Oct 09, 2023 10:51:45 am
Manhajul Islam, S. Ak - BATS Consulting
Supervising the tax
obligations of multinational corporations has become a significant issue in
todays globalized world. To address this challenge, Indonesia, along with G-20
countries, signed the Multilateral Convention on Mutual Administrative Assistance
in Tax Matters in 2011.
This convention serves as
the primary foundation for the exchange of information among G-20 nations in
the realm of taxation. The cooperation includes the exchange of information,
tax collection assistance, and document services, providing a solution to the
limitations concerning data and information often encountered in tax compliance
monitoring.
In 2014, G-20 nations
collectively adopted the Common Reporting Standard (CRS) as the international
standard for implementing the Automatic Exchange of Information (AEOI). To
implement this international agreement, the Indonesian government enacted Law
No. 9 of 2017 regarding access to financial information for tax purposes.
Furthermore, detailed regulations related to this law were issued through the
Minister of Finance Regulation (PMK) No. 70/PMK.03/2017, which provides
Technical Guidelines on Access to Financial Information for Tax Purposes, and
PMK No. 19/PMK.03/2018 (PMK 19/2018).
Under these regulations,
the Directorate General of Taxation (DJP) is granted authority to access
financial information from Financial Services Institutions (Lembaga Jasa
Keuangan - LJK) and similar institutions. This access aims to enforce tax
regulations and international tax agreements.
In the context of
international agreements related to information exchange, certain institutions
and entities are obliged to report their financial information. According to
Article 4 of PMK 19/2018, financial service institutions (LJK) that are
required to report include custodian institutions, deposit-taking institutions,
insurance companies, and investment entities. Examples of reporting LJKs
include banks, capital markets, and insurance companies.
However, some institutions
and entities are not obligated to submit reports. These include government
entities, international organizations, and central banks. Certain pension
funds, excluded collective investment contracts, specific trusts, and entities
with a low risk of tax avoidance are also exempt from reporting financial
information.
The information that must
be reported by LJKs and reporting entities includes financial information for
each financial account. Financial accounts that must be reported meet specific
criteria. For example, financial accounts opened before July 1, 2017, with an
aggregate balance exceeding USD 250,000 are subject to reporting. In contrast,
there is no minimum balance requirement for financial accounts opened by
entities after July 1, 2017, or for personal financial accounts.
Reported information must
include the account holders identity (name, address, tax residence country,
TIN, place and date of birth for individuals, and entity controllers
identity), account number (or equivalent in cases where an account number is
unavailable), the reporting financial institutions identity (name and tax
registration number), the balance/value of the financial account at the end of
the calendar year (including cash value/surrender value for annuity contracts
or insurance contracts with cash value), and income related to the financial
account (e.g., interest, dividends, other amounts paid or credited to the
financial account during the calendar year or other reporting period).
In cases where no
reportable financial accounts exist during a calendar year, the reporting
financial institution is still required to submit a nil report.
The reporting deadlines
vary depending on the type of reporting institution. LJKs must submit their
reports to the Financial Services Authority no later than August 1st each year,
and the Financial Services Authority is responsible for forwarding these
reports to the Directorate General of Taxation by August 31st. On the other
hand, for other LJKs and reporting entities, reporting must be done no later
than April 30th each year directly to the Directorate General of Taxation.
With these measures,
Indonesia is committed to enhancing tax transparency and ensuring that
multinational corporations adhere to their tax obligations. This ensures that
the country can optimize tax revenue for sustainable development.