Indonesia: Tax facilities for gross split production sharing contract are finally implemented

Key takeaways

There are several key takeaways to be considered from MoF 67/2020:

1. This regulation is applicable for any contractors whose:
   1. non-gross split contracts were signed prior to the enactment of GR 53/2017 and chose to amend the contracts to a gross split profit sharing model in accordance with the provisions stipulated in GR 53/2017
   2. gross split contracts were signed before the enactment of GR 53/2017
   3. gross split contracts were signed after the enactment of GR 53/2017
2. VAT or VAT and Sales Tax on Luxury Goods are not levied on any of the following transactions that are used in the context of petroleum operations:
   1. acquisition of Taxable Goods and/or Taxable Services
   2. utilization of Intangible Taxable Goods from outside the Customs Area in the Customs Area
   3. utilization of Taxable Services from outside the Customs Area in the Customs Area
3. The tax facilities that are granted to the contractors apply to a Work Area, adopting a similar ring fencing principle to that implemented in the Cost Recovery Production Sharing Contract.

In more detail

1. MoF 67/2020 is the implementing regulation of Article 25 paragraph (3) of Government Regulation Number 53 of 2017 (GR 53/2017‘) which has been awaited by the Gross Split Profit Sharing Contract contractors. Under this regulation, the contractors with Gross Split Production Sharing Contracts are officially able to enjoy similar benefits to those that have been provided to the contractors with Cost Recovery Production Sharing Contracts through Minister of Finance Regulation Number 122/PMK.03/2019.
2. To enjoy the tax facilities stipulated in this regulation, a contractor that was appointed as a block operator needs to submit a written request to the the Head of Regional Tax Office (through the Tax Office where the operator is registered) and attach several other documents. After the request and attachments are submitted, the Head of the Regional Office on behalf of the Minister of Finance will issue a Certificate of Tax Allowance (Surat Keterangan Fasilitas Perpajakan/’SKFP’) no later than seven working days after a complete application is received.
3. To obtain the reduction of Land and Building Tax, the operator must first complete and submit the Tax Object Notification (Surat Pemberitahuan Obyek Pajak) along with a copy of a valid SKFP to the Head of the Tax Office where the Land and Building Tax Object is administered. The Head of the Tax Office will then apply the reduction in the Land and Building Tax Notification Letter (Surat Pemberitahuan Pajak Terhutang Pajak Bumi dan Bangungan) based on SKFP.
4. SKFP will be declared invalid in any of the following events:
   1. Gross Split Production Sharing Contract is terminated (as of the contract expiration date or prior to commercial production)
   2. the commencement of commercial production
5. If later it is found that  the tax facilities provided under this regulation are not intended for petroleum operations and/or the contractor utilizes an invalid SKFP to obtain taxation facilities, the contractor must pay back all the tax facilities received to the state treasury, and will be subject to administrative penalties in accordance with the prevailing tax regulations.