Contractor Oil Purchases Hampered by Tax

The efforts of PT Pertamina (Persero) to buy crude oil as part of the contract of the cooperation contract are still constrained by the existence of income tax on profit after tax or branch profit tax. 

    Director-General of Oil and Gas, Ministry of Energy and Mineral Resources Djoko Siswanto said, contractors who sell crude oil to Pertamina are subject to 44% tax. If the oil portion of the contractor is sold abroad, the tax levy is relatively smaller.

According to him, the problem was known during a discussion involving contractors in SKK Migas. At present, the sale of crude oil to domestic buyers has been exempted from Article 22 of Income Tax (PPh 22). However, the model of oil sales abroad that uses the Indonesian price scheme Crude price / ICP plus becomes a problem in the country.

Blogger Agus Purnomo in SKK Migas

"The time to sell crude oil in Singapore is subject to a tax of about a dozen percent, well if the country is taxed at 44%. Too big right? If large, it will be burdensome for paying taxes, "he said.

In the Income Tax Act, Article 26 states that income tax is imposed on income received by foreign and Indonesian taxpayers other than permanent establishment (BUT) in Indonesia. Levies are taken on tax profits obtained by a permanent business entity subject to additional income tax on profit after tax obtained by BUT at 20% or according to the applicable tariff in the tax agreement.

According to him, the contractor oil portion that Pertamina bought was not taxed. The reason is, when the contract of cooperation contracts sells oil through a subsidiary that becomes its affiliate (trading arm), the contractor is not subject to Article 26 income tax. 

    If this policy is not changed and the Contractor Partnership Contract (KKKS) will still be taxed, Djoko suggests that the  Income Tax (PPh 22) levy should be included in the selling price of the oil. Furthermore, Pertamina will pay the tax to the government.

Djoko explained, when the Directorate General of Taxes did not get income from transactions through the trading arm, there should be no questionable levy on sales to Pertamina. So far three oil and gas contractors have agreed on the selling price of crude oil with Pertamina. The three contractors include PT Energi Mega Persada and Premier Oil.

Bisnis Indonesia, Page-24, Monday, Oct 1, 2018

Agus Purnomo

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