a. that to overcome the impact of the global economic slowdown and recovery the real sector, it is needed to provide incentives of Government borne value added tax on imports and/or delivery of certain taxable goods in a particular sector for fiscal year 2009;
b. that based on the considerations as intended in paragraph a, and in order to implement the provisions of Article 3 paragraph (2) b of Law No. 41/2008 concerning the State Revenue and Expenses Budget for Fiscal Year 2009, it is necessary to stipulated the Regulation of Minister of Finance concerning Government Borne Value Added Tax on the Imports and/or Delivery of Certain Taxable Goods on Particular Sectors in the framework of Poverty Impact of Slowing Global Economy and the Real Sector Recovery for Fiscal Year 2009;
1. Law No. 17/2003 concerning State Finances (Statute Book of 2003 No. 47, Supplement to Statute Book No. 4286);
2. Law No. 1/2004 about State Treasury (Statute Book of 2004 No. 5, Supplement to Statute Book No. 4355);
3. Law No. 41/2008 about State Budget Fiscal Year 2009 (Statute Book of 2008 No. 171, Supplement to Statute Book No. 4920);
4. Presidential Decree No. 20/P/2005;
REGULATION OF THE MINISTER OF FINANCE CONCERNING GOVERNMENT BORNE VALUE ADDED TAX ON THE IMPORT AND/OR DELIVERY OF CERTAIN TAXABLE GOODS IN PARTICULAR SECTOR IN THE FRAMEWORK OF POVERTY IMPACT OF GLOBAL ECONOMIC SLOWDOWN AND THE REAL SECTOR RECOVERY FOR FISCAL YEAR 2009
In this Regulation of the Minister of Finance has the following meanings:
1. Government borne value added tax are Value Added Tax is paid by the Government incurred a budget ceiling Rp10.000.000.000.000,00 (ten trilion rupiahs) as intended in Article 3 paragraph (2) b of Law No. 41/2008 concerning the State Revenue and Expenses Budget for Fiscal Year 2009.
2. Certain sectors are sectors that have been affected by the global economic slowdown and specific real sectors that should be recovery, that are appropriate to given Value Added Tax Borne to Goverment based on proposal of sector supervisor.
Government borne value added tax given on imports and/or delivery of following certain taxable goods:
(1) For the determination of Government borne value added tax as intended in Article 2, the Minister/Head of supervisor sector institutions submitted proposals to the Minister of Finance by attached:
(2) The provisions as intended in paragraph (1) does not apply to the determination of the Value Added Tax Bornet to the Government as intended in Article 2 is based on the results of coordination at the ministerial level meeting the Coordinating Ministry for Economics Affairs.
(3) Determination of Government borne value added tax issued Regulation of the Minister of Finance about the Value Added Tax on imports Bornet to the Government and/or delivery of certain taxable goods in certain sectors or certain taxable goods for Fiscal Year 2009, based on the results of ministerial evel meeting coordination as intended in paragraph(2) and/or based on the proposal as intended in paragraph (1) approved.
Government borne value added tax as intended in Article 2 can not be reimbursed, credited, and/or costed.
Director General of Budget, Director General of Taxation, Director General of Customs and Excise, and the Director General of Treasury are instructed to implement this provisions of Regulation of the Minister of Finance.
This Regulation of the Minister of Finance shall come into force since January 1, 2009 until December 31, 2009.
For public cognizance, this Regulation of The Minister of Finance shall be published by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
On December 23, 2008
MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI