Page 4 - Newsletter (Taxation Policies to Counter the Threat of Economic Recession and the Issuance of APA Implementing Regulation)
P. 4

DDTC Newsletter Vol.03 |  No.07  I  April 2020                                              Page 4 of 9


          Taxation Policies to Counter the Threat of Economic
          Recession and the Issuance of APA Implementing Regulation

          In  the Face of Corona Outbreak,                     Exemption from Tax Penalties for
          Sanctions on the Late Filing of Annual               the Late Filing  of  Periodic  1111  VAT
          Income Tax Returns are Exempted                      Return


          The  Directorate  General  of  Taxes  (DGT)  has  issued   The DGT exempts administrative sanctions in the form of
          a  tax  policy  regulation  concerning  the  spread  of  the   fines for the late filing of the Periodic 1111 VAT Returns.
          coronavirus  (COVID-19).  The  policy  is  outlined  in  the   This  exemption  is  stipulated  in  the  Director  General
          Director General of Taxes Decree No. KEP-156/PJ/2020   of  Taxes  Decree  No.  KEP-157/PJ/2020  concerning  the
          concerning  Taxation  Policies  Concerning  the  Spread  of   Exemption  from  Administrative  Sanctions  in  the  Form
          Coronavirus  2019  Outbreak    (KEP  DJP  No.  156/2020).   of Fines for the Late Filing of Periodic 1111 Value Added
          This  policy  was  enacted  and  entered  into  force  on  20   Tax  Returns  Due  on  31  January  2020  (KEP  DJP  No.
          March 2020.                                          157/2020). This regulation was enacted and entered into
                                                               force on 20 March 2020.
          The  policy  is  intended  to  ease  the  burden  and  socio-
          economic impact on taxpayers affected by Covid-19. The   From 29 January 2020 to 3 February 2020, there were
          regulation stipulates force majeure due to the spread of   disruptions  to  the  application  which  resulted  in  the
          Coronavirus from 14 March 2020 to 30 April 2020.     taxable persons for VAT purposes’ e-mail application not
                                                               being approved. This issue affected the fulfilment of the
          The taxation policy takes the form of exemptions from tax
                                                               obligation to file Periodic 1111 VAT Returns.
          administration  sanctions.  The  administrative  sanctions
          apply  for  the  delay  of  the  following.  First,  the  filing  of   The regulation stipulates a number of provisions. First,
          annual individual income tax returns for tax year 2019.   taxable  persons  for  VAT  purposes  that  filed  Periodic
          Second,  the  payment  of  tax  underpayment  in  annual   1111 VAT Return for December 2019tax period through
          individual income tax returns for tax year 2019.     certain channels (e-filing) on 1 to 7 February 2020 are
                                                               exempted  from  administrative  sanctions  for  the  late
          The abolishment  of administrative sanctions is also
                                                               filing of the Periodic 1111 VAT Returns.
          provided for taxpayers that file the periodic withholding
          tax  return  for  Tax  Period  February  2020  on  21  March   Second, the administrative sanctions for the late issuance
          2020 to 30 April 2020. The obligation to deposit income   of  tax  invoices  for  taxable  persons  for  VAT  purposes
          tax payable in the periodic withholding tax return must   required  to  prepare  tax  invoices  from  29  January  to  3
          still be carried out at maturity.                    February  2020  –  because  they  supply  taxable  goods
                                                               (barang kena pajak/BKP) and/or taxable services (jasa
          Taxpayers that prelodge legal measures are given a time
                                                               kena pajak/JKP)  –  but  have  only  issued  tax  invoices
          extension to submit the request until 31 May 2020. The
                                                               through  the  e-invoice  application,  in  which  the  tax
          measures referred to include objections, reduction,
                                                               invoices are dated 3 to 7 February 2020, are abolished.
          or  abolishment of  the second administrative sanction,
          and  the  reduction  or  cancellation  of  the  Notice  of  Tax   Such taxable persons for VAT purposes are those required
          Assessment or the second Notice of Tax Collection (surat   to  submit  Periodic  1111  VAT  Returns  for  tax  period
          tagihan pajak/STP).                                  December 2019 through certain channels (e-filing) with 2
                                                               provisions, namely 1) the validity period of the electronic
          Administrative sanctions refer to administrative sanctions
                                                               certificates  has  expired  until  31  January  2020  and  2)
          of fines and interest. When they are imposed, the Notice
                                                               submitting the request for electronic certificates until 29
          of Tax Collection shall not be issued as stipulated in Law
                                                               January 2020 until 7 February 2020, in accordance with
          No. 16 of 2009 concerning General Provisions and Tax
                                                               the  provisions  on  the  procedures  for  the  granting  and
          Procedures. In the event that the Notice of Tax Collection
                                                               revoking of electronic certificates.
          has already been issued, the Head of the Regional Office of
          the DGT may abolish administrative sanctions ex officio.  The  Notice  of  Tax  Collection  shall  not  be  issued  for
                                                               administrative sanctions in the form of fines. If the Notice
          Further, the DGT provides a time extension for taxpayers
                                                               of Tax Collection has been issued on the administrative
          to file reports regarding their participation in tax amnesty.
                                                               sanctions in the form of  fines, the Head of the Regional
          Said taxpayers may submit a report on the realization of
                                                               Office  of  the  DGT  will  cancel  administrative  sanctions
          the transfer and investment of additional assets and/or
                                                               based on the provisions of Article 36 paragraph 1 letter
          report on the placement of additional assets no later than
                                                               (a) of the General Provisions and Tax Procedures Law.
          30 April 2020.
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