• Maulana Ibrahim & Gabriel Muara Thobias

Voluntary Disclosure Program For Tax Amnesty Participants



In order to give opportunities for Tax Amnesty Participants to voluntarily disclose their outstanding tax obligations through Income Tax payment based on assets disclosure, the Government of Indonesia enacted the Voluntary Disclosure Program (“PPS”) for Tax Amnesty participants.


Definition


PPS is a program for Tax Amnesty participants to voluntarily disclose their outstanding tax obligations through Income Tax payment based on assets disclosure.


PPS provides opportunities for Tax Amnesty participants to voluntarily report or disclose tax obligations that have not been fulfilled through the payment of Income Tax based on the disclosure of assets that are not or have not been fully reported by the participants of the Tax Amnesty program.


PPS Benefits


  1. Not entitled to an administrative penalty as regulated in Article 13 paragraph (3) of Tax Amnesty Law.

  2. Data/information sourced from SPPH and its attachments that are administered by the Ministry of Finance or other parties related to the implementation of the HPP Law cannot be used as a basis for research, investigation, and/or criminal prosecution of taxpayers.


PPS Participant


PPS Participants are corporate and Individual Taxpayers that have participated in the Tax Amnesty program.


PPS Disclosure Basis


The basis for disclosure assets is net assets. Net assets are the value of assets minus the liabilities as stipulated in the Law Number 11 Year 2016 regarding Tax Amnesty. Net assets are considered as additional income and subject to final income tax.


Taxpayers may disclose net assets that:

  1. Was obtained from 1 January 1985 until 31 December 2015;

  2. Still owned as of 31 December 2015; and

  3. Has not been reported in the Declaration Letter as long as the Director General of Taxes has not found any data and/or information regarding the assets.


Determination of Assets and Liabilities Value


The value of assets that are used as guidance to calculate the value of net assets is decided based on:

  1. nominal value, for Assets in the form of cash or cash equivalents;

  2. government-appointed values such as Nilai Jual Objek Pajak for land and/or properties and Nilai Jual Kendaraan Bermotor for vehicles;

  3. values published by PT Aneka Tambang Tbk. for golds and silvers;

  4. values published by PT Bursa Efek Indonesia, for shares and warrants sold on PT Bursa Efek Indonesia; and/or

  5. values published by PT Penilai Harga Efek Indonesia for government securities and public offering of debt securities and/or sukuk issued by the company.


In the event that there are no values that can be used as guidance, the value of assets is determined by the value from the public appraisal service office.


The value of debt that can be considered as a liability towards the value of assets are liabilities that are related closely with assets acquisition, which should follow these conditions:

  1. For Corporate Taxpayers, the maximum amount is 75% from additional assets value; or

  2. For Individual Taxpayers, the maximum amount is 50% from additional assets value.


In the event that the value of assets and liabilities use a currency other than Rupiah, the value of assets and liabilities will be determined using the Rupiah currency by following the valid tax exchange rate of the latest Fiscal Year.


PPS Tax Rate

Tax Rate

Net Assets

Investment Terms

6%

Net assets in the territory of the Republic of Indonesia

Invested in:

  1. Business activities in the natural resources processing sector or the renewable energy sector within the territory of the Republic of Indonesia; and/or

  2. Government Securities;

8%

Net assets in the territory of the Republic of Indonesia

Not invested in:

  1. Business activities in the natural resource processing sector or the renewable energy sector within the territory of the Republic of Indonesia; and/or

  2. Government Securities;

6%

Net assets outside the territory of the Republic of Indonesia which are transferred to the territory of the Republic of Indonesia.

Invested in:

  1. Business activities in the natural resources processing sector or the renewable energy sector within the territory of the Republic of Indonesia; and/or

  2. Government Securities;

8%

Net assets outside the territory of the Republic of Indonesia which are transferred to the territory of the Republic of Indonesia.

Not invested in:

  1. Business activities in the natural resource processing sector or the renewable energy sector within the territory of the Republic of Indonesia; and/or

  2. Government Securities;

11%

Net assets that are outside the territory of the Republic of Indonesia and are not transferred to the territory of the Republic of Indonesia.

PPS Participation Procedure


Taxpayers disclose net assets by electronically filing the notification letter of assets disclosure (“SPPH”) in the form of an e-form to the Director General of Taxes through the DGT website from 1 January 2022 to 30 June 2022.


SPPH must be submitted with:

  1. NTPN as proof of final Income Tax payment;

  2. a list of details of net assets that have not been or are under-reported in the statement letter;

  3. list of debts;

  4. a statement of transferring net assets into the territory of the Republic of Indonesia, in the event that an Individual Taxpayer intends to transfer net assets outside the territory of the Republic of Indonesia into the territory of the Republic of Indonesia; and

  5. in the event that an Individual Taxpayer intends to invest the net assets, the Individual Taxpayer must provide a statement that they will invest their net assets in:

  6. business activities in the natural resources processing sector or the renewable energy sector within the territory of the Republic of Indonesia; and/or

  7. government securities.

  8. statement of revocation of application and a detailed list of applications that have been revoked, in the event that an Individual Taxpayer is submitting the application and a decision has not been issued.


Upon submission of the SPPH, the Head of Tax Office on behalf of the Director General of Taxes issues a Certificate electronically to the Taxpayer no later than 1 (one) working day after the SPPH is submitted.


In the event that DGT finds other data and/or information regarding the net assets value that has not been disclosed or fully disclosed, the net assets value will be deemed as income and the PPS participant will be subject to the following sanctions:

  1. net assets value will be subject to final income tax at the rate of 25% for Corporate Taxpayer, 30% for Individual Taxpayer, and 12,5% for certain Taxpayers, and;

  2. administrative sanction in the form of an increase of 200% as stipulated in Article 18 paragraph (3) regarding Tax Amnesty


PPS Payment Procedure


Final Income Tax payments are paid to the state treasury through perception banks, perception posts, or other institutions using a Tax Payment Slip or billing code with tax account code 411128 and deposit type code 427. Payment can not be done through overbooking.


After making the payment, PPS participants will receive a state revenue receipt as proof of payment of final Income Tax which has been validated with NTPN.


SPPH Amendment Procedure


Taxpayers which are Tax Amnesty Participants may submit the second, third, and the following SPPH electronically through the website of the Directorate General of Taxes in the event that there is:

  1. writing error or calculation error of the Taxpayer in filling the SPPH;

  2. additional net Assets that have not been or are not disclosed in the SPPH;

  3. reduction in net Assets that have been disclosed in the SPPH;

  4. changes in the use of final Income Tax rates for the disclosure of net Assets; and/or

  5. other circumstances that resulted in the invalidity of the previous SPPH.


The second, third, and following SPPH submissions can be made in the period from 1 January 2022 to 30 June 2022.


The second, third, and following SPPH contain:

  1. all net assets after the change which consists of net assets that are not changed; net assets changed, other than those written off; and the newly disclosed net assets, from those listed in the previous SPPH; and

  2. correction of writing errors, correction of calculation errors, and/or changes to the use of final Income Tax rates.


In the event that based on the results of the second, third, and so on SPPH calculations, there are:

  1. the amount of final Income Tax that is underpaid, the Taxpayer must settle the underpayment before the SPPH is submitted; or

  2. the amount of final Income Tax that is overpaid, the Taxpayer may request a refund of the overpayment of tax that should not be payable or make an overbooking, for the tax overpayment in accordance with the provisions of the legislation in the field of taxation.


Upon submission of the SPPH, the Head of Tax Office on behalf of the Director General of Taxes issues a Certificate electronically to the Taxpayer by no later than 1 (one) working day after the SPPH is submitted.


Certificate issued for the submission of the second, third, and so on SPPH replaces the Certificate issued previously.


SPPH Revocation Procedure


PPS Participants can revoke the SPPH from 1 January 2022 until 30 June 2022. The revocation of SPPH can be done within 24 hours and 7 days period of West Indonesian Time.


The revocation can be done through filing the SPPH by filling 0 in the Asset, Liability, and Net Assets columns.


Upon submission of the SPPH, the Head of Tax Office on behalf of the Director General of Taxes issues a Certificate electronically to the Taxpayer by no later than 1 working day after the SPPH is submitted.


In the event that there is an overpayment of final income tax due to the revocation of SPPH, taxpayers can apply for a tax refund or overbooking following the applicable tax laws and regulations.


Upon taxpayers who revoke the SPPH, the following conditions apply:

  1. Certificates issued before the revocation of SPPH, null and void;

  2. Certificate is deemed as proof of the revocation of SPPH;

  3. Taxpayers are deemed not disclosing the net assets value;

  4. Taxpayers are not subject to Article 8 and/or Article 22 Ministry of Finance Regulation Number 196/PMK.03/2021; and

  5. Taxpayers can not resubmit SPPH.


In the event that there is a decision letter regarding an appeal, lawsuit, and/or judicial review of taxpayers that revoke the SPPH, the decision letter will be the basis for DGT to further carry out in accordance with the applicable tax laws and regulations.


Example for Voluntary Disclosure Program for Tax Amnesty Participants


Mr. David is a Tax Amnesty Participant Taxpayer who has submitted his 2020 Individual Income Tax Return. However, he is aware that there is an unreported property in the form of a KPR house in BSD amounting to IDR 5 billion with a lease amount of IDR 3 billion which has not been paid. He acquired this property in 2016. Mr. David intends to join PPS. What should he do?


Mr. David can take part in the PPS by no later than the end of June 2020. To take part in the PPS, Mr. David must calculate the net assets that have not been disclosed, which is the value of assets minus the value of debts with the maximum of 50% of the value of assets. Therefore, the value of net assets that have not been disclosed is IDR2,5 billion.


After that, Mr. David must pay Final Income Tax at a rate of 8% because it is not invested in the new renewable energy sector and/or Government Securities with the following calculation:

8% x IDR2,5 billion = IDR200 million


The payment is made to the state treasury through the perception bank using a tax payment slip or billing code with a tax account code of 411128 and a payment code of 427. After that, Mr. David will receive an NTPN.


After making the payment, Mr. David must submit the SPPH electronically through the DGT website. Then, the Head of Tax Office on behalf of the Director General of Taxes issues a Certificate electronically to Mr. David by no later than 1 (one) working day after the SPPH is submitted.

 

Legal Basis:

  1. Law Number 7 Year 2021 regarding Harmonization of Tax Regulations

  2. Law Number 11 Year 2016 regarding Tax Amnesty

  3. Minister of Finance Regulation Number 196/PMK.03/2021 regarding Voluntary Disclosure Program Procedure

 

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