Coming home to Indonesia, need guidance...

Source:

Article 23 Relief from Double Taxation. Paragraph (2). Tax shall be determined in the case of a resident of the Republic of Indonesia as follows: (b) where a resident of Indonesia derives income from the Federal Republic of Germany and such income may be taxed in the Federal Republic of Germany in accordance with the provisions of this Agreement, the amount of the German tax payable in respect of the income shall be allowed as a credit against the Indonesian tax imposed on that resident".

In other words, if an tax-resident (i.e. a NWA-Germany) receives income from Germany and pays taxes on it, he/she can use this amount as a credit to reduce the tax levied in Indonesia. This helps prevent double taxation and ensures that the resident is not taxed twice on the same income.

However ...

I asked AI-copilot of Microsoft to do this calculation assuming:

1. German individual has an (bruto) income of EUR 80,000.
2. Pays tax on this with 'no tax on the first part of income', up to a certain threshold.
3. Tax-free allowance of EUR 21,816 (see post Pantaiema).
4. Taxable income = EUR 80,000 - EUR 21,816 = EUR 58,184
5. Progressive tax rates, but on average let's assume the tax rate for this income is 30%.
6. Tax = (Taxable income) × (Tax rate) = EUR 58,184 × 0.30 = EUR 17,455.20
7. He now becomes a resident of Indonesia.

This is AI-copilot's calculation:
8. We will take into account the tax treaty between these two countries.
9. The amount of German tax he paid is allowed as a credit against Indonesian.
10. Let's assume that the Indonesian tax rate is 30%.
11. Indonesian tax on income from Germany = 30% of EUR 80,000 = EUR 24,000
12. The tax credit EUR 17,455.20.
13. Net Indonesian tax = EUR 24,000 - EUR 17,455.20 = EUR 6,544.80

He still has to pay a net tax of EUR 6,544.80 in Indonesia on the income he receives from Germany, taking into account the tax treaty and the allowed tax credit.

Ya Ampuuun! 😕
When reading the DTA pay more attention to "shall be taxable only" and "may be taxed". One good tax consultant told me tax treaty is more for income from business source in another contracting state. Like for example WNI has income from abroad (pajak pasal 24), or WNA or SPLN get income from dalam negeri (pajak pasal 26). Even he said pension from abroad is similar to JHT, so JHT from luar negeri is not an objek pajak DN. It makes sense and fair to me. I like this one, LOL...
But other tax authorities may interpret different.

When reading the DTA we really have read the whole paragraph and previous article. Like what Jstar mentioned, dont assume.

But still....... we have to cross the bridge when we come to it....
 
When reading the DTA pay more attention to "shall be taxable only" and "may be taxed". One good tax consultant told me tax treaty is more for income from business source in another contracting state. Like for example WNI has income from abroad (pajak pasal 24), or WNA or SPLN get income from dalam negeri (pajak pasal 26). Even he said pension from abroad is similar to JHT, so JHT from luar negeri is not an objek pajak DN. It makes sense and fair to me. I like this one, LOL...
But other tax authorities may interpret different.

When reading the DTA we really have read the whole paragraph and previous article. Like what Jstar mentioned, dont assume.

But still....... we have to cross the bridge when we come to it....
Yes, I know .. "may be taxed" in the DTA Germany and Indonesia, means that that Germany has an option to tax the income, but can also for what reason to not tax the income. If Germany tax the income, the WNA in Indonesia can use
the paid tax as credit. If Germany doesnot tax, then Indonesia has the right to tax.

Reading the whole paragraph is not necessary. If one's particular case fits the description of a particular subparagraph, that's it. Full stop right there. Other subparagraph describes other particular cases.

Its like the game with marbles on a hard board with holes in it. If the marble falls in one of the holes, that is it. That's how these laws are set up.
 
But other tax authorities may interpret different.



But still....... we have to cross the bridge when we come to it....
You might be very right here, what might happen on the frontline, so to say, might be different from what we discuss here in theory. Depending on the place, the people you deal with or other circumstances.

It's still good to be prepared to have to cross that bridge one day, as you would say it. So just count the worst case, could you live with it? Then good luck. That worst case might never happen but it could and it is good to be mentally prepared for it. That's all Iam saying.
 
Thank you Mamang for your wisdom. I know I have lots of "homework"
I like compliments, but don't give me too much flowers 😂😂..i learned a lot of things these days also.

And yeah, basically I just want people to be happy and be able to live peacefully. That's why I often sympathise with what Shadrach says. It's just not enak to have some kind of problem hanging over you, or the fear of something to happen. I also have my problems here and there, accepted them and find solutions. J
 

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