Procedure of Transfer of Asset for Taxpayers

In order to carry out the provision of Article 24 letter c Law Number 11 of 2016 on Tax Amnesty, Minister of Finance Sri Mulyani Indrawati, on 8 August 2018, signed Minister of Finance Regulation (PMK) Number 122/PMK.08/2016 on the Procedure of Taxpayers’ Transfer of Assets to the Unitary State of the Republic of Indonesia (NKRI) and Investment outside Financial Markets as part of Tax Amnesty Program.

According to this Regulation, Tax Amnesty shall be given to Taxpayers who mention their assets in a Letter of Statement. These assets shall include: a. the assets inside the territory of NKRI; and/or b. the assets outside the territory of NKRI.

Should the assets mentioned are outside the territory of NKRI, the taxpayers can transfer their fund to Indonesia. “The transfer of fund shall be credited to Special Account (a Taxpayer account that specially opened in a Perception Bank that is appointed as a gateway by Minister of Finance) in a Perception Bank (a Public Bank appointed by Minister of Finance) that is appointed as the same gateway,” Article 3 paragraph (2) of the PMK says.

Should the fund has brought by the Taxpayers to the territory of NKRI after 31 December 2015 and before the Letter of Statement is issued, the aforesaid Assets are considered as the Assets outside the territory of NKRI which are transferred to the territory of NKRI and it should be invested, as part of Tax Amnesty program. The transfer must be proven by a competent authority.

“In Tax Amnesty program, investment shall be carried out for three years in minimum since the fund transferred by the Taxpayers to a Special Account through a Perception Bank appointed as a gateway,” Article 3 paragraph (5) of this PMK says.

Based on the PMK, to accommadate the transferred fund, the Taxpayers shall open a Special Account in a Perception Bank appointed as gateway. The opening of the Account shall be carried out after the Taxpayers receive a Letter of Statement (issued by Minister of Finance as an evidence that Tax Amnesty is granted) and it shall be carried out based on the regulations/provisions of the related authority.

The PMK asserted that the Perception Bank that is appointed as a gateway shall report to Directorate General of Taxation on the opening of the Special Account and transfer to Perception Bank that is appointed as a gateway.
The fund that has been transferred to the Special Account can be invested in: a. infrastructure, through Government cooperation with business entity; b. real sector, based on priorities set up by the Government; c. property sector, for example land and/or buildings build on the land; d. direct investment to the companies in NKRI’s territory; e. precious metals, for example gold bar; and/or f. other investments outside financial markets based on the provisions of laws and regulations.

“The aforesaid investment cannot be transferred abroad before the period is finished (3 years), as intended by Article 3 paragraph (5),” Article 6 paragraph (3) of the PMK says. However, the aforesaid investment can be transferred to the territory of NKRI through a transaction or commerce activities.

If the Taxpayers carry out divestment, selling, or transfer of possession, according to this PMK, the principal value of investment or profit from the investment shall be deposited to the Special Account in Perception Bank appointed as a gateway where the Taxpayers invest.

“The profit from the investment shall be able to be withdrawn at the first quarter in the following year or when the minimum period of investment, since the fund placed in the Special Account, has ended,” Article 9 paragraph (2) of the PMK says.

Required to Report

Based on this PMK, the Perception Bank that is appointed as a gateway must make a report to Directorate General of Taxation on the opening of and transfer of fund to Special Account, and investment position of the Taxpayers every month and/or whenever there is transfer of fund between Perception Banks that are appointed as gateway.

“The report of opening and transfer of fund to Special Account shall be reported in 5 (five) working days in the following month, at the latest,” Article 13 paragraph (2) of the PMK says.

The report made by Perception Bank can be used as a material for Directorate General of Taxation to monitor the investment of Taxpayers during the period of investment (3 years) as intended by Article 3 paragraph (5).

“This Minister Regulation shall apply as of the date of its enactment,” says Article 15 of Minister of Finance Regulation Number 122/PMK.08/2016, that has been promulgated by Director General of Law and Regulations of the Ministry of Law and Human Rights Widodo Ekatjahjana, on 8 August 2016. (JDIH Kemenkeu/ES) (MMB/YM/Naster)