Indonesian lawyer | Legal consultant | Tax consultant

When it comes to Legal & Tax matters, making the right move is vital

Kusuma & Partners Law Firm is one of leading Indonesian law firm as well as tax firm. We assist clients to face challenging legal, tax, and regulatory challenges in Indonesian. Offering an integrated Legal and Tax services, our teams of professional lawyers and tax consultants have proven international experience. We are proud that our clients can access our fully integrated range of consultancy and services by way of a single contact.
Featured Practice Areas

Our expertise spans the full suite of legal and tax services to include both advisory and transactional work where we have been involved in landmark corporate transactions, as well as complex and litigation and matters.

General corporate & Comercial

We work with our clients to understand commercial and business objectives. We express our advice in commercial terms and offer seamless end-to-end service across the lifecycle of your project and long-term goals.

Litigation & Dispute resolution

With more than a decade of experience in commercial disputes and litigation through Indonesian courts, our team of lawyers has successfully represented our clients including a range of Individual, Indonesian Local Company (PT PMDN), Foreign-Owned Company (PT PMA), multinational company.
Tax & accounting

Tax

We assist client both corporate and individual to find the most tax-friendly approach for many types of transactions and industries by applying our extensive knowledge of the prevailing Indonesian tax regulations and our extensive knowledge as practitioner in the field of taxation. We assess the tax implications of the proposed business structures and provide recommendations of the most tax efficient.

Why Choose Kusuma & Partners?

Extensive Expertise

We offer deep knowledge across various legal fields, ensuring tailored solutions for your needs.

Comprehensive Services

From corporate setup to complex litigation, we handle all your legal & tax matters under one roof.

Cost-Effective Solution

Our fee structure is designed to offer the best possible legal support at cost-effective rates, ensuring that you receive excellent service and results at a fair price.

Strategic Counsel

We offer proactive advice, helping you make informed decisions that protect and advance your interests.

Local Network

Our strong network of connections with local authorities, experts, and industry leaders enhances our ability to deliver comprehensive solutions.

Long-Term Relationships

We believe in building lasting partnerships with our clients, offering continuous support and strategic guidance to help your business grow and succeed over time.

Frequently Asked Questions

In most cases, changing visa types (e.g., from a Business Visa to a KITAS) requires leaving Indonesia and applying from abroad. However, specific visas, such as a temporary visa to KITAS, may be converted under certain conditions. We can guide you on the best approach based on your situation.

What is Indonesian Tax Advisory, and why is it important for my business?

Indonesian Tax Advisory involves expert guidance on navigating Indonesia’s complex tax regulations. It’s essential for ensuring compliance, optimizing tax liabilities, and avoiding penalties.

How can your firm help with my tax planning in Indonesia?

We provide tailored tax planning strategies that align with your business goals, helping you minimize tax liabilities while ensuring full compliance with Indonesian tax laws.

What types of taxes are applicable to businesses in Indonesia?

Businesses in Indonesia are subject to several taxes, including corporate income tax, VAT, withholding tax, and specific industry-related taxes. We help you understand and manage these obligations effectively.

How often should I review my tax strategy in Indonesia?

It’s recommended to review your tax strategy annually or whenever there are significant changes in your business operations or tax regulations. We provide ongoing advisory services to keep your strategy up to date.

What are the consequences of non-compliance with Indonesian tax laws?

Non-compliance can result in penalties, fines, and legal issues that can disrupt your business operations. Our services help you stay compliant and avoid these risks.

How can I take advantage of tax incentives in Indonesia?

Indonesia offers various tax incentives for specific industries and activities. We identify relevant incentives for your business and help you apply for and maximize these benefits.

What should I do if I receive a tax audit notice?

If you receive a tax audit notice, it’s crucial to respond promptly. We assist in preparing for the audit, ensuring all documents are in order, and representing you during the process.

How do Indonesian tax laws affect foreign-owned businesses?

Foreign-owned businesses must comply with both local and national tax regulations, which can be complex. We provide specialized advisory services to help foreign businesses navigate these requirements.

What is the process for filing taxes in Indonesia?

Filing taxes in Indonesia involves preparing and submitting tax returns according to the schedule set by the tax authorities. We assist with accurate preparation and timely submission of all necessary documents.

How do changes in Indonesian tax laws impact my business?

Changes in tax laws can affect your tax obligations and business operations. We keep you informed of any changes and adjust your tax strategy accordingly to ensure continued compliance.

How can I ensure my business is tax-efficient in Indonesia?

Tax efficiency involves strategic planning, taking advantage of available incentives, and maintaining compliance. Our advisory services focus on optimizing your tax position while minimizing liabilities.

Are there any specific tax considerations for startups in Indonesia?

Startups may be eligible for tax incentives and exemptions. We provide tailored advice to help new businesses navigate tax requirements and take advantage of available benefits.

What documentation is required for tax advisory services?

The documentation needed depends on the specific advisory service. Typically, you’ll need financial statements, previous tax filings, and details of your business operations. We assist in gathering and reviewing all necessary documents.

What should I do if I’ve missed a tax deadline?

If you’ve missed a tax deadline, it’s important to act quickly to minimize penalties. We can help you file late returns and negotiate with tax authorities to reduce any associated fines.

How do changes in my business structure affect my tax obligations?

Changes in your business structure, such as mergers, acquisitions, or expansions, can significantly impact your tax obligations. We provide advisory services to help you navigate these changes smoothly.

Are there specific tax considerations for digital businesses in Indonesia?

Digital businesses are subject to unique tax rules, including VAT on digital services and potential income tax obligations.

What is the impact of tax treaties on my business operations in Indonesia?

Tax treaties between Indonesia and other countries can affect how your business is taxed, particularly regarding double taxation.

What are the key regulations governing labor & employment in Indonesia?

Law No. 13 of 2003 on Manpower, as amended by Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation, Law No. 2 of 2004 on Industrial relations Dispute Settlement, Government Regulation No. 35 of 2021, etc.,

What are the legal grounds for terminating an employee in Indonesia?

It will be varied, including company’s merger & acquisition or company’s liquidation, company is under bankrupt, company’s financial condition, completion of employment contract, violation of employment contract, gross misconduct, employee resigns voluntarily, etc.,

What is the minimum notice period to terminate employment?

At least 14 business days, or 7 business days is termination is during probationary period. For employee resignation, written notice must be submitted by the employee at least 30 days before the last day.

What is the company’s obligation (financial compensation) to its terminated employee?

For a Permanent employee, the company is obliged to pay a severance package, which comprises: severance pay, service appreciation pay, and compensation of entitlements.

For a Fixed-Term employee, the company must compensate the employee in an amount equivalent to the remaining salary of the employee until expiry of the employment contract.

What is a Cross-Border Tax Opinion?

A Cross-Border Tax Opinion provides expert analysis and advice on how Indonesian tax laws apply to your international business transactions. It helps you understand and manage tax obligations when dealing with foreign income, investments, and operations.

What are the common issues addressed in a Cross-Border Tax Opinion?

Common issues include managing double taxation, understanding withholding tax on foreign payments, navigating tax treaty benefits, and addressing transfer pricing concerns.

Is a Cross-Border Tax Opinion legally binding?

While a Cross-Border Tax Opinion is not legally binding, it offers authoritative guidance based on the current interpretation of Indonesian tax laws. It’s a critical tool for informed decision-making and compliance.

What information do I need to provide for a Cross-Border Tax Opinion?

We’ll need details about your business structure, the nature of your international transactions, relevant financial data, and any existing tax documentation. The more information you provide, the more precise our analysis can be.

What are the tax treaties that Indonesia has in place, and how do they affect my cross-border transactions?

Indonesia has tax treaties with various countries to avoid double taxation and prevent tax evasion. These treaties can impact how your international income is taxed, offering potential tax reliefs. We help you understand and apply these treaty benefits effectively.

What is a permanent establishment, and how does it impact my tax obligations?

A permanent establishment (PE) is a fixed place of business through which a foreign enterprise conducts business in Indonesia. If your business activities create a PE, you may be subject to Indonesian corporate income tax. We can help you determine if your operations constitute a PE and advise on managing the tax implications.

How does Indonesian tax law treat digital services provided from abroad?

Digital services provided by foreign companies to Indonesian consumers may be subject to Value Added Tax (VAT) and other local taxes. Our services help you navigate these regulations and ensure proper tax compliance for your digital operations.

Estate planning in Indonesia involves drafting a will (wasiat) to specify asset distribution and minimize tax implications. Consulting with our legal expert can help you ensure your wishes are legally documented and executed.

What types of cases are handled by Indonesian State Administrative Courts (PTUN)?

The cases involve disputes over administrative decrees, including issues related to business permits, licenses, regulatory compliance, issuance of land certificate, land use regulations, administrative sanctions imposed by Indonesian government agencies, etc.

What are the conditions for a state administrative decree to be disputed in Indonesian State Administrative Court (PTUN)?

The state administrative decree shall be written decision; issued by a State Administrative Agency Office; constituting an act of state administrative law; based on relevant legal regulations; concrete, individual, and final; and generating legal consequences for an individual or legal entity.

What are the grounds for challenging an administrative decision in Indonesian State Administrative Courts?

Common grounds for challenging administrative decisions include procedural errors, violations of statutory rights, lack of legal basis, decisions that are deemed unlawful or unfair, etc.

What happens if I miss the 90-day deadline to file a lawsuit in Indonesian State Administrative Courts?

Missing the 90-days deadline to file a lawsuit can result in the case being dismissed due to procedural non-compliance. It is crucial to adhere to statutory deadlines to avoid potential legal obstacles.

Employers may only deduct wages for reasons permitted by law, such as social security contributions, taxes, union dues, or specific employee agreements (e.g., loans or damages caused by the employee). Deductions must not exceed 50% of the employee’s monthly wage.

If your employment contract ends, your employer must report the termination to the immigration office, and your KITAS will be canceled. You are required to leave Indonesia unless you secure another sponsorship or transition to a different visa type.

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