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Today's Headlines Tax Evasion
Indonesian authorities are currently investigating a suspicious transfer, involving USD $1.4 billion, by Standard Chartered Plc made in late-2015. British multinational banking and financial services company Standard Chartered held these funds - the majority on behalf of Indonesian clients - at Guernsey, a Channel Islands in the English Channel near the French coast.
In its "war on tax evasion" Indonesia scored another victory by reaching an agreement ("Bilateral Competent Authority Agreement") with Hong Kong to share data of Indonesian taxpayers who hold accounts in the Asian wealth management hub. Indonesia's Tax Office assumes (or better: knows) there are plenty of wealthy Indonesians who take advantage of the low tax regime in Hong Kong and deliberately do not report these funds to Indonesian authorities.
Efforts of Indonesian authorities to clean up the nation's mineral and coal mining industries met resistance. Various local mining companies that saw their Mining Business Permit (in Indonesian: Izin Usaha Pertambangan, or IUP) being revoked by Indonesia's Energy and Mineral Resources Ministry object to the government's move, despite authorities' claim that they are only revoking those permits of miners that have failed to obtain the mandatory clean and clear certificate (CnC).
After decades of the "banking information secrecy" culture in Indonesia, local banks now seem more willing to share clients' financial information to tax authorities (both local and foreign authorities). Earlier, Indonesian banks were reluctant to disclose this information as such transparency could mean banks would lose valuable clients. These "big clients" supply over half of banks' deposits. However, the situation has now changed due to the government's tax amnesty program.
There is concern about Indonesia's tax buoyancy. Tax buoyancy is the indicator that measures efficiency and responsiveness of revenue mobilization in response to growth in gross domestic product (GDP) or national income. While, Indonesia's GDP accelerated 5.02 percent (y/y) in 2016, the country's tax revenue realization only rose 4.2 percent (y/y) to IDR 1,104.9 trillion (approx. USD $83.1 billion). Since 2011 (when commodity prices plunged heavily) tax buoyancy has been weakening in Indonesia.
US multinational technology company Google failed to reach a tax settlement with Indonesia's Tax Office in 2016 and therefore directors of Google Indonesia could risk a prison visit. In September 2016 Muhammad Hanif, Head of the Tax Office's Special Cases Department, said Google could face claims for five years of back taxes, including a bill of more than USD $418 million for full-year 2015 as the company is estimated to have paid less than 0.1 percent of the total income and value-added taxes it owed Indonesia in 2015. In Indonesia, Google generates income from online advertisement.
Indonesia's tax amnesty program, which was launched in July 2016 and will run until 31 March 2017, can be labeled a success. Up to 16 October 2016, a total of IDR 3,842.9 trillion (approx. USD $296 billion) worth of assets (either at home or abroad) have been declared to Indonesia's tax authorities nearly achieving the government's target of IDR 4,000 trillion. However, asset repatriations (from the so-called tax havens) are not a success, being far from the government's initial projection and therefore Indonesian authorities are now easing regulations.
According to reports in Indonesian media, President Joko Widodo is willing to extend the deadline for the first phase of the government's tax amnesty program. Originally, this first phase, which sets the most attractive tax rates for those who decide to declare previously undeclared assets and - if desired - repatriate their offshore assets into Indonesia, was designed to end on 30 September 2016. Rosan Roslani, Chairman of Indonesia's Chamber of Commerce and Industry (Kadin Indonesia), said Widodo is willing to extend the deadline on request of Indonesia's business community.
Indonesian Finance Minister Sri Mulyani Indrawati was at a court hearing in Jakarta on Tuesday (20/09) to defend the legality of the nation's tax amnesty program. In July 2016 legal activists, gathered within the One Justice Foundation (Yayasan Satu Keadilan) and Indonesian People's Struggle Union (Serikat Perjuangan Rakyat Indonesia), filed for a judicial review at the Constitutional Court claiming that the program turns money laundering into a legal practice, protects criminals, teaches Indonesian citizens not to pay taxes, and constitutes an unfair program from a social point of view.
The first period of Indonesia’s tax amnesty program is almost completed. This first period, which runs from July to 31 September 2016, offers the most attractive tax rates to those taxpayers who have not fulfilled their tax obligations in recent years. Through the government’s tax amnesty program they can declare previously undeclared assets and – if they have assets abroad (for example in the so-called tax havens) – they are encouraged to repatriate these funds into Indonesia through attractive tax incentives and immunity from prosecution, a move that met resistance in Singapore.
Latest Columns Tax Evasion
A high positioned government official said that the government of Indonesia plans to cut corporate tax gradually from 25 percent currently to below 18 percent in a bid to make Indonesia a more lucrative place to conduct business. Luhut Panjaitan, President Joko Widodo’s Chief of Staff, confirmed that Widodo has already ordered this latest tax move. Over the past few weeks we have seen the announcement of a number of new tax policies as the government aims to boost tax collection by 30 percent in 2015.
The tax crime case which involves Bank Central Asia (BCA), Indonesia's largest lender by market value and the second-largest bank by assets, is not expected to have a significant impact on the performance of the shares of BCA. Earlier this week, Hadi Poernomo (Director General of taxation from 2002 to 2004) was questioned by Indonesia's Corruption Eradication Commission (KPK) on allegations of accepting bribes in exchange for tax exemptions - worth of IDR 375 billion (USD $32.8 million) - granted to BCA.
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