To:Clients of Salaki & Salaki
Re:Tax Alert – Other Types of Services as Object of
Income Tax Art. 23
Ministry of Finance Regulation (PMK) Number 141/PMK.03/2015regarding other types of services as referred in Article 23 Paragraph (1) LetterC Number 2 of Tax Law Number 7 Year 1983 regarding Income Tax as amended several times latest with Tax Law Number 36 Year 2008.
- PMK 141/PMK.03/2015 replaces PMK 244/PMK.03/2008.This PMK regulates about other types of services as referred in Article 23 Paragraph (1) Letter C Number 2 of Income Tax Law Number 7 Year 1983 regarding Income Tax as amended several times with Tax Law Number 36 Year 2008.
- PMK 141/PMK.03/2015 mentions the new types of services that become objects of Income Tax Art. 23. Therefore, there are additional objects of Income Tax Art. 23 after this regulationenters into force.
- PMK 141/PMK.03/2015 also regulates further provision, which previously was discussedin SE-53/PJ/2009,on the definition ofincomegross amount as the base for Income Tax Art. 23 with-holdingas referred in this regulation. (Article 1 Paragraph 3 , 4 and 5)
- The new other types of services that become objects of Income Tax Art. 23 after the entry into force of this PMK are as follows:
- Legal services
- Architectural services
- Urban planning and landscape architectural services
- Making of promotional film, commercials, poster, photo, slide, photo negative, banner, pamphlet, billboards and folder services
- Website creation or website management services
- Internet services including internet connection services
- Storage, processing, and/or distribution of data, information and/or program services
- Maintenance services of vehicle and/or land, marine or air transportation
- Septic tank suction services
- Pool maintenance services
- Freight forwarding services (the definition is described in Article 2 Paragraph 6)
- Logisticsservices
- Document management services
- Loadingand unloading services
- Laboratory and testing services except for services performed by educational institutions for academic research
- Parking management services
- Ground drilling services
- Preparation and land processing services
- Nursery seedlings and planting seedlings services
- Plant (vegetation) maintenance services
- Harvesting services
- Processing of agricultural, plantation, fishery, livestock and/or forestry products services
- Decoration services
- Printing or publishing services
- Translation services
- Transport or forwarding services except those thatareregulated in Art. 15 of Income Tax Law
- Port services
- Transport through pipelines services
- Child day care management services
- Training and courses services
- Cash transfer and deposit to ATM services
- Certification services
- Survey services
- Tester services
- Other services for which payment is charged to State Government Budget(APBN) or Provincial Government Budget (APBD)
- There are additional types of mining support services for geothermal and oil & gas mining, which become objects of Income Tax Art. 23 with-holding. The detailscan be found on Article 2 Paragraph (1) Letter s - aq.
- There are additional types of mining services and mining support services for other mining besides oil & gas, which become objects of Income Tax Art. 23 with-holding. The details can be found on Article 2 Paragraph (2) Letter i - m.
PMK No. 141/PMK.03/2015 is enacted on July 27,2015. This regulation becomes effective 30 days after the date of enacting, which is August 27, 2015.
Attached with this Tax Alert is a copy of PMK 141/PMK.03/2015.
Please note that this TAX ALERT is by no means a summary of all the main issues covered in and concerns arising from the stated above new tax regulation.
KAP SALAKI-SALAKI
The Manhattan Square
Mid – Tower Lt. 16, Zone A
Jl. TB Simatupang Kav. 1S, Jakarta Selatan