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Setting up a Business in Indonesia

Update Date:2015-9-18 8:35:24 Source:Tannet (Malaysia) Sdn Bhd Views:754

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In order to carry out business activities in Indonesia, the company is required to be incorporated as a limited liability company in Indonesia. This process is handled by BKPM for business areas that do not require a special license. Certain business areas require a foreign company to establish a local partner and are allowed up to a certain percentage of ownership depending on the sector.

PMA - Penanaman Modal Asing

A 100% or majority foreign owned company is called a PMA and is obtained through the Indonesia Investment Coordinating Board (BKPM). The advantages of this type of company are that it gives the foreign investor full control over the direction of the company and reduces the risk in finding a suitable local partner. Non-equity partnerships can still be established with local Indonesian companies for business services such as marketing.

Investment licenses are granted for 30 years and theoretically require that after 15 years of operation, a 5% minimum share is divested to domestic ownership for companies engaged in natural resource extraction such as mining. PMAs are under the form of a limited liability company Perseroan Terbatas or PT.

New foreign investors are entitled to the incentives of an exemption of tax on capital goods imports that are needed for production for 2 years (BKPM Law No.12/2009) and streamlined access to land in Special Economic Zones. A tax holiday of 5 years is under discussion by the Ministry of Finance in business sectors such as renewable energy and manufacturing which add value to primary products.

Representative Office

For most business areas, companies can set up a representative office in Indonesia. Based on Ministry of Trade Regulation No.10/2006, the company cannot engage directly in sales and is rather for marketing, buying and distribution purposes. Representative office set up is through application to BKPM for companies wishing to engage in areas of business under BKPM’s juristiction and regional representative offices.


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