). It includes the personnel of personal persons such as doctors, lawyers, accountants, who do free work and act for and on behalf of themselves, not for and on behalf of their allies.
Letter e
.,, the Company, the body, or the organizer of the mandatory activities cut taxes on the payment of gifts or awards in any form received or obtained by the Tax Taxes of the private person in the country with respect to an activity. In terms of bodies including governmental bodies, organizations include international organizations, and societies. Activities held include sports, religious, artistic and other activities.
Verse (2)
.,, pretty clear
Verse (3)
., for employees to keep their tax-cut income is the gross income reduced by the cost of office, the pension, and the income is not tax. In the definition of retirement, it is also an old day allowance or old day savings paid by employees.
For a retired tax cut, the amount of gross income is reduced by the cost of retirement and the income is not taxable. The pensioner ' s understanding includes also the recipient of an old day allowance or an old day savings.
Verse (4)
And the sum of the income of the daily, the weekly, and the other, is the sum of the gross income, and the amount of income that is not imposed by the minister. Finance, paying attention to the income of the tax on the way.
Verse (5)
.,, pretty clear
Verse (6)
.,, pretty clear
Verse (7)
.,, pretty clear
Verse (8)
.,, pretty clear

Number 13
.,, Article 23
.,, Verse (1)
., the provisions of this paragraph regulate the tax cut on income received or obtained in the country and the form of a fixed entity derived from capital, submission of services, or the hosting of activities other than those that have been cut off. The tax is referred to in Article 21 of the paragraph (1) of the letter e, which is paid or owed by a government entity or domestic body tax subject, the organizer of the activities, the form of a fixed effort, or any other foreign company representative.
The basis of the tax cuts in this verse is distinguished between the gross income and the estimated earnings of neto. The basis of tax cuts for income payments in the form of dividends, interest, royalties, gifts, and awards is the gross amount of income. The basis for the cut for rent and other income in connection with the use of the treasure is neto's estimation of earnings.
In exchange for services, tax deductions are technical services, management services, construction services, consulting services, and other services that are accepted or acquired by a tax that has been cut by the income tax. as referred to in Article 21.
On the income of the deposit interest paid by the cooperative was a tax cut of 15% (fifteen percent) and was final. For the income of a cooperative interest that does not exceed the limits set by the Decree of the Minister of Finance paid by the cooperative to its members is not cut in Article 23 of the Income Tax.
Verse (2)
.,, in order for these provisions to be properly implemented and dynamically in accordance with the development of the business world, then the Director General of Tax is authorized to assign other types of services and the magnitude of neto's estimated earnings. In establishing the magnitude of neto's estimated earnings, the Director General of Taxes in addition to utilizing internal data and information, can pay attention to the opinions and information of the related parties.
Verse (3)
.,, pretty clear
Verse (4)
.,, pretty clear

Figure 14
.,, Section 25
.,, these Terms set about the broad calculation of monthly installments payable by Wajib Tax itself in the running year.
Verse (1)
.,, Example 1:
Income Tax owed under the Year 2000 Income Tax Annual Notice
 The earnings of 1994 Rp 50,000.000.00 minus: a. Income tax cut by the employers (Article 21)            Rp 15,000.000.00 b. Income tax levied by other parties (Article 22) Rp 10,000.000.00 c. Income tax cut by other parties (Article 23) Rp 2,500,000.00 d. Foreign Income Tax Credit.  (Section 24) Rp 7.500,000.00 ---------------- (+) The amount of tax credits Rp 35.000.00 -------------------- (-)                   Rp 15,000.000.00 
The amount of tax installments that must be paid alone every month for the year 2000 is Rp 1,250,000.00 (Rp 15.000.000.00 divided 12).
Example 2:
If the income tax is intended in the example above with respect to the income received or obtained for the portion of the tax year covering the term of 6 (six) months in 2000, then the amount of monthly installments must be paid for itself every month in 2001 is Rp2,500.000.00 (Rp15.000.000.00 divided 6).
Verse (2)
., given the time limit of the delivery of the Annual Notices Tax is 3 (three) months after the tax year ends, then the amount of tax installments must be paid alone by Wajib Tax before the deadline for the delivery of the Mail Annual Notice of Income Tax may not be calculated in accordance with the provisions of paragraph (1). Under this provision, the magnitude of the tax installment for the months prior to the deadline for the delivery of the Income Tax Annual Notice of Income Tax is the same as the tax installment for the last month of the tax year ago.
Example:
If the annual Income Tax Notice is delivered by Wajib Tax in March 2001, then the bulk of the tax instalments of Wajib Tax for January and March 2001 is the amount of tax installments in December. 2000, for example amounted to Rp1,000.000.00.
However, in September 2000 the decision to reduce tax installments became nil, so that the tax instalment from October to December 2000 became nil, hence the amount of tax instalment of the taxpayer. The taxes each month for January and March 2001 remain the same as the December installment, the nihil Verse (3)
Pretty clear
Verse (4)
.,, as the year of running has been issued a tax decree for the tax year ago then the tax installment is calculated based on the tax decree. The change in the tax installment is valid from the next month after the month of the tax decree.
Example:
Based on the annual tax income tax anniversary of the year 2000, which was delivered in March 2001, the calculation of the amount of tax installments payable was at Rp1.250,000.00. In June 2001, a tax-year tax (tax) certificate issued a tax installment per month of Rp2,000.00.
Under the terms of this paragraph, the amount of tax installments starting in July 2001 is at Rp2,000.000.00. The establishment of tax installments based on such decree can be the same. More or less than the previous tax installers are aware of the Annual Notices Letter.
Verse (5)
.,, pretty clear
Verse (6)
.,, essentially the magnitude of the tax installment payment by Wajib Tax itself in the year runs as can be likely to approach the amount of tax that will be owed by the end of the year. Therefore, under this provision, in certain matters the Director General of the Tax is authorized to adjust the bulk of the tax installments that must be paid by the Tax Wajib in the running year, if there is a Compensation for damages, whether tax or income is disordered, or a change in the circumstances of Wajib Tax's business or activities.
Example 1:
 Income of PT X in 2000 Rp 120,000.00 The rest of the previous year's losses can still be compensated Rp 150,000.00 The rest of the losses that have not been compensated for 2000 Rp 30,000.00
 
Article 25 of the Income Tax tally of 2001 is:
The income on the basis of the calculation of the Income Tax Installment of Article 25 = Rp 120.000.00-Rp 30.000.000.00 = Rp 90.000.00.
 
Income tax owed: 10% x Rp 50,000.00 = Rp 5.000.00 15% x Rp 40.000.00 = Rp 6.000.000.00 ---------------- (+) Rp 11.000.000.00 
If in 2000 no income tax is deduced or levied by other parties and taxes paid or repaid abroad in accordance with the provisions in Article 24, then the magnitude of the monthly tax installment of PT X in 2001 = 1/12 x Rp 11.000.000.00 = Rp 916.666.67 (rounded up to Rp 916.666.00).
Example 2:
The regular earnings of Wajib Tax A from the trade effort in 2000 Rp 48.000.000.00 and the irregular income of converting the house to 3 (three) years paid at once in 2000 amounted to Rp 72,000.000.00. Given the disorderly income at once received in 2000, the income used as the basis for the calculation of Income Tax Article 25 of Wajib Tax A in 2001 was only of regular earnings. that.
Example 3:
Changes in the state of the business or the activities of Mandatory Tax may occur due to a decrease or increased effort. PT B which moves in the field of thread production in 2000 pays a monthly installment of Rp15,000.000.00.
In June 2000 the factory of PT B was on fire, therefore based on the Decision of Director General Tax starting in July 2000 monthly installments of PT B can be adjusted to be smaller than Rp15,000.000.00.
On the contrary, if PT B is increased in business, for example, the increase in sales and the estimated earnings should be greater than the previous year, then the monthly installments of PT B can be adjusted by the Director General Tax.
Verse (7)
.,, in principle the calculation of the magnitude of monthly installments in the year runs is based on the Annual Income Tax Notice Letter of the year ago. However, under this provision, the Finance Minister is authorized to set the basis of the monthly installment of the monthly installment in addition to based on that principle in order to better approach the view based on the data that can be used for determining the amount of the tax that will be owed by the end of the year as well as the basis of the calculation of the amount (magnitude) of the tax installment in the year For new taxpayers starting to run the business or performing activities within the running tax year, it needs to be set to determine the magnitude of the tax installment, since Wajib Tax has not included the Income Tax Annual Notice Letter.
The determination of the tax installment is based on the reality of Wajib Tax's efforts or activities.
For taxes that are in banking, state-owned enterprises and regional-owned businesses, there is an obligation to convey to the Government of the report relating to financial management in a given period, which is the subject of the Government of the State of the United States. can be used as a calculation basis for determining the magnitude of the tax installment in the running year.
In the development of the business world, there may be a particular field of business or Mandatory Tax including the Compulsory Taxes of a particular businessman, Wajib Tax of a private person who has a place of business spread out in some places, for example. An electrical merchant who has a shop in some shopper centers, whose tax instalments can be calculated based on the data or the reality, thus approaching the kefrying pan.
Verse (8)
.,, the Tax payable Wajib Tax of a private person who goes abroad is a tax installment payment in a running year that can be credited with the amount of Income Tax owed by the end of the year. Based on certain considerations, such as state duty, social, cultural, educational, religious, and international conduct, with government regulations are set about the exclusions of tax-paying obligations as referred to in the This provision.
Verse (9)
In the event of the (seven) verse, the tax of the taxpayer is a private person's tax, which has a large business place in some places, such as an electronic trader who has a shop. In some shopping malls, they are designated by the Minister of Finance's decision. The underlying installment for the Tax Mandatory Service is a tax repayment owed to the tax year in question, as long as the Taxes do not receive or acquire any other income that is not subject to any other income tax. The final. In the event that the Cloud Service does not apply to Client's use of the Cloud Service, the Cloud Service will be used in accordance with the terms and conditions of the applicable Service and/or Applicable Law. general, while the paid taxes are tax credits.

Figure 15
.,, Article 26
., on the income that is received or obtained by the Foreign Income Tax from Indonesia, this Act follows the two tax imposition systems, which is the fulfillment of its own tax liability for the foreign tax Wajib which runs the business or doing activities through a fixed form of effort in Indonesia, and cuts by the party that are required to pay for the other foreign tax Wajib.
This provision is set about the reduction of income sourced from Indonesia that is accepted or acquired by the foreign tax Wajib other than the fixed form of effort.
Verse (1)
., tax cuts based on these provisions are mandatory by government agencies, domestic tax subjects, activity organizers, fixed business forms, or other foreign company representatives who make payments to Wajib Tax. overseas in addition to a fixed form of effort in Indonesia, with tariffs of 20% (twenty percent) of gross amount.
The required income types of the cuts can be classed in:
., 1) earnings sourced from capital in the form of dividends, interest including premium, diskonto, swap premiums in connection with interest swap and rewards due to warranty of return of debt, royalty, and rent as well as other income in connection with the use of treasure;
2) rewards in respect of services, work, or activities;
3) gifts and awards by name and in any form;
4) pensions and other periodic payments.
In accordance with this provision, for example, a domestic Tax Subject body pays a royalty of Rp100.000.00 to the foreign tax cap, then the domestic tax subject is obliged to cut the Income Tax by the amount of income. 20% (twenty percent) of Rp100.000.000.00.
For example, an athlete from abroad who took part in a marathon race in Indonesia, and later took the prize money, then the prize was charged with a 20% tax cut. Twenty percent.
Verse (2) and paragraph (3)
.,, these Terms of Use govern IBM's use of the IBM Cloud Services Agreement ("Agreement"), and the following terms apply to the IBM International Basic General Terms ("Agreement"). and insurance premiums, including reasurance premiums. For this income the tax cut was 20% (twenty percent) of neto's estimated earnings and final. The Finance Minister is authorized to establish the magnitude of the estimated earnings of neto referred to, as well as other matters in the course of implementation of such tax cuts.
This provision is not applied in the case of the Mandatory Tax either running the business or performing activities through a fixed form in Indonesia, or if the income of the sale of the property has been taxed. under the provisions of Article 4 paragraph (2)
Verse (4)
.,, on the income of taxable after deduced from a fixed income form in Indonesia a tax cut of 20% (twenty percent).
 Example: Income Taxable form a fixed business form in Indonesia Rp 17.  500,000.000.00 Income Tax: 1O% x Rp 50,000.00 = Rp 5.000.00 15% x Rp 50,000.00 = Rp 7.500.000.00 30% x Rp 17.400.000.00 = Rp 5.220.000.000.00 -----------------------------  (+) Rp 5.232,500.000.00 ------------------------- (-) Taxable Income After Minus Rp 12.267.500,000.00 

Income Tax Article 26 which is owed 20% X Rp 12.267.500.000.00 Rp 2.453.500.000.00
However, if the income of Rp12,267,500,000.00 was reinvested in Indonesia in accordance with the Decree of the Minister of Finance, it was not a tax cut.
Verse (5)
., in principle the tax deduction on the Mandatory Tax is final, but on the income as referred to in Article 5 of the letter b and the letter c, and on the income of Wajib Tax of the person or of the foreign body which changes to the status of a domestic tax or a fixed form of business, the tax cuts are not final so that the tax cut may be credited in the Income Tax Annual Notice of the Income Tax.
Example:
A private person's foreign power makes a working agreement with PT B as Wajib Tax in the country to work in Indonesia for a period of 5 (five) months counting from 1 January 2001. On 20 April 2001 the work agreement was extended to 8 (eight) months so that it would end on 31 August 2001.
If such a labor agreement is not extended then the status of A is fixed as the Wajib Foreign Tax. With the length of the work agreement, the status of A changed from the foreign tax of Wajib to Wajib Tax within the country from 1 January 2001. During January to March 2001 for gross income A had been cut by Article 26 of the Income Tax of PT B.
Under this provision, it is to calculate the income tax owed to the A for the January period through August 2001, the Income Tax Article 26 which had been cut and made PT B on the earnings of A to March. such, it can be credited to tax A as the Internal Tax Wajib.

Number 16
.,, Section 31 A
.,, Verse (1)
.,, one of the principles that needs to be held firmly in taxation legislation is enacted and prepared equal treatment of all Taxes or against cases in the field of taxation that are the same, with respect to the laws of taxation. hold on to the applicable laws. Therefore, any ease in the field of taxation if it is absolutely necessary must refer to the above rules and need to be kept in its application not to deviate from the intent and purpose of which it is given.
The purpose and purpose of this tax ease is to encourage direct investment in Indonesia through the cultivation of foreign capital and domestic capital cultivation in certain areas of business that are high priority. On a national scale, especially the export of exports. In addition, the ease of taxation was also given to encourage the development of remote areas, such as the many in the eastern regions of Indonesia, in order for the development arrangement.
This cultivation facility can be enjoyed for 6 (six) years, so that each year Wajib Tax reserves the right to make up a neto income of 5% (five percent) of the amount of cultivation realization.
Similarly these provisions may be used to accommodate possible agreements with other countries in the fields of trade, investment, and other fields.
Verse (2)
.,, pretty clear

Number 17
.,, Section 31 B
.,, the economic and monetary crisis that has occurred since 1997 has raised a broad negative impact on the banking sector, investment efforts, employment opportunities, and economic macros. This was mainly due to the large number of foreign and domestic debts (in foreign exchange) that experienced a drastic increase as a result of significantly depreciation of the United States dollar currency. In order to revive the national economic activities the Government needs to pursue a special policy of debt restructuring. Such restructuring can be done in the form of liberation (partly or all) of debt, a transfer of property for settlement of debt, and the change in debt to capital.
The expected debt restructuring could accelerate that economic recovery, need to be driven by awarding the taxation facilities. The provision of the facility is limited in both its kind and its timeframe. In order for such facilities to be utilized by those who are completely entitled, directed and controlled according to the intent and purpose, the facility is only given against the restructuring of the debt made through a specialized agency formed The Government, which is the Jakarta Prakarsa Task Force.
Verse (1)
.,, the tax facilities granted expire are limited only to the tax years of 2000, 2001 and 2002.
As for the tax facility referred to in the form of the Income Tax deduction in the form:
., a., a. the partial release and the instalment of the income Tax payment owed to the debt exemption provided by the creditors;
., b. Income tax exemption for the transfer of property to creditors for the settlement of the debts along the property is assessed as the size of a given party's book;
.,, c. The release of income Tax owed to the change in debt to the inclusion of capital along the inclusion of the capital was assessed as much as debt.
Verse (2)
.,, is pretty clear

Section 31 C
.,, Verse (1)
.,, pretty clear
Verse (2)
.,, pretty clear

Figure 18
.,, Section 32
.,, is pretty clear

Number 19
.,, Section 32 A
.,, in order to increase economic and trade relations with other countries required a specialized (lex-specialist) legal device that governs the rights of peddling from each country to provide legal certainty and Prevent multiple tax imposition and prevent tax repulsion. As for his form and material refers to international conventions and other provisions as well as the national taxation provisions of each country.

PASAL II
.,, pretty clear.

PASAL III
.,, pretty clear.