Finance Minister Regulation on Tax Amnesty for Taxpayers With Special Purpose Vehicle is Enacted

Photo Caption: Minister of Finance Sri Mulyani Indrawati

In order to provide legal certainty for Taxpayers who have indirect assets in form of Special Purpose Vehicles (SPVs) through Law Number 11 of  2016, Minister of Finance Sri Mulyani Indrawati on 23 August 2016 signed Finance Minister Regulation Number 11 of  2016 on Tax Anmesty for Taxpayers with Indirect Assets in form of Special Purpose Vehicles (SPVs).

In the Minister Regulation, Special Purpose Vehicles means any companies which : a. are established solely to perform certain functions for the benefit of its founders, including investment purchase and / or financing; and b. are not active for business activities.

Taxpayers who submit Asset Declaration Letter must disclose the ownership of the assets and its debt that directly attributed to the amount of asset which is disclosed in the appendix of submitted Declaration Letter.

“To disclose the ownership of the assets as intended: a the value of indirect assets owned by Taxpayers who have not reported their assets in form of shareholding of their SPVs in the Annual Tax Assessment (SPT) of the latest Income Tax, is based on the value of indirect assets owned by Taxpayers in form of the SPVs,” Article 3 paragraph (2) of the Regulation says.

Article 3 paragraph (2) continues: b. if Taxpayers have reported their shareholdings of their SPVs in the Annual Tax Assessment (SPT) of the latest Income Tax, the added value of indirect assets through SPVs is based on the value of indirect assets through SPVs minus the value of shareholding which is reported in the Annual Tax Assessment (SPT) of the latest Income Tax is multiplied by the proportion of the value of each indirect assets through SPVs.

The Finance Minister Regulation also stated that if indirect assets through SPVs is owned by more than one Taxpayer, the value of assets for each Taxpayer and its debt relating to the assets which are disclosed by the Taxpayers will be counted proportionally in accordance with the ownership proportion on SPVs of each Taxpayer.

Taxpayers who submitt Asset Declaration Letter and disclose all of their indirect assets through SPVs must remove the ownership of the SPVs by applying transfer of rights contract for the assets, including:

1. from originally registered in the name of SPVs to the name of Taxpayer who submitted Asset Declaration Letter; or
2. from originally registered in the name of SPVs to the name of legal entity in Indonesia through the process of transfer of assets by using book value.

“Legal entity in Indonesia as intended by point (2) means legal entity in form of limited liability company that the shares are owned by the same Taxpayer as the one who submitted Asset Declaration Letter and disclose all of their indirect assets through SPVs,” article 5 paragraph (2) of that Finance Minister Regulation says.

Relating transfer of rights for the assets, the Regulation says that the details must be mentioned in the appendix of  Declaration Letter by providing information or explanations related to the transfer of assets as intended.

Transfer of rights for the assets includes: a. immovable assets in form of land and/or building in Indonesia; and/or b. shares which are not the subject of  income tax if the transfer of rights agreement for the assets mentioned above is signed no later than December 31, 2017.

“If the transfer of rights agreement is signed later than December 31, 2017, it will be taxed in accordance with the provisions of the Law regulating Income Tax,” Article 6 paragraph 2 of the Finance Minister Regulation says.

Tax amnesty for Taxpayers with indirect assets in form of SPVs who do not comply with the provisions, shall follow the Finance Minister Regulation Number 118/PMK.03/2016 on the Implementation of Law Number 11 of 2016 on Tax Amnesty and its amendment.

“This Ministerial Regulation shall apply as of the date of its enactment” Article 9 of the Finance Minister Regulation No. 127/PMK.010/2016 which is promulgated by Director General for Law and Regulation of the Ministry of Law and Human Rights Widodo Ekatjahjana on 23 August 2016 says. (JDIH Kemenkeu/ES)(RAS/MMB/YM/Naster)