Opening a business in Bali as a foreigner isn't a walk in the park, much like anywhere else. Navigating unfamiliar laws and languages can pose significant challenges.
In this article, we explore the options available for foreign investors looking to establish a company.
In Indonesia, there are two primary avenues: PT and PT PMA.
1. Limited Liability Company – PT (Perseroan Terbatas)
This type of company has Indonesian capital and is set up on behalf of an
Indonesian citizen. However, a foreigner can be appointed as the actual
director. PTs can engage in various activities and sponsor work visas for
foreigners. The tax rate for this type of company is 10%.
2. Limited Liability Company with Foreign Investment – PT PMA (Perseroan Terbatas Penanaman Modal Asing)
Alternatively, you can establish a PT PMA, a company with foreign
investment, registered under the name of a foreign citizen. PT PMA operates
similarly to PT, but with different titles for comparable roles. To
ensure compliance and handle administrative duties, an Indonesian citizen as a
director is required. This setup simplifies obtaining work visas (KITAS) for
foreign staff, with no limitations on quotas. However, it's important to note
that the tax rate for this type of company is 30%. Additionally, certain
sectors such as banking and the nuclear industry have restrictions on foreign
ownership.
The choice between these two options depends on your
Indonesian partner and the advice of your legal representative in Indonesia.
Both options have their pros and cons, and the decision ultimately depends on
your goals, needs, and resources.
Beyond PT and PT PMA Structures
For those interested in Indonesian business ventures, additional options
exist beyond PT and PT PMA. Representative Office (Kantor Perwakilan Perusahaan
Asing or KPPA) and Subsidiary Company offer unique opportunities with specific
requirements. Further information on these company types can be found here.
However, it's crucial to note that other business structures in Indonesia,
such as Private Enterprises (Badan Usaha Milik Swasta or BUMS) and Sole
Proprietorship (Usaha Dagang or UD), are typically reserved for Indonesian
ownership.
Attempting to establish a company with Indonesian ownership may
prove challenging for foreigners. This option often does not facilitate the
issuance of work visas for foreign employees, presenting a significant hurdle
for those requiring legal authorization to work in Indonesia.
Conclusion
For foreign entrepreneurs eyeing Indonesian business endeavors, the primary
options are PT and PT PMA. These entities offer various levels of foreign
ownership and investment opportunities, establishing a solid legal foundation
for business activities in the country. Crucially, they facilitate work visa
issuance for foreign employees, ensuring a stable and secure path for
conducting business operations in Indonesia.
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