Amnesty Impact and Facilities
Tax Amnesty Facility
The Tax Amnesty Facilities that will be obtained by Taxpayers who follow a Tax Amnesty program are as follows:
abolition of a tax that should be owed (PPh and PPN and / or PPn BM), administrative sanctions, and criminal sanctions, for which a tax assessment has not yet been issued;
abolition of an administrative sanction for a tax assessment that has been issued;
not carried out a tax audit, examination of preliminary evidence, and a criminal investigation in the taxation field;
cessation of a tax audit, examination of preliminary evidence, and investigation of Taxation Crimes, in the case of taxpayers who are undergoing tax audits, examination of preliminary evidence, and investigations of taxation criminal acts; and
Write off Final PPh on the transfer of assets in the form of land and / or buildings and shares
Amnesty Tax Principle
Granting tax amnesty to taxpayers is based on;
Principle of Legal Certainty, the implementation of tax amnesty must be able to realize order in society with the guarantee of legal certainty.
The principle of Justice, the implementation of a tax amnesty upholds equality between the rights and obligations of all parties involved.
The Principle of Benefit, the tax amnesty policy aims at the interests of the state, nation and society, especially in terms of improving public welfare.
Principle of National Interest, tax amnesty is carried out by prioritizing the interests of the nation, state, and society above other interests.
Amnesty consequences
Repatriated assets are required to be invested domestically for 3 years after being transferred in the form of:
State Republic of the world securities;
bonds of State Owned Enterprises;
bonds of a financial institution owned by the Government;
investment of a finance in a Perception Bank;
private company bonds whose trade is overseen by the Financial Services Authority;
infrastructure investment through Government cooperation with business entities;
investment in the real sector based on priorities determined by the Government; and / or
other forms of investment that are valid in accordance with statutory provisions.
Example of a Tax Amnesty Case
Mr. Andre is an Indonesian businessman. Mr. Andre has been living in his condominium in Singapore for the past 2 years. Mr. Andre does not intend to leave the world forever and is still a citizen. Mr. Andre runs his business in the World, Australia, Japan and South Africa. Mr. Z so far has not reported an obligation to submit Annual Income Tax Return. Is Mr. Andre has the right to take part in a tax amnesty program ??
How to Resolve:
Mr. Andre is the party who has the right to participate in a tax amnesty program.
In the case of Mr. Andre does not exercise his right to participate in a tax amnesty program, Mr. Andre needs to submit SPT
Last Annual Income Tax and Previous Years by paying tax payable and sanctions in accordance with the provisions in the field of taxation.