.,, 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.
.,, 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.
.,, 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.