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 2025

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

Imposing the tax on virtual assets is a measure that appears to have no legal, economic or statistical basis, one expert told ITR
The EU has seemingly capitulated to the US’s ‘side-by-side’ demands. This may be a win for the US, but the uncertainty has only just begun for pillar two
The £7.4m buyout marks MHA’s latest acquisition since listing on the London Stock Exchange earlier this year
ITR’s most prolific stories of the year charted public pillar two spats, the continued fallout from the PwC Australia tax leaks scandal, and a headline tax fraud trial
The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
Gift this article