In the absence of a general anti-tax avoidance rule, numerous cross-border transactions in Indonesia are structured to minimise Indonesian tax. There are various specific anti-tax avoidance rules such as CFC and thin capitalisation, but the tax authorities are apparently worried that treaty abusive practices still occur. Back in 2005, the Indonesian tax authority commenced its efforts to combat those practices by issuing circular letters on beneficial ownership and a unilateral increase of withholding tax on interests paid to Dutch tax residents from 0% to 10%. As part of the reform process, the 2008 income tax law also explicitly defines a beneficial owner. A large number of those measures are considered less than successful, as there were many international tax disputes that were verified in court and decided in favour of the taxpayer.
December 01 2009