ASEAN
Market entry into Indonesia
A large and diverse growth market requiring careful coordination of foreign investment, risk-based licensing, tax, product registration, customs, employment, and local implementation.
Market overview
Foreign businesses may enter Indonesia through direct cross-border supply, an Indonesian foreign-investment company, a permitted representative office, or commercial arrangements with distributors, importers, agents, and local partners. The appropriate pathway depends on the business classification, foreign-ownership rules, risk level, investment scale, tax exposure, imports, staffing, and sector-specific approvals.
Typical entry routes
- Direct export or cross-border supply from New Zealand
- Foreign-investment limited liability company, commonly referred to as a PT PMA
- Representative office where permitted for the proposed activities
- Distributor, importer, agent, franchise, licensing, or commercial partnership
- E-commerce or remote service delivery, subject to applicable Indonesian requirements
Key regulatory issues
- The business activity should be classified under the applicable Indonesian Standard Industrial Classification code
- Foreign-ownership conditions and investment restrictions vary according to the activity and sector
- Risk-based licensing determines whether an NIB alone, a standard certificate, or additional licences are required
- Products may require registration, certification, labelling, halal compliance, standards approval, or sector-authority clearance
- Employment, immigration, environmental, location, building, consumer, data, and local-government requirements may apply
- The operating model should be confirmed before capital, contracts, staffing, imports, premises, or distribution arrangements are committed
Registrations and filings
- Establishment and approval of the selected Indonesian business entity
- Business Identification Number through the Online Single Submission system
- Risk-based business licences, standard certificates, and sector approvals where applicable
- Taxpayer registration and activation of the required tax-administration access
- Investment-activity reporting and continuing corporate filings
- Employer, immigration, environmental, location, building, product, and local registrations where required
Customs and trade
- Confirm the Indonesian importer and responsibility for customs clearance
- Ensure that the NIB includes the appropriate importer and customs-access functions
- Maintain consistency between OSS, tax, and customs-registration data
- Classify goods under the Indonesian customs tariff
- Assess customs value, origin, import duty, VAT, income-tax collection, excise, and available trade-agreement treatment
- Identify prohibited, restricted, controlled, licensed, or permit-dependent goods before shipment
- Coordinate import declarations, supporting documents, permits, inspection, and clearance with the appropriate customs and logistics providers
Tax considerations
- Assess the corporate and permanent-establishment consequences of the selected operating model
- Obtain and maintain the required taxpayer registration and electronic tax-administration access
- Determine whether VAT registration and collection obligations apply
- Identify withholding and collection obligations relating to employees, services, imports, and payments to non-residents
- Review treaty, transfer-pricing, financing, management-fee, royalty, employment, and profit-repatriation considerations
- Establish invoicing, filing, payment, reconciliation, and recordkeeping processes before operations commence
Common pitfalls
- Selecting an entity before confirming the correct business classification and foreign-ownership position
- Assuming that obtaining an NIB completes all risk-based and sector-specific licensing requirements
- Using an importer or distributor without clearly allocating regulatory, tax, customs, warranty, and recall responsibilities
- Shipping products before obtaining required registrations, permits, standards approvals, labels, or halal certification
- Allowing OSS, taxpayer, and customs-registration data to become inconsistent
- Underestimating local-government, employment, immigration, reporting, and continuing compliance requirements