- In order to assist with the availability of strategic goods such as anode slime and gold granules, the Indonesian Government has issued Regulation No. 70 of 2021 on Deliveries of Certain Strategic Taxable Goods Which Are Not Subject to Value-Added Tax ("Regulation 70/2021").
- The types of anode slime that can enjoy value-added tax (Pajak Pertambahan Nilai – "PPN") facilities ("Facilities"), as now set under Regulation 70/2021, comprise anode slime which is a by-product or residue produced during the refining of copper metal mineral mining commodities and which will be further processed in order to produce main products in the form of gold bullion. Meanwhile, Regulation 70/2021 states that gold granules must meet the following criteria: 1) Must have a maximum diameter of seven millimeters; 2) Must have a purity level of 99.99% based on test results produced through the use of testing methods that are in accordance with Indonesian National Standards and/or that have been accredited by the London Bullion Market Association Good Delivery List; and 3) Must result from production and be handed over by the holders of work contracts, holders of mining business licenses, holders of special mining business licenses and holders of community mining licenses to business actors who will further process said slime in order to produce main products in the form of gold bullion and/or gold jewelry.
- Taxable entrepreneurs that acquire taxable goods that have obtained Facilities and that transfer said taxable goods are required to pay non-collectible (tidak dipungut) PPN upon the acquisition of the goods in question.
- However, the obligation to pay PPN will not be enforced if the relevant transfer is carried out under force-majeure conditions, specifically, taxpayers who are unable to make tax payments as a result of natural disasters, non-natural disasters and social disasters, as officially declared by competent authorities in accordance with the relevant laws and regulations.
- PPN payments should be completed within a maximum period of one month of any transfer of certain strategic taxable goods. If the uncollected PPN remains unpaid after this one-month deadline has passed, then the relevant taxable business actors will be subject to the imposition of sanctions in accordance with the relevant laws and regulations that apply within the field of taxation.
- Regulation 70/2021 comes into force on 28 July 2021.
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