Government Regulation Number 39 Of 1993

Original Language Title: Peraturan Pemerintah Nomor 39 Tahun 1993

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c4f0abc89f096b1313231383239.html

PP 39-1993 Text copy _?.
Back COUNTRY SHEET Republic of INDONESIA No. 56, 1993 (Additional explanation in the State Gazette of the Republic of Indonesia Number 3525) GOVERNMENT REGULATION of the REPUBLIC of INDONESIA NUMBER 39 in 1993 ABOUT the CHANGES to the GOVERNMENT REGULATION NUMBER 42 of 1985 CONCERNING THE IMPLEMENTATION of the INCOME TAX Act 1984 with the GRACE of GOD ALMIGHTY the PRESIDENT of the REPUBLIC of INDONESIA,.,, Considering: a. that to better provide certainty for Taxpayers in meeting obligations on the income tax form interest bonds and dividends from securities traded on the stock market , viewed the need to reorganize the perpajakannya treatment;
.,, b. that with respect to it, viewed the need to amend the provisions of article 13 of the Government Regulation Number 42 of 1985 concerning the implementation of the income tax act of 1984;
.,, Considering: 1. Article 5 paragraph (2) of the Constitution of 1945;
., ,2. Law number 6 Year 1983 on general provisions and Taxation Procedures (State Gazette Number 49 in 1983, an additional State Gazette Number 3262);
., ,3. Act No. 7 Year 1983 regarding income tax (State Gazette Number 50 in 1983, an additional State Gazette Number 982), as amended by Act No. 7 of 1991 (State Gazette Number 93 in 1991, an additional State Gazette Number 3459);
., ,4. Government Regulation Number 42 of 1985 concerning the implementation of the income tax act of 1984 (the 1984 State Gazette Number 63, State Gazette Supplementary Number 3309);
DECIDED:.,, set: GOVERNMENT REGULATION of the REPUBLIC of INDONESIA ABOUT the CHANGE in the GOVERNMENT REGULATION NUMBER 42 of 1985 CONCERNING THE IMPLEMENTATION of the INCOME TAX Act of 1984.
Article 13 the provisions of article I of the Government Regulation Number 42 of 1985 is modified to read as follows:.,, "article 13.,, (1) interest bonds and dividends of securities that are traded on capital markets received or obtained by the Subject individual domestic Taxes, which amount is not beyond a certain number of limits is not subject to Withholding Tax as stipulated in article 23 of Act No. 7 of 1983 as amended by Act No. 7 of 1991.
.,, (2) the limit of the amount referred to in subsection (1) are set equal to the magnitude of the Earnings are not Taxable (PTKP) for Taxpayers who are assigned with the decision of the Minister of finance.
.,, (3) the interest on bonds and dividends from securities traded through the stock market received or retrieved the subject individual domestic Tax which amount exceeds the amount referred to in subsection (2) are subject to a withholding income tax Article 23 amounting to 15% (fifteen per cent) of the gross amount.
.,, (4) in the case of recipients of income referred to in subsection (1) is the domestic individual Taxpayers are obliged to convey a letter of Notification (SPT) Annual income, then referred to the PPh must be combined with other income and reported in the Annual SPT PPh. "
Chapter II of this Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Regulation with its placement in the State Gazette of the Republic of Indonesia.

.,, Set in Jakarta on 10 June 1993 the PRESIDENT of the REPUBLIC of INDONESIA SOEHARTO Promulgated in Jakarta on June 10, 1993, INDONESIAN STATE SECRETARY MOERDIONO RI STATE GAZETTE SUPPLEMENTARY No. 3525 (explanation of the 1993 State Gazette Number 56) EXPLANATION for the REGULATION of the GOVERNMENT of the REPUBLIC of INDONESIA NUMBER 39 in 1993 ABOUT the CHANGES to the GOVERNMENT REGULATION NUMBER 42 of 1985 CONCERNING THE IMPLEMENTATION of the INCOME TAX Act of 1984. , In the provisions of article 13, the Government Regulation Number 42 in 1945 had governed the imposition of limits cutting income tax (PPh Pasal 23) on interest bonds, dividends of separation and/or the certificate of shares traded in the capital market.
.,, Based on the Government regulation of interest bonds, stock dividends and/or the certificate of shares traded in the capital market totaling no more than Rp 960.000 (nine hundred and sixty thousand dollars) for a period of 1 (one) year is not subject to withholding of income tax Article 23. The limit is in principle adapted to the amount of Taxable Income (PTKP) for the taxpayer, so that adjustment needs to be done on every time the magnitude of the adjustment done PTKP.
These Provisions, intended to Subject individual domestic Tax which the entire amount of his income was under PTKP need not take care of the tax return. It needs to be stressed that although on the income in question is not subject to withholding of income tax Article 23, income remains constitute the object of the income tax as referred to in article 4 paragraph (1) of the income tax act of 1984. Therefore, the Taxpayer is obliged to deliver the annual Notice (SPT) PPh, such income should still be reported in SPT, combined with other income.
.,, Given that things need to be done, then the changes to the Article 13 the Government Regulation Number 42 in 1985 with government regulation.

ARTICLE for the SAKE of ARTICLE i. Article, Article 13, paragraph (1).,, between the subject of the domestic Tax individuals who receive/earn be interest from bonds and dividends from securities traded on the stock market is Subject to tax all the income of individuals still under number PTKP.

When they were on the income subject to withholding income tax Article 23, then it will weigh them because they have to take care of its return. Therefore, in this verse is set up such that the income that does not exceed a certain amount is not subject to withholding income tax Article 23. Subsection (2), certain amounts, limits referred to in subsection (1) is the same as for PTKP Taxpayers. Therefore this limit adjust with a magnitude PTKP for Taxpayers that are adapted to the adjustment factor established by the Minister of finance.

The limit is a tax starting in 1990 is $1.440.000,-(one million four hundred and forty thousand dollars) a year. When an agency giver paying the interest yield of bonds traded on the stock market to a person Subject to the tax in individual country which is entirely a year totalling not more than Rp 1.440.000,-, then the giver those results are not required to deduct income tax Article 23 over the payment of such interest.

But if that number is more than Rp 1.440.000,-then the giver a compulsory cut results PPh Pasal 23 of 15% (fifteen per cent) of all the amount (gross amount) without being reduced by Rp 1.440.000,-.

For income in the form of dividends from shares traded in the capital market also applies the same provisions.

These limits apply to each sheet instead of bonds/securities but apply to the entire amount of interest/dividends paid by results of a giver to a subject of Taxation in the country of individuals, not depending on a few sheets of bonds/securities owned by the recipient of the results.

If the interest and dividends paid include any period less than a year, then the limit of the amount adjusted to the time period of interest and the dividends are concerned. Paragraph (3) and subsection (4),, this verse confirms the intent of the exception from withholding income tax Article 23 referred to in subsection (1) and paragraph (2), namely that the exclusion is not an exception as the object of taxation but only the exception of cutting PPhPasal 23 therefore under subsection (3) is set that if the amount paid exceeds the limits of the amounts set in paragraph (2), then the giver results mandatory cut PPh Pasal 23 of 15% of the gross amount without deducting in advance with the limit of the number of referred to.

In paragraph (4) or more confirmed again, that although on the income in the form of interest, dividends and bonds/securities traded on the stock market received/acquired PPh Pasal 23 was not cut, but if the recipient is the result of individual Taxpayers are obliged to deliver SPT Annual income-earners income tax then these should still be reported in the Annual SPT PPh combined with other income.

Article II.,, is quite clear