a. that the Minister of Energy and Mineral Resources by letter No. 6288/30/MEM.B/2008 dated November 28, 2008 has submitted a proposal on the granting of value added tax borne by the government for upstream exploration activities on natural oil and gas and geothermal in budget year 2009;
b. that based on the provisions of Article 2 of Regulation of the Minister of Finance No. 230/PMK.11/2008 concerning Value Added Tax Borne by the Government on the Import and/or Delivery of Certain Goods Subject to Tax in Certain Sectors in the Framework of Handling Impact of Global Economy Slow Down and Recovery of Real Sector for Budget Year 2009, on the import of goods for business activities of upstream exploration of natural oil and gas and geothermal can get fiscal incentive of Government Borne Value Added Tax;
c. that based on the considerations as intended in paragraphs a and b, and in the framework to implement the provisions of Article 3 paragraph (3) of Regulation of the Minister of Finance No. 230/PMK.11/2008 concerning Value Added Tax Borne by the Government on the Import and/or Delivery of Certain Goods Subject to Tax in Certain Sectors in the Framework of Handling Impact of Global Economy Slow Down and Recovery of Real Sector for Budget Year 2009, it is necessary to stipulate Regulation of the Minister of Finance concerning Value Added Tax Borne by the Government on the Import of Goods for Business Activities of Upstream Exploration of Natural Oil and Gas and Geothermal;
1. Law No. 17/2003 concerning State Finance (Statute Book No. 47/2003, Supplement to Statute Book No. 4286);
2. Law No. 1/2004 concerning State Treasury (Statute Book No. 5/2004, Supplement to Statute Book No. 4355);
3. Law No. 41/2008 concerning State Revenue and Expenditure Budget Year 2009 (Statute Book No. 171/2008, Supplement to Statute Book No. 4920);
4. President Decree No. 20/P/2005;
5. Regulation of the Minister of Finance No. 230/PMK.011/2008 concerning Value Added Tax Borne by the Government on the Import and/or Delivery of Certain Goods Subject to Tax in Certain Sectors in the Framework of Handling Impact of Global Economy Slow Down and Recovery of Real Sector for Budget Year 2009;
REGULATION OF MINISTER OF FINANCE CONCERNING VALUE ADDED TAX BORNE BY THE GOVERNMENT ON THE IMPORT OF GOODS FOR BUSINESS ACTIVITIES OF UPSTREAM EXPLORATION OF NATURAL OIL AND GAS AND GEOTHERMAL IN BUDGET YEAR 2009.
In this Regulation of the Minister of Finance, what is meant by Value Added Tax Borne by the Government is Value Added Tax borne by the government for business activities of upstream exploration of natural oil and gas and geothermal in in budget year 2009 with a budget ceiling as of Rp 2,500,000,000,000.00 (two trillion five hundred billion rupiah).
(1) Indebted Value Added Tax on the import of goods used for business activities on upstream exploration of natural oil and gas or geothermal upstream exploration by natural oil and gas business entrepreneur or geothermal business entrepreneur, borne by the Government.
(2) Value Added Tax borne by the government as intended in paragraph (1) would be provided for goods that are factually used for upstream business activities in the field of natural oil and gas and geothermal with the following conditions:
(3) Exploration in the field of upstream natural oil and gas as intended in paragraph (1) is an activity for the purpose of acquiring information on geology conditions to locate and acquire natural oil and gas reserve estimate in a determined area.
(4) Exploration in the field of geothermal as intended in paragraph (1) is a series of activities covering surveys on geology, geophysics, geochemistry, drilling test, and drilling of exploration wells for the purpose of acquiring end supplementing information on below soil geological conditions to locate and acquire geothermal potential estimate.
Entrepreneur as intended in Article 2 paragraph (1) cover:
Goods as intended in Article 2 paragraph (1) are goods stated in the Import Duty Notification having obtained registration numbers from the Customs and Excise Supervisory and Service Office, or Customs and Excise Main Service Office at port of entries since January 1, 2009.
(1) Application to obtain the Value Added Tax borne by the Government on the import of goods to be used for upstream exploration activities of natural oil and gas as intended in Article 2 paragraph (3) shall be submitted to the Director General of Customs and Excise attached with a Goods Import Plan (RIB) for a requirement of 12 (twelve) months that had been approved and legalized by the Director General of Natural Oil and Gas, Ministry of Energy and Mineral Resources, by paying due observance on the provisions as intended in Article 2 paragraph (2).
(2) Application to obtain the Value Added Tax borne by the Government on the import of goods to be used for exploration activities in the field of geothermal as intended in Article 2 paragraph (4) shall be submitted to the Director General of Customs and Excise attached with a Goods Import Plan (RIB) for a requirement of 12 (twelve) months that had been approved and legalized by the Director General of Mineral, Coal, and Geothermal, Ministry of Energy and Mineral Resources, by paying due observance on the provisions as intended in Article 2 paragraph (2).
(3) The RIB as intended in paragraph (1) and paragraph (2) must contain at least the following data:
(4) The application as intended in paragraph (1) and paragraph (2) shall be submitted jointly in 1 (one) RIB with the application for the exemption of import duty as intended in Regulation of the Minister of Finance No. 177/PMK.011/2007 concerning Exemption of Import Duty on the Import of Goods for Upstream Business Activities of Natural Oil and Gas and Geothermal and its amendment.
(1) Directorate General of Customs and Excise after receiving the documents as intended in Article 5, shall stamp "VAT BORNE BY THE GOVERNMENT EX PMK 242/PMK.011/2008" on all sheets of the Customs Import Notification and Tax Payment Slip.
(2) A copy of the RIB as intended in Article 5 paragraph (1) and paragraph (2) shall be submitted to:
(3) The Director General of Customs and Excise shall submit the List of Tax Borne by the Government every quarter to the Director General of Taxation not later than the end of the following month after the end of the quarter.
(4) The Director General of Taxation, based on the documents as intended in paragraph (4) submits a request to the Director General of Budget to Nil Payment Order Letter (SPM).
Director General of Budget, Director General of Taxation, Director General of Customs and Excise, and the Director General of Treasury are instructed to execute the provisions of this Regulation of the Minister of Finance.
This Regulation of The Minister of Finance shall come into force as from January 1, 2009 be valid until December 31, 2009.
For public cognizance, this Regulation of The Minister of Finance shall be announced by placing it in the State Gazette of the Republic of Indonesia.
Stipulated in Jakarta
On December 31, 2008
MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI