Notary's Role in Business Purpose Test Requirements in the Framework of Consolidation of a Limited Liability Company for Taxation

Permana, Muhammad Fatha
Ridwan, Fully Handayani

Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)

Restructuring of a Legal Entity, in this case, a Limited Liability Company, is known in four forms, namely consolidate, consolidation, takeover, and separation. The restructuring has implications for various aspects, including capital structure and share ownership, the composition of management and supervisors, articles of association, and taxation. In this article, we will discuss the Consolidation of the Company, and specifically regarding the implications for the taxation of Limited Liability Companies. Likewise with the role of a notary regarding the requirements of the Business Purpose Test.  The research method used in writing this article is a normative juridical research method, namely by conducting a literature study. The results of the study showed that the Government has set a policy regarding the requirements of the business purposes test for company consolidation and there is a notary role that is needed to support all the requirements of the business purposes test. In addition, the results of this study also provide advice and solutions for the government, notaries, and of course, a company that will consolidate.