The Tax Certificate Sale document is used in Indonesia when transferring tax certificates between parties, typically in situations involving tax credit transfers, restructuring, or strategic tax planning. This document type is essential for ensuring compliance with Indonesian tax regulations, particularly Law No. 28 of 2007 (KUP Law) and related ministerial regulations. It includes detailed information about the tax certificates being transferred, the parties involved, purchase price, transfer procedures, and necessary regulatory notifications. The document is crucial for maintaining proper documentation of tax certificate ownership transfers and ensuring compliance with Indonesian tax authority requirements. It should be used whenever tax certificates are being sold or transferred between parties, whether in corporate restructuring, financial transactions, or tax planning scenarios.
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1. Parties: Identification of the seller and purchaser of the tax certificate, including their complete legal names, tax identification numbers (NPWP), and addresses
2. Background: Context of the tax certificate sale, including the origin of the tax certificates and the purpose of the transfer
3. Definitions: Key terms used in the agreement, including technical tax-related terminology and specific references to Indonesian tax regulations
4. Subject Matter: Detailed description of the tax certificates being sold, including certificate numbers, tax periods, and amounts
5. Purchase Price: The agreed price for the tax certificates and payment terms
6. Transfer Process: Procedure for transferring the tax certificates, including required notifications to tax authorities
7. Representations and Warranties: Seller's confirmations regarding the validity and ownership of the tax certificates
8. Completion Requirements: Steps required to complete the transfer, including documentation and regulatory notifications
9. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
10. Execution: Signature blocks and execution requirements
1. Tax Indemnity: Additional provisions for tax-related indemnifications, used when there are specific tax risks identified
2. Regulatory Compliance: Additional provisions regarding compliance with specific tax regulations, used when dealing with specialized tax certificates
3. Broker Provisions: Terms relating to any intermediary or broker involved in the transaction, included when a broker facilitates the sale
4. Security Arrangements: Provisions for any security or collateral arrangements, used in cases of deferred payment
5. Dispute Resolution: Detailed dispute resolution procedures, included when parties prefer specific resolution mechanisms
1. Schedule 1 - Certificate Details: Detailed listing of all tax certificates being sold, including certificate numbers, dates, and amounts
2. Schedule 2 - Transfer Documents: Forms and notices required for the transfer process
3. Schedule 3 - Regulatory Notifications: List of required notifications to tax authorities and other regulatory bodies
4. Appendix A - Due Diligence Documents: Copies of relevant tax assessment notices and supporting documentation
5. Appendix B - Authorization Documents: Copies of corporate authorizations and powers of attorney
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