Letter a
Permanent establishments are taxed on income derived from
business or activity and from the assets owned or controlled.
Thus all such income is taxable in
Indonesia.
Letter b
Based on this provision, the income of the head office comes from
business or activity, sale of goods and provision of services, the like
with those carried out by a permanent establishment shall be deemed as
income of a permanent establishment, because in essence it is a business or
these activities are included in the scope of business or activities and
may be exercised by a permanent establishment.
A business or activity similar to a business or form activity
permanent business, for example occurs if a bank outside Indonesia
who have a permanent establishment in Indonesia, provide loans
directly without going through his permanent establishment to the company
in Indonesia.
Sales of goods similar to those sold by the business entity
permanent, for example a head office abroad that has a business form
still in Indonesia selling the same product as the product being sold
by the permanent establishment directly without going through the form
permanent business to buyers in Indonesia.
Provision of services by the head office that are similar to the services provided
provided by a permanent establishment, for example a corporate headquarters
consultants outside Indonesia provide the same consultancy as
the types of services rendered directly by the permanent establishment
without going through its permanent establishment to clients in Indonesia.
Letter c
Income as referred to in Elucidation of Article 26 received
or obtained by the head office shall be deemed as income from the form of business
remain in Indonesia, if there is an effective relationship between the assets or
income-generating activities with a permanent establishment
the. For example, X Inc. closed the license agreement with PT Y for
using the trademark X Inc. Upon the use of these rights X Inc.
received compensation in the form of royalties from PT Y. In connection with the agreement
the X Inc. also provides management services to PT Y through
a permanent establishment in Indonesia, in the context of marketing the products of PT
Y who uses the trademark.
In such case, the use of the trademark by PT Y has
effective relationship with a permanent establishment in Indonesia, and by
therefore X Inc.'s earnings. in the form of royalties is treated
as income of a permanent establishment.
Self-explanatory.
Letter a
Administrative costs incurred by the head office throughout
used to support the business or activities of a permanent establishment in
Indonesia, may be deducted from the income of a permanent establishment
the. The type and amount of the deductible costs
determined by the Director General of Taxes.
Letter b and letter c
Basically, a permanent establishment is an integral part of the office
its headquarters, so that payments by the permanent establishment to the office
headquarters, such as royalties for the use of headquarters assets, are
circulation of funds within a company. Therefore, based on
this provision the payment of a permanent establishment to its head office
in the form of royalties, compensation for services, and interest may not be deducted from
permanent establishment income. But if the head office and form
his permanent business is in the field of banking business, then payments
in the form of loan interest can be charged as a fee.
As a consequence of such treatment, payments that
of a kind received by the permanent establishment from its head officenot considered as a tax object, except interest received by
permanent establishment of its head office relating to the business
banking.