REGULATION OF THE MINISTER OF FINANCE
No. 10/PMK.011/2008

CONCERNING
VALUE ADDED TAX ON IMPORT AND/OR DELIVERY OF WHEAT AND WHEAT FLOUR BORNE BY THE GOVERNMENT

THE MINISTER OF FINANCE,

Considering:

• a. that in the context of stabilizing the price of staples in the form of wheat and wheat flour for the purpose of enlightening the people's burden, it is necessary to stipulate a policy in the form of Value Added Tax on import and/or delivery of wheat and wheat flour to be borne by the Government;
• b. that in order to implement the policy referred to in a., subsidize shall be budgeted in the State's Budget of Revenue and Expenditure for Budget Year 2008 and its amendment;
• c. that based on the consideration as described in a. and b., it is necessary to stipulate Regulation of the Minister of Finance concerning Value Added Tax on Import and/or Delivery of Wheat and Wheat Flour borne by the Government;

In view of:

• 1. Law No. 17/2003 concerning State Finance (Statute Book of the Republic of Indonesia No. 47/2003, Supplement to Statute Book of the Republic of Indonesia No. 4286);
• 2. Law No. 1/2004 concerning State Treasury (Statute Book of the Republic of Indonesia No. 5/2004, Supplement to Statute Book of the Republic of Indonesia No. 4355);
• 3. Law No. 45/2007 concerning State's Budget of Revenue and Expenditure Budget Year 2008 (Statute Book of the Republic of Indonesia No. 133/2007, (Supplement to Statute Book of the Republic of Indonesia No. 4778);
• 4. Presidential Decision No. 20/P/2005;

HAS DECIDED:

To stipulate:

REGULATION OF THE MINISTER OF FINANCE CONCERNING VALUE ADDED TAX ON IMPORT AND/OR DELIVERY OF WHEAT AND WHEAT FLOUR TO BE BORNE BY THE GOVERNMENT

Article 1

In this Regulation of the Minister of Finance, "Value Added Tax borne by the Government" refers to Value Added Tax borne by the Government with budget limit based on Law No. 45/2007 concerning State's Budget of Revenue and Expenditure (APBN) Budget Year 2008.

Article 2

Payable Value Added Tax on import and/or domestic delivery of wheat (Tariff Post 1001.10.00.00) and wheat flour (Tariff Post 1101.00.10.00) by Taxable Entrepreneur shall be borne by the Government.

Article 3

(1) To obtain Value Added Tax on import of wheat and wheat flour to be borne by the Government as described in Article 1, application shall be submitted to the Director General of Customs and Excise.

(2) The Director General of Customs and Excise, after receiving the application as described in paragraph (1), shall further affix the "VAT BORNE BY THE GOVERNMENT EX. PMK-10/PMK.011/2008", on the Tax Assessment Certificate.

(3) The Director General of Customs and Excise shall submit a List of the Total Tax borne by the Government every quarter to the Director General of Taxes by the end of the following month at expiry of the quarter at the latest.

Article 4

The Taxable Entrepreneur delivering the wheat and wheat flour as described in Article 2 shall be obliged to prepare Tax Invoice by affixing the "VAT BORNE BY THE GOVERNMENT EX. PMK-10/PMK.011/2008".

Article 5

The Director General of Budgets, the Director General of Taxes, the Director General of Customs and Excise, and the Director General of Treasury are instructed to implement the provisions in this Regulation of the Minister of Finance.

Article 6

This Regulation of the Minister of Finance shall take effect in three (3) days as of the date it is stipulated.

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 4 February 2008
THE MINISTER OF FINANCE
signed,
SRI MULYANI INDRAWATI