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Maulana Ibrahim, Andre Wilson Siregar, Ellicia Emerliawati, Firyal Alvivah Safana, & Gabriel Muara Thobias

Article 4(2) Income Tax on Interest Bonds Received or Obtained by Domestic Taxpayers and Permanent Establishment (BUT)


Cover for article titled "Article 4(2) Income Tax on Interest Bonds Received or Obtained by Domestic Taxpayers and Permanent Establishment (BUT)"

To harmonize the rate reduction policy, ensure income tax equality between bond investors, and encourage the development of the bond market, the Indonesian Government imposes Income Tax ("PPh") Article 4(2) which is final on bond interest received and/or obtained by Domestic Taxpayers and Permanent Establishments.


Tax Subject


Article 4(2) Income Tax is imposed on Domestic Taxpayers and Permanent Establishments which receive or obtain interest bonds.


Those included as a tax subject in the Domestic Taxpayers category are individuals, the undivided inheritance as a unit replaces the rightful, and corporates, based on the Income Tax Law. Mutual funds and collective investment contracts are also included as corporate taxpayers.


Not included as tax subjects for Article 4(2) are:

  1. Pension Funds Taxpayers which establishments have been ratified by the Minister of Finance and fulfill certain requirements as mentioned in Article 4(3) letter h on Income Tax Law and its implementation regulations; and

  2. Bank Taxpayers which was established in Indonesia or is a foreign bank branch in Indonesia


Tax Withholder


Tax Withholders are:

  1. The bond issuer or custodians as appointed payment agents, on interests and/or discounts received by the bond handler with coupons by the time of the handler’s interest bonds maturity and discounts received by the bond handler without interests by the time of maturity;

  2. Securities companies, dealers, banks, pension funds, or mutual funds as intermediary traders and/or buyers, for the interest and discounts received by the bond seller at the time of the transaction; and/or

  3. The custodian or sub-registry, as the party that records the transfer of ownership rights, will pay interest and discounts received by the bond seller in the event that the sales transaction is carried out directly without going through an intermediary and the bond buyer is not the party appointed as the cutter as referred to in number 2 above.


In the event that bond interest issued by the Government is administered through the Bank Indonesia Scriptless Securities Settlement System, Final Article 4(2) Income Tax on bond interest is not deducted and is paid by the income recipients themselves.


Tax Object


Article 4(2) Income Tax is imposed on income in the form of interest bonds, which is a type of compensation received or obtained by bondholders in the form of interest, ujrah/fee, profit sharing, margin, other similar income, and/or discounts.


Considered as bonds are debt securities, government bonds, and regional bonds with a maturity date of more than 12 (twelve) months issued by the government and non-government, including debt securities issued based on sharia principles (sukuk).


Tax Base


The imposition basis of Article 4(2) Income Tax on income in the form of interest bonds is as follows:

  1. Interest bearing bonds are the gross amount of interest according to the bond ownership period;

  2. The discount from an interest bearing bond is the excess of the selling price or nominal value above the purchase price of the bond, excluding current interest; And

  3. The discount from interest-free bonds is the excess of the selling price or nominal value above the acquisition price of the bond.


In the case of a negative discount or loss during the bond selling period with coupons, negative discount or loss can be calculated on the basis of the imposition of PPh Article 4 paragraph (2) on current bond interest.


The bond seller is obligated to inform the bond acquisition price and acquisition date, as well as submit proof of withholding of Article 4(2) Income Tax from previous bond purchases to the tax withholder, where the tax withholder can then calculate interest and/or discounts, which are the basis for withholding Article 4(2) Income Tax.


In the case of bond acquisition price and acquisition date cannot be determined, the bond acquisition price and acquisition date are determined by prioritizing the acquisition price and acquisition date of similar bonds obtained first (First In First Out method).


In the case of the bond seller withholding information on the bond acquisition price and acquisition date, then the interests and/or discounts income of those who are not or insufficiently notified are subject to income tax plus administrative sanctions in the form of interest.


Tax Rate


Interest bonds imposed with Article 4(2) Income Tax are final with a rate of 10% from the tax base imposition.


Due Date


Article 4(2) Income Tax on income in the form of interest bonds is due at:

  1. Bond interest maturity

  2. Bond maturity

  3. Bond sale transactions.


Withholding Tax Procedure


Article 4(2) Income Tax is withheld by tax withholders on income in the form of interest bonds received by domestic taxpayers and permanent establishments.


Tax withholder is obligated to provide proof of withholding Article 4(2) Income Tax to domestic taxpayers and permanent establishments that received or obtained interest bonds.


Tax Payment Procedure


The withholder of Article 4(2) Income Tax, as well as the Article 4(2) Income Tax self-paying taxpayer, is required to pay the tax to the Post Office or a bank appointed by the Minister of Finance, no later than the 10th (tenth) of the following month after the month the tax withholding is made.


If the tax payment due date coincides with a holiday including Saturday, Sunday, national holidays, days off for holding the General Election, or national collective leave, the payment can be made on the next working day.


The payment is made using a Tax Payment Slip with the tax account code 411128 and the payment code 401 for Final Income Tax on Interest Bonds.


Tax Filing Procedure


The withholder and the self-paying taxpayer of Article 4(2) Income Tax must report the income tax withheld and paid in the monthly unified Article 4(2) Final Income Tax return by no later than the 20th (twentieth) days after the tax period ends.


If the filing due date of the monthly Article 4(2) Final Income Tax return coincides with a holiday including Saturday, Sunday, national holidays, days off for holding the General Election, or national collective leave, the filing can be made on the next working day.


Individuals that receive interest bonds are obligated to file income in the form of interests and Article 4(2) Income Tax withheld and/or paid by themselves on their Annual Individual Income Tax Returns by 3 (three) months after the end of a tax year.


Corporates that receive interest bonds are obligated to file income in the form of interests and Article 4(2) Income Tax withheld and/or paid by themselves using Attachment IV in the Annual Corporate Income Tax Returns by 4 (four) months after the end of a tax year.


Example of Article 4(2) Income Tax on Interest Bonds Received or Obtained by Domestic Taxpayers and Permanent Establishment (BUT)


Illustration 1


On 1 July 2022, PT AAA (issuer) issued interest bearing bonds with the following information:

  • Nominal value is IDR10,000,000 each

  • Bond term is 5 (five) years (due date falls on 1 July 2027)

  • Fixed interest rates are set at 16% per year (due date for interest falls on every June 30 and December 31)

  • Initial issuance was listed on the Indonesian Stock Exchange (BEI).

 

During its initial issuance, PT BBB (investor) bought 10 bonds with a price below its nominal value (at discount), which is set at IDR9,500,000 each. On 31 May 2023, PT BBB sold all its bonds to PT CCC with a selling price of IDR10,666,667 each including accrued interest, through an intermediary.


How to calculate the accrued interest, discount, and Article 4(2) Income Tax payable from PT BBB during the selling period of the bond on 31 May 2023? Who does the withholding of Article 4(2) Income Tax? How much money will be received by PT BBB during the bond selling period on 31 May 2023?


Calculate the accrued interest amount:

= (5/12 x 16% x IDR10,000,000) x 10 bonds = IDR6,666,667


Calculate the discount amount:

((IDR10,666,667-IDR666,667) - IDR9,500,000) x 10 bonds = IDR5,000,000


Then, we calculate the Article 4(2) Income Tax on Interest Bonds and Discsounts by multiplying the 10% tax rate with the accrued interest and discount amount. Since Article 4(2) Income Tax is imposed with a similar rate, then the Article 4(2) Income Tax on accrued interest and discount can be calculated together:


Article 4(2) Income Tax = 10%  x  (IDR6,666,667+5,000,000) = IDR1,166,666


Article 4(2) Income Tax will be withheld by PT CCC. PT BBB will then receive money amounting to IDR105,500,004 during the bond selling period.


Illustration 2


On 1 July 2020, PT ABC (issues) issued interest bearing bonds with the following information:

  • Nominal value at IDR10,000,000 each

  • Bond term is 5 (five) years (due date falls on 1 July 2025)

  • Fixed interest rates are set at 16% per year (due date for interest falls on every June 30 and December 31)

  • Initial issuance was listed on the Indonesian Stock Exchange (BEI).

 

PT XYZ (investor) bought 10 bonds during the initial issuance,  with a price below its nominal value (at discount), which is set at IDR9,000,000 each.


How to calculate the accrued interest, discount, and Article 4(2) Income Tax payable from PT XYZ on the maturity date of 31 December 2023? Who does the withholding of Article 4(2) Income Tax? How much money will be received by PT XYZ when the interest bonds mature on 31 December 2023?


Calculate the accrued interest amount:

= (6/12 x 16% x IDR10,000,000) x 10 bonds = IDR8,000,000


Then, we calculate the Article 4(2) Income Tax on Interest Bonds by multiplying the 10% tax rate with the interest amount on maturity:


Article 4(2) Income Tax = 10% x IDR8,000,000 = IDR800,000


Article 4(2) Income Tax will be withheld by the issuer or custodian appointed as cash settlement agent. PT XYZ will then receive IDR7,200,000 on bond maturity.


Illustration 3


On 31 March 2024, PT XYZ sold their entire bonds to PT PQR through a securities company named PT MNO Sekuritas using over-the-counter (OTC), with a selling price of IDR10,400,000 each including accrued interest.


How to calculate accrued interest and Article 4(2) Income Tax payable by PT XYZ during the bond selling period on 31 March 2024? Who withholds the Article 4(2) Income Tax? How much money will PT XYZ receive during the bond selling period on 31 March 2024?


Calculate the accrued interest amount:

= (3/12 x 16% x IDR10,000,000) x 10 lembar = IDR4,000,000

After calculating the accrued interest amount, the selling price not including the accrued interest is IDR10,000,000 each for the bonds.


Calculate the discount amount:

((IDR10,400,000 - IDR400,000) - IDR9,000,000) x 10 bonds = IDR10,000,000


Then, we calculate the Article 4(2) Income Tax on Interest Bonds by multiplying the 10% tax rate with the accrued interest amount. Since Article 4(2) Income Tax is imposed with a similar rate, then the Article 4(2) Income Tax on accrued interest and discount can be calculated together:


Article 4(2) Income Tax = 10% x (IDR4,000,000 + IDR10,000,000) = IDR1,400,000


Article 4(2) Income Tax is withheld by PT MNO Sekuritas as the intermediary. PT XYZ will receive IDR102,600,000 on the maturity date.


Illustration 4


On 31 March 2023, PT PQR bought 10 interest bearing bond with the following information:

  • Nominal value at IDR10,000,000 each

  • Buying price at IDR10,400,000 each

  • Bond term is 5 (five) years (due date falls on 1 July 2028)

  • Fixed interest rate is at 16% each each (due date falls on every June 30 and December 31)


PT PQR has bonds bought from PT XYZ until 31 December 2024. For every maturity date that passes by during the bond ownership period, PT PQR will be due Article 4(2) Income Tax for 10% on interest received or obtained deducted by the issuer or custodian appointed as cash settlement agent.


How does the accrued interest and Article 4(2) Income Tax payable by PT PQR calculated during the maturity period on 30 June 2024? Who does the withholding for Article 4(2) Income Tax? How much money will be received by PT PQR when the interest matures on 30 June 2024?


Calculate the accrued interest amount:

= (6/12 x 16% x IDR10,000,000) x 10 bonds = IDR8,000,000


Then, we calculate the Article 4(2) Income Tax on Interest Bonds by multiplying the 10% tax rate with the interest amount on maturity:


Article 4(2) Income Tax = 10% x IDR8,000,000 = IDR800,000


Article 4(2) Income Tax will be withheld by the issuer or custodian appointed as cash settlement agent. PT PQR will receive IDR7,200,000 on the maturity date.


Illustration 5


On 31 December 2024, PT PQR sold their entire bonds to PT CDE through Bank Pundi Nasional as an intermediary, with a selling price of IDR10,500,000 each.


How does the calculation for matured interest and Article 4(2) Income Tax payable done by PT PQR during the bond selling period on 31 December 2024? Who withholds the Article 4(2) Income Tax? How much money will PT PQR receive when the interest matures and during the bond selling period on 31 December 2024?


Calculate the accrued interest amount:

= (6/12 x 16% x IDR10,000,000) x 10 bonds = IDR8,000,000


Then, we calculate the Article 4(2) Income Tax on Interest Bonds by multiplying the 10% tax rate with the interest amount on maturity:


Article 4(2) Income Tax = 10% x IDR8,000,000 = IDR800,000


Article 4(2) Income Tax on accrued interest will be withheld by the issuer or custodian appointed as cash settlement agent. PT PQR will receive IDR7,200,000 when interest matures.


Calculate the discount amount:

(IDR10,500,000 - IDR10,400,000) x 10 bonds = IDR1,000,000


Then, we calculate Article 4(2) Income Tax on Discounts by multiplying the 10% tax rate with the discount amount:


Article 4(2) Income Tax = 10% x IDR1,000,000 = IDR100,000


Article 4(2) Income Tax is withheld by Bank Pundi Nasional as the intermediary. PT PQR will receive IDR104,900,000 during the bond selling period.


Illustration 6


On 31 May 2025, PT CDE sold their entire bonds to Dana Pension Sejahtera Mandiri following the approval from the Minister of Finance, directly without any intermediary, with a selling price of IDR10,666,667 each including interest.


How does the calculation of accrued interest, discounts, and Article 4(2) Income Tax payable by PT CDE during the bond selling period on 31 May 2025? Who withholds the Article 4(2) Income Tax? How much money will PT CDE receive during the bond selling period on 31 May 2025?


Calculate the accrued interest amount:

= (5/12 x 16% x IDR10,000,000) x 10 bonds = IDR6,666,667


Calculate the discount amount:

((IDR10,666,667 - IDR666,667) - IDR10,500,000) x 10 bonds = (IDR5,000,000)


Then, we calculate Article 4(2) Income Tax on Interest Bonds and Discsounts by multiplying the 10% tax rate with the accrued interest. However, because the discount calculation showed a negative result or loss, then the discount cannot be accounted with accrued interest income, as follows:


Article 4(2) Income Tax = 10% x (IDR6,666,667-IDR5,000,000) = IDR166,667


Article 4(2) Income Tax will be withheld by Dana Pensiun Sejahtera Mandiri. PT CDE will receive IDR106,500,003 during the bond selling period.


Illustration 7


On 1 July 2025 as the bond matures, Dana Pensiun Sejahtera Mandiri receives repayment on their entire bonds, as well as an interest compensation following their ownership for 1 (one) month from PT ABC (issuer).


How does the calculation of accrued interest, discounts, and Article 4(2) Income Tax payable by Dana Pensiun Sejahtera Mandiri during the bond maturity period on 1 July 2025? Who withholds the Article 4(2) Income Tax? How much money will Dana Pensiun Sejahtera Mandiri receive during the bond maturity period on 1 July 2025?


Calculate the accrued interest amount:

= (1/12 x 16% x IDR10,000,000) x 10 bonds = IDR1,333,330


Calculate the discount amount:

(IDR10,000,000 - IDR10,000,000) x 10 bonds = null


Income in the form of interest bonds received by Dana Pensiun Sejahtera Mandiri is not Article 4(2) Income Tax payable since the income received is exempted from the imposition of Article 4(2) Income Tax following the provision in Article 4(3) letter h on the Income Tax Law and Article 2(2) letter a on the Ministry of Finance Regulations No. 07/PMK.011/2012.


Illustration 8


On 1 January 2021, PT ABC issued a non-interest bearing debt securities with the following information:

  • Nominal value IDR10,000,000

  • Bond term is 10 (ten) years (due date falls on 1 January 2031)

  • Initial issuance was listed on the Indonesian Stock Exchange (BEI).

PT GHI bought 100 non-interest bearing debt securities with a special price of IDR6,000,000 each.


On 31 August 2024, PT GHI sold 50 of those bonds in the Indonesia Stock Exchange through the securities company PT MNO Sekuritas to PT JKL for IDR7,000,000 each.


How does the calculation for discount and Article 4(2) Income Tax payable by PT GHI during the bond selling period on 31 August 2024? Who withholds the Article 4(2) Income Tax? How much money will PT GHI receive during the bond selling period on 31 August 2024?


Calculate the discount amount:

= (IDR7,000,000 - IDR6,000,000) x 50 bonds = IDR50,000,000


Then, we calculate Article 4(2) Income Tax on Discounts by multiplying the 10% tax rate with the discount amount during the bond selling period:


Article 4(2) Income Tax = 10% x IDR50,000,000 = IDR5,000,000


Article 4(2) Income Tax is withheld by PT MNO Sekuritas as an intermediary. PT GHI will receive IDR345,000,000 during the bond selling period.


 

Legal Basis:

  1. Law Number 7 Year 1983 regarding Income Tax as lastly amended by Law Number 7 Year 2021 regarding Harmonization of Tax Regulations

  2. Government Regulations Number 91 Year 2021 on income Tax on Income in the Form of Interest Bonds Received or Obtained by Domestic Taxpayers and Permanent Establishments

  3. The Minister of Finance Regulations Number 85/PMK.03/2011 on Procedure For Withholding, Remittance, And Reporting Of Income Tax On Bond Rate as lastly amended by the Minister of Finance Regulations Number 07/PMK.011/2012  on Amendments on the Minister of Finance Regulations Number 85/PMK.03/2011 on Procedure For Withholding, Remittance, And Reporting Of Income Tax On Bond Rate

 
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