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Act No. 9 Of 1994

Original Language Title: Undang-Undang Nomor 9 Tahun 1994

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PRESIDENT OF THE REPUBLIC OF INDONESIA

LEGISLATION REPUBLICAN INDONESIA NUMBER 9 IN 1994

ABOUT

CHANGES TO THE 1983 LAW NUMBER 6 ABOUT

PROVISIONS OF GENERAL AND TAXATION METHODS

WITH THE GRACE OF GOD ALMIGHTY

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

DRAWS: A. that the implementation of national development has produced

a rapid development in national life, in particular

the economies, including the development of forms and

the practice of holding the activities of the undertaking. unslapped

in Law Number 6 of 1983 on the Terms

General and Taxation Proceed;

b. that in an effort to always keep the development like

those above can remain as necessary with the policy

The development of the Development Trilogy as

mandated in the Great Garrise Country bows, and in order to be more

can be created legal certainty relating to aspects

taxation, necessary adjustment measures against

Act Number 6 of 1983 on General Terms and

Tata Cara Taxation;

c. that to realize these things, is viewed as necessary. change

some provisions in Act Number 6 of 1983

about the General Terms dãn Tata Way Taxation;

Given: ...

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Given: 1.Article 5 of the paragraph (1), Section 20 of the paragraph (1), and Article 23 of the paragraph (2)

The Basic Law of 1945;

2. Law No. 6 of 1983 on General Terms and

Taxation of Taxation (State Gazette 1983 Number 49,

Additional Gazette Number 3262);

With the approval of the People ' s Representative Council of the Republic of Indonesia

DECIDED:

SET: A STATUTE OF AMENDMENTS TO THE 1983 LAW NUMBER 6 ON THE GENERAL PROVISIONS AND THE SYSTEM OF TAXATION.

Article I

Changed some provisions in the 1983 Law Number 6 on General Terms and Taxation Methods, as follows:

1. The provisions of Article 1 of the letter a up to the letter d, the letter g up to the letter n, the letter q and the letter s are changed and coupled with the letter t, the letter u, the letter v, the letter w, the letter x, the letter y, the letter z, and the letter aa, so that Article 1 is all to be read. as follows:

" Section 1

Which is referred to in this Act with:

a. A taxpayer is a person or entity under the terms of the taxation laws determined to perform a tax liability, including a certain tax collector or tax cutter;

b. A body is a form of enterprise that includes limited liability, a co-commander, other company, a State or Local entity with name and in any form, fellowship, association, firm, kongsi, cooperative, foundation or Similar organizations, institutions, pension funds, fixed-form forms, and other forms of enterprise;

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c. The time ... c. The Tax Period is a long period of time equal to

one month of takwim unless otherwise specified by the Minister of Finance;

d. Tax Year is a taxable one-year term unless Wajib Tax uses the year of the book that is not the same as the taxable year;

e. The Tax Year portion is part of the one-Year Tax Term;

f. A Notice is a letter by which the Tax Wajib is used to report the calculation and the payment of the taxes owed by the provisions of the taxation laws;

g. A Time Notification letter is a letter that is used to report the calculation and/or payment of a tax owed in a Tax Period or at a time;

h. The Annual Notices Letter is a letter that Wajib Tax is used to report on the calculation and payment of the taxes owed in a Tax Year;

i. A Tax Deposit Letter is a letter by which the Tax Wajib is used to make the payment or the tax deposit owed to the State Kas or to another payment place specified by the Minister of Finance;

j. A Tax Bill is a letter to conduct a tax bill and/or administrative sanction of interest and or a fine;

k. A Less Pay Tax warrant is a decree that specifies the amount of the amount of the tax owed, the amount of tax credits, the amount of tax on the tax bill, the amount of administrative sanctions and the amount that still must be paid;

l. Supplemental tax decree is a decision letter that specifies in addition to the number of taxes that have been specified;

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m. Letter ...

m. More Pay Tax Decree is a decision letter that determines the amount of excess tax payments due to the amount of tax credits greater than the debt owed or not supposed to be owed;

n. The Nihil Tax Decree is a decree that determines the amount of tax owed as large as the amount of tax credits or undebted taxes and no tax credits;

o. A debt tax is a tax that must be paid at a time, in the Tax Period, in the Year of Tax or in the Tax Year Section according to the provisions of the taxation laws;

p. Forced Letter is a tax and tax bill related to taxes, in accordance with Law Number 19 of 1959 on the Bilting of State Taxes with Forceable Mail (State Gazette 1959 Number 63, Additional Page Of State Number 1850);

q. The tax credit for the Value Added Tax is the creditable Input Tax, and for the Income Tax is the tax paid by Wajib Tax itself plus a tax cut or levied, coupled with the top tax Paid or paid income abroad, which is curated from a debt owed tax;

r. Free work is the work done by a person who has special skills as an attempt to obtain an income that is not bound by a working relationship;

s. An examination is a set of activities to search, collect, and process data and/or other captions in the order of compliance with the compliance of taxation obligations under the provisions of the taxation laws;

t. A tax certificate is a warrant for the term of a tax or less paid tax, or abbreviated as SKPKB, or SKPKBT, a More Paid Tax Decree, or SKPLB, a Tax Decision Letter. Nihil or abbreviated SKPN;

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u. The handler ...

u. A Tax Charge is a person or person responsible for tax payments, including the deputy who exercised the right and fulfils the obligations of Wajib Tax by the provisions of the taxation laws;

v. The bookcase is a set of records that are performed regularly to collect data and information including property, liabilities, or debts, capital, income and costs and the amount of price and surrender of goods or services that are owed or in debt. undebunking Value Added Tax, which is subject to the Additional Income Tax The value of a 0% (zero percent) tariff and which is charged with Sales Tax is closed by compiling a financial report on the balance sheet and the profit loss calculation on each Tax Year ends;

w. Research is a series of activities undertaken to assess the completeness of the Notices Letter and its attachments include assessment of the correctness of writing and its calculations;

x. The investigation of the criminal conduct in the field of taxation is a series of acts committed by the Investigator to seek, and to gather evidence which is to make light of the criminal offence in the field of taxation that occurred and found it. The suspect;

y. A Real Action Letter is a letter of the decision to correct a write error, miscount and/or error in the application of the provisions of the taxation laws contained in the tax decree or invoice letter. Tax;

z. A Letter of Objection is a letter of decision over the objection to a tax decree or against a third party's deductions or charges submitted by Wajib Tax;

aa. The Appeal verdict is the ruling of the tax judiciary on appeal against the Objection Decree filed by Wajib Tax. "

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2. Title ...

2. The title of Chapter II is changed so that it reads as follows:

"CHAPTER II THE PRINCIPAL NUMBER OF THE TAXPAYER,

THE NUMBER OF EMPLOYERS OF THE BUSINESSMAN IS TAXABLE, A NOTICE LETTER, AND THE TAX PAYMENT METHOD"

3. The provisions of Section 2 are amended and in addition to the paragraph (2), paragraph (3), paragraph (4), and paragraph (5), so that Article 2 is entirely the case of the following:

" Section 2

(1) Each Taxpayer is required to register for the office of the Directorate General of Taxes whose work region includes the residence or seat of the Tax Mandatory Service and to whom it is granted the Tax Mandatory Principal Number.

(2) Every businessman who is taxed under the Supplement Tax Act of 1984, is required to report his efforts to the Directorate General of Taxes whose work area includes the residence or position of the Employers, and the place An attempt was made to be confirmed to be a businessman with a tax on him. given the Registrant Amplifier number.

(3) The Director General of Tax may set the registration place and/or venture reporting place other than those specified in the paragraph (1) and paragraph (2).

(4) The Director General of Tax can publish the Taxpayer of Tax Number and/or Issuing Tax Number of Employer Taxes, if Taxpayer Or Businessman of Tax does not carry out its obligations as referred to in paragraph (1) and/or verse (2).

(5) The term of registration and reporting as well as the layout of the registration and reinstatement as referred to in paragraph (1), paragraph (2), and paragraph (4) is set forth by the Director General of Tax. "

4. The provisions of Article 3 of the paragraph (1) and the verse (6) are changed and coupled with verses (7) and verses (8), so that Article 3 is all beeping

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AS FOLLOWS:

" Article 3 ...

" Section 3

(1) Any Taxes required to fill out a Notice of Notice, sign and submit it to the office of the Directorate General of Taxes where the Tax Mandatory Tax is registered or confirmed or elsewhere specified by the Director Tax General.

(2) The Tax Mandatory as referred to in paragraph (1) must take itself a Notice of Notice at the place specified by the Tax General Directorate.

(3) The deadline for the delivery of the Notice of Notices is:

a. for the Time Notification Mail, at least twenty days after the end of the Tax Period;

b. for an Annual Notice Letter, no later than three months after the end of the Tax Year.

(4) The Director General of Tax on the request of the Tax Wajib may extend the term of the delivery of the Annual Notice of Notice as referred to on the paragraph (3) of the (3) letter

(5) Requests as referred to in paragraph (4) are submitted in writing with a Statement of Service concerning the calculation while the owed tax in one Tax Year and the proof of payment of the tax on the debt owed.

(6) The Director General of Tax specifies the form and contents of the Notices Letter as well as the captions and documents that must be attached.

(7) The Notice of Notices is deemed undelivered if not or not fully attached to the description and documents as referred to in verse (6).

(8) Excluded from the obligation as referred to in paragraph (1) is a certain Income Tax Tax set forth by the Minister of Finance. "

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5. The provisions of Article 6 of the paragraph (2) are amended and in addition to the paragraph (3), so that Article 6 is all to be read as follows:

" Section 6 ...

" Article 6

(1) Notice of the Notice of Consent directly by Wajib Tax to the Directorate General of the Tax General must be given a date of acceptance by the appointed official for it, whereas for the Annual Notice Letter must provided also proof of receipt.

(2) The delivery of the Notice Letter may be sent through the Post Office and the Giro is recorded or otherwise specified by the Director General of the Tax.

(3) The proof and delivery date for the delivery of the Notices Letter as specified in the paragraph (2) is considered a proof and date of acceptance. "

6. The provisions of Section 7 are amended, so that it becomes the following:

" Section 7

If the Letter of Notices is not delivered or delivered does not correspond to the time limit as referred to in Article 3 of the paragraph (3), are subject to sanction The administration is fined for a Time Notice of Rp 25,000.00 (twenty-five thousand rupiah) and for an Annual Notice of Rp 50,000.00 (fifty thousand rupiah) ".

7. The provisions of Article 8 of the paragraph (1) are amended and coupled with paragraph (4) and paragraph (5), so that Article 8 is made entirely as follows:

" Section 8

(1) The Tax Determination may correct the Notice of the Notice of its own by Deliver a written statement within two years after the expiration of the tax or expiration of the Tax Period, Part Year of Tax or Tax Year, under the terms of the Director General of Tax has not yet performed an inspection action.

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(2) In ...

(2) In terms of the Tax Wajib self-fixing Letter Notice which resulted in the tax debt being greater, then to him imposed administrative sanction interest of 2% (two percent) a month over the amount of underpaid tax, calculated from the time that the delivery of the Notice of Notice ended up to the date of payment due to the correcting of the Notice.

(3) Even if it has been done An act of inspection, but as long as it's done, the investigation In the absence of the injustice of the tax, it shall not be done in the way of the inquiry, when the tax of the will is in its own right. It was followed by a repayment of the payment of the amount of taxes owed, and the administration's sanctions were fined twice the amount of unpaid taxes. "

(4) Although the term of the correcting of the Notice of Notices as referred to in paragraph (1) has expired, under the condition that the Director General of Tax has not yet published a tax decree, Wajib Tax with its own consciousness may reveal in its own report on the untrue charging of the delivered Notices Letter, resulting in:

a. The taxes that still have to be paid are larger; or

b. loss under the taxation provisions to be smaller; or

c. the amount of the treasure becomes greater; or

d. The amount of capital is greater.

(5) underpaid taxes arising as a result of the disclosure of the distrue charging of the Notice of Notices as referred to in paragraph (4) as well as the sanctions

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The administration of a rise of 50% (fifty percent) of underpaid taxes, must be repaid by Wajib Tax before its own report is referred to. "

8. Provisions ...

8. The provisions of Article 9 of the paragraph (2), paragraph (3), and paragraph (4) are amended, so that Article 9 is made entirely as follows:

" Article 9

(1) the Minister of Finance determines the date of expiration of the payment and the tax repayment that is owed to the a time or a Tax Period for each of the types of taxes, at least fifteen days after the tax or tax period ends.

(2) The shortfall of tax payments based on the Annual Notices Letter must be Paid in full for at least twenty-five months after the Tax Year or The Tax Year portion is terminated, before the Notice is delivered.

(3) Tax Bill, Underpaid, More Or Less Pay Tax Decree, And A Correcting Decision Letter, A Decree Of Objection, And A Legal Decision. The Appeal verdict that causes the amount of tax payable to increase, must be repaid within a month of the date published.

(4) The Director General of Tax on the plea of Wajib Tax after meeting the requirements determined, may provide the consent to the Tax Wajib to be sur or delay a tax payment. "

9. The provisions of Section 11 of the paragraph (1) and paragraph (2) are amended, so that Section 11 shall all be read as follows:

" Section 11

(1) In the request of the Tax Concurrent, the excess tax payment as referred to in Article 17 or Section 17B returned, or if it turns out that Wajib Tax has a tax debt, it is directly calculated to pay off the tax debt first.

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(2) The payment of the excess tax payments as referred to in paragraph (1) is performed within a month of the receipt of the tax repayment of excess payment In connection with the terms of this section, the terms and terms of this section are subject to the terms and terms of the applicable license terms.

(3) If ...

(3) If the return of the excess tax repayment is made after a one month period, the Government gives interest 2% (two percent) a month over the delay in payment of overpayment of the tax payment, calculated from the time the deadline expires as referred to in paragraph (2) up to the time of the overage payment.

(4) The order of the calculation and the return of excess tax payments is set by the Minister of Finance. "

10. The provisions of Article 13 of the paragraph (1), paragraph (2), paragraph (3), paragraph (6), and paragraph (7) are amended and the paragraph (4) and paragraph (5) are removed, so that Article 13 is all to read as follows:

" Section 13

(1) Within ten years of the term When taxes, or expiration or expiration of the Tax Period, Section of Tax Year or Tax Year, the Director General of Tax can publish a Underpaid Tax Decree in the following items:

a. if based on the results of the examination or the other statement the debt tax is not or underpaid;

b. if the Notices Letter is not delivered in the timeframe as referred to in Section 3 of the paragraph (3) and after being reprimanded in writing is not delivered in time as specified in the Letter of Uran;

c. if based on The results of the sale tax and the sale tax of the Mewah are not supposed to be compensated by more tax rates or should not be charged 0% (zero percent);

d. If the obligation as a subject is referred to in Article 28 and Article 29 is not met, so it cannot be.

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is known to the magnitude of the owed tax.

(2) The amount ...

(2) The amount of tax deprivation in the Less Paid Tax Decree as contemplated in paragraph (1) letter a plus with administrative sanction of a flower of 2% (two percent) a month for an eternity of twenty-four months, calculated from the time when the tax period or expiration of the Tax Period, Part Year Tax or Tax Year up to The number of taxes in the Decree of the Order is not paid.

(3) The amount of taxes in the Letter of Determination Less pay taxes as specified in paragraph (1) letter b, letter c, and letter d, plus the administration sanction benrpa for a rise of:

a. 50% (fifty percent) of the Income Tax that is not or underpaid in one Tax Year;

b. 100% (100%) of Income Taxes that are not or are less cut, not or less levied, not or less tuned, and truncated or levied but not or less diseced;

c. 100% (100%) of the Value of Value Added Goods and Services and Sales Tax for non-paid, unpaid Luxury Goods.

(4) The amount of debt owed by Wajib Tax in the Notice of Notices becomes definitive. According to the terms of the applicable tax law, if within ten years of expiration or expiration of the Tax Term, the Tax Year or Tax Year, Section of Tax, or Tax Year, is not issued a tax warrant.

(5) If a ten-year term is referred to in paragraph (1), By the way, the Taxable Underpayment letter can still be issued plus the administration sanction of a flower of 48% (forty-eight percent) of the amount

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A tax that is not or underpaid, in the case of the Tax Wajib after a ten-year term was convicted, for committing a criminal offence in the field of taxation based on the verdict A court that has gained the power of the law remains. "

11. The provisions of Article 14 of the paragraph (1) are changed and coupled with paragraph (3) and paragraph (4), so that Article 14 is all to be read as follows:

" Article 14 ...

" Article 14

(1) The Director General of Tax may publish a Tax Bill Letter if:

a. Income tax in years of running is not or underpaid;

b. There is a lack of tax payments as a result of miswriting and/or miscounting;

c. Taxpayers are charged with administration of a fine and/or interest;

d. The businessman who was taxed under the 1984 Value Added Tax Act but did not report his business activities to be confirmed as a Taxable Businessman;

e. Entrepreneurs who are not confirmed as businessmen are taxable but make Tax or Employers who have been confirmed as Employers Of Taxes but do not create or do not fill in more Tax Invoices.

(2) Tax Bill Mail as intended in paragraph (1) to have the same legal power as the tax decree.

(3) The amount of tax deprivation in the Tax invoice Letter as referred to in paragraph (1) the letter a and the letter b plus sanctions The administration of flowers is 2% (two percent) a month for ever two. Forty-four months, calculated from the time when the taxes or the Tax Year or Tax Year up to the

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IN THE PUBLICATION OF A TAX BILL.

(4) Against Employers Or Businessmen in Taxes as referred to in paragraph (1) d and letter e respectively imposed sanctions administration is a fine of 2% (two percent) of the Basic Income Tax. "

12. The provisions of Article 15 are amended, thus the whole being read as follows:

" Article 15 ...

" Section 15

(1) The Director General of Tax may publish an additional Less Paid Tax Decree within ten years after the contracted tax, expiration of the Tax Period, Part of Tax Year or Tax Year, if found new data and/or previously undisclosed data that led to the addition of the owed amount of tax.

(2) The amount of tax deprivation in the Additional Tax-less Taxpayer Provisions, coupled with administration sanctions is a rise of 100% (one hundred percent) of the amount of tax deprivation.

(3) Ascension as referred to in paragraph (2) shall not be imposed if the Additional Unpaid Tax Decree is issued under the written statement of the Taxes on its own will, under the terms of the Director General of Taxes not yet start performing an inspection action.

(4) If the ten-year term as referred to in paragraph (1) has passed, the Additional Underpaid Tax Decree may be issued plus an administrative sanction of the interest rate of 48% (forty-eight percent) of the amount of tax that is not or underpaid, in In the case of a ten-year tax, it is penalised for committing a criminal offence based on a court ruling that has gained the power of the law nonetheless. "

13. The provisions of Article 16 are amended, so that it reads as follows:

" Article 16

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The Director General of Tax due to office or for the request of the Tax Taxes may correct a tax decree or Tax Bill in its publication there is a miswritten error, Count error and/or error in the application of the provisions of the taxation laws. " '

14. The provisions of Article 17 are amended, so it becomes the following reads:

" Article 17 ...

" Article 17

The Director General of Tax after conducting an inspection, publishes a More Pay Tax Letter if the amount of tax credits or the amount of tax paid is greater than the amount of the tax owed or has been done tax payments that should n' t be debt owed. "

15. Adding two new provisions between Article 17 and Section 18 are made Article 17A and Article 17B, each of which reads as follows:

" Article 17A

The Director General of Tax after conducting the examination, publishes the Nihil Tax Decree if the amount of tax credits or the amount of taxes paid equal to the amount of the tax owed, or the tax is not in debt and the no tax credits or no tax payments.

Article 17B

(1) The Director General of Tax after conducting a check on the application of the excess tax repayment must publish a tax decree No, no, no, no, no, no, no, no, no, twelve months since the letter Another set forth by the Director General of the Tax.

(2) If after the passing of the term as referred to in paragraph (1) the Director General of Tax does not make a decision, the request for the return of the excess tax payment is considered granted. And the more paid tax decree must be published in no time at least one month after the end of the term.

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(3) If More Paid Tax Decree is issued in the term as referred to in paragraph (2), then to Wajib Tax is given a 2% (two) interest rate. percent) a month is calculated from the end of the term as referred to in the paragraph (2) until the time of the Payment Of The Tax Decree Is More Paid. "

16. The provisions of Article 18 are amended, thus the whole being read as follows:

" Article 18 ...

" Section 18

(1) Tax Bill, Underpaid Tax Decree, Supplemental Tax Decree, And A Correcting Decision Letter, A Decree Of Objection, Severing of Appeal, which causes the amount of tax to be made. repaid, which is the basis of tax invoicing.

(2) The order of tax billing is set forth by the Minister of Finance. "

17. The provisions of Section 20 are amended, so that it reads as follows:

" Section 20

Excluded from the provisions as referred to in Article 9, the amount of the tax owed under the Tax Bill, the Letter of the Tax Deunderer Pay, Additional Pay-less Fees, And The Actual Decree, The Decision Letter, Severing Of The Appeal, Which causes the amount of tax payable to be increased, is billed at once and in the event:

a. The Tax Stage will leave Indonesia for good or intend for it;

b. The tax bill stops or actually discoures the activities of his company or the work he does in Indonesia or moves the moving goods or the unmoving goods he owns or is owned by;

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c. dissolution or intention to open it, bankruptcy statement, as well as in the case of confiscation of movable goods or non-moving goods belonging to the Tax Anggung. "

18. The provisions of Article 21 of the paragraph (1), paragraph (3), and paragraph (4) are changed, and plus paragraph (5), so that Article 21 is made entirely as follows:

" Article 21

(1) The State has the right to the tax bill for the property of the property. Tax-based.

(2) Terms ...

(2) The provisions of the underlying right as referred to in paragraph (1), include tax, interest, administrative fines, increases, and billing costs.

(3) the underlying right to the tax bill exceeds any other underlying rights, except against:

a. The cost of a matter is caused by a punishment to auction a mobile or not move;

b. expenses that have been issued to save a goods;

c. matters cost, which is solely due to the auction and completion of a legacy.

(4) The underlying rights were lost after the past two years from the date Issued Tax Bill, Unpaid Tax and Withholding Tax, and Correcting Decisions, Order of Objections, Severing Of Appeals, which causes the amount of tax payable to increase, and the decision of the tax on the tax on the bill. Except in the two-year term, the letter of the Paksa to pay for it. be formally notified, or given a delay in payment.

(5) In the case of a Letter of Paksa to pay officially notified, the two-year term as referred to in paragraph (4), is calculated from the date of the notice of the Surat Paksa, or in the event of being given a delay of the two-year term payment plus the delay term

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payment. "

19. The provisions of Section 22 are amended and coupled with the paragraph (2), so that Article 22 is made entirely as follows:

" Section 22

(1) The right to tax invoicing, including interest, fines, increases, and billing costs, is expired. After a ten-year period from the time of tax or expiration, the Tax Year or Tax Year is concerned.

(2) The tax-billing term as referred to in paragraph (1) is the most formidable in the case of:

a. published ...

a. published the Letter of Uran and the Surat Paksa;

b. There is no direct or indirect tax debt recognition of the Wajib Tax;

c. published a Underpaid Tax Decree as referred to in Section 13 of the paragraph (5) or the Additional Less Paid Tax Decree as contemplated. in Article 15 of the paragraph (4). "

20. The provisions of Article 23 are amended and coupled with the verse (2), and verse (3), so that Article 23 is entirely the case of the following:

" Section 23

(1) The amount of taxes owed under the Tax Bill, the Paid Tax Decree, the Additional Payless Tax Letter and the Correcting Decision Letter, The Decision Letter, the Appeal of Appeal, the causes the amount of tax to be paid more, which is not paid for Tax Stages in time, can be invoiced in the Letter of Paksa.

(2) The disclaimer and/or Tax Recharge lawsuit against the execution of the Surat Paksa, sita or auction only may be submitted to the tax governing body.

(3) the implementation of tax invoicing with Surat Paksa guidelines on applicable laws ".

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21. The provisions of Article 25 are amended and coupled with one paragraph, so that Article 25 is all to be read as follows:

" Article 25

(1) The Tax Concurrent may object only to the Director General of Tax over a:

a. Tax Decree Underpaid;

b. Additional Tax-paid Letters;

c. More Pay Tax Decree;

d. The Nihil Tax Decree;

e. Cutting ...

e. Cutting or voting by third parties under the terms of the taxation laws.

(2) The objection is submitted in writing in the Indonesian language by suggesting the amount of the owed tax or the amount of tax cut or levied or lost by the calculation of the Tax Mandatory Service with clear reasons.

(3) Objection must be submitted within three months from the date of the letter, the date of the cut or the vote as referred to in the verse (1), unless the Tax Wajib may indicate that the term is cannot be met because of circumstances outside of his power.

(4) Objection that does not meet the requirements as referred to in paragraph (2) and paragraph (3) is not considered a Letter of Objection, so it is not considered.

(5) The Mark Receipt of an objection letter provided by a designated Tax General Directorate official for that or the mailing mark of a Letter of Objection through a post is recorded as a sign of receipt of the Letter of Objection for the benefit of Wajib Tax.

(6) If requested by Wajib Tax for the purpose of filing an objection, Director The Tax General is required to write in writing on the basis of taxes, damages, deductions, or tax haxes.

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(7) The objection of the objection does not delay the obligation to pay taxes and the implementation of tax invoicing. "

22. The provisions of Article 27 are amended and coupled with three verses, so that Article 27 of the veil becomes the following:

" Article 27

(1) Taxpayer may appeal only to the judicial body of the tax on the decision of the law.

(2) Prior to the tax judicial body as referred to in paragraph (1) was formed, an appeal was submitted to the Assembly of Taxes, which the verdict was not a State Governance Decision.

(3) Plea ...

(3) Request as it is referred to in paragraph (1) is submitted in writing in Indonesian, for a clear reason within three months of the accepted decision, attached to the copy of the decree.

(4) The tax judicial body of the law. is a final and permanent ruling.

(5) The appeal of the appeal does not delay the tax rate and the implementation of tax invoicing.

(6) Susunan, power and event of the tax judiciary as referred to in the paragraph (1) is set with legislation. "

23. Adds new provisions between Article 27 and Section 28 as Section 27A, which reads as follows:

" Section 27A

If the application of objection or appeal is accepted in part or all, then overpayment was returned with a plus 2% (two percent) interest in a month for an eternity of twenty-four months. "

24. The provisions of Article 28 of the paragraph (1), paragraph (2), paragraph (4), and paragraph (6) are changed and coupled with paragraph (7), paragraph (8), paragraph (9), paragraph (10), paragraph (10), paragraph (11), and paragraph (12), so that Article 28 is the whole of the following:

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" Article 28

(1) Taxation Of Private persons who conduct free work or work activities and Wajib taxa in Indonesia, is required to host bookkeeping.

(2) Excluded. from the obligation of hosting the books as referred to in the paragraph (1) but the mandatory logging is the Compulsory Tax person who performs the activities of a business or free work that is under the rules of the law. Taxation laws are allowed to calculate the earnings of neto using the Norm Neto and Wajib Tax Concurrent of personal persons who do not perform business activities or free work.

(3) The bookkeeping ...

(3) the bookkeeping or record must be held with regard to good faith and reflect the circumstances or activities of actual endeavour.

(4) The bookkeeping contains at least a record of a treasure, liabilities or debt, capital, income and cost, as well as sales and purchase, so that it can be counted as large. debunking taxes.

(5) The bookkeeping or logging should be held at Indonesia by using the Latin letters, Arabic numerals, currency units rupiah, and compiled in Indonesian or in foreign language permitted by the Minister of Finance.

(6) Books, notes, documents that are the basis bookkeeping or logging and other documents are required to be stored in Indonesia for ten years, i.e. for:

a. Private People ' s Taxes, at the place of activities or places of residence;

b. Mandatory body tax, in place.

(7) The bookkeeper is organized by the principle of obedience and with an acrual stelsel or cash stelsel.

(8) Changes to the method of bookkeeping and/or the year of the book, must obtain consent from the Director General Tax.

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(9) The bookkeeping by using foreign language and currency other than rupiah can be held by Wajib Tax in order of Foreign Capital Cultivation, Contract Works, Contract For Outcome, and Other business or agency activities, after receiving the Finance Minister's permission provided that the Notice of Notice must be filled in Indonesian language and the currency of the rupiah, whose implementation is set by the Minister of Finance.

(10) Pencatatan as referred to in paragraph (2) consists of data collected regularly about the gross circulation and/or income acceptance as a basis for calculating the amount of the debt owed.

(11) Excluded from the obligation of hosting the books and performing the registrations are the non-conscripted Taxes of the Personal Person deliver the Annual Income Tax Notice Letter.

(12) Guidelines ...

(12) The guidelines of the holding of books or logging are set to be the Director General of Tax. "

25. The provisions of Article 29 of the paragraph (1), paragraph (3), and paragraph (4) are amended, so that Article 29 is made entirely as follows:

" Article 29

(1) The Director General of the Tax Authority commits a torture to test the compliance of fulfillment taxation obligations and for other purposes in order to carry out the provisions of the taxation laws.

(2) For the purposes of checking the examiners must be supplemented with the Examination Letter and must Show them to the checked tax.

(3) Required Tax (s) of the Tax Tax (Cmb):

a. Showing and/or lending books or notes, documents that are essentially and other documents related to earned income, business activities, Taxable free work, or taxable objects;

b. Provides an opportunity to enter a place or room that is viewed as necessary and provides assistance.

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The examination of the examination;

c. provide the necessary captions.

(4) If in revealing the books, records, or documents and the requested information, Wajib The tax is bound by an obligation to keep it a secret, so the obligation to keep it is abolished by the request for the purposes of vetting as referred to in verse (1). "

26. The provisions of Article 31 are amended, so it becomes the following:

"Article 31

The manner of the examination is set by the Minister of Finance."

27. The provisions of Article 32 of the paragraph (1) and verse (3) are amended and coupled with the verse (4), so that Article 32 is all to be read as follows:

" Article 32 ...

" Article 32

(1) In exercising the right and fulfilling obligations under the provisions of the taxation laws, Wajib Tax is represented, in terms of:

a. board by administrator;

b. the body in the dissolution or bankruptcy by the person or body is burdened to perform the message;

c. a legacy that has not been shared by any of its heirs, executors of his will or who takes care of his legacy;

d. (2) The Vice as referred to in a paragraph (1) is personally responsible and/or levally over the debt payment of the debt, unless otherwise can attest and convince the Director General of Tax, that they in his position are absolutely impossible to be charged with liability for the debt owed.

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(3) A person or entity may appoint a power person with a special power letter to exercise the right and fulfill the obligations under the provisions of the taxation laws.

(4) Included in the management sense as referred to in paragraph (1) the letter a is a person who is real-real has the authority to co-determine the wisdom and/or decision to run the company. "

28. The provisions of Article 34 are amended, thus the whole being read as follows:

" Article 34

(1) Any official is prohibited from notifying other parties that are not entitled to anything known or notified by Wajib Tax in order of office or job to run the provisions Taxation legislation, except as a witness or an expert witness in a court hearing.

(2) Prohibition ...

(2) Prohibition as referred to in paragraph (1) applies also to the expert power appointed by the Director General Taxes to assist in the implementation of the provisions of the laws taxation, except as a witness or expert witness in a court hearing.

(3) For the benefit of the state, the Finance Minister authorized the written permission to the official as referred to the paragraph (1) and the experts as well as referred to the paragraph (2) in order to provide the description, showing written proof of or about the Tax Wajib to the party his appointment.

(4) For the benefit of the examination in the Court in a criminal case or data upon request Judges in accordance with the Law of Criminal Events and the Law of the Perdata Event, the Finance Minister can give written permission to request to the official as referred to in paragraph (1) and the expert force as referred to in the paragraph (2), the written proof and the description of the Tax Wajib present to it.

(5) The Love of the Judges as referred to in the verse (4), must specify the name of the suspect or the name of the defendant, the requested description, as well as the link between the criminal or pertinated matter in question

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requested that. "

29. The provisions of Article 35 are amended, thus the whole being read as follows:

" Article 35

(1) If in the course of running the provisions of the taxation laws required information, or evidence from banks, public accountants, notaries, tax consultants, administrative offices, and other third parties, the have a relationship with Wajib Tax checked or preoccupied, at the written request of the Director General of Tax, the parties are required to provide requested information or evidence.

(2) In terms of the parties as it means in paragraph (1) bound by the obligation to keep a secret, for the purposes of examination or The tax inquiry, the secrecy of the secrecy was waive, except for the bank of the obligation to keep it from being laid down by the written order of the Minister of Finance ".

30. Provisions ...

30. The provisions of Article 38 are changed, so that it reads as follows:

" Article 38

Whose goods are due to its alignment:

a. does not deliver a Notices Letter; or

b. deliver a Notices Letter, but the contents are not true or incomplete, or attach a description which is not true,

so it can inflict losses on state income, threatened with a confinement criminal for ever one The year and the fine are twice the amount of the debt that is not or underpaid. "

31. The provisions of Article 39 of the paragraph (1) are amended and in addition to the paragraph (3), so that Article 39 is entirely the following:

" Article 39

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(1) Whoever is purposefully:

a. do not register yourself, or misuse or use without the right of the Taxpayer of Tax Number or Confirmation Number of the Employers as referred to in Article 2; or

b. unable to deliver a Notices Letter; or

c. delivered a Notices and/or a description of its contents not true or incomplete; or

d. Expose the bookkeeping, logging, or other documents that are fake or falsified as if it were true; or

e. does not host bookkeeping or logging, does not show or unlend a book, record, or other document; or

f. untaxable or levied taxes,

so that ...

so it can inflict losses on state revenues, threatened with a prison criminal for up to six years and a fine of four times the amount No or less paid taxes.

(2) The criminal threat as referred to in verse (1) is placed in two if a person commits another criminal offence before passing a year, accounting since the completion of the term Prison criminal dropped.

(3) Whoever did the experiment to Committing a criminal offence or using without the right of the Mandatory Principal Tax or the Businessman's Confirmation Number is a tax on the case of a paragraph (1) letter a, or delivering a Notices Letter and/or a caption that is not in the case of a tax. Right or incomplete, as in the letter of the letter c in order to apply for a restitution or tax compensation, be convicted of a prison criminal for an eternity of two years and a fine of four times the height of the amount. The destitution and/or compensation made by Wajib Tax. "

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32. The provisions of Article 41 of the paragraph (1) and the paragraph (2) are amended, so that Article 41 is made entirely the following:

" Article 41

(1) The official due to its accuracy does not comply with the secrecy of the obligation as referred to in Article 34, threatened with a solitary confinement for a year and a fine fine of Rp 2,000.000.00 (two million rupiah).

(2) Officials who intentionally do not fulfill their obligations or a person who causes not to comply with the duties of the official as referred to in Article 34, threatened with a prison criminal for up to two years and a fine Its height is Rp 5,000,000.00 (five million rupiah).

(3) The Prosecution Against the Criminal Act as referred to in verse (1) and verse (2) are only done for the complaint of a person whose secrecy is violated. "

33. Adding two new provisions between Article 41 and Section 42 it serves as Section 41A and Section 41B, each of which reads as follows:

" Section 41A ...

" Section 41A

The goods of who according to Article 35 of this Act are required to give the description or evidence to be requested but by accident not to give any information or evidence, or to provide untrue, threatened evidence or proof. With a prison criminal for an eternity and a fine fine of Rp 5,000.000.00 (five million rupiah).

Section 41B

Whoever intentionally obstructing or complies with the investigation of a criminal offence, is threatened with a prison criminal for up to three years and a fine fine of Rp 10,000.000.00 (ten million rupiah). "

34. The provisions of Article 42 are deleted.

35. The provisions of Article 43 are amended, so that it reads as follows:

" Article 43

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(1) The provisions as referred to in Article 38 and Article 39, apply also to the deputy, the power, or the employee of Wajìb Tax, who told the conduct of the conduct, which also did, which was the following. advocating, or that helps perform criminal acts in the field of taxation.

(2) The provisions as referred to in Section 41A and Section 41B apply also to those who enjoin, that advocate, or that help perform the follow-up. criminal in the field of taxation.

36. The provisions of Article 44 of the paragraph (2) are amended, so that Article 44 is made entirely as follows:

" Article 44

(1) Certain civil servants in the Directorate General of Taxes are given special authority as Investigators. to conduct a criminal conduct investigation in the field of taxation, as referred to in the Law No. 8 of the Year of the Criminal Event.

(2) The authority ...

(2) The authority of the Investigators as referred to in verse (1) is: a. receive, search, collect, and research

the captions or reports relating to criminal conduct in the field of taxation in order for the description or report to be more complete and clear;

b. examine, search, and collect information about persons or bodies about the correctness of actions committed in connection with the taxation field;

c. requesting the information and the evidence of a person or person. with respect to the criminal conduct in the taxation field;

d. examine the books, notes, and other documents with regard to the criminal conduct in the taxation field;

e. It's a search warrant for bookkeeping, record, and documents.

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another, as well as conducting forfeiture of such evidence;

f. ask for expert power assistance in order to perform criminal investigation duties in the taxation field;

g. Whether or not to leave a room or place at the time of examination is underway and check the identity of the person and/or the document being carried out as referred to in the letter e;

h. Photographing a person with respect to a criminal offence in the field of taxation;

i. calls for people to be heard of his attachment and checked as a suspect or a witness;

j. stopped the investigation;

k. do other actions that need to smooth the investigation of a criminal offense in the field of taxation according to the law which can be responded to.

(3) Investigators as referred to in paragraph (1) notify the start of the investigation and convey the results of his inquiry to the Public Prosecutor, in accordance with the provisions of the Act of Law Number 8 of the Year 1981 on the Law of Criminal Events. "

37. Adds ... 37. Add two new provisions between Article 44 and Section 45 which

be made Article 44A and Section 44B, each of which reads the following:

" Section 44A

The Investigator as referred to in Article 44 of the paragraph (1) terminates the inquiry as referred to in Article 44 of the paragraph (2) of the letter of not sufficient evidence, or that it is not a criminal offence in the case of any such act. the field of taxation, or the inquiry was terminated because of the expiration date, or the suspect died.

Article 44B

(1) For the benefit of the state's acceptance, at the request of the Minister of Finance, the Attorney General can stop The investigation of criminal conduct in the field of taxation.

(2) Investigative Stops criminal in the field of taxation

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As referred to in paragraph (1), only after Wajib Tax pays a tax that is not or underpaid or which should not be returned, coupled with sanctions the administration is a fine of four times the amount of taxes that are not or underpaid, or that should not be returned. "

38. The provisions of Article 47 are deleted.

Article II

Against all taxation rights and obligations of 1994 and before, enacted provisions of the Law No. 6 Year 1983 on General Terms and Taxation Way before it is done changes under this law.

Article III

This Act may be called "General Terms of Law Change Act and Taxation Code".

Article IV

This Act came into effect on the 1st January 1995.

So that ...

For everyone to know, order this legislation with its placement in the sheet of state of the Republic of Indonesia.

Passed in Jakarta on 9 November 1994 PRESIDENT OF THE REPUBLIC OF INDONESIA

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SUHARTO

Being invited in Jakarta on 9 November 1994 MINISTER OF STATE SECRETARY OF STATE

REPUBLIC OF INDONESIA

ttd

PRESIDENT OF THE REPUBLIC OF INDONESIA

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MOERDIONO

SHEET OF STATE REPUBLIC OF INDONESIA IN 1994 NUMBER 59

PRESIDENT OF THE REPUBLIC OF INDONESIA

EXPLANATION

EXPLANATION

REPUBLICAN LEGISLATION lNDONESIA

NUMBER 9 IN 1994

ABOUT

CHANGE OF LAW NUMBER 6 IN 1983

ABOUT THE GENERAL PROVISIONS AND TAXATION METHODS

UMUM

1. Regulation of taxation legislation governing the general provisions and governance of taxation in effect from 1 January 1984 is Law No. 6 of 1983 on the General Terms and Taxation. The Law No. 6 of 1983 is the philosophy of Pancasila and the Basic Law of 1945, which in it is a provision that upholds the rights of citizens and places the obligation of taxation as a state obligation and is the subject of the law. the means of roles as well as the people in state financing and national development.

This Act largely contains the general provisions and the rules that apply to the Income Tax, whereas the general provisions and the rules for the Supplementary Taxes The Value of Goods and Services and the Sales Tax of the Luxury Goods, many are set in Law No. 8 of 1983 on Supplemental Taxes of Goods and Services and Sales Tax of the Luxury Goods.

2. In the Act of Law No. 6 of 1983, it was realised that many problems were faced with which it had not been set up in this Act, demanding the need for a refinement. The refinement was in line with the direction and aim of national development as well as the Government's policy in the Phase II Long-Term Development which included "the taxation system continued to be refined, the tax rate intensified and the apparatus of the government". The taxation must be increasingly capable and clean ". The public's expectations of an increasingly capable and clean taxation apparatus, poured in a variety of regulatory provisions under this Act.

3. Falsapah ...

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3. The philosophy and the foundation of this Act are reflected in the provisions governing the system and the tax-tax mechanism. These systems and mechanisms are characterized by their own characteristics and characteristics in Indonesia's taxation system, due to the position of this Act that would be a "general provision" for other taxation laws.

Ciri and its own complexion of the The tax rate system is:

a. That tax bill is the embodiment of the devotion and role as well as Wajib Tax to directly and jointly carry out the taxation obligations required for state financing and national development;

b. Responsibility for the obligation of tax-tax, as a reflection of the obligation in the field of taxation is on the members of the Mandatory Tax society alone.

The government, in this case the taxation apparatus corresponds to its function of obligation. conduct coaching, service and supervision of the fulfillment of taxation obligations under the terms outlined in the taxation laws;

c. Members of the people of Wajib Tax are given the confidence to be able to carry out national cooperation through the system counting, taking into account, paying and reporting on their own self assessment, thus through this system. Taxation administration is expected to be carried out more neatly, controlled, simple and easy to understand by members of the Mandatory Tax society.

The tax-tax system has the meaning that the determination of the tax-magnitude is in place. the debt is entrusted to the Wajib Tax itself and report it regular the amount of the debt owed and that has been paid as determined in the taxation laws. With this system, the implementation of a convoluted and bureaucratic administration of taxation would be avoided. In accordance with this expectation, the administrative technical authority of the Director General of the Tax Authority may be granted to its subordinate apparatus.

According to ...

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According to the provisions of this Act, the taxation administration was instrumental in carrying out the control of the tax tax on which included the coaching duties, the ministry, surveillance, and the application of taxation sanctions. The development of the Mandatory Tax society can be made through various attempts, among other things that taxation of taxation knowledge is either through mass media and direct illumination to the public.

4. By clinging to the principle of legal certainty, justice, and simplicity, then the direction and purpose of the refinement of the taxation Act is in fulfilling the mandate of the Great Lines of the State of 1993, which refers to the underlying wisdom. as follows:

a. Towards the nation's independence in state financing and development financing whose primary source is derived from tax revenues;

b. Improve development efforts evenly, drive investment evenly across the entire Republic of Indonesia, especially to encourage development in remote areas that have long been perceived backward or late in development, both in The framework for the development and assistance of natural resources and in order to increase tax revenue in the long term;

c. It supports increased export, especially non-oil exports, processed goods, and services in order to increase the acquisition of devisa;

d. Improve the development efforts of small businesses to optimize the development of its potential, and in order to the reduction of a portion of the society out of poverty;

e. Support for the development of human resources, science, and technology;

f. Supports the conservation efforts of ecosystems, natural resources, and the environment;

g. Improving the efforts of improving justice in the participation of the public in financing development according to its ability; and

h. Help ...

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h. Improving the creation of an increasingly capable and cleaner taxation apparatus, increased service to Wajib Tax including simplification and ease of procedure in the fulfillment of taxation obligations, increased scrutiny over implementation the fulfillment of such tax obligations, as well as the enforcement of the enforcement of the applicable law provisions.

SECTION BY SECTION

Article I

Figure 1

Article 1

In this section contains a formulation of the understanding The terms of taxation were used in this law. And Allah is All-and-the-the-One-to-the-One-man-Who is the One Who is the Excellent And The Greatest. It is necessary, because it contains technical and standard things, especially in the field of taxation.

Number 2

clear

Figure 3

Section 2

Verse (1)

All Taxes Tax. Based on the "self assessment" system is required to register at the General Tax Directorate's office to be noted as the Tax Wajib and as well as to obtain the taxpayer's Subject Number.

The liability of the register applies anyway. For a married woman who is taxed separately for a separate life based on a judge or willed person's decision in writing based on the income and wealth separation agreement.

Number ...

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The principal number of the taxpayer is a means in the administration of taxation used as a sign of self-identification or the identity of the Tax Wajib, therefore to each of the Mandatory Service of the Republic of Indonesia, the tax administration is a means of Taxes are given only one taxpayer's Subject Number. In addition, the taxpayer's Number of Taxes is also used to maintain order in tax payments and in the supervision of the taxation administration. In terms of contact with the taxation document, Wajib Tax is required to list the Tax Required Subject Number of its own. Against Mandatory Taxes that do not register to get the Tax Mandatory Number of Tax-imposed tax sanctions.

Verse (2)

Any Employers charged with Value Added Tax under the provisions of the laws of the Law taxation, obliged to report his efforts to be confirmed as businessmen with taxes and to him given the number of Businessmen With Taxes.

The businessman of the private is obligated to report his efforts on the Office of the Directorate General of Taxes His area of work covers the residence of the Employers and The effort is As for the businessman, the obligation to report such an effort is in the Directorate General of Taxes whose work areas include the position of the Employers and the place of business activities undertaken.

Thus the Employers of the People A private or a body that has a place for business activities in the area of the Directorate General of Taxes, is required to report on his efforts to be confirmed as a businessman with a good tax in the office of the Directorate General of Taxes whose work area A place of residence or place of a businessman and a position in the The Tax General whose work area covers the place where the business is done.

The function of the Businessman's Strengthening Employers is a tax on taxes other than being used to find out the identity of a businessman who has a real tax, also useful Value-added Tax liabilities and Sales Tax of the Luxury Goods as well as for the oversight of administration of taxation.

Against the Employers who have qualified as a Tax Reseller but do not report his efforts to be confirmed As a businessman with taxes, tax sanctions.

Verse (3) ...

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Verse (3)

Against Taxes Or Employers, the Director General of Tax can determine the office of the General Tax Directorate other than the one specified in the paragraph (1) and verse (2), as the registration site for obtaining the Tax Mandatory Principal Number and/or Strengthening Employers In Taxes.

Verse (4)

Against Taxable Taxes or Employers Taxes that do not meet the obligation to register themselves and/or report of its efforts, may be published the Subject Number of the taxpayer and/or Number The Shoplifting Of The Businessman Has A Tax. This may be done if based on the data obtained or owned by the Directorate General of Tax turns out to be a person or entity or the Employers have been eligible to obtain the Tax Required Subject Number and/or solidised " as a Taxable Businessman.

Verse (5)

The obligation of registering to acquire the Subject Number of Taxes and the obligation to report an attempt to obtain the Businessman's Strengthening Number of Taxpayer is limited in time, because of this. With respect to the taxable tax, and the liability of the taxable tax.

Set up about the term of registration and reporting as well as the method of awarding the Mandatory Principal Number and Strengthening Employers is set by the Director General of Tax.

Figure 4

Article 3

Verse (1)

The Functions of the Notices Letter to the Income Tax Tax is as a means to report and account for the actual calculation of the amount of taxes owed and to report on:

-payment or repayment of self-held taxes and/or through cuts or other parties in one Tax Year or Part Year Tax;

-payment ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

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-payment of cutters or collectors about cuts or taxes of private persons or other bodies in one Tax Period, the taxation laws specified In effect.

For the Entrepreneurs Who Are Tax-Liable For Notice, the Notices are as a means to report and account for the calculation of the amount of Value Added Tax and the Sales Tax for the actual Mewah Goods. to report on:

-Repayment of the Input Tax against the Output Tax;

-payment or tax repayment that has been carried out by the Employers Of Taxes and/or through other parties in one Tax Period, determined by the provision of the Cloud Service. Applicable taxation rules.

-for Withholding Or Tax Collectors, the function of the Notices Letter is as a means to report and account for the tax cut or levied and loaded.

The indicated by filling a Notice Letter is to fill in the Letter form Notice correctly, clearly, and complete in accordance with the directions provided under the applicable taxation laws.

The improperly Noted Notice of Notices resulting in taxes that are in effect. less paid, will be charged with taxation.

Verse (2)

In order of service and ease for Wajib Tax, a Notices form is provided to the offices in the Directorate General of Tax, Post Office and Giro, Associate Post Office, and other places determined by the Director Tax generals and expected to be easily accessible by Wajib Tax.

Verse (3)

This paragraph set about the deadline for the delivery of the Notices Letter deemed adequate enough for Wajib Tax to prepare everything that in connection with the payment of taxes or the completion of its creation.

Verse (4) ...

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Verse (4)

If the Tax Wajib is either a person or a body turns out to be unable to deliver or prepare an annual financial report or balance of the company and the profit loss list In the term of a fixed term (3) letter b due to the breadth of the business activities and the technical issues of the balance sheet or financial report, it is difficult to meet the completion time limit and require a leniency of the time limit. have been specified, Mandatory Tax may apply for an extension time delivery of the Annual Income Tax Notification Letter.

Verse (5)

To prevent self-avoidance efforts and/or renewal of a debt-paid tax time in one Tax Year that must be paid before the deadline An annual admission of the Annual Notices Letter is required to set up an interest in which the administration of the administration will be required to extend the time of delivery of the Income Tax Annual Notice.

Requirements It is imperative to provide a written statement of the magnitude of which must be paid based on a provisional calculation in one Tax Year, as an attachment to the request for a delay in the delivery of the Income Tax Annual Notice Letter.

Verse (6)

Given the function of the Notice Letter It is the means of the Tax Mandatory Service to report and account for the calculation of the amount of taxes owed and payment, so in order to uniformity and streamline the charge, form and content of the Notice of Notices. is set by the Director General of Tax. The Annual Income Tax notice at least amounts to the amount of circulation, the amount of income, the amount of income taxable, the amount of taxes owed, the amount of tax credits, and the number of shortcomings or excess taxes.

Additional Tax-Time notices at least load the amount of Tax Id, the amount of the Output Tax, the amount of the Credited Input Tax, and the number of shortcomings or excess taxes.

The Notice of Notices must be enclosed. With a description and a document that can be of a letter of power, a letter. the description of marriage with separation of property and income, documents related to imports or exports and the Tax Deposits.

Verse (7) ...

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Verse (7)

The Notice of Notices and its insert is a single, therefore if the Notices Letter is delivered is not or is not fully envied with The required documents and documents are deemed to be undelivered.

Verse (8)

In principle any of the Income Tax Taxpayers are required to deliver the Notices Letter. By consideration of the efficiency or other considerations, the Minister of Finance may assign Compulsory Income Tax Tax Exemption from the obligation to deliver a Notices Letter, for example the Tax Person of the Personal Person that accepts or acquires earnings of only one employers who have been in tax cut as referred to in Article 21 of the 1984 Income Tax Act.

Figure 5

Section 6

Verse (1)

Quite clear

Verse (2)

In order to increase the service to Wajib Tax and in line with the development of information technology, then there is another way for Wajib Tax to Fulfill the obligation to deliver its informed letter other than through the Post Office and the Giro on record. Therefore, the other way needs to be specified by the Director General of the Tax.

Verse (3)

Quite clear

Figure 6

Article 7

For the purposes of the orderly taxation administration and to maintain the discipline of Wajib Tax, for Mandatory Taxes that do not comply with the formal obligation deliver a Notices Letter in accordance with the specified time limit, imposed by the administration of a fine for a Term Notices of Rp 25,000.00 (twenty-five thousand rupiah) and for an Annual Notices Letter of Rp 50,000.00 (fifty thousand rupiah).

Number 7 ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

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Figures 7

Article 8

Verse (1)

Against the fallaness in the filling of the Notice of Notice made by Wajib Tax, it is still open to him the right to perform the correcting On your own will within the term two years after the expiration of the tax or expiration of the Tax Period, Part Year of Tax or Tax Year, under the terms of the Director General of Tax has not yet begun to conduct an act of inspection.

The limit of the limit. the time for such a correcting time, on one party is viewed enough time for Wajib Tax to research And correct. If there are any errors, the parties are still available enough time for the Director General of the Tax to provide the services and conduct surveillance of the actual correcting of the Tax Mandatory Service prior to the deadline. Expires.

Verse (2)

With the actual Notice of Notice of the Willingness to carry out the calculation of the amount of taxes owed and the number of tax repayment counts is changed from the original amount.

On the lack of tax payments as a result of such a correction Administration sanctions are subject to a 2% (two percent) permonth of interest.

Interest in debt over the shortfall of the tax payment, calculated from the end of the deadline for the delivery of the Notices Letter to the date payment due to the correcting of such Notices.

Verse (3)

Wajib Tax is in violation of the provisions as referred to in Article 38 as long as the investigation has not been performed, even though it has been conducted an examination against it and Taxpayers have revealed his mistakes and at once paid off the amount of taxes that In fact, the debt and administration of the administration penalty would be twice the amount of unpaid taxes, and there would be no investigation.

However ...

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However, when the investigation is made and the inquiry's start is told to the General Prosecuting, the chance to correct itself is closed to the Mandatory Service. The tax is concerned.

Verse (4)

Although a two-year term as referred to in paragraph (1) has expired and the Director General of Tax has not yet published a tax decree, to Wajib Tax neither has nor has been fix the Notice Letter is still given a chance to reveal Untruths are recharging the delivered Notices Letter, which may be an Annual Notices Letter or a Time Notices Letter for previous years or times. The disclosure of the distrue charge of the Notice of Notices is limited to the following:

a. The taxes that still have to be paid are larger; or

b. loss under the taxation provisions to be smaller; or

c. the amount of the treasure becomes greater; or

d. the amount of capital is becoming larger.

Verse (5)

Quite clear

Article 9

Verse (1)

The deadline of payment of the term is set by the Minister of Finance with the deadline not to exceed fifteen days from the moment The expiration or end of the Expiration Tax in such a payment results in the introduction of administrative sanctions on the applicable terms.

Verse (2) ...

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Verse (2)

As referred to in Article 3 of the letter (3) the letter of the Compulsory Tax is required to deliver the Annual Notice of Notice no later than three months after the end of the Tax Year. If at the time of charging the notice, there is no shortage of taxable payments, then the shortfall must be paid for at least twenty-five months in the third month. Tax or Part Year Tax ends before the Annual Perrìs Letter is delivered.

For example the Notice Letter must be delivered on March 31, the lack of a debt payment owed or the final deposit must be paid off. No, no, no, no, no, no, no, no, no.

Verse (3)

Clear enough

Verse (4)

The Director General of Tax may allow the instalment or delay of the owed tax payment, even though the due date of the payment has been determined.

The restoration was given with caution and limited to the Tax Wajib which is really in trouble with liquidity.

To get that leniency, Wajib Tax must meet the predetermined requirements.

Figures 9

Article 11

Verse (1)

If after a calculation of actual tax counts debunking the amount of tax credit (the amount of tax credits greater than the amount of taxes owed), Wajib Tax reserves the right to request a return on the excess of tax payments, with the Wajib Tax note not Got a tax debt. In the case of Wajib Tax still has unpaid tax debts, the excess of such payments must be taken into account first with that tax debt and when there are more, new ones can be returned to Wajib Tax.

Which ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-13-

The tax debt is a tax debt for all types of taxes owed by Wajib Tax both the center and its branches.

To recover the excess payment, Mandatory Tax must submit a written request to the Director General of the Tax or its appointment.

Verse (2)

To guarantee the legal certainty for Wajib Taxes and guarantees administrative order, the deadline of return by the Director General of Taxes is set in forever once a month:

a. For a more than one (1) year term, the number of days of the term will be used for the number of days and the following: For the more than three (3) business days of the IBM Cloud Service, the following terms apply to the following terms:

For the creation of the balance of rights and obligations for Wajib Tax with the speed of service by the Directorate General of Tax, this paragraph determines that over any slowdown in the return of excess tax payments from the term such as It is in verse (2), to the Relevant Tax which is given by the Government of a flower of 2% (two percent) the month is calculated from the end of the month-long term until the payment is made.

In question by the time the payment of excess tax payments is the moment of the Letter Order Paying Excess Tax is published.

Verse (4)

Pretty clear

Figures 10 ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-14-

Figures 10

Article 13

Verse (1)

The provisions of this paragraph authorize the Director General of Tax to be able to publish a Underpaid Tax Decree, which In the case of certain cases, in this case, in other words only to the particular Taxpayer that is real or based on the results of the examination does not fulfill any formal obligations and/or material obligations. The authority provided by the provisions of the taxation laws to the Director General of Tax to perform such fiscal corrections is limited to a period of ten years.

According to the terms of paragraph (1) letter a, Letter The new income tax decree is published when the tax rate does not pay the taxes as it should according to the taxation laws.

It is known that Wajib Tax is not or underpaid the tax, is due to be conducted a checkup against the Tax Wajib in question and from The results of that examination are known that Wajib Tax does not or is less pay than the amount that is supposed to be owed. The examination can be performed at the residence, place of position and/or the place of the Mandatory Tax effort. The Less Pay Tax Decree may also be published in the case of the Director General of Tax has other data outside the data submitted by Wajib Tax itself, from such data it can be certain that Wajib Tax does not meet the tax obligations as it should. To ensure the truth of that data, against Wajib Tax can be done vetting. The letter of the notice, which is not delivered in time, although it has been reprimanded in writing and is not delivered in the term specified in the Letter of the Sura, according to the terms of the paragraph (1) of the letter b brought the result, that the Director. The Tax General can publish the Office of Underpaid Tax Decree. In this case, there is an increase in the administration of the law, as well as the (3) verse.

Some other purpose is intended to give Wajib a good-faith tax, to deliver a reason or cause no Notice of Notice is delivered because of something outside of his ability (force). mayeur.)

For ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-15-

For the Tax Wajib that does not carry out taxation obligations in the field of Value Added Tax and Sales Tax of Mewah Goods, which result in debt tax is not or less was paid as such in paragraph (1) of the letter c, imposed by the administration by issuing the Unpaid Tax Decree plus an increase of 100% (one hundred percent).

For the Taxes that do not host the bookkeeping according to the provisions of Article 28 or at the time it is checked not to meet the request according to Article 29, so that the Director General of Tax cannot account for the amount of tax that should be owed As such in paragraph (1) the letter d, then the Director General of the Tax Authority publishes a Underpaid Tax Decree, which is a tax calculation based on the data not only obtained from the Tax Wajib. Only.

The evidence for the description of the calculation is the basis The tally in office by the Director General of Tax is placed on Wajib Tax. As an example is provided among others:

1. Bookkeeping as referred to in Article 28 is incomplete, so the profit or circulation loss is not clear;

2. Bookkeeping documents are not complete so that the numbers in the bookkeeping are not being tested;

3. From a series of checks and/or facts that are known to be alleged to have been hiding documents or other supporting data somewhere in particular, so clear that attitude is clear that Wajib Tax has not shown its good faith to help. the course of the course of the examination.

The burden of the proof applies also to the provisions published under the terms of the paragraph (1) letter b.

Verse (2)

This paragraph governs the tax administration sanctions imposed upon Wajib Tax for violating the taxation obligations as referred to in paragraph (1) the letter a. The sanction of the administration of taxation was 2% (two percent) poured in the Underpaid Tax Decree.

Sanctions ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-16-

The administration sanctions are interest, calculated from the amount of tax that is not or underpaid and part of the month is counted one month.

Example:

The Tax Decree Is Less Income tax.

A taxpayer taxpayer who has a year of book equal to the year of the tawim included the Annual Letter of Notice for 1995 just in time to be accompanied by the final deposit. In April 1998 an underpaid tax decree showed a debt shortage of Rp 1,000,000.00 (one million rupiah). Under the terms of this paragraph, there is a two-percent (two percent) month of interest in administration sanctions,

Although the less paid tax decree is published more than two years since the end of the year, the term is not a month. Tax, interest is imposed on such shortcomings only for a two-year term with the following calculation:

1. Tax owed Rp 1,725,000.00

2. Tax credit:

a. Tax deduced by

employers Rp 150.000.00

b. Self-paid tax

(time deposit) Rp 400,000.00

c. Taxes billed in STP

(excluding interest and

fines) Rp 75,000.00

d. Taxes are billed at

overseas Rp 100.000.00

----------------- (+)

The amount of tax is credited Rp 725.000.00

------------------ (-)

3. The underpaid tax is Rp 1,000.000.00

4. Flowers ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-17-

4. Flowers 2 years

= 2% x 2 x 12 x Rp 1.000.000.00 = Rp 480.000.00

------------------ (+)

5. The tax still has to be paid Rp 1.480.000.00

If the Unpaid Tax Decree was issued in May 1997, the calculation is as follows:

1. The taxes are underpaid ... Rp 1,000,000.00

2. Flowers 17 months =

2% x 17 x Rp 1.000.000.00 = Rp 340.000.00

-------------------- (+)

3. Taxes that still have to be paid. .... Rp 1.340.000.00

Verse (3)

This paragraph governs the administrative sanction of a tax decree, for violating the taxation obligations as referred to in paragraph (1) b, letter c, and letter d. The administrative sanction is thus a rise, which is a proportional amount that must be added to the amount of tax that must be invoiced.

The administration of the administration is a different increase according to the tax rate for the type of Tax. The income paid by Wajib Tax of sanctions increases by 50% (fifty percent), for the type of income tax cut by people or other bodies sanctions a rise of 100% (one hundred percent), while for the type of Tax Value-added Value and Tax Sales for the Mewah sanctions increase by l00% (one hundred percent).

Verse (4)

To provide reassurance and legal assurance to the Taxes, with regard to the implementation of the "self assessment" system, then if within ten years of the time of the tax, the end of the term Tax Term, Part Year Tax or expiration of Tax Year, Director General of Tax does not also publish tax provisions, then the amount of tax payments notified in the Annual Notice of Notice or Letter of Notice on the nature of the Tax has become fixed by itself or has become certain because of the law according to the provisions of the taxation laws.

With ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-18-

Thus, the Compulsory Tax Notices Letter has been fixed and will not be changed (completed).

Verse (5)

In case of the Wajib Tax convicted of committing a criminal offence based on a court ruling that has obtained a fixed legal force, a Underpaid Tax Decree is still justified to published, plus administrative sanctions of a flower of 48% (forty-eight percent) of the amount of taxes that are not or less paid despite the ten-year term as determined in the paragraph (1) exceeded.

With the The Court's ruling that has acquired the legal force remains, it is revealed that the data The fiscal time is purposefully unreported by Wajib Tax.

Figures 11

Article 14

Verse (1)

Quite clear

paragraph (2)

The Tax Bill letter according to this paragraph is the legal power of the letter tax decree, so in terms of its charge may also be done with the Surat Paksa.

paragraph (3)

This paragraph governs the imposition of the interest in the administration of the Tax Bill published because:

-Letter research Notice that results in a tax is less paid because there is a miswrite and/or wrong count;

-The income tax in the year runs is not or underpaid.

For ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-19-

For clearly the way the calculation is given the following example:

1. The results of the Notice of Notice.

The Annual Income Tax Notice of 1995 which was delivered on March 31, 1996, after a study was miscalculated, resulting in a less paid income tax. It's Rs. 000,000.00. On the shortfall of the Income Tax was issued a Tax Bill dated June 14, 1996 with the following tally:

-Lack of pay

Income tax Rp 1,000.000.00

-Bunga =

3 x 2 "% x Rp.1.000.000.00 Rp 60.000.00

------------------- (+)

-The amount payable Rp 1,060.000.00

2. Income tax in years of running is not or underpaid:

The Income Tax of Section 25 of 1995 every month of Rp 100.000.00. falls due for example every 15. In June 1995, paid in time for a time of Rp40.000.00.

On the shortfall of the Income Tax Section 25 was issued a Tax Bill of September 18, 1995 with the following tally:

-Lack of income Tax Income

Article 25 of June 1995 = Rp 60.000.000.00

-Bunga =

3 x 2% x Rp 60.000.000.00 = Rp 3.600.000.00

--------------------- (+)

-The amount that must be paid = Rp 63,600.000.00

Verse (4) ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-20-

Verse (4)

If Taxable Businessman does not report his business activities to be confirmed as a Taxpayer, then he has violated his obligations in a non-good faith. And to the trust that has been given to him. Therefore, in addition to having to lease the owed tax by not taking into account the Input Tax, Employers are also charged with the administration of a fine of 2% (two percent) of the Tax Reposition arising before the Businessmen are confirmed as businessmen with taxable taxes. In addition, under the terms of the taxation laws stipulated that the Tax Fakes should only be made by the Taxpayer of the Tax. The prohibition of creating a Tax Faktur by not a Taxpayer was intended to protect the buyer from undue tax, and therefore it was imposed on an administrative fine. Similarly to Taxable Employers who are required to create Tax Faktur but do not carry out or do not contain the Tax Faktur, the same sanction.

Number 12

Article 15

Verse (1)

To accommodate The possibility of an unpaid, underpaid Letter of Tax is set to be lower or a tax refund should not be as defined in the Paid Tax Decree, or the taxes that are not. The debt in a Nil Tax Decree is set to be lower, the Director General Tax is authorized to publish an additional Less Paid Tax Decree within ten years after the expiration of the tax period, the expiration of the Tax Period, the Tax Year or Tax Year.

Letter ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-21-

ADDITIONAL LESS PAY TAX DECREE WAS A CORRECTION TO THE PREVIOUS TAX DECREE. A new supplementary tax decree is published when a tax decree has been issued. In other words, an additional tax decree of less pay would not be published before it was preceded by the issuer of tax provisions. The issuer of the additional Unpaid Tax Decree is done under the terms of the new data (novum) and/or the data that was previously undisclosed that led to the addition of the tax owed in the previous tax decree. In accordance with the terms of the IBM International Terms of Service, the terms of this Supplement are subject to the terms of this Supplement and the terms of this Supplement and the terms of the IBM International Terms of Service. New and/or data that was previously unrevealed. In the event that the data is still found, the data is not revealed at the time of the publication of the additional Unpaid Tax Decree, and/or the new data, then, by the Director General of Tax, the Additional Tax-less Taxpayer (or Tax) can still be published again.

The new data is data that has not been reported by Wajib Tax in the Notice of Notices, whereas the original data has not been revealed is the data already reported by Wajib Tax in Surat Notice but not expressed clearly.

As an example of that data It is not revealed to be revealed as a public expense with no details, so it is not known that the donation is actually not being able to be deductable as a cost under the terms of the applicable.

Verse (2)

In terms of after the issuer's issuer is still found new data and/or undisclosed data that have not been taken into account as the basis of that designation, then over unpaid taxes. billed with the Additional Tax Decree plus the sanction administration is a 100% (hundred percent) increase in underpaid taxes.

Verse (3)

Quite clear

Verse (4) ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-22-

Verse (4)

In case of the Wajib Tax convicted of committing a criminal offence in the field of taxation based on a Court ruling that has obtained a fixed legal force, a Letter of Determination Additional Pay Taxes are still justified to be published, plus the administration sanction of a flower of 48% (forty-eight percent) of the amount of tax that is not or underpaid, though a ten-year term as determined on the paragraph (1) exceeded.

Figures 13

Article 16

The Real The tax decree according to this section is held in order to exercise good governance, so that if there is a human error or error in a tax decree it needs to be fixed as it should be. The nature of the error or error does not contain the dispute between fiscus and Wajib Tax.

If error or error is found either by fiscus or by the request of the Tax Wajib then the error or error of that It must be fixed. The decree of the tax, or the wrong, is the tax decree, and the tax decree, and the tax decree, and the tax decree, and the tax decree, and the tax decree, and the tax decree, and the tax decree. Correct the wrong or wrong Tax Bill in this section.

The actual scope set in this section is limited to the wrong Tax Bill or Tax Bill as a result of:

a. Error writing, i.e. errors that can be name, address, Mandatory Principal Number, Tax-tax Pronunciation Number, Tax Decree number, Tax, Time or Tax Year, and a due date;

b. A count error, that is the error originating from the sum and/or subtraction and/or multiplicity and/or division of a number;

c. A mistake ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-23-

c. Error in the application of legislation, taxation, i.e. errors in the application of the tariff, misrepresentation of the percentage of Norma Count, the application of administrative sanctions, the error of income not taxable, and error in crediting.

The definition of correcting in this section may mean adding or decoding or eliminating, depending on the nature of the error and its error.

If there is still a write error, the error compute, and/or misrepresentation in the application of regulatory provisions taxation in the correcting decision letter, Wajib Tax may apply again to the Director General of Tax, or the Director General of Tax can do more due to office.

Figures 14

Article 17

According to the provisions of this section the More Pay Tax Provisions are issued, if:

a. for Income Tax, the amount of tax credit is greater than the amount of tax owed, or it has been made tax payments that should not be in debt;

b. for the Value Added Tax, the amount of tax credit is greater than the amount of the tax owed, or it has been made tax payments that should not be debuned. In the event of a debt tax, the amount owed by the amount of the amount owed by the tax was deduted by the tax levied by the Value Added Tax.

c. for the Sale Tax of the Luxury Goods, the amount of taxes paid greater than the amount of the tax owed or the tax payment is not supposed to be owed.

The More Pay Tax Decree is published. After an inspection of the Forwarded Notifications letter, the Taxes Make it less pay, zero, or more pay that is not accompanied by an application for the return of the tax payment (restitution plea).

If ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-24-

If Compulsory Taxes after receiving a More Pay Tax Act and desire the return of the excess tax payment (restitution), it is required to apply for a written request. as set out in Article 11 of the paragraph (2).

More Pay Tax Decree can still be published again if based on the results of the check it turns out that the more paid tax is greater than the overage in the specified tax payment.

Figures 15

The article 17 A

According to the provisions of this section, the Nil Tax Decree is issued if:

a. for Income Tax, the amount of tax credits equal to the amount of debt owed or the tax is not owed and there is no tax credit;

b. for the Value Added Tax, the amount of tax credits equal to the amount of debt owed, or the taxes are not owed and there is no tax credit. If there is a debt tax on the tax, then the amount of taxes that is owed is the sum of the amount of the amount of income tax on which the value of the value is due to the amount of tax revenue. such;

c. for the Sale Tax of Mewah Goods, the amount of taxes paid equal to the amount of debt owed or the tax is not owed and there is no tax payment.

Article 17 B

paragraph (1)

Against the plea return of excess tax payments must be issued a tax decree No, at least twelve months since the letter of the request is fully accepted, in the sense that the Notice of Notice has been fully filled as referred to in Article 3. For export activities and the submission of Tax and/or Services Tax to the Value Added Tax collector, the term may be shortened to the decision of the Director General of Taxes. Requests can be delivered by filling a column in a Notices Letter or by a separate letter.

Letter ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-25-

The letter of the tax decree may be a Underpaid Tax Decree as referred to in Article 13, the More Pay Tax Paragraph as referred to in Article 17 or The Nihil Tax Decree as referred to in Article 17A.

Verse (2)

With that time limit on paragraph (1) is intended to provide legal certainty to the invocation of a Tax or Taxable Tax, so that if the deadline is passed and the Director General Tax does not To make a decision, the request was considered granted. In addition, the deadline was intended for the purposes of orderly taxation administration.

Verse (3)

In the case of Director General Tax it is overdue to publish a More Pay Tax Letter then by the Government given a interest rate of 2% (two percent) per month to Wajib Tax, calculated since the end of the term as Referred to in paragraph (2) up to the time when the Payment Tax Decree is issued, part of the month is counted one month.

Figures 16

Article 18

Verse (1)

Tax Bill Letter (STP), Underpaid Tax Decree (SKPKB), Supplementary Tax Decree (SKPKBT), and Correcting Decision Letter, Decision Letter, Severing Appeal, which causes the amount of tax to be repaid, it is the administration tool for the Director General of Tax for tax invoicing.

Verse (2)

Quite clear

Figures 17 ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-26-

Figure 17

Section 20

Which is referred to "instantaneous" billing is an immediate basis without waiting for the due date of payment due, while invoicing "at once" is a billing that includes all tax debts of all taxes and years of Tax.

Figures 18

Section 21

Verse (1)

This paragraph sets the country's position as preferen creditor is declared to have The right to the top of the Tax Service will be auctioned off in public.

After the new paid tax debt is settled down payment to other creditors.

The intent of this verse is to give the Government a chance to get a share first from other creditors over the proceeds of the auction The items belonging to the Tax Reposition are common to cover or pay off their tax debts.

Verse (2)

Pretty clear

Verse (3)

Quite clear

Verse (4)

Clear enough

Verse (5)

Quite clear

Number 19 ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-27-

Figures 19

Article 22

Verse (1)

The expiration date of this tax-billing will need to be set to provide legal certainty when the tax debt cannot be billed again.

Verse (2)

The tax-billing quartz may exceed ten years if:

a. The Director General of Tax publishes the Letter of Teguran and delivers the Letter of Paksa to the Tax Reposition who does not make the payment of the tax debt up to the due date of payment due. In such case the billing expiry date is calculated from the date of the delivery of the Letter of the Paksa.

b. Taxpayers represent a tax debt recognition in a way:

-Wajib Tax is applying for an installment or a delay in payment of a tax debt prior to the due date of payment due. Daiam such as that of the billing expiry date is calculated since the date of the installment of the installment of the installment or the delay in the payment of tax debts received by the Director General of Tax.

-Wajib Tax applied for objection In such a case the billing expiry is calculated since the date of the letter objecting to the Tax Authority received the Director General of Tax.

-Wajib Tax carries out the payment of a portion of its tax debts. In such event the billing expiration date is calculated from the date of payment of partial payment of the tax debt.

c. There's ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-28-

c. There is a No-Pay or Extra Pay Tax Decree issued on the Tax Taxpayer for committing a criminal offence under a Court ruling that has obtained the legal force. Stay. In such event the billing expiration date is calculated from the date of the issuer's issuer.

Number 20

Article 23

Verse (1)

In terms of the number of tax bills it is not paid up to the due date The payment, the billing can be done with the Paksa Letter. The word "may" in this paragraph is that the tax rate with the new Letter of Paksa is held if the Tax Repayment does not pay off the tax debt up to the date of the payment due or up to the delay due date. payments or do not meet the tax repayment installment.

Verse (2)

Before the tax judiciary is set up, disclaimer and/or Tax Recharges against the execution of the Surat Paksa, sita or auction submitted to the State Court local.

Verse (3)

Quite clear

Figures 21

Article 25

Paragraph (1)

If Taxpayer Tax argues that the amount of the loss, the amount of tax, and the withholding or tax rate is not as it should be, then Wajib Tax may submit an objection only to the Director General of the Tax.

Objection Proposed is against the material or the content of the tax decree, which is the amount of damages under the terms of the taxation laws, the amount of the amount of taxes, and the deductions or the taxes.

The words ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-29-

The word "one" on this verse is intended that one objection should be filed against one tax and one year of tax, for example:

Tax Year Income Tax 1995 and Year The 1996 tax of his objections had to be submitted in one letter objecting to each other. For the two years the tax must be submitted by two objections.

Verse (2)

It is fairly obvious.

Verse (3)

The deadline of filing a letter of objection is determined within three months of the publication of the tax decree In order that it may be sufficient time to prepare a letter of objection and a reason.

If it turns out that the three-month deadline cannot be fulfilled by the time it is not a matter of time.

It is mandatory for tax due to the state outside of the state tax (Force mayeur), then it is time for the tax. for the three months it can still be considered for extended by the Director General of the Tax.

Verse (4)

Quite clear

Verse (5)

Signs of proof or receipt of receipt of letters are indispenable to meet the formal provisions.

Accepted or not the right to submit a letter of objection is, depending on the terms of the time limit as referred to in verse (3), which is calculated from the publication of the tax decree until the time of the receipt. a letter of such objection.

The receipt or retion of such acceptance by Wajib The tax can also be used as a control tool for him, to find out until the twelve-month deadline as referred to in Article 26 of the paragraph (1) ends.

The Mark ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-30-

A sign of evidence or acceptance of the receipt was necessary to ensure that its objection was granted, if in the term the Tax Wajib did not receive a reply from the Director Tax General for objections raised.

This is what the word "interest" is in this paragraph.

Verse (6)

For the Tax Wajib can frame objections to the strong reasons, Wajib Tax is given the right to request the basics of imposition, deductions or tax breaks have been set, instead The Director General of the Tax is obligated to meet the request above.

Verse (7)

To prevent the attempted avoidance or delay of tax payments through filing a letter of objection, then the submission of objection does not deter Billing will be provided in accordance with the terms of this Agreement.

This provision needs to be included with the intent of applying for the purpose of Mandatory Service, for the purpose of not paying the specified tax, so that it may be prevented. the disruption of state acceptance.

Figures 22

Article 27

Verse (1)

Clear enough

Verse (2)

Pretty clear

Verse (3)

Clear enough

Verse (4)

Quite clear

Verse (5) ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-31-

Verse (5)

Quite clear

Verse (6)

Quite clear

Figures 23

Article 27A

Quite clear

Figures 24

Article 28

Verse (1)

Clearly

Verse (2)

Clearly enough

Verse (3)

Quite clear

Verse (4)

The bookkeeping definition has been set in Section 1 of v. The settings on this verse are intended to be from the bookkeeping calculated the amount of the debt owed.

In addition to being calculated the magnitude of the Income Tax, other taxes as well It has to be calculated from the bookkeeping. In order for the Value Added Tax and the Sales Tax for the Mewah Goods may be calculated correctly then the bookkeeping must also record the amount of the price or value of the import, the amount of the sale price or the value of the export, the amount of the sale price of the item in the country. Sales tax on the Luxury Goods, the amount of payment for utilization of intangible tax items from outside the Customs Area within the Pabean Region and/or the utilization of the Tax Taxpayer Services from outside the Pabean Region within the Pabean Region, the number of Input Taxes that can be credited and that cannot be credited.

With ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-32-

Thus the book must be held in a manner or system commonly used in Indonesia for example based on the Indonesian Accounting Principles, except for the laws of the Republic of Indonesia. Other determining taxation.

Verse (5)

Clear enough

Verse (6)

Books, records, and documents including electronic data processing results which are the basis of bookkeeping or logging should be kept for the duration of the Ten years in Indonesia, with the intent that the Director-General of Tax will be issued a tax decree, bookkeeping or logging required still exists and may be immediately provided. A period of ten years of storage of books, records, and documents that are the basis of bookkeeping or logging is in accordance with the terms governing the expiration date of the tax settlement.

Verse (7)

Principles Obeyway is the same principle used in the method of bookkeeping with previous years, in order to prevent repayment of profit or loss. Principles of obedience in the ledger method include usage:

a. Stelsel of income recognition;

b. Year of the book;

c. Inventory assessment method;

d. The method of depreciation.

The acrual Stelsel is a method of calculating the income and cost in the means of income recognized at the time acquired and the cost of being recognized at the time of the debt. So it does not depend when the income is accepted and when the fee is paid in cash.

Includes in the sense the stelsel acrual is a recognition of earnings based on the method of the percentage of job completion rates commonly used in the the field of construction and other methods used in certain areas of effort such as Build Operate and Transfers (BOT), Real Estate, and others.

Stelsel ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

-33-

Stelsel cash is a method whose account is based on earned income and cash-paid fees. According to the stelsel, a new income is considered an income, when it has actually been received in cash in a given period, as well as a new charge being considered a fee, if it has actually been paid in cash in a given period.

The cash Stelsel is usually used by small companies of private persons or services companies such as transportation, entertainment, restaurants, which take time between the delivery of services and the acceptance of the payment does not last long. In the pure cash Stelsel, the income of the submission of goods or services is specified upon receipt of the payment from the subscription, and charges are set at the time of the repayment of goods, services, and other operating expenses.

In this way, use the Stelsel's cash flow may result in an obscured calculation of the income, which is that the amount of income from year to year can be adjusted by setting up cash receipts and cash expenses. Therefore for the calculation of the Income Tax, in using the stelsel cash register must pay attention to halhal among others as follows:

1) The number of sales figures in a period must include all sales, both cash and non.

In calculating the sale principal price must be taken into account the entire purchase and supplies.

2) In obtaining dissolving property and depreciable rights, deductable expenses of income can only be done through depreciation and amortization.

3) The use of stelsel coffers must be done in a devout observable way. (consistent).

Thus the use of a cash stelsel for taxation purposes can also be named a mixed stelsel.

Verse (8) ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

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Verse (8)

Basically the method of books being embraced should be observant, i.e. it must be the same as in previous years, for example, in terms of use of income recognition methods. and cost (cash or acrual methods), a fixed asset depreciation method, inventory assessment method and so on. Nevertheless, the change in the method of bookkeeping is still possible on the condition of having received the approval of the Director General of Tax. Changes in the method of bookkeeping must be submitted to the Director General of the Tax before the start of the year of the book in question for the logical and acceptable reasons for which they may arise from such changes.

Change of bookkeeping method will result in changes in observant principles that may include changing methods from the cash to the acrual or vice versa or the change in use of income recognition methods or recognition of the cost itself. For example, in the method of recognition the cost associated with the activating depreciation remained with the use of a specific depreciation method.

Example:

Wajib Tax in 1995 used a straight line method of depreciation or straight line method. In 1996, Wajib Tax intended to change the method of depreciation by using a declining balance method.

For that purpose, you must ask for approval first to the end of the month. The Director General of the Tax was submitted before the start of the 1996 book by mentioning the reasons for the change in the method of depreciation and the aftermath of the change.

In addition, the book's year-period changes also result in a The amount of income or loss of Wajib Tax, therefore change. It must also be approved by the Director General of Tax. Tax year is the same as the taxable year (calendar year) unless Wajib Tax uses the year of the book that is not the same as the tawim year.

If ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

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If the Tax Wajib uses the year of the book that is not equal to the year of the tawim, then the mention of the tax year in question uses the year in which it included the first six months. or more.

Example:

a. Bookkeeping 1 July 1995 until 30 June 1996, the tax year was the tax year of 1995.

b. Bookkeeping 1 October 1995 until 30 September 1996, the tax year was the 1996 tax year.

Verse (9)

Pretty clear

Verse (10)

Seekers by Wajib Tax that do business activities and free work include gross circulation and other income receipts, whereas for those who are solely receiving earnings from outside the effort and free work account only regarding earnings receipts.

Verse (11)

Pretty clear

paragraph (12)

Quite clear

Figure 25

Article 29

paragraph (1)

Director General Tax in order of supervision of the authorities is conducting an examination for:

a. Testing ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

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a. Testing the compliance of tax liability obligations;

b. Other purposes in order to carry out the provisions of the taxation laws.

Examination can be performed at the Office (Office Examination) or in the place of Wajib Tax (Field Examination) whose scope of the examination can be includes years ago and the year running.

Examination can be made against Wajib Tax, including against government agencies and other bodies as tax collectors or tax cutters.

Implementation of the examination in order testing the fulfillment of the taxation obligations performed by tracing the truth of the Notice of Notices, bookkeeping or logging, and the fulfillment of other taxation obligations, compared to the actual state or business activity of Wajib Tax, which is done with:

a. Applying the examination techniques commonly used in examination in general, which is called the Complete Examination;

b. Implement the examination techniques with simple weights and depth according to the scope of the examination both in the office and in the field, which is called a Simple Check.

In addition, Simple Examination can be also performed for other purposes, including:

-assign one or more of the Additional Value Added Tax and/or Income Tax Article 21;

-confirming or revoking the Taxable Businessman;

- Give ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

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-gives the Statutory Principal Number of Tax and/or Strengthening Of The Businessman's Taxes in office.

Verse (2)

Quite clear

Verse (3)

Wajib Tax For the purpose of the third party, they shall be examined for the purpose of the obligation, or for the other purpose, as in the case of the verse (1), and shall be a test of the law, and the records, and the records, Which is required, which is related to income acquisition or business activities.

When the books, records and documents required cannot be provided by Wajib Tax under the pretext of avoiding themselves, based on this paragraph the examiner is allowed to enter the premises or the room. The alleged officer was used as a repository for the books, records and documents.

Verse (4)

To prevent a pretext of being bound to secrecy, so that the books, records, documents, and the details other required cannot be provided by Wajib Tax, then this verse confirmed that the secret obligation was nulliled.

Figures 26

Article 31

Quite clear

Figures 27 ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

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Figures 27

Article 32

Verse (1)

In this Act is determined who is the representative to exercise the right and tax liability of Wajib Tax against the body, The body in the dissolution, the undivided inheritance, and the unborn child or the person who is in the safety of the body. For the taxpayer it needs to be determined who becomes his deputy or his power, because they cannot or may not commit himself to such a legal action.

Verse (2)

This paragraph confirms that the representative of Wajib Tax is not possible. which are set forth in this Act are personally responsible or are collectively responsible for the payment of a debt owed.

The exception can be considered by the Director General of Tax if the deputy of the Tax Tax can attest and That, in the second, according to the face of the face, and of the wrineness, he may not be asked. personal or loan liability.

Verse (3)

This paragraph gives the leniency and opportunity for the help of other parties who understand the taxation issue as its power, to and on its behalf. help implement the right and tax liability of Wajib Tax.

The assistance includes the exercise of formal and materiel obligations as well as the fulfilment of the Required Tax rights in the taxation laws.

Verse (4)

The real person has the authority to determine discretion. And/or taking decisions in order to run corporate activities, for example the authorities sign a contract with a third party, signing the cheque, and so on, even though the person is not named in the arrangement of the caretaker. It's written in both the founding and the changes, including the administrator's definition.

Number 28 ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

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Figures 28

Article 34

Verse (1)

Quite clear

Verse (2)

Experts, such as linguists, accountants, lawyers and so on appointed by the Director The Tax General to assist in the implementation of the taxation Act, is the same as the tax officer who is forbidden to disclose the confidentiality of the Tax Wajib as referred to in the paragraph (1).

Verse (3)

For the benefit of the country, for example in order to hold cooperation with other government agencies, the description or written proof of or about the Tax Wajib may be provided or shown to a particular party that was appointed by the Minister of Finance.

In a permit issued by the Minister of Finance must be named Wajib Tax, the name of the designated party and the name of the official or expert or expert power permitted to provide the caption or Exhibit written proof of or about the tax of Wajib. The granting of such permits is limited in matters seen as necessary by the Minister of Finance.

Verse (4)

To carry out the examination at the court hearing in criminal cases or perdata related to the issue taxation, for the sake of the judicial interest of the Finance Minister to grant exemption for the exemption of the confidentiality obligations to tax officials including tax officials assigned in the tax judiciary or Tax Scales Assembly and experts as It is in verse (1) and verse (2), at the written request of the speaker of the chief of the court.

Verse (5)

The intent of this paragraph is the restriction and affirmation, that the requested taxation information is only about criminal matters or data about deeds or events concerning the field taxation and limited only to the suspect in question.

Figures 29 ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

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Figures 29

Article 35

Verse (1)

To exercise the provisions of the taxation laws, at the written request of the Director General of Tax, the third party is Banks, public accountants, notaries, tax consultants, administrative offices, and other third parties that have a relationship with the work of the vetted or vetted tax, must provide the information or the evidence that the official requested. Directorate General of Tax.

Verse (2)

Quite clear

Figures 30

Article 38

The violation of the taxation obligations carried out by Wajib Tax, along concerning the actions of the taxation administration imposed administrative sanctions, whereas those concerning criminal conduct in the field of taxation, are subject to sanctions Criminal. An act or act as referred to in this section is not a violation of the administration but it is a criminal offence.

With the presence of such criminal sanctions, it is expected to grow the awareness of Wajib Tax to comply with the obligations of taxation as specified in the taxation laws.

The alignment referred to in this section means unintentionally, negligable, uncareful, or disregarded its obligations, so that the deeds inflict loss on state revenue.

Figure 31

Article 39

Verse (1)

The artificial or inaction as referred to in this paragraph is deliberately subject to heavy sanctions given the importance of the tax receipt in state acceptance.

Verse (2) ...

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Verse (2)

To prevent a repeat of the recurrence of the criminal conduct in the field of taxation, it is for those who commit again a criminal act in taxation before passing a year Since the completion of some or all of the prison's penal felon, a more severe criminal, is two of the criminal threats set in verse (1).

Verse (3)

Abuse or use without the right of Compulsory Principal Number or Employer Number of the Employers Tax, or the delivery of a Notices Letter that is not right or incomplete in order to apply Tax restitution and/or tax compensation are untrue, greatly harming the country. Therefore, the trial of such a criminal act is a delicate of its own.

Figures 32

Article 41

Verse (1)

To guarantee that the confidentiality of the taxation will not be notified to the other party and the In order for the tax to provide the data and the information not in doubt, in the course of the implementation of the taxation act, there is a need for criminal sanctions for the officials concerned that led to the disclosure of the secrecy.

The disclosure of secrecy according to this paragraph is done due to the inaleness in sense of neglect, uncareful, not careful, or disregarded, so the obligation to secrecy, captions, or the evidence that is on the mandatory tax is protected by the taxation Act, is violated. In the event of a fitting punishment.

Verse (2)

The artificial or intended act of this verse is intentionally charged with more severe sanctions than the action or action. Due to the aleness, in order for the concerned officials to be more careful not to do the work of leaking the secrets of the Taxes.

Verse (3) ...

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Verse (3)

The criminal charges against the breach of confidentiality as referred to in paragraph (1) and the paragraph (2) in accordance with its nature, are concerns the personal interest of a person or Body as the Tax Wajib, as it is made a criminal complaint.

Figure 33

Article 41A

In order for a third party to meet the Director General of Tax's request as set in Article 35 then there is a need for sanctions for the party. The third party whose actions or actions are referred to in this section.

Article 41B

A person who performs the deed obstructing or complies with the investigation of a criminal offence in the field of taxation, for example, obstruction of Investigator conduct a search warrant, hiding evidence and so on. in this section, subject to criminal sanction.

Figures 34

Article 42

Quite clear

Figures 35

Article 43

paragraph (1)

Which is being convicted of committing a criminal offence in the field of non-limited taxation In the case of a tax, a tax on the tax, or a tax, or a tax, or a tax. against those who are instructed to do, who participate, who advocate, or who help commit a criminal offence in the field of taxation.

Verse (2)

Quite clear

Figures 36 ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

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Figures 36

Article 44

Verse (1)

Investigators in the field of taxation are officials of a particular civil servant in the Directorate General of Taxes appointed by the Minister " Judiciary in accordance with the provisions of the applicable laws.

The investigation of criminal conduct in the field of taxation is exercised according to the provisions set out in the Law No. 8 of the Year of 1981 on the Law of Criminal Events and regulations the implementation.

Verse (2)

Pretty clear

Verse (3)

Quite clear

Figure 37

Article 44A

In case the investigation of a criminal offence is terminated unless the term is expired, then the fixed tax decree can be published.

Article 44B

Verse (1)

Clear enough

Verse (2)

Pretty clear

Figures 38 ...

PRESIDENT OF THE REPUBLIC OF INDONESIA

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Figures 38

Article 47

The provisions of this section are deleted, as it is substantively a matter of the Act on Income Tax and has been set up in legislation That.

Article II

Quite clear

Article III

Quite clear

Article IV

Quite clear

ADDITIONAL SHEET REPUBLIC OF THE REPUBLIC lNDONESIA NUMBER 3566