Indonesia's tax amnesty program, which was launched in July 2016 and will run until 31 March 2017, can be labeled a success. Up to 16 October 2016, a total of IDR 3,842.9 trillion (approx. USD $296 billion) worth of assets (either at home or abroad) have been declared to Indonesia's tax authorities nearly achieving the government's target of IDR 4,000 trillion. However, asset repatriations (from the so-called tax havens) are not a success, being far from the government's initial projection and therefore Indonesian authorities are now easing regulations.

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The first phase of Indonesia's tax amnesty program ended on Friday (30/09). Contrary to earlier forecasts the first phase of the program can be labeled a success. The Indonesian government collected IDR 97.2 trillion (approx. USD $7.5 billion) in additional tax revenue, or 58.9 percent of the nine-month program's full target (IDR 165 trillion). Indonesia's tax amnesty program, which runs up to 31 March 2017, is divided in three phases. In the first phase the government offered the most attractive tax tariffs to taxpayers who declare and/or repatriate their previously unreported assets.

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Contrary to our earlier predictions, Indonesia's tax amnesty program has been on a roll in September 2016. The program is designed to boost the government's tax revenue by offering tax evaders attractive rates to come clean and declare their previously undeclared assets (whether stashed at home or abroad in the so-called tax havens). Those who join the program can also repatriate offshore assets into Indonesia, into specifically prepared investment instruments where the funds need to stay for at least three years.

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Realization of non-oil & gas tax revenue reached IDR 705 trillion (approx. USD $54 billion) up to 26 September 2016, or 53.5 percent of the full-year non-oil & gas revenue target that was set in the Revised 2016 State Budget (IDR 1,318.9 trillion). Ken Dwijugiasteadi, the Finance Ministry’s Taxation Director General, said bleak non-oil & gas tax revenue realization is partly the result of lower income tax and value-added tax realization generated from imports. Both Indonesia's import and export performance have been declining for nearly two years.

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According to reports in Indonesian media, President Joko Widodo is willing to extend the deadline for the first phase of the government's tax amnesty program. Originally, this first phase, which sets the most attractive tax rates for those who decide to declare previously undeclared assets and - if desired - repatriate their offshore assets into Indonesia, was designed to end on 30 September 2016. Rosan Roslani, Chairman of Indonesia's Chamber of Commerce and Industry (Kadin Indonesia), said Widodo is willing to extend the deadline on request of Indonesia's business community.

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Indonesian Finance Minister Sri Mulyani Indrawati was at a court hearing in Jakarta on Tuesday (20/09) to defend the legality of the nation's tax amnesty program. In July 2016 legal activists, gathered within the One Justice Foundation (Yayasan Satu Keadilan) and Indonesian People's Struggle Union (Serikat Perjuangan Rakyat Indonesia), filed for a judicial review at the Constitutional Court claiming that the program turns money laundering into a legal practice, protects criminals, teaches Indonesian citizens not to pay taxes, and constitutes an unfair program from a social point of view.

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The first period of Indonesia’s tax amnesty program is almost completed. This first period, which runs from July to 31 September 2016, offers the most attractive tax rates to those taxpayers who have not fulfilled their tax obligations in recent years. Through the government’s tax amnesty program they can declare previously undeclared assets and – if they have assets abroad (for example in the so-called tax havens) – they are encouraged to repatriate these funds into Indonesia through attractive tax incentives and immunity from prosecution, a move that met resistance in Singapore.

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The governor of Indonesia's central bank (Bank Indonesia), Agus Martowardojo, stated that he has become highly skeptical about the government's tax amnesty program that was launched in July. At a parliamentary hearing on Wednesday (07/09), Martowardojo said the central bank only expects to see IDR 21 billion (approx. USD $1.6 billion) in additional tax revenue through the amnesty program for the state and only USD $13.8 billion in repatriated funds. These new projections are significantly below the central bank's earlier projections.

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A total of 62 "big taxpayers" have joined Indonesia's tax amnesty program. According to local media their participation has resulted in a total of IDR 41.2 trillion (approx. USD $3.1 billion) worth of fund declarations and IDR 902 billion (approx. USD $68 million) in additional state revenue (tax). Meanwhile, the Tax Directorate General said there are more big Indonesian taxpayers ready to join the program. The tax office has formed a special team that calls the country's large businessmen on a daily basis to remind them about the tax amnesty program and their tax obligations.

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The ambitious tax amnesty program of the Indonesian government received support from three influential Indonesian businessmen. The first, James Riady, Chief Executive of the Lippo Group (and son of Mochtar Riady, the founding father of this huge conglomerate), joined the program by handing over his tax declaration documents to Indonesia's Tax Office on Friday (02/09). This declaration took place in front of an audience consisting of Indonesian press and therefore may cause some momentum for the controversial program that experienced a sloppy start.

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Freeport Indonesia stated that the company's production of copper concentrate plunged since the Indonesian government implemented the ban on exports of unprocessed minerals on 12 January 2014. Currently, Freeport only produces to supply Smelting Gresik, Indonesia's first copper smelter and refinery. As such, Freeport only operates at 45 percent of production capacity regarding copper concentrate. According to Freeport Indonesia's spokeswoman Daisy Primayanti, production of copper concentrate fell to 3,150 tons per day.

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Coal is one of the most important commodities for Indonesia in terms of state revenue as it accounts for about 85 percent of the country's total mining revenue. Therefore, when global coal prices fell sharply from 2011 (amid a slowing global economy), Indonesia felt the impact. In a response to lower coal prices, Indonesian miners actually increased coal output thus placing more downward pressure on coal prices and profit margins. Although the coal industry will remain frail for some time to come, long-term prospects are still strong.

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Indonesia's Ministry of Energy and Mineral Resources plans to set royalties for all types of coal at 13.5 percent (of net sales) as part of a revision of Government Regulation No. 9 - 2012 on Tariff and Types of Non-Tax Revenue. Currently, the percentage of royalty depends on the quality of the coal that is extracted as well as the type of permit that is issued to the coal miner. Apart from higher coal royalties, the Indonesian government also proposes a windfall profits tax in case there is a sharp upward price correction.

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Indonesia's Finance Minister Chatib Basri stated that the government of Indonesia is busy preparing three new policies that aim to restore financial stability as well as attract foreign direct investments. These three new policies involve the higher sales tax on imported luxury cars, a revision of Indonesia's negative investment list, and the higher income tax on imported consumption goods. These three new policies are in addition to the policy package that was introduced by the Indonesian government in August 2013.

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Apart from the five tax incentives that I have mentioned in a previous column, the Indonesian government also intends to ease two other tax rules in order to boost investments in Indonesia from 2014 onwards. These are the tax holiday and tax allowance. Relaxation of the tax holiday involves an alteration to the period as well as the size of the investment, and relaxation of procedural difficulties. Relaxation of the tax allowance involves the revision of the number of sectors that are eligible and a relaxation of procedures in the form of tax clearance.

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The government of Indonesia is busy preparing seven tax incentives to boost investment flows in 2014. Investments currently account for approximately 32 percent of the country's gross domestic product (GDP). Only domestic consumption owns a larger stake towards the economy with 55 percent. The regulatory framework related to the seven incentives is expected to be finalized by the end of this year. The incentives consist of five new ones and the relaxation of two older incentives, namely the tax holiday and tax allowance.

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Data released by a department of Indonesia's Ministry of Finance showed that the country's budget deficit amounted to IDR 25.9 trillion (USD $2.64 billion) on 31 May 2013. This figure is equivalent to 16.9 percent of the target that is set in the 2013 State Budget (IDR 153.3 trillion). The IDR 25.9 trillion deficit translates to 0.27 percent of Indonesia's gross domestic product (GDP). The maximum amount of deficit - as stipulated by the State Budget Law of 2013 - that is allowed to be maintained is equivalent to 1.65 percent of GDP.

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In the revised state budget, Indonesia's government has lowered its forecast for tax revenue in 2013. Originally, the government expected to receive IDR 1,193.0 trillion (USD $122.4 billion) but the figure has been tuned down to IDR 1,139.3 trillion (USD $116.9 billion). Minister of Finance Chatib Basri stated that the forecast for tax revenue has been revised down by IDR 55.1 trillion, while the figure for export duties has been raised by IDR 1.4 trillion. Indonesia's tax-to-GDP ratio in 2013 has been changed to 12.11 percent from 12.87 percent.

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The Indonesian government - through its Energy and Mineral Resources Ministry - has stated to provide fiscal incentives to encourage oil and gas exploration in Indonesia. Indonesia, a former OPEC member, has recorded a declining oil production since the 1990s due to a lack of exploration and investments in this sector. To reverse this situation, the government will provide a number of tax exemptions.

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