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Table of contents..................................................................................................................1
Chapter 1 Introduction.........................................................................................................2
1.1 Background..........................................................................................................2
1.2 Problems...............................................................................................................2
1.3 Goals....................................................................................................................2
1.4 Benefits................................................................................................................2
Chapter 2 Content................................................................................................................3
2.1 Summary of UU No. 36 Year 2008
........................................................................................................................................
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CHAPTER 1
INTRODUCTION
1.1 Background
Income tax generally is computed as the product of a tax rate times taxable income. Tax rates
may vary by type or characteristics of the taxpayer. Capital gains may be taxed at different
rates than other income.
We will discuss more about income tax and value added tax in this paper base on UU.
No. 36 year 2008 for income tax and UU No. 42 year 2009 about Value Added Tax ( VAT )
and luxury sales tax (LST), or sales tax on luxury goods.
1.2 Problems
1. What is the subject, object and another thing that related to income tax base on UU No. 36
year 2008?
2. What is the subject, object and another thing that related to Value Added Tax ( VAT ) and
luxury sales tax (LST), or sales tax on luxury goods base on UU No. 36 year 2008?
1.3 Goals
1. to find out the subject, object and another thing that related to income tax base on UU No.
36 year 2008
2. to know the subject, object and another thing that related to Value Added Tax ( VAT ) and
luxury sales tax (LST), or sales tax on luxury goods base on UU No. 36 year 2008
1.4 Benefits
2
To help the student know about the tax dispute and the settlement of tax dispute.
CHAPTER II
CONTENT
This Income Resume explains most of the substance contained in the Income Tax Act
(UU PPh)No. 36 Year 2008. This resume explains the definition of income, subject to tax, the
incidence of subjective liability, tax object, taxation final, subject and object of the tax
exemption, costs, taxable income, up slightly on the BUT (Permanent Establishment).
Ø Taxable taxed when deriving income for a tax year or in part the tax year.
Ø What is meant by "tax year" is the calendar year or the calendar, but taxpayers may use the
fiscal year is not the same as the calendar year, throughout the book covers a period of twelve
(12) months.
Types of Taxable
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general tariff (General Income sepadaan (Income Tax Rates Article
Tax Rates Article 17) 26 or according to Tax Treaty)
shall not submit income tax returns,
Mandatory SPT SPT PPh, to
because his tax obligations are met
4 Submission of SPT establish the tax payable in a tax
through a final withholding tax
year
(VAT Article 26)
Ø subject Inheritance tax can replace the fulfillment of tax obligations and the appointment of
the pass (deceased).
Ø If swallowed divided inheritance to the heir, the late tax liability to be settled by the heirs.
Ø Entity is a group of people and / or capital as a union, whether conducts or not conduct
business that includes limited liability companies, limited partnerships, other company, state-
owned enterprises or regionally owned enterprise under the name and in any form, firm ,
partnership, cooperative, pension funds, partnerships, associations, foundations, mass
organizations, social organizations, political, or other organizations, institutions and other
bodies including collective investment contract and permanent establishment.
Ø The state owned enterprises and state-owned area is subject to tax regardless of the name
and shape so that any unit of Government bodies, such as institutions, agencies, etc., that are
owned by the central government and local governments are conducting business or activities
to derive income is subject to tax.
2. Branch Companies
3. Representative offices
5. Factory
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6. Workshop
7. Warehouse
13. The provision of services of any kind by employees or others, all made more than 60 days
within a period of 12 months
14. The person or entity acting as an agent whose position is not free
16. Computers, electronic agent, or automated equipment owned, leased, or used by the
organizers of electronic transactions to conduct business via the Internet
1. The subjective tax liability resident individual who resides in Indonesia, especially the
indigenous people began when he was born in Indonesia.
For the individual who has been in Indonesia for more than 183 days within a period of 12
months, or an individual who in a tax year are in Indonesia and intends to reside in
Indonesia, the tax liability subjectivity starting from the first day he was in Indonesia.
2. The tax obligation of the subjective body, beginning when it is incorporated or domiciled
in Indonesia and ends on dissolution or not domiciled in Indonesia.
3. The subjective tax liability undivided inheritance, begins at the onset of undivided
inheritance and ends at the finish divided inheritance. Subsequently, the fulfillment of tax
obligations (deceased) be transferred to the heirs.
Ø subjective tax liability Personal (SPOPLN) or Firm (Overseas) begins at the time the
individual or entity has an economic relationship with Indonesia, which receive or earn
income from Indonesia.
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Subjective Tax Liability Under Section Tax Year
Ø An individual be subject to tax for a period of one year full tax. For example an individual
who began to be subject to tax in the middle of the tax year or who leave Indonesia forever in
the middle of the tax year. Period which is less than one fiscal year is called a fraction of the
tax year that replaced one tax year.
Exceptions Taxable
Ø This particular unit of government entities that meet the following criteria:
2. Financing is sourced from the State Budget or Budget Revenue and Expenditure
Ø That does not include the subject of taxes referred to in Article 2 of Law No. 36 of 2008
are:
b. Do not run a business or other activity to earn income from Indonesia in addition to
providing loans to the government that the funds come from the dues of the members
Ø The international organization which does not include tax subject set by the Decree of the
Minister of Finance.
Ø Determination of the place of his residence or domicile of the body is important to set the
tax office which has jurisdiction over the taxation of income received or accrued by a
private person or entity.
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Ø Basically the place of his residence or domicile of the entity is determined according to the
actual situation. An individual based Identity Card while the body in accordance with the
founding act. Thus the place of residence or domicile is not only based on formal
considerations, but more grounded in reality.
Ø Some things need to be considered by the Director General of Taxes in determining the
residence of a person or the domicile of the agency, among others domicile, residence
address, place of residence, family run business principal or other things that need to be
considered to facilitate the implementation of the fulfillment of obligations tax.
The object of income tax, ie any additional economic capability received or accrued by the
taxpayer, whether originating from Indonesia and outside Indonesia, which can be used for
consumption or to increase the wealth of the taxpayer concerned, the name and in any form.
a. Gains from transfer of property to the company, partnerships, and other entities in lieu of
shares or equity
d. gains from the transfer of property in the form of grants, aid or donations, except those
given to the family by blood in the direct lineage of the degree and religious bodies,
educational institutions, social agencies including foundations, cooperatives or private
persons who run micro and small enterprises, the provisions shall be further by the
Minister of Finance, as long as no relationship with business, employment, ownership,
or control between the parties concerned.
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e. gains from the sale or transfer of part or all of the mining rights, participated in the
financing marks, or capitalization in the mining company.
5. The receipt of refunds of tax payments as an expense and an additional payment of tax
refund
6. interest including premiums, discounts and rewards for loan repayment guarantees
7.dividen, with the name and in any form, including dividends from insurance companies to
policyholders, and the distribution of net income cooperatives.
a. distribution of profit, directly or indirectly, with the name and in any form
c. granting bonus shares performed without depositing including bonus shares through
capitalization of share premium
f. an amount that exceeds the amount of the deposit his shares derived by a shareholder for
the repurchase of shares by the company in question
g. whole or partial repayment of paid-in capital, if in the past year earned a profit, unless the
refund is the result of the downsizing of the authorized capital (statutory) conducted
legally.
h. payments with respect to signs of profit included received as redemption signs of such
profits.
l. the issuing company for the personal benefit of shareholders are charged as company
expenses.
Royalty is an amount paid or payable yag manner or any calculation, both periodic or
not, as consideration for:
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a) the use or right to use any copyright of literary, artistic or scientific work, patent, design or
model, plan, secret formula or process, trademark, or other forms of intellectual property
rights / industrial or other similar rights
b) the use of, or the right to use the equipment / supplies industrial, commercial or scientific
1) acceptance of, or the right to receive the recorded image or sound recording or both,
which is distributed to the community via satellite, cable, optic fiber or similar
technology
2) The use or right of recording images or sound recording or both, for broadcast
television or radio broadcast / transmitted via satellite, cable, seratoptik, or similar
technology
3) the use or right to use some or all of the radio spectrum communications
e) the use or right to use a live image films (motion picture films), the film or video tape for
broadcast television or radio broadcasting vocal cords.
f) the release in whole or in part the rights associated with the use or administration of
intellectual property rights / industrial or other rights as mentioned above
11. The gains from debt relief, but up to a certain amount stipulated by government
regulations
Debt relief by the parties indebted considered as income to the party that originally owed,
while for those indebted may be expensed.
16. Additional net wealth derived from income not subject to tax
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17. pengashilan of sharia-based businesses
18. exchange for interest referred to in the Act governing the umuum provisions and
procedures of taxation.
• The principle of taxation under the Income Tax Act is unitary (global) taxation, which
means that all income from sources in various categories and consolidate into one entity
(unitary) basis of taxation. But we realize that culture, and the social, economic and
political community do not support the implementation of the ideal system. Therefore, a
simple taxation system established the system of tax deduction at a rate commensurate
final.
• The taxation is done by cutting (with holding) at the source, based on the gross income
(gross base), at a rate commensurate final. Gross means that the tax base is calculated based
on gross receipts, regardless of the cost and the state of being taxpayers. Rates worth it
intended to implement the principle of equal taxation for all taxpayers. While the final
(completed) are intended to simplify the taxation by treating the tax payments as repayment
completed tax liability on the tax object no other additional obligations again.
• Income subject to final tax will no longer be combined with other income and taxes are not
a tax credit. Neither income nor the tax no longer need to be reported in the Annual Tax
Return.
1. Income in the form of interest on deposits and other savings, interest on bonds and
government securities, and savings interest paid by the cooperative to cooperative
members a private person.
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Sesuai dengan tarif P3B bagi
20%
Bunga dari Obligasi WPLN selain BUT
dengan kupon (dari jumlah bruto bunga sesuai dengan
masa kepemilikan Obligasi)
15% WPDN dan BUT
Sesuai dengan tarif P3B bagi
Diskonto dari Obligasi 20%
WPLN selain BUT
dengan kupon (dari selisih lebih harga jual atau nilai
nominal di atas harga perolehan Obligasi,
tidak termasuk bunga berjalan)
15% WPDN dan BUT
Sesuai dengan tarif P3B bagi
Diskonto dari Obligasi 20%
WPLN selain BUT
tanpa bunga
(dari selisih lebih harga jual atau nilai
nominal di atas harga perolehan Obligasi)
Bunga dan/atau
0% Tahun 2009 s.d. 2010
diskonto dari Obligasi
yang diterima dan/atau
5% Tahun 2011 s.d. 2013
diperoleh WP
reksadana yang
terdaftar pada BPPM 15% Tahun 2014 dan seterusnya
dan LK
(Rates 25% of the gross amount of lottery prizes, based on Government Regulation No.
132/2000)
3. Income from shares and other securities transactions, derivatives transactions traded on
the exchange, and the sale of shares or transfer of equity participation in the company's
partner received by the venture capital company.
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Penjualan saham pendiri,
ditambah dengan 5% dari
(kecuali saham pendiri perusahaan jumlah bruto nilai PP No. 17/2009
pasangan usaha yang dimiliki oleh transaksi penjualan
perusahaan modal ventura)
Transaksi Derivatif 2,5% dari margin awal PP No. 17/2009
Penjualan saham atau pengalihan 0,1% dari jumlah bruto
penyertaan modal pada perusahaan nilai transaksi penjualan
PP No. 4/1995
pasangannya yg diterima oleh saham atau pengalihan
perusahaan modal ventura penyertaan modal
4. Income from transfer of property in the form of land and / or buildings, construction
services business, real estate business, and rental of land and / or buildings.
Non Kualifikasi 6% 4% 6%
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Exclusion Tax Object
• Exempted from the tax object is:
1. a) Any help or donations, including zakat received by amil zakat board or other amil zakat
institutions established or approved by the government and received by recipients who
are entitled or compulsory religious donations for recognized religious adherents to
religions recognized in Indonesia, which is received by religious institutions established
and approved by the government and received by recipients who are entitled, the
provisions stipulated by or based on government Regulation.
b) treasure in planned to donate received by the family of the blood in the direct lineage of
one degree, religious bodies, educational institutions, social agencies including
foundations, cooperatives, or private persons who run micro and small businesses, the
provisions stipulated by or based on regulation Finance, as long as no relationship with
business, employment, ownership, or control between the parties concerned.
2. Heritage
7. Fees received or accrued pension fund whose establishment was approved Minister of
Finance, both of which are paid by employers and employees.
8. Income from capital invested by pension funds in certain areas defined by the Ministry of
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Finance.
10. Income received or accrued by a venture capital company in the form of profit
distribution of business partner that is established and conducting business or activities in
Indonesia, on the condition that the business partner agencies:
11. Scholarships that meet certain requirements provisions further stipulated by or based
PMK
12. The rest is derived by a non-profit agency or institution engaged in education and / or
research and development, which has been registered in the institution membidanginya,
reinvested in the form of facilities and infrastructure of educational activities and / or research
and development, within a maximum period of 4 years from obtaining the remainder over,
the provisions further stipulated by or based PMK
13. Help or compensation paid by the Social Security Agency to the particular taxpayer, the
provisions further stipulated by or based on the PMK.
Non-taxable income
• Non-taxable income per year is given the least amount of:
Status PTKP
• The calculation of Non - taxable income determined by the status of the taxpayer at the
beginning of the tax year or in the early part of the tax year.
Taxable Income
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The tax rates applied to taxable income for:
a. Income from business or activities of the permanent establishment and from property
owned or controlled
c. Income Tax Article 26, derived by a central office, all there is an effective connection
between the permanent establishment with possessions or activities that provide income
in question
Ø Costs associated with the income referred to in letters b and c above may be deducted from
the income of the permanent establishment
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a. Central office administration costs are allowed to be charged is the cost associated with
business or activities of the permanent establishment, as determined by the Director
General of Taxes
b. Payments to the central office who are not allowed to be deducted as expenses are:
c. Payment as mentioned in paragraph b received or obtained from the central office is not
regarded as taxable income, except for interest relating to the banking business
SUMMARY OF
UU NO. 42 YEAR 2009
ABOUT VALUE ADDED TAX AND LUXURY SALES TAX
objects VAT
VAT is charged to:
handover Taxable Goods customs areas which do by entrepreneurs;
Taxable import Goods;
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handover taxable service customs areas which do by entrepreneurs;
utilization of taxable intangible goods from outside the Customs Area in the Customs
Area;
utilization of taxable service from outside the Customs Area in the Customs Area;
taxable export tangible Goods by businessman ; and
Taxable export intangible Goods by businessman; or taxable export service by
businessman.
Besides the imposition of value added tax referred to in Article 4 paragraph (1), Also subject
to Sales Tax on Luxury Goods on:
a. handover Goods hit Taxes are classified luxurious conducted o leh entrepreneurs who
produce goods those in the Customs Area in activity business or work;
b. and imports Goods hit Taxes are classified luxurious
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services are provided by Government in framework run government in general;
service of provision parking place;
service of public telephone metal money ;
service of money delivery money with wesel pos; and
service of food catering.
VAT rates
Value Added Tax rate is 10%.
Value Added Tax rate of 0% is applied on:
export of taxable tangible Goods hit Tax tangible;
export of taxable intangible Goods; and / or
export of taxable service.
Tax rate of 10% mentioned above, can be converted into at least 5% and as high as 15%, the
change in tariffs regulated by the government.
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Tax invoice
Tax Invoice is evidence of tax payment made by the taxable enterprise(s) (PKP) which make
delivery of taxable goods or rendering of Taxable Services.
taxable enterprise(s) shall make a Tax Invoice for each:
1. handover taxable Goods hit tax;
2. handover taxable service hit tax;
3. export of taxable tangible Goods; and / or
4. export of taxable service .
taxable enterprise(s) can make one Tax Invoice to covers the entire submission made to the
purchaser of taxable goods or the recipient of taxable services at the same during the first
month of the calendar.
Things that should be included in the Tax Invoice:
A Tax Invoice must be stated information on the delivery of taxable goods and / or rendering
of taxable services which shall contain:
1. name, address, and Number principal compulsory Taxes were handed taxable Goods
or taxable service ;
2. name, address, and Number principal compulsory of Tax buyer for taxable Goods or
receiver of taxable service ;
3. type goods or services, Price or price of Replacement, and discount;
4. Tax added Values that collected;
5. Tax added value on Luxury Goods collected;
6. code, number series, and date manufacture Invoice Tax; and
7. name and signature of Invoice Taxes.
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CHAPTER III
CONCLUSION AND SUGGESTION
3.1 Conclusion
This Income Resume explains most of the substance contained in the Income Tax Act
(UU PPh)No. 36 Year 2008. This resume explains the definition of income, subject to tax, the
incidence of subjective liability, tax object, taxation final, subject and object of the tax
exemption, costs, taxable income, up slightly on the BUT (Permanent Establishment).
The legal basis for the imposition of VAT is Law No. 8 of 1983 on Value Added Tax on
Goods and Services and Sales Tax on Luxury Goods as amended by Act No. 42 of 2009
along with its implementing regulations.
Parties are obliged by law to paid VAT is a taxable enterprise(s)/ Pengusaha Kena Pajak
(PKP) that entrepreneurs who make delivery of taxable goods and / or rendering of taxable
services that are taxed based on the Law of Value Added Tax. While the definition of
entrepreneur is an individual or entity in any form which in the course of business or work,
produces goods, imported goods, exports of goods carry trading business, take advantage of
intangible goods from outside the Customs Area including export services, or utilize the
services from outside the Customs Area.
1.2 Suggestion
It will be good if the Direktorat Jendral Pajak makes a summary for every tax
regulation, so people will more easy to find the point of view of a regulation.
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BIBLIOGRAPHY
http://ketentuan.pajak.go.id/index.php?r=aturan/rinci&idcrypt=oJeko6A%3D
http://ketentuan.pajak.go.id/index.php?r=aturan/cetak&idcrypt=oJifpKE=
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