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May

19

VAT Incentive Regulations on the Purchase of Electric Vehicles

The Government is committed to accelerating economic transformation through value-added tax (VAT) incentives for the purchase of electric vehicles, including four-wheeled vehicles and buses in Indonesia. The Ministry of Finance has issued Minister of Finance Regulation No. 38 of 2023 concerning Value Added Tax on the Delivery of Certain Four-Wheeled Battery-Based Electric Motor Vehicles and Certain Battery-Based Electric Motor Vehicles for Buses, which are Covered by the Government for the Fiscal Year 2023. The incentive will take effect from the April 2023 tax period until the December 2023 tax period for the Fiscal Year 2023 and onwards.

This policy aims to accelerate economic transformation, increase investment attractiveness in the electric vehicle ecosystem, expand job opportunities, and facilitate the transition from fossil fuels to electric energy, which is expected to reduce emissions and improve energy subsidy efficiency especially in Indonesia. This program aligns with the roadmap for accelerating battery-based electric motor vehicles and Presidential Regulation No. 55 of 2019. The VAT incentives are provided for electric cars and electric buses with certain Domestic Component Level (Tingkat Komponen Dalam Negeri or TKDN) value criteria.

The incentives will be directed towards battery-based electric motor vehicles (Kendaraan Bermotor Listrik Berbasis Baterai or KBLBB) with four wheels and buses with a domestic component level (TKDN) greater than or equal to 40% (TKDN ≥ 40%). The government will bear 10% of the VAT, resulting in only 1% of the VAT that needs to be paid. For KBLBB with TKDN above or equal to 20% and below 40% (20% ≤ TKDN < 40%), a 5% VAT incentive will be provided, resulting in 6% of the VAT that needs to be paid. The models and types of vehicles that meet the TKDN requirements are determined by Minister of Industry Decree No. 1641 of 2023. The TKDN value criteria consider alignment with Presidential Regulation No. 55 of 2019 regarding the Acceleration of the Battery Electric Vehicle (BEV) Program for Road Transportation and the roadmap for accelerating battery-based electric motor vehicles from the Ministry of Industry.

Regarding the conversion program, individuals who receive the assistance are required to go through certified conversion workshops issued by the Ministry that manages governmental affairs in the transportation sector, which is regulated in Minister of Energy and Mineral Resources Regulation No. 3 of 2023 concerning General Guidelines for Government Assistance in the Motorcycle Conversion Program with Internal Combustion Engine to Battery-Based Electric Motorcycles. The conversion cost is determined at a maximum of IDR 17,000,000 for motorcycles with a 110cc engine capacity, and the conversion discount given is IDR 7,000,000. The electric motor conversion assistance for the 2023 fiscal year is limited to 50,000 electric motorcycles, while for the 2024 fiscal year, it is set at 150,000 electric motorcycles. The amount of electric motorcycles that can be converted can be evaluated annually.

If you need consultation concerning this issues, Schinder Law Firm is one of many corporate law firms in Indonesia. Our professional civil lawyers strive to understand your unique needs and concerns; we will develop creative, cost-effective ways to assist you. Contact us at info@schinderlawfirm.com today to schedule a consultation to discuss your situation and how we can help.

Author: Dewi Susanti