Indonesia: New taxation rules for certain mineral mining companies

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: New taxation rules for certain mineral mining companies

intl-updates-small.jpg

On August 2 2018, Government Regulation 37 of 2018 concerning treatment of taxation and/or non-tax state revenue in the mineral mining business field (GR 37/2018) was enacted. The purpose of this regulation is to provide legal certainty in terms of taxation and/or the imposition of non-tax state revenue for holders of mineral mining licences in Indonesia. GR 37/2018 stipulates that the income tax provisions regulated thereunder will only apply to certain mineral mining companies, those being: (i) holders of a Mining Business Licence (Izin Usaha Pertambangan, or IUP); (ii) holders of a Special Mining Business Licence (Izin Usaha Pertambangan Khusus, or IUPK); (iii) holders of a People’s Mining Licence (Izin Pertambangan Rakyat, or IPR); (iv) holders of an Operation-Production Special Mining Business Licence (Izin Usaha Pertambangan Khusus Operasi Produksi, or IUPK Operasi Produksi) from the conversion of an unexpired contract of work; and (v) holders of a contract of work which stipulates income tax obligations in accordance with the prevailing income tax laws (i.e., the Indonesian Income Tax Law). For holders of a contract of work that stipulates income tax obligations in line with the prevailing Income Tax Law, the taxation provisions under that contract of work will apply until the contract expires.

Specifically for mineral mining companies that hold an IUPK Operasi Produksi from the conversion of an unexpired contract of work, the following taxation, non-tax state revenue, and regional/local revenue provisions will apply: (i) royalty (iuran produksi) and land rent (iuran tetap); (ii) non-tax state revenue in the field of environment and forestry; (iii) non-tax state revenue in the form of the central government portion: 4% of net profits; (iv) corporate income tax: 25%; (v) land and building tax; and (vi) the regional/local government portion: 6% of net profits, until the IUPK Operasi Produksi expires. ‘Net profits’ in this case refers to net profits after deducting income tax annually from the start of production, based on financial statements audited by public accountants. Other types of tax, non-tax state revenue, and regional/local revenue, such as VAT, import-export duty, and excise duty, are also applicable (as relevant). It is important to note that Article 20 of GR 37/2018 stipulates that the taxation provisions under the regulation will only come into effect as of the 2019 tax year (next year).

Under GR 37/2018, existing mineral mining companies, such as PT Freeport Indonesia, which have obtained an IUPK Operasi Produksi from the conversion of an unexpired contract of work, will be subject to income tax of 25% (in line with the tariff under the Indonesian Income Tax Law for corporate bodies) starting from the 2019 tax year, until the expiry of their IUPK Operasi Produksi. Apart from income tax, these companies will also be paying portions for the central government and regional/local government, at 4% and 6% rates, respectively, as elaborated above.

more across site & shared bottom lb ros

More from across our site

Increasingly, clients are looking for different advisers to the established players, Ryan’s president for European and Asia Pacific operations tells ITR
Using tax to enhance its standing as a funds location is behind Luxembourg’s measures aimed at clarifying ATAD 2 and making its carried interest regime more attractive
Encompassing everything from international scandals to seismic political events, it’s a privilege to cover the intriguing world of tax
In his newly created role, current SSA commissioner Bisignano will oversee all day-to-day IRS operations; in other news, Ryan has made its second acquisition in two weeks
In the age of borderless commerce, money flows faster than regulation. While digital platforms cross oceans in milliseconds, tax authorities often lag. Indonesia has decided it can wait no longer
The tariffs are disrupting global supply chains and creating a lot of uncertainty, tax expert Miguel Medeiros told ITR’s European Transfer Pricing Forum
Corporate counsel should combine deep technical knowledge with strategic dynamism, says Agarwal, winner of ITR’s EMEA In-house Indirect Tax Leader of the Year award
Luxembourg’s reform agenda continues at pace in 2025, with targeted measures for start-ups and alternative investment funds
Veteran Elizabeth Arrendale will lead the new advisory practice, which will support clients with M&A tax structuring, post-deal integration, and more
MAP cases keep increasing, and cases closed aren’t keeping pace with the number started, the OECD’s Sriram Govind also told an ITR summit
Gift this article