Govt. Adjusts Applicable PNBP Tariffs for Railway Facilities and Infrastructure Applicable at the Ministry of Transportation

  • In 2021, the Minister of Finance ("Minister") issued Regulation No. 138/PMK.02/2021 ("Regulation 138/2021") on the Types and Tariffs of Volatile and Urgent Non-Tax State Revenue (Penerimaan Negara Bukan Pajak – "PNBP") Applicable at the Ministry of Transportation ("Ministry"). However, in an effort to further ensure the sustainability of railway businesses, specifically in terms of the provision of services to the general public, the Minister has now decided to issue Regulation No. 20 of 2024 on the Amendment to Regulation 138/2021 ("Amendment"), which has been in force since 16 April 2024.
  • While the Amendment has retained the applicable formula for the calculation of urgent PNBP in the form of fees for the utilization of railway infrastructure that originally featured under Regulation 138/2021, the new framework has now clarified that the units of such infrastructure utilization costs should now be calculated based upon the following factors: 1) The asset values of state-owned railway infrastructure that relates to train travel operations; 2) The depreciation of the assets outlined in point (1) above, the value of which should be calculated by taking into account the technical age of each piece of railway infrastructure; and 3) The average standard maintenance and operational costs of railway infrastructure in order to maintain the reliability and operational fitness of said infrastructure.
  • In addition to the above-outlined matters, the Amendment also clarifies that railway infrastructure priority utilization factors that will serve as one of the applicable coefficients during calculations of railway infrastructure PNBP tariffs will now be determined based on services that take the following matters into account: 1) Allocation of train travel scheduling availability (slot times) and train operating speeds (for public transportation services); and 2) Operating speeds, load capacities and facilities (for rail freight services).
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  • In 2021, the Minister of Finance ("Minister") issued Regulation No. 138/PMK.02/2021 ("Regulation 138/2021") on the Types and Tariffs of Volatile and Urgent Non-Tax State Revenue (Penerimaan Negara Bukan Pajak – "PNBP") Applicable at the Ministry of Transportation ("Ministry"). However, in an effort to further ensure the sustainability of railway businesses, specifically in terms of the provision of services to the general public, the Minister has now decided to issue Regulation No. 20 of 2024 on the Amendment to Regulation 138/2021 ("Amendment"), which has been in force since 16 April 2024.
  • While the Amendment has retained the applicable formula for the calculation of urgent PNBP in the form of fees for the utilization of railway infrastructure that originally featured under Regulation 138/2021, the new framework has now clarified that the units of such infrastructure utilization costs should now be calculated based upon the following factors: 1) The asset values of state-owned railway infrastructure that relates to train travel operations; 2) The depreciation of the assets outlined in point (1) above, the value of which should be calculated by taking into account the technical age of each piece of railway infrastructure; and 3) The average standard maintenance and operational costs of railway infrastructure in order to maintain the reliability and operational fitness of said infrastructure.
  • In addition to the above-outlined matters, the Amendment also clarifies that railway infrastructure priority utilization factors that will serve as one of the applicable coefficients during calculations of railway infrastructure PNBP tariffs will now be determined based on services that take the following matters into account: 1) Allocation of train travel scheduling availability (slot times) and train operating speeds (for public transportation services); and 2) Operating speeds, load capacities and facilities (for rail freight services).
......

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