Explanation
Article 20A
Paragraph (1)
This law authorizes the Minister of Finance to carry out
cooperation for the implementation of tax collection assistance to the government
partner country or partner jurisdiction.
What is meant by
"tax collection assistance" is an assistance facility
collection of taxes contained in the international treaty
can be utilized by the Government of Indonesia and the state government
partner or partner jurisdiction on a reciprocal basis to carry out billing
on tax debts administered by the Director General of Taxes
or the tax authority of the partner country or partner jurisdiction.
Paragraph (2)
In
implementation of tax collection assistance cooperation, Director General of Taxes
carry out tax collection assistance activities to the state tax authority
partners or partner jurisdictions. Implementation of tax collection assistance
This includes the provision of tax collection assistance and
request for tax collection assistance to the partner country's tax authority
or partner jurisdiction.
Paragraph (3)
Enough
clear. The application of the reciprocal principle in this paragraph is intended by the Director
General of Taxes can provide tax collection assistance to
government of the partner country or partner jurisdiction as long as the government
the partner country or partner jurisdiction also provides assistance
collection of equal tax to the Government of Indonesia. For example,
Tax collection action will be carried out until notification
Forced letter in case of partner country or
partner jurisdictions perform tax collection action assistance to
by notifying the Enforcement Warrant or equivalent action
with it.
Paragraph (4)
Self-explanatory.
Paragraph (5)
The
What is meant by "international agreement" is a bilateral agreement
or multilateral which has been approved by the Government of Indonesia accordingly
with the provisions of the Law on International Agreements, which
declares that the Government of Indonesia has bound itself with
country partner or
partner jurisdiction regarding cooperation on related matters
with the help of tax collection. Included in international treaties
including the convention on joint administrative assistance in the field of
taxation (convention on mutual administrative assistance in tax
matters)
Paragraph (6)
Self-explanatory.
Paragraph (7)
Letter a
The
What is meant by "tax claim value" is the amount of money requested
tax collection assistance by partner countries or partner jurisdictions
includes, among other things, the principal amount of taxes that must be paid, sanctions
administrative, and billing fees imposed by partner countries
or partner jurisdiction.
Meanwhile, costs
the billing
issued by the Directorate
General of Taxes in the context of providing tax collection assistance
borne by the partner country or partner jurisdiction requesting assistance
tax collection, in the event that the tax claim is collectible, and valid
otherwise.
The billing fee
recorded as Non-Tax State Revenue in the Revenue Budget
and State Expenditures.
In the event that the tax claim is uncollectible, the tax collection fee shall be
already issued by the Directorate General of Taxes borne by the state.
Tax claims requested for tax collection assistance by partner countries
or the partner jurisdiction is not in dispute (which is already
inkrah) in the partner country or partner jurisdiction.
The letter b
The identity of the tax bearer shall contain at least nname,
identity number, and address of the taxpayer.
Paragraph (8)
Tax claims from partner countries or partner jurisdictions are basic
tax collection that will be carried out by tax collection actions
Director General of Taxes in accordance with statutory provisions in
the field of taxation that applies mutatis mutandis with provisions
tax collection in force in the partner country or partner jurisdiction.
The value of tax claims from the partner country or jurisdiction of the domicile partner
equated with tax debt. Therefore, over the value of claims
The tax collection action is carried out by the Director
General tax through admonishing or warning activities,
issue and notify the Distress Warrant, carry out the confiscation,
selling confiscated goods, proposing countermeasures, and
carry out hostage-taking in accordance with statutory provisions in
taxation sector.
Tax collection actions are carried out on a par with other actions
carried out by partner countries or partner jurisdictions. For example, action
Tax collection will be carried out until notification of the Distress Warrant
in the case of a partner country or partner jurisdiction providing action assistance
collection of taxes up to notification of Enforcement Letter or action
which can be equated with it. Tax collection action is carried out
against the taxpayer whose identity is stated in the claim
tax.
Paragraph (9)
Result
tax collection on tax claims from partner countries or jurisdictions
partners are accommodated in other government accounts that are separate from
state treasury accounts or modules
country receipts before being sent to partner countries or jurisdictions
partners. Tax collection results on tax claims from partner countries or
partner jurisdiction is not State Revenue so it is not
recorded in the State Revenue and Expenditure Budget because it is not
included in the realm of state finances.