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PMK 48/2023: Compliance Urgency Regarding Income and/or Value Added Tax on Sale/Delivery of Gold

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  • Tax
  • ||
  • November 23, 2023

What is PMK 48/2023?
PMK 48/2023 is an Indonesian government regulation that regulates the application of Income Tax and/or Value Added Tax on the Sale/Delivery of Gold and related services.

What are the benefits?
The implementation of the PMK 48 Year 2023 regulation is expected to have the following benefits:

  1. Provide legal capacity, justice, ease and simplicity in the process of imposing Income Tax (PPh) and / or Value Added Tax on Sales / Delivery of Gold and related services.
  2. Amend the regulation of the Minister of Finance (PMK) Number 34 / PMK.010 / 2017 Collection of Income Tax Article 22 in Connection with Payment for Delivery of Goods and Activities in the Field of Import or Business Activities in Other Fields.
  3. Replacing PMK Number 30/PMK.03/2014 on VAT on Delivery of Gold Jewelry, because it has not been able to accommodate changes in the provisions as stipulated in Article 9A paragraph (1) letter b of the VAT Law.

Is PMK 48/2023 important?
Yes, PMK 48/2023 is important for gold jewelry manufacturers, gold jewelry traders, and/or gold bullion entrepreneurs in complying with the regulations on how Income Tax and/or Value Added Tax on Sales/Delivery of Gold Jewelry, Gold Bars, Jewelry whose Materials are Not Gold, Gemstones and/or Other Similar Stones, as well as Services related to Gold Jewelry, Gold Bars, Jewelry whose Materials are Not Gold, and/or Gemstones and/or Other Similar Stones do not have applicable schemes and regulations and cannot be missed in every transaction process.

What are the main provisions of PMK 48/2023?
Here are some of the main provisions of PMK 48/2023:

  • Service fees related to Gold Jewelry, gold bars, jewelry whose material is not entirely of gold, and/or gemstones and/or other similar stones, provided in the form of in-kind and/or enjoyment, the withholding of Income Tax Article 21 or Income Tax Article 23 shall be made in accordance with the provisions of the laws and regulations in the field of taxation.
  • The natura referred to is given in the form of goods in the form of gold jewelry, gold bars, jewelry whose material is not entirely made of gold, and / or gemstones and / or other similar stones, so that the delivery of gold jewelry, gold bars, jewelry whose material is not entirely made of gold, and / or gemstones and / or other similar stones, is not subject to Income Tax Article 22.

What does PMK 48/2023 mean to me?
PMK 48/2023 aims to provide legal certainty, justice, convenience, and simplicity in the collection or withholding of Income Tax and/or VAT collection on the sale/delivery of gold and jewelry. This is to ensure that all taxpayers are compliant and to protect the gold sector from unfair competition where non-compliant business actors take greater advantage in conducting business activities.

How does PMK 48/2023 help?
PMK No. 48/2023 is intended to provide legal certainty for gold traders in fulfilling their tax obligations, so it is expected that all gold traders will have a clear basis for tax rights and obligations based on applicable law.

Here are some examples of the application of PMK 48/2023 for you:
Mr. U (PKP) delivers Gold Jewelry and/or services related to Gold Jewelry, and other JKP in the form of motor vehicle rental services. Thus:
a. for the delivery of Gold Jewelry and/or services related to Gold Jewelry, Mr. U must collect and remit the VAT payable with a certain amount as stipulated in PMK-48/2023; and
b. on the delivery of motor vehicle rental services, Mr. U is obliged to collect VAT in accordance with the provisions of laws and regulations in the field of taxation.

Details can be accessed at the following link:

https://drive.google.com/file/d/1hhxjQXGF69ztXAwT–NVrjJUVhgku51j/view?usp=sharing

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