Indonesia: The implementing regulations for VAT applications and facilities under the HPP Law

In brief

On 7 October 2021, the Indonesian House of Representatives (DPR) passed Law No. 7 of 2021 on Tax Regulation Harmonization ("HPP Law"). The HPP Law stipulates that all of the implementing regulations of the HPP Law will be stipulated in a Government Regulation.


Contents

As regards VAT and Sales Tax on Luxury Goods, the Indonesian government issued several regulations as the implementing regulations of the HPP Law. This includes:

  1. Government Regulation No. 44 of 2022 on the Implementation of VAT on Goods and Services and Sales Tax on Luxury Goods ("GR 44/2022") on 2 December 2022

GR 44/2022 stipulates the general rule on VAT on Goods and Services and Sales Tax on Luxury Goods. GR 44 revokes GR 1/2012 and all VAT provisions set out in GR 9/2021.

  1. Government Regulation No. 49 of 2022 on the Implementation of VAT on Exemption from VAT and Non-Collection of VAT or VAT and Sales Tax on Luxury Goods on the Import and/or Delivery of Certain Taxable Goods and/or Delivery of Certain Taxable Services and/or Utilization of Certain Taxable Services from Outside the Customs Area ("GR 49/2022") on 12 December 2022

The HPP Law has amended the provision of non-VAT objects as set out in Article 4A of the VAT Law and stipulated the VAT facilities in Article 16B of the VAT Law. GR 49/2022 is the implementing regulation of Article 16B of the VAT Law and stipulates further the VAT facilities set out in the HPP Law.

In this alert, we discuss some of the provisions stipulated in GR 44/2022 and GR 49/2022.

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