Indonesia revises upstream oil and gas taxation guidelines

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 revises upstream oil and gas taxation guidelines

Sponsored by

sponsored-firms-gnv.png
pump-jack-848300.jpg

Endy Arya Yoga and Aditya Wicaksono of GNV Consulting summarise legislative developments in Indonesia concerning the oil and gas sector and the taxpayer repatriation and investment commitments under the Voluntary Disclosure Programme

On September 15 2023, the Indonesian Minister of Finance (MoF) published MoF Regulation No. 94 of Year 2023 (MoF-94/2023). The regulation includes several amendments to MoF Regulation No. 34/PMK.03/2018 concerning Guidelines for Implementing Joint Audits on the Implementation of Cooperation Contracts in the Form of Production Sharing Contracts with Refund of Operational Costs in the Upstream Oil and Gas Business Sector.

The new provisions include the following:

  • Profit sharing is non-tax state revenue for cooperation contracts in the upstream oil and gas business sector;

  • Oil and gas income tax is part of tax state revenue owed by the contractor, consisting of income tax on revenue earned under production sharing contracts (PSCs) and/or income tax on taxable income for PSCs after deducting income tax on income under the PSC structure, with calculations in accordance with the conditions of the cooperation contract for upstream oil and gas business activities;

  • The final financial quarterly report (FQR) for the fourth quarter is recognised and used by the Special Task Force for Upstream Oil and Gas Business Activities (SKK Migas) or the Aceh Oil and Gas Management Agency (BPMA) to complete the calculation of profit sharing, and adjustments are made to include information on all changes in the contractor's rights and obligations on a certain date after the financial year of the termination of the contract from the completion of the work area, which is recognised and used by SKK Migas or BPMA; and

  • Contractors’ income tax reporting obligations – the amount of oil and gas income tax in the annual income tax return must be in accordance with the amount of oil and gas income tax based on the final FQR for the fourth quarter, the final FQR for the last fiscal year, or the final settlement rights and FQR obligations.

With regard to a joint audit finding, if the contractor agrees with the audit findings after the current year, the contractor shall adjust the profit sharing of oil and gas revenues or pay the non-tax state revenue to the oil and gas account and pay the oil and gas income tax payable to the state treasury account as a payment for the current year's oil and gas income tax, as regulated in this MoF regulation.

Furthermore, if there is an underpayment of tax, the contractor is required to pay it before submitting the annual income tax return. Otherwise, if there is a payment of oil and gas income tax greater than what should have been payable in the final FQR for the previous fiscal year, the overpayment of oil and gas income tax will be refunded based on the appropriate amount.

MoF-94/2023 came into force on the date of its promulgation, September 18 2023.

Taxpayer repatriation and/or investment commitments

The Indonesian tax office (ITO) has issued Announcement No. PENG-2/PJ/PJ.09/2023 regarding the Obligation to Fulfil Taxpayer Repatriation and/or Investment Commitments under the Voluntary Disclosure Programme (PPS). This announcement became effective on September 8 2023.

The announcement contains:

  • Advice on fulfilling repatriation and/or investment commitments;

  • The conditions for fulfilling reporting commitments; and

  • The consequences of failing to fulfil these commitments promptly.

It also includes instructions for filling out, and frequently asked questions regarding, repatriation and/or investment realisation reports, and monthly final income tax returns for the PPS, which can be accessed via this website.

more across site & shared bottom lb ros

More from across our site

Zion Adeoye, a tax specialist, had been suspended from the African law firm since October over misconduct allegations
The deal establishes Ryan’s property tax presence in Scotland and expands its ability to serve clients with complex commercial property portfolios across the UK, the firm said
Trump announced he will cut tariffs after India agreed to stop buying Russian oil; in other news, more than 300 delegates gathered at the OECD to discuss VAT fraud prevention
Taxpayers should support the MAP process by sharing accurate information early on and maintaining open communication with the competent authorities, the OECD also said
The Fortune 150 energy multinational is among more than 12 companies participating in the initiative, which ‘helps tax teams put generative AI to work’
The ruling excludes vacation and business development days from service PE calculations and confirms virtual services from abroad don’t count, potentially reshaping compliance for multinationals
User-friendly digital tax filing systems, transformative AI deployment, and the continued proliferation of DSTs will define 2026, writes Ascoria’s Neil Kelley
Case workers are ‘still not great’ but are making fewer enquiries, making the right decision more often and are more open to calls, ITR has heard
There is a shocking discrepancy between professional services firms’ parental leave packages. Those that fail to get with the times risk losing out in the war for talent
Winston Taylor is expected to launch in May 2026 with more than 1,400 lawyers across the US, UK, Europe, Latin America and the Middle East
Gift this article