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Status : Berlaku
MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA REGULATIONNUMBER 69/PMK.03/2022CONCERNING
INCOME TAX AND VALUE ADDED TAX ON THE IMPLEMENTATION OF FINANCIAL TECHNOLOGY BY THE GRACE OF ALMIGHTY GOD THE MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA, |
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Considering |
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a.
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that to provide legal certainty and administrative convenience in the fulfillment of tax obligations on transactions in the implementation of financial technology, it is necessary to regulate the appointment of Withholding agents and the imposition of Income Tax on income in connection with lending service transactions as well as the Value Added Tax treatment on the implementation of financial technology services;
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b.
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that based on the considerations referred to in letter a and to implement the provisions under Article 44E paragraph (2) subparagraph f of Law Number 6 of 1983 concerning General Provisions and Tax Procedures as amended several times, last amended by Law Number 7 of 2021 concerning the Harmonisation of Tax Regulations, it is necessary to enact a Minister of Finance Regulation concerning Income Tax and Value Added Tax on the Implementation of Financial Technology;
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In view of |
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1.
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Article 17 paragraph (3) of the 1945 Constitution of the Republic of Indonesia;
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2.
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Law Number 6 of 1983 concerning General Provisions and Tax Procedures (State Gazette of the Republic of Indonesia of 1983 Number 49, Supplement to the State Gazette of the Republic of Indonesia Number 3262) as amended several times, last amended by Law Number 7 of 2021 concerning the Harmonisation of Tax Regulations (State Gazette of the Republic of Indonesia of 2021 Number 246, Supplement to the State Gazette of the Republic of Indonesia Number 6736);
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3.
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Law Number 7 of 1983 concerning Income Tax (State Gazette of the Republic of Indonesia of 1983 Number 50, Supplement to the State Gazette of the Republic of Indonesia Number 3263) as amended several times, last amended by Law Number 7 of 2021 concerning the Harmonisation of Tax Regulations (State Gazette of the Republic of Indonesia of 2021 Number 246, Supplement to the State Gazette of the Republic of Indonesia Number 6736);
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4.
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Law Number 8 of 1983 concerning Value Added Tax on Goods and Services and Sales Tax on Luxury Goods (State Gazette of the Republic of Indonesia of 1983 Number 51, Supplement to the State Gazette of the Republic of Indonesia Number 3264) as amended several times, last amended by Law Number 7 of 2021 concerning the Harmonisation of Tax Regulations (State Gazette of the Republic of Indonesia of 2021 Number 246, Supplement to the State Gazette of the Republic of Indonesia Number 6736);
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5.
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Law Number 39 of 2008 concerning State Ministries (State Gazette of the Republic of Indonesia of 2008 Number 166, Supplement to the State Gazette of the Republic of Indonesia Number 4916);
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6.
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Government Regulation Number 25 of 2009 concerning Income Tax on Sharia-Based Businesses (State Gazette of the Republic of Indonesia of 2009 Number 48, Supplement to the State Gazette of the Republic of Indonesia Number 4988);
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7.
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Presidential Regulation Number 57 of 2020 concerning the Ministry of Finance (State Gazette of the Republic of Indonesia of 2020 Number 98);
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8.
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Minister of Finance Regulation Number 118/PMK.01/2021 concerning the Organisation and Work Procedures of the Ministry of Finance (Official Gazette of the Republic of Indonesia of 2021 Number 1031);
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HAS DECIDED:
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To enact |
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MINISTER OF FINANCE REGULATION CONCERNING INCOME TAX AND VALUE ADDED TAX ON THE IMPLEMENTATION OF FINANCIAL TECHNOLOGY.
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CHAPTER I
GENERAL PROVISIONS Article 1 |
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Referred to herein this Minister of Finance Regulation:
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1.
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Income Tax Law is Law Number 7 of 1983 concerning Income Tax and the amendments thereto.
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2.
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Value Added Tax Law is Law Number 8 of 1983 concerning Value Added Tax on Goods and Services and Sales Tax on Luxury Goods and the amendments thereto.
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3.
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Income Tax is Income Tax stipulated under the Income Tax Law.
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4.
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Article 23 Income Tax is Income Tax stipulated under Article 22 of the Income Tax Law.
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5.
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Article 26 Income Tax is Income Tax stipulated under Article 22 of the Income Tax Law.
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6.
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Value Added Tax is Value Added Tax stipulated under the Value Added Tax Law.
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7.
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Service is any service based on an engagement or legal action that causes goods, facilities, conveniences or rights to be available for use, including services performed to produce goods due to orders or demands with materials and based on instructions from the customer.
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8.
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Taxable Services are services subject to tax pursuant to the Value Added Tax Law.
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9.
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Entrepreneur is any individual or entity in whatever form that in the course of business or work produces goods, imports goods, exports goods, conducts trading business, utilises intangible goods from outside the Customs Territory, conducts service businesses, including exporting services or utilises services from outside the Customs Territory.
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10.
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Taxable Person is an entrepreneur supplying Taxable Goods and/or supplying Taxable Services that are subject to tax pursuant to the Value Added Tax Law.
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11.
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Reimbursement is the value in money, including all costs charged or which should be charged by an entrepreneur due to supplies of Taxable Services, exports of Taxable Services or exports of Intangible Taxable Goods but excluding Value Added Tax that is withheld pursuant to this Law and price discounts listed in the Tax Invoice or the value in money that is paid or should be paid by the Service Recipient due to utilisation of Taxable Services and/or by the beneficiary of Intangible Taxable Goods due to utilisation of Intangible Taxable Goods from outside the Customs Territory within the Customs Territory.
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12.
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Peer to Peer Lending Services, hereinafter referred to as Lending Services is the implementation of services to bring lenders and borrowers together to enter into lending agreements directly through an electronic system using the internet network, including those implementing sharia principles.
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13.
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Lending Service Provider is an Indonesian legal entity that provides, manages and operates Lending Services.
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14.
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Withholding Receipt is a document in the form of a form or other equivalent documents pursuant to statutory provisions in the field of taxation, prepared by Withholding Agents as withholding receipt and shows the amount of Income Tax that has been withheld.
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15.
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Tax Return is a letter used by taxpayers to report the calculation and/or payment of taxes, taxable objects and/or non-taxable objects and/or assets and liabilities pursuant to statutory provisions in the field of taxation.
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16.
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Implementation of Financial Technology is the activity of using technology in the financial system that produces new products, services, technology and/or business models and may impact on monetary stability, financial system stability, and/or efficiency, smoothness, security and reliability of payment systems.
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17.
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Electronic Money is a payment instrument issued based on the source of funds in the form of rupiah currency remitted in advance to the payment Service provider administering the source of funds and the said source of the funds in the form of rupiah value is stored electronically in a media server or chip.
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18.
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Card-Based Payment Instrument is a payment instrument in the form of a credit card, automated teller machine (ATM) card and/or debit card.
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19.
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Electronic Wallet is the provision of electronic services to store data on payment instruments which may be in the form of Card-Based Payment Instruments and/or Electronic Money, which can accommodate funds, to perform payments.
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20.
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Payment Gateway is the provision of electronic services that enable merchants to process payment transactions using Card-Based Payment Instruments, Electronic Money and/or proprietary channels.
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21.
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Switching Service is the provision of infrastructure that functions as a center and/or link for forwarding payment transaction data through a network using Card-Based Payment Instruments, Electronic Money and/or fund transfers.
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22.
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Clearing is a service of the calculation of financial rights and obligations by each issuer and/or acquirer after the implementation of transactions using Card-Based Payment Instruments, Electronic Money and/or fund transfers.
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23.
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Final Settlement is the final settlement services for financial rights and obligations by each issuer and/or acquirer based on calculation results from the Clearing provider.
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24.
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Fund Transfer is a series of activities that commences with an instruction from the original sender to transfer a certain amount of funds to the beneficiary specified in the Fund Transfer instruction until the funds are received by the beneficiary.
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25.
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Securities are securities, namely acknowledgment of debt, commercial paper, shares, bonds, debt certificate, participation units of collective investment contracts, futures contracts on securities and all derivatives of Securities.
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26.
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Investment Management is the provision of electronic means of communication used to manage investments which may be in the form of advance algorithms, cloud computing, capabilities sharing, open-source information technology, automated advice and management, social trading and retail algorithmic trading.
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27.
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Market Support Services are services used to facilitate faster and cheaper provision of information related to financial products and/or Services to the public in the form of artificial intelligence/machine learning, machine- readable news, social sentiment, big data, market information platform and automated data collection and analysis.
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28.
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Minister is the minister who administers governmental affairs in the field of state finances.
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CHAPTER II
INCOME TAX TREATMENT ON INCOME IN THE FORM OF LOAN INTEREST IN THE IMPLEMENTATION OF LENDING SERVICES Article 2 |
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(1)
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Entrepreneurs in Lending Services consist of:
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a.
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lenders;
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b.
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borrowers; and
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c.
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Lending Service Providers.
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(2)
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The lender receives or accrues income in the form of loan interest paid by the borrower through the Lending Service Provider.
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(3)
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Income in the form of interest referred to in paragraph (2) is interest in whatever name and form or yield based on sharia principles.
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(4)
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Loan interest received by the Lending Service Provider from the borrower does not constitute income for the Lending Service Provider.
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(5)
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Loan interest paid by the Lending Service Provider to the lender does not constitute a cost and cannot be taken into account as a deduction from gross income in determining the amount of taxable income for the Lending Service Provider.
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Article 3 |
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(1)
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Interest income referred to in Article 2 paragraph (2) is income that must be filed in the lender’s annual Tax Return.
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(2)
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Interest income received or accrued by the lender referred to in Article 2 paragraph (2) shall be subject to the withholding of:
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a.
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Article 23 Income Tax, in the event that the income recipient is a resident taxpayer and a permanent establishment; or
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b.
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Article 26 Income Tax, in the event that the income recipient is a non-resident taxpayer other than a permanent establishment.
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(3)
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Withholding rate of:
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a.
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Article 23 Income Tax referred to in paragraph (2) subparagraph a amounts to 15% (fifteen per cent) of the gross amount of interest; or
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b.
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Article 26 Income Tax referred to in paragraph (2) subparagraph b amounts to 20% (twenty per cent) of the gross amount of interest or in accordance with the provisions under the tax treaty.
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(4)
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Lending Service Providers are appointed to collect Income Tax referred to in paragraph (2).
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(5)
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Lending Service Providers referred to in paragraph (4) are Lending Service Providers that already have licenses and/or are registered with the Financial Services Authority.
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(6)
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For payments of interest income to the lender that have been subject to Withholding Tax by the Lending Service Providers referred to in paragraph (4) and paragraph (5), no Withholding Tax shall be carried out by the borrower.
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(7)
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In the event that interest income is paid other than through a Lending Service Provider that already has a license and/or is registered with the Financial Services Authority as referred to in paragraph (5), Withholding Tax on interest income is carried out pursuant to statutory provisions in the Income Tax sector.
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(8)
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Sample calculation of and Withholding Tax on loan interest referred to in paragraph (2) are outlined in the Appendix which constitutes an integral part of this Ministerial Regulation.
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Article 4 |
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(1)
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Lending Service Providers referred to in Article 3 paragraph (4):
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a.
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are obliged to prepare a Withholding Receipt and provide the said Withholding Receipt to the lender;
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b.
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are obliged to remit Article 23 Income Tax and Article 26 Income Tax that have been withheld into the State Treasury; and
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c.
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are obliged to file Article 23 Withholding Tax and Article 26 Withholding Tax in the Periodic Income Tax Returns.
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(2)
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Lending Service Providers referred to in paragraph (1) may prepare 1 (one) Withholding Receipt for all loan interest payment transactions received by 1 (one) lender in 1 (one) Taxable Period.
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(3)
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Procedures for the preparation of the Withholding Receipt, remittance of Withholding Tax and filing of Periodic Income Tax Returns referred to in paragraph (1) shall be implemented pursuant to statutory provisions in the field of taxation.
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Article 5 |
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(1)
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Lending Service Providers may receive or accrue income in the form of fees, commissions, ujrah or other remunerations in whatever name and form from the borrower and/or lender in connection with the implementation of lending Services.
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(2)
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Included in the income referred to in paragraph (1) is the excess of the loan interest value, in the event that the loan interest value referred to in Article 2 paragraph (2) paid by the borrower to the Lending Service Provider is greater than the loan interest value paid by the Lending Service Provider to the lender.
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(3)
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Income referred to in paragraph (1) received by the Lending Service Provider that already has a license and/or is registered with the Financial Services Authority shall not be subject to Withholding Tax by the borrower and/or lender.
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(4)
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Income received or accrued by the Lending Service Provider referred to in paragraph (1) and paragraph (2) must be filed in the Annual Tax Return of the Lending Service Provider.
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CHAPTER III
VALUE ADDED TAX TREATMENT ON THE IMPLEMENTATION OF FINANCIAL TECHNOLOGY Section One
General Article 6 |
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(1)
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Value Added Tax is imposed on supplies of Implementation of Financial Technology Services by Entrepreneurs.
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(2)
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Implementation of Financial Technology Services referred to in paragraph (1) are in the form of:
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a.
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the provision of payment services;
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b.
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investment transaction settlement;
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c.
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the implementation of capital raising;
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d.
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Lending Services;
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e.
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Investment Management;
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f.
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the provision of online insurance product services;
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g.
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Market Support Services; and
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h.
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digital financial support services and other financial services.
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(3)
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The provision of payment services referred to in paragraph (2) subparagraph a shall be at least in the form of:
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a.
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Electronic Money;
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b.
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Electronic Wallet;
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c.
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Payment Gateway;
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d.
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Switching Services;
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e.
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Clearing;
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f.
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Final Settlement; and
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g.
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Fund Transfer.
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(4)
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The transaction settlement referred to in paragraph (2) subparagraph b shall at least be in the form of the provision of integrated electronic means of communication services that support Securities transaction settlement by overbooking.
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(5)
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The implementation of capital raising referred to in paragraph (2) subparagraph c shall at least be in the form of equity crowdfunding, namely the implementation of Securities offering services by issuers to sell Securities directly to investors through an open electronic system network.
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(6)
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The provision of online insurance products services referred to in paragraph (2) subparagraph f are the provision of electronic means of communication services in the context of facilitating transactions between insurance companies and policyholders, which shall at least be in the form of offering travel insurance products by Electronic Commerce Operators.
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(7)
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Market Support Services referred to in paragraph (2) subparagraph g are services that are at least in the form of:
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a.
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the provision of comparative data on product information; and
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b.
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the provision of comparative data on financial services.
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(8)
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Digital financial support and other financial services referred to in paragraph (2) subparagraph h shall at least be in the form of:
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a.
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eco crowdfunding;
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b.
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Islamic digital financing, ewaqf and e-zakat;
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c.
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robo advise and credit scoring;
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d.
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invoice trading;
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e.
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vouchers or tokens; and
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f.
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blockchain application-based products.
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Section Two
Provision of Payment Services, Settlement of Investment, Implementation of Capital Raising, Lending Services, Investment Management, Provision of Online Insurance Product Services, Market Support Services as well as Digital Financial Support and Other Financial Services Article 7 |
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(1)
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Types of Electronic Money services referred to in Article 6 paragraph (3) subparagraph a are at least in the form of:
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a.
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registration of Electronic Money holders;
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b.
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top up;
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c.
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payments of transactions;
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d.
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Fund Transfers; and
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e.
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cash withdrawals.
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(2)
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Types of Electronic Wallet services referred to in Article 6 paragraph (3) subparagraph b are at least in the form of:
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a.
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top up;
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b.
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cash withdrawals through other parties cooperating with Electronic Wallet organisers or using delivery channels of other parties;
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c.
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payments of transactions;
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d.
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payments of bills;
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e.
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Fund Transfers; and/or
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f.
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pay later services.
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(3)
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Types of Payment Gateway services referred to in Article 6 paragraph (3) subparagraph c shall be at least in the form of:
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a.
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the forwarding of payment transaction data (facilitator) from merchants to acquirers or issuers of Card-Based Payment Instruments; and
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b.
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the forwarding of payment transaction data (facilitator) from merchants to acquirers or issuers of Card-Based Payment Instruments and payment settlements from acquirers.
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Article 8 |
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(1)
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Money in Electronic Money or Electronic Wallet media, including bonus points, top up points, reward points and loyalty points, constitute goods that are not subject to Value Added Tax.
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(2)
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Activities of:
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a.
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Electronic Money services referred to in Article 6 paragraph (3) subparagraph a;
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b.
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Electronic Wallet services referred to in Article 6 paragraph (3) subparagraph b;
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c.
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Payment Gateway services referred to in Article 6 paragraph (3) subparagraph c;
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d.
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Switching services referred to in Article 6 paragraph (3) subparagraph d;
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e.
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Clearing services referred to in Article 6 paragraph (3) subparagraph e;
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f.
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Final Settlement services referred to in Article 6 paragraph (3) subparagraph f; and
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g.
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Fund Transfer services referred to in Article 6 paragraph (3) subparagraph g,
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constitute Taxable Services. | |||
(3)
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Included in Fund Transfer services referred to in paragraph (2) subparagraph g, are blockchain technology or distributed ledger services for the implementation of Fund Transfers.
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Article 9 |
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(1)
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Entrepreneurs implementing payment system services that have been registered as Taxable Persons are obliged to collect, remit and file Value Added Tax payable on supplies of Taxable Services referred to in Article 8 paragraph (2).
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(2)
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Value Added Tax payable referred to in paragraph (1) is calculated by multiplying the rate stipulated under Article 7 paragraph (1) of the Value Added Tax Law by the Tax Base.
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(3)
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Tax Base referred to in paragraph (2) is in the form of Reimbursement, amounting to the fees, commissions, merchant discount rates or other remunerations in whatever name and form received by the provider.
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(4)
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Included in the Reimbursements for supplies of Electronic Money services referred to in Article 6 paragraph (3) subparagraph a, are administrative fees requested by an Electronic Money issuer, including the price of the card accepted by the Electronic Money issuer.
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(5)
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Not included as Reimbursements for supplies of:
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a.
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Final Settlement services referred to in Article 6 paragraph (3) subparagraph f, namely the Final Settlement value of financial rights and obligations based on calculation results from the Clearing provider.
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b.
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Fund Transfer services referred to in Article 6 paragraph (3) subparagraph g, namely the value of funds received by the Fund Transfer provider from the sender of funds to be transferred to the beneficiary’s account.
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(6)
|
Excluded from the imposition of Value Added Tax referred to in paragraph (2) are supplies of Fund Transfer services within the same bank to customers holding current accounts, time deposits, deposit certificates, savings accounts and/or other equivalent forms, shall be exempt from the imposition of Value Added Tax pursuant to statutory provisions in the field of taxation.
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Article 10 |
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(1)
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The investment transaction settlement referred to in Article 6 paragraph (2) subparagraph b constitutes a Taxable Service.
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(2)
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Investment transaction settlementproviders that have been registered as Taxable Persons are obliged to collect, remit and file Value Added Tax payable on supplies of Taxable Services referred to in paragraph (1).
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(3)
|
Value Added Tax payable referred to in paragraph (2) is calculated by multiplying the rate stipulated under Article 7 paragraph (1) of the Value Added Tax Law by the Tax Base.
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(4)
|
Tax Base referred to in paragraph (3) is in the form of Reimbursement amounting to the fees, commissions or other remunerations in whatever name and form received by the investment transaction settlement provider.
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Article 11 |
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(1)
|
The implementation of capital raising referred to in Article 6 paragraph (2) subparagraph c constitutes a Taxable Service.
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(2)
|
Capital raising providers that have been registered as Taxable Persons are obliged to collect, remit and file Value Added Tax payable on supplies of Taxable Services referred to in paragraph (1).
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(3)
|
Value Added Tax payable referred to in paragraph (2) is calculated by multiplying the rate stipulated under Article 7 paragraph (1) of the Value Added Tax Law by the Tax Base.
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(4)
|
Tax Base referred to in paragraph (3) is in the form of Reimbursement amounting to the fees, commissions or other remunerations in whatever name and form received by the capital raising providers.
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Article 12 |
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(1)
|
Crowdfunding services referred to in Article 6 paragraph (5) are supplied by the crowdfunding service provider to the Securities issuer and/or investors, that issue and purchase Securities through crowdfunding services whose funds are sourced from the investors.
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(2)
|
In connection with the services referred to in paragraph (1), investors shall provide fund placement or financing Services to the Securities issuer through the facilities provided by the crowdfunding service provider.
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Article 13 |
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(1)
|
Lending Services referred to in Article 6 paragraph (2) subparagraph d are supplied by the Lending Service Provider to the lender and/or borrower, that has debts or receivables due to the Lending Service agreement of which the funds are sourced from the lender.
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(2)
|
In connection with the services referred to in paragraph (1), the lender supplies fund placement, lending or financing services to the borrower through the facilities provided by the Lending Service Provider.
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Article 14 |
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(1)
|
Lending Services referred to in Article 6 paragraph (2) subparagraph d constitute Taxable Services.
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(2)
|
Lending Service Providers that have been registered as Taxable Persons are obliged to collect, remit and file Value Added Tax payable on supplies of Taxable Services referred to in paragraph (1).
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(3)
|
Value Added Tax payable referred to in paragraph (2) is calculated by multiplying the rate stipulated under Article 7 paragraph (1) of the Value Added Tax Law by the Tax Base.
|
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(4)
|
Tax Base referred to in paragraph (3) is in the form of Reimbursement, amounting to the fees, commissions or other remunerations in whatever name and form received by the Lending Service Provider.
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(5)
|
Included in the Reimbursement referred to in paragraph (4) is the excess loan interest value referred to in Article 5 paragraph (2).
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Article 15 |
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(1)
|
Fund placement or financing services by investors referred to in Article 12 paragraph (2) and fund placement, lending or financing Services by the lender referred to in Article 13 paragraph (2) include types of financial Services that are exempt from the imposition of Value Added Tax pursuant to statutory provisions in the field of taxation.
|
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(2)
|
Securities and other financial instruments supplied to investors through electronic means of communication provided by the crowdfunding provider referred to in Article 12 paragraph (2) which constitute treasury notes pursuant to statutory provisions, are included in the types of goods that are not subject to Value Added Tax.
|
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(3)
|
Crowdfunding service providers referred to in Article 12 paragraph (1) and Lending Service Providers referred to in Article 13 paragraph (1) that have been registered as Taxable Persons constitute retailer Taxable Persons .
|
||
(4)
|
Taxable Persons referred to in paragraph (3) may prepare Tax Invoices for supplies of crowdfunding services and Lending Services to service recipients with the characteristics of end consumers pursuant to statutory provisions in the field of taxation.
|
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Article 16 |
|||
(1)
|
Investment Management referred to in Article 6 paragraph (2) subparagraph e constitutes a Taxable Service.
|
||
(2)
|
Investment Management Providers that have been registered as Taxable Persons are obliged to collect, remit and file Value Added Tax payable on supplies of Taxable Services referred to in paragraph (1).
|
||
(3)
|
Value Added Tax payable referred to in paragraph (2) is calculated by multiplying the rate stipulated under Article 7 paragraph (1) of the Value Added Tax Law by the Tax Base.
|
||
(4)
|
Tax Base referred to in paragraph (3) is in the form of Reimbursement amounting to the fees, commissions or other remunerations in whatever name and form received by the investment management provider.
|
||
(5)
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Fund placement services by investors to issuers of Securities or other financial instruments through electronic means of communication provided by Entrepreneurs conducting Investment Management activities referred to in paragraph (1) are included in the types of financial Services that are exempt from the imposition of Value Added Tax pursuant to statutory provisions in the field of taxation.
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(6)
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Securities and other financial instruments referred to in paragraph (5) which are treasury notes pursuant to statutory provisions, are included in the types of goods that are not subject to Value Added Tax.
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Article 17 |
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(1)
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The provision of online insurance product services referred to in Article 6 paragraph (2) subparagraph f constitutes a Taxable Service.
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(2)
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Online insurance product providers that have been registered as Taxable Persons are obliged to collect, remit and file Value Added Tax payable on supplies of Taxable Services referred to in paragraph (1).
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(3)
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Value Added Tax payable referred to in paragraph (2) is calculated by multiplying the rate stipulated under Article 7 paragraph (1) of the Value Added Tax Law by the Tax Base.
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(4)
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Tax Base referred to in paragraph (3) is in the form of Reimbursement amounting to the fees, commissions or other considerations in whatever name and form received by the online insurance product service provider.
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(5)
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Online insurance services provided by insurance companies are exempt from the imposition of Value Added Tax pursuant to statutory provisions in the field of taxation.
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Article 18 |
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(1)
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Market Support Services referred to in Article 6 paragraph (2) subparagraph g constitute Taxable Services.
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(2)
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Market Support Service Providers that have been registered as Taxable Persons are obliged to collect, remit and file Value Added Tax payable on supplies of Taxable Services referred to in paragraph (1).
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(3)
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Value Added Tax payable referred to in paragraph (2) is calculated by multiplying the rate stipulated under Article 7 paragraph (1) of the Value Added Tax Law by the Tax Base.
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(4)
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Tax Base referred to in paragraph (3) is in the form of Reimbursement, amounting to the fees, commissions or other remunerations in whatever name and form received by the Market Support Service provider.
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Article 19 |
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(1)
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Digital financial support services and other financial services referred to in Article 6 paragraph (2) subparagraph h constitute Taxable Services.
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(2)
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Providers of digital financial support services and other financial services that have been registered as Taxable Persons are obliged to collect, remit and file Value Added Tax payable on supplies of Taxable Services referred to in paragraph (1).
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(3)
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Value Added Tax payable referred to in paragraph (2) is calculated by multiplying the rate stipulated under Article 7 paragraph (1) of the Value Added Tax Law by the Tax Base.
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(4)
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Tax Base referred to in paragraph (3) is in the form of Reimbursement, amounting to the fees, commissions or other remunerations in whatever name and form received by the providers of digital financial support services and other financial services.
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CHAPTER IV
PENALTIES Article 20 |
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Financial Technology Service Providers that do not carry out the obligation to collect, remit and filet Income Tax as referred to in Article 3 paragraph (4) and Article 4 paragraph (1) and/or the obligation to collect, remit and file Value Added Tax as referred to in Article 9 paragraph (1), Article 10 paragraph (2), Article 11 paragraph (2), Article 14 paragraph (2), Article 16 paragraph (2), Article 17 paragraph (2), Article 18 paragraph (2) and Article 19 paragraph (2) are subject to penalties pursuant to statutory provisions.
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CHAPTER V
CLOSING PROVISIONS Article 21 |
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This Ministerial Regulation shall come into force on 1 May 2022.
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For public cognisance, this Ministerial Regulation shall be promulgated by placement in the Official Gazette of the Republic of Indonesia.
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Enacted in Jakarta
on 30 March 2022 MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA, signed SRI MULYANI INDRAWATI Promulgated in Jakarta on 30 March 2022 DIRECTOR GENERAL OF LEGISLATION MINISTRY OF LAW AND HUMAN RIGHTS OF THE REPUBLIC OF INDONESIA,
signed BENNY RIYANTO OFFICIAL GAZETTE OF THE REPUBLIC OF INDONESIA OF 2022 NUMBER 369 |
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