CHAPTER V OBJECTION AND APPEAL
Article 27C (Law No. 7 of 2021)
| (1) |
Director
general tax authorities
carry out
mutual consent procedures to prevent or resolve
problems that arise in the application of tax avoidance agreements
double. |
| (2) |
Procedure
mutual consent
as referred to in paragraph (1) may be submitted by:
| a. |
Required
Domestic taxes; |
| b. |
Director
General of Taxes; |
| c. |
official
partner country or jurisdiction
double tax avoidance agreement partner; or |
| d. |
citizen
Indonesia through the Director General
Tax
related to discriminatory treatment in partner countries or partner jurisdictions
agreement on the avoidance of double taxation as opposed to
provisions regarding non-discrimination, in accordance with the provisions and limits
time as stipulated in the double tax avoidance agreement. |
|
| (3) |
Request
implementation of procedures
agreement
together as referred to in paragraph (2) letter a, letter b, and letter
c can be filed together with the domestic Taxpayer's application
to file:
| a. |
object
as
referred to in Article 25; |
| b. |
apply
appeal
as referred to in Article 27; or |
| c. |
subtract
or cancellation of the decree
the tax
not true as referred to in Article 36 paragraph (1) letter b. |
|
| (4) |
In
regarding the implementation of procedures
agreement
together as referred to in paragraph (3) letter b has not yet produced
joint approval up to the Appeal Decision or Judgment
Reconsideration pronounced, Director General of Taxes:
| a. |
continue
negotiation, in terms of material
that dispute
decided in an Appeals Decision or a Judicial Review Decision instead
constitutes the material submitted for the joint approval procedure; or |
| b. |
use
Appeal Decision or Review Decision
Return
as a position in negotiations or stopping negotiations, in
in terms of material disputes decided is the material submitted
fuck procedurejoint juan. |
|
| (5) |
Director
Tax General
follow up results
implementing the joint approval procedure as referred to in paragraph
(1) by issuing a decree on mutual agreement. |
| (6) |
Letters
consent decision
together
as referred to in paragraph (5) including the basis for tax returns
as referred to in Article 11 paragraph (1a) or the basis for billing
taxes as referred to in Article 18. |