Home / IBU CONSULTING TAX ADVISORS IN BALI: “LEGAL EFFORTS TO RESOLVE TAX DISPUTES THROUGH APPEALS” At by IBU Consulting 2 IBU CONSULTING TAX ADVISORS IN BALI: “LEGAL EFFORTS TO RESOLVE TAX DISPUTES THROUGH APPEALS” By: Adv. Ida Bagus Made Utama, S.E., S.H., M.H, BKP., CPCLE. Tax Consultant in Bali As a Tax Consultant in Bali, we understand legal remedies available to taxpayers who are dissatisfied with the results of a tax audit or assessment letter issued in accordance with article 13 of Law Number 28 of 2017 concerning General Provisions and Tax Procedures. Taxpayers have the right to take legal action and object to the Director General of Taxes in accordance with the provisions of article 25 of the KUP Law. Taxpayers can only file an objection to the Director General of Taxes. Notice of Tax Underpayment Assessment; Notice of Additional Tax Underpayment Assessment; Notice of Nil Tax Assessment; Notice of Over-payment Assessment; or Withholding or collection of taxes by third parties based on the provisions of tax laws and regulations. Regarding above matters, Tax Consultants in Bali particularly should understand the flow of objection resolution. In the process of resolving objections, the Director General of Taxes is authorized to: Asking the books, records, data, and information in the form of hardcopy and/or softcopy to the Taxpayer related to the disputed material through the submission of a request letter for all those things. Requesting Taxpayers to provide information related to the disputed materials through the submission of information request letter; Requesting information or evidence related to the disputed matter to third parties who have a relationship with the Taxpayer through the submission of a letter requesting data and information to third parties; Reviewing the Taxpayer’s premises, including other necessary places; Conducting discussion and clarification on matters required by summoning the Taxpayer through the submission of summons; The summons shall be sent at the latest 10 (ten) working days prior to the date of discussion and clarification of the tax dispute. The discussion and clarification shall be stated in the minutes of discussion and clarification of tax dispute. Conducting audit for other purposes in the context of objection to obtain objective data and/or information that can be used as the basis in considering the objection decision. Taxpayers must fulfill the loan and/or request within 15 (fifteen)working days of receiving the loan request letter and/or information request letter. If the taxpayer fails to provide some or all of the books, records, data and information and/or fails to provide the requested information within a period of 15 (fifteen) working days from the date on which the letter requesting the loan and/or the letter requesting the information was sent, the Director General of Taxes shall submit the request for loan and/or request for information: second loan request letter; and/or second information request letter. Taxpayers must fulfill the second loan and/or request at the latest 10 (ten) working days after the date of the second loan and/or request letter is sent. After understanding the process of settling objections, Tax Consultants in Bali must also pay attention to the objection settlement period. This will enable them to provide accurate information to taxpayers who require assistance. The objection settlement period can be described as follows: The Director General of Taxes within a maximum period of 12 (twelve) months from the date the Objection Letter is received must provide a decision on the objection submitted. The period is calculated from the date the Objection Letter is received until the date the Objection Decision Letter is issued. In the event that a taxpayer files a lawsuit to the Tax Court against a letter from the Director General of Taxes stating that the taxpayer’s objection is not considered, the period of 12 (twelve) months shall be suspended, calculated from the date the letter from the Director General of Taxes is sent to the taxpayer until the verdict of the Tax Court lawsuit is received by the Director General of Taxes. If the above period has passed and the Director General of Taxes does not give a decision on the objection, the objection filed by the taxpayer shall be deemed granted and the Director General of Taxes shall issue an Objection Decision Letter in accordance with the taxpayer’s objection submission within a maximum period of 1 (one) month after the 12 (twelve) month period ends. In the case of filing an objection, a tax consultant should not forget to explain to the taxpayer who is being given assistance regarding what is related to the objection. Taxpayers can only file objections to the material or content of the tax assessment letter, which includes the amount of loss based on the provisions of tax laws and regulations, the amount of tax, or to the material or content of tax withholding or collection. In the event that there is an objection to the tax assessment letter or tax withholding or tax collection, reasons unrelated to the material or content will not be considered in the resolution of the objection. Therefore, tax consultants in Bali, in particular, have an obligation to clearly and completely convey information to taxpayers so that they can understand it properly. There are several requirements in filing an objection that must be known by tax consultants in Bali before exercising taxpayer rights such as: The submission must be in written form in Indonesian; State the amount of tax payable, withheld, or collected, or the amount of loss, along with the taxpayer’s calculation and the reasons for it; 1 (one) objection shall be filed only for 1 (one) tax assessment letter, for 1 (one) tax withholding, or for 1 (one) tax collection; Taxpayer has paid the accrued tax at least in the amount agreed by the taxpayer in the final discussion of the audit results or the final discussion of the verification results, before the Objection Letter is submitted; Submitted within a period of 3 (three) months from the date: tax assessment letter is sent; or withholding or collection of tax by a third party; unless the taxpayer can show that the period cannot be met due to circumstances beyond the taxpayer’s control; Objection Letter is signed by the Taxpayer, and in the event that the Objection Letter is signed by a non-Taxpayer, the Objection Letter must be attached with a special power of attorney as referred to Article 32 paragraph (3) of the KUP Law; and Taxpayer does not submit the application as referred to Article 36 of UU KUP. Tax Consultants in Bali must also observe the special provisions regarding objection filing requirements. Special provisions include: In the event that the Objection Letter submitted by the Taxpayer does not meet the requirements as referred to in paragraph (1) letter a, letter b, letter c, letter d, or letter f, the Taxpayer may make revisions to the Objection Letter and resubmit it prior to 3 (three) months. The date of submission of the corrected Objection Letter is the date when the Objection Letter is received. In the event that a taxpayer files an objection, the period of payment of the accrued tax that is not agreed upon in the final discussion of the audit results or the final discussion of the verification results as stated in the notice of tax underpayment assessment and the notice of additional tax underpayment assessment, and it has not been paid at the time of filing the objection, it shall be suspended up to 1 (one) month from the date of issuance of the Objection Decision Letter. If the taxpayer changes his mind to file an objection due to something and/or other things, for example after the taxpayer understands and asks one of the tax consultants to carry out the revocation of the objection. Then a tax consultant in Bali particularly can mention that the revocation of the submission of objections is done through the submission of an application by fulfilling the requirements. Further explanation can be described as below: Taxpayers may revoke the objection that has been submitted to the Director General of Taxes before the notification letter to attend received by the taxpayer. The revocation of the objection is done through the submission of an application by fulfilling the following requirements: the application must be submitted written in Indonesian language and may include reasons for revocation; the application letter is signed by the taxpayer and in the event that the application letter is not signed by the taxpayer, the application letter must be attached with a special power of attorney; the application letter shall be submitted to the Tax Service Office where the taxpayer is registered with a copy to the Director General of Taxes and the Head of the Regional Office of the Directorate General of Taxes who is the superior of the Head of the Tax Service Office. The Director General of Taxes shall provide an answer to the request for revocation of objection in the form of an approval letter or rejection letter. Taxpayers who revoke the objection that has been submitted to the Director General of Taxes cannot apply for the reduction or cancellation of the incorrect tax assessment. In the event that the taxpayer revokes the objection, the taxpayer is deemed not to file an objection. In the event that the taxpayer is deemed not to have filed an objection, the tax accrued in the SKPKB or SKPKBT that is not agreed upon in the Final Discussion of Audit Results or Final Discussion of Verification Results becomes tax payable from the date of issuance of the SKP. To complete the knowledge of a tax consultant, it is better that tax consultants in Bali to read more about the additional provisions that exist, or if filing an objection what should not be submitted at the same time as filing the objection. That the taxpayer who files an objection cannot submit an application: reduction, elimination, and cancellation of administrative sanctions in the form of interest, fines, and increases owed in accordance with the provisions of tax laws and regulations; reduction or cancellation of incorrect tax assessment letter; or annulment of tax assessment letter from the result of audit or verification conducted without the submission of Tax Return of Audit Result or Verification Letter: submission of Notification Letter of Audit Result or Verification result notification letter; or final discussion of audit result or final discussion of verification result with the taxpayer. Thus, we can convey as our personal opinion as one of the Registered Tax Consultant in Bali. The author is a Registered Tax Consultant in Bali at the Directorate General of Taxes, Managing Partner at IBU Consulting Denpasar and Lawyer at World Prime Law Firm as well as a lecturer at one of the Universities in Bali. 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