A
business must recognize the consequences of tax to prevent double taxation when
moving funds abroad. Here is what you need to know.
A
corporation must be mindful of the tax consequences when moving assets abroad.
If proper protocols are not taken, double taxation would be enforced. The
company could also be subject to fines. You will find out in this article how
double taxation can be avoided in Bali.
What is Double Taxation in Bali?
Double
taxation is when a citizen in separate states pays tax on the same income.
A
Singaporean company, for example, has equity in an Indonesian company. The
Singaporean corporation earns dividends as its shareholder. Then the Indonesian
corporation passes funds to the Singaporean corporation. In Indonesia and
Singapore, they pay tax if the Indonesian business does not comply with
appropriate procedures.
Withholding Tax on Overseas
Transactions
When
moving profits overseas, companies must be aware of the taxes. The corporation
shall pay taxes retroactively if the taxes are audited and determined to have
been paid improperly. It may also be subject to fines. Many revenue forms are
tax-restricted.
We detail some common
examples of these below.
Withholding
Tax on Dividends, Interest, and Royalties
For
revenue from dividends, interest and royalty, the relevant withheld tax rates
apply. On both of these, the tables below display tax rates.
Tax
Rate on Dividends
Income
recipient
|
Portfolio
Tax Rate (<25% ownership)
|
Tax
Rate on Substantial holdings (>25)
|
Resident Corporations
|
15%
|
N/A
|
Resident Individuals
|
10%
|
10%
|
Non-resident corporations and
individual non-treaty
|
20%
|
20%
|
Tax
Rate on Interest and Royalties
Income
recipient
|
Interest
or Royalties
|
Resident Corporations
|
15%
|
Resident Individuals
|
15%
|
Non-resident corporations and individual
non-treaty
|
20%
|
Withholding Tax on Services Provided
Revenues deriving from
service provision can also be taxable. Such services include the following:
·
Cinematography;
·
Advertising and
marketing;
·
Related to
software, or hardware, or computer systems including service and maintenance;
·
Website
development and maintenance;
·
Internet-related
services, including internet connections;
·
Storing,
processing, distribution of data, information, and/or programs;
·
Installation of
machines;
·
Maintenance of machines;
·
Maintenance of
vehicles, land, water, and air;
·
Security and
investigation; etc.
The
Indonesian non-resident provider tax withholding limit in Indonesia is 2%. For
services rendered outside Indonesia, this 2% tax rate does not apply. Unless
sponsored by: The withholding tax limit on non-tax resident service providers
is 20%;
·
Certificate of
Domicile (DGT 1 form)
·
Certificate of
Residence
Avoiding Double Taxation in Bali
Actual
tax planning is necessary in order to prevent double taxation on transfers
worldwide. A competent accounting service will tell you, like Kibarer
development, about applicable tax laws. We also guarantee that we follow tax
exemption procedures to discourage duplication of taxes.
Tax
Treaties to Prevent Double Taxation
Tax
arrangements are double-tax deals between the two countries. These deals will
eliminate or reduce taxes on purchases abroad for taxpayers.
Indonesia has double
taxation avoidance agreements with 67 countries. Including the following:
·
Australia
·
Canada
·
China
·
Hong Kong
·
India
·
Malaysia
·
New Zealand
·
Philippines
·
South Korea
·
Singapore
·
Spain
·
Taiwan
·
Thailand
·
United Kingdom
·
United States of
America
·
Vietnam
The
tables below show relevant tax rates from selected countries.
Tax rates on Dividends
Country
|
Tax
Rate (Portfolio)
|
Tax
Rate (Substantial)
|
Australia
|
15%
|
15%
|
Canada
|
15%
|
10%
|
New Zealand
|
15%
|
15%
|
Singapore
|
15%
|
10%
|
UK
|
15%
|
10%
|
USA
|
15%
|
10%
|
Tax rates on Interest and
Royalties
Country
|
Interest
|
Royalties
|
Australia
|
10%
|
10%/15%
|
Canada
|
10%
|
10%
|
New Zealand
|
10%
|
15%
|
Singapore
|
10%
|
15%
|
UK
|
10%
|
10%/15%
|
USA
|
10%
|
10%
|
Double
Taxation without a Tax Treaty
However,
the avoidance of a tax treaty would not mean double taxes automatically. It
depends on the laws of the nation of the beneficiary. Tax professionals from Kibarer
development will inform you whether there is any possible way to prevent double
taxation in other countries.
How to Use the Reduced Tax Rate in
Bali
Companies must apply for
tax exemption to enjoy reduced tax rates.
The
Process to Apply for Tax Exemption in Bali
1.
DGT 1 Form and Certificate of Residence: A Certificate of Domicile (DGT 1 Form) and a Certificate
of Residency must be prepared and submitted by the foreign agent. The foreign
tax authority must issue the certificates. The DGT 1 form must also be signed
and stamped by their tax authorities.
2.
Withhold taxes and submit the DGT 1 Form: Taxes must be withheld in Bali, and a DGT 1 form is
submitted. Local businesses must submit the document by the time the
withholding tax return is submitted.
If
the company fails to request a form within the time defined in the DGT 1, 20
percent withholding tax shall apply to the respective amount. It is important
to remember that it is unnecessary to qualify for a tax exemption on a
retroactive basis. The business must apply before making the transfer.
Kibarer
development will make it easy to apply the DGT 1 form and measure the taxes
correctly. Our expert team will ensure that your payments' tax rates are
lowered and that double taxation is eliminated.
Requirements for the DGT 1 Form
The
foreign company must also meet certain conditions. Such conditions include the
following:
The
international party shall first conduct the following anti-treaty violation
tests. These refer to all forms of income produced by Indonesia:
·
The entity has the
same legal form and economic substance either in the entity’s establishment or
the execution of its transaction;
·
The entity has its
own management to conduct its business, and such management has an independent
discretion; and
·
The entity has
business activity other than receiving dividends, interest, royalties sourced
from Indonesia
When
producing profits in the form of dividends, interest or royalties, the
international party shall conduct the following test of beneficial ownership,
if necessary under the applicable tax treaty:
·
The entity is not
acting as an agent, nominee, or conduit;
·
The entity has
controlling rights or disposal rights on the income, the assets, or the rights
that generate the income;
·
The entity bears
the risk on its own assets, capital, or liabilities; and
·
The entity has no
contracts which oblige the entity to transfer the income received to residents
of a third country.
The
accounting staff of Kibarer development will help you escape double taxes in
Bali. We will help with the planning and application of the DGT 1 form to the
Indonesian tax authorities. We would also help you measure and record your
taxes accurately.