Indonesia: Indonesia updates Asian treaty network; issues foreign customers’ exchange of information for financial institutions

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Indonesia: Indonesia updates Asian treaty network; issues foreign customers’ exchange of information for financial institutions

Karyadi-Freddy
Tanuwijaya

Freddy Karyadi

Chaterine Tanuwijaya

The Government of Indonesia, through Presidential Regulation No. 5 of 2016 effective January 12 2016, has ratified the 'Protocol to the Agreement for the Government of the Republic of Indonesia and the Government of the People's Republic of China for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income' (Indonesia – China DTA).

The treaty was signed on March 26 2015. This protocol provides that aviational operation in the international traffic of the other state will be exempted from value added tax (VAT) or other similar taxes in that other state.

The government also ratified the protocol to the DTA with India by issuing Presidential Regulation No. 6 of 2016 effective January 12 2016. Among others, it contains the provision of exchange of information for tax and banking details, as well as assistance in handling outstanding tax. It is also stated that if a resident of one state has a representative office in another state, the profit of such representative office will be taxed according to the prevailing tax tariff applicable in such other state, but not more than 15%.

Earlier in December 2015, the Indonesian Financial Services Authority (Otoritas Jasa Keuangan – OJK) issued Regulation No.25/POJK.03/2015 dated December 11 2015 on Exchange of Information for Foreign Customers related to Tax to Partner Countries/Jurisdictions. Certain financial institutions (FIs) in Indonesia will automatically exchange information to partner countries/jurisdictions, pursuant to the agreements on exchange of information including tax treaties. FIs should submit a report to the Indonesian tax authorities or to the OJK regarding information on its foreign customers, which will be forwarded to the tax authorities in the partner countries/jurisdictions. The implementation will further be regulated in a circular letter to be issued by OJK.

Freddy Karyadi (fkaryadi@abnrlaw.com) and Chaterine Tanuwijaya (ctanuwijaya@abnrlaw.com), Jakarta

Ali Budiardjo, Nugroho, Reksodiputro, Counsellors at Law

Tel: +62 021 250 5125

Website: www.abnrlaw.com

more across site & shared bottom lb ros

More from across our site

Tom Goldstein, who was represented by US law firm Munger, Tolles & Olson, denied wilfully cheating on his taxes and blamed errors on his staff
Multinationals face rising TP scrutiny as global rules diverge. As Daniel Moalusi argues, strong, consistent documentation is now essential to minimise audit risk and protect tax positions
The profession is fundamentally restructuring itself around what tax and accounting work should be, a Thomson Reuters leader told ITR
The big four firm is consolidating 16 entities across the region to create a single 6,000-partner behemoth
Brazil’s tax reform unifies consumption taxes to simplify rules, centralise administration and reduce legal uncertainty
The ever-expansive firm has once again attracted a former ‘big four’ talent to lead the new offering
The amended double taxation avoidance agreement removes France’s most favoured nation status for tax treaty benefits
The levies extended beyond the president’s ‘legitimate reach’, the Supreme Court ruled
While Brazil’s consumption tax overhaul led to a short-term spike in tax advisory demand, we are now in a period of ‘normalisation’ marked by decreased recruitment
The expanded firm will comprise roughly 8,500 employees, including 550 partners; in other news, Paul Hastings and Macfarlanes made senior tax hires
Gift this article