The Decision of the Tax Court No. PUT-011550.99/2024/PP/M.IXA Year 2025 presents an important precedent in Indonesia’s tax law enforcement, particularly concerning the legal nature of Article 25 Income Tax (PPh Pasal 25) installments within the self-assessment framework. The dispute involved PTAH, which challenged the Directorate General of Taxes’ (DGT) decision rejecting the cancellation of the principal tax amount in the Tax Collection Letter (Surat Tagihan Pajak, or STP) for Article 25 Income Tax for the Tax Period of June 2023. The issue arose when the Taxpayer received an STP containing a principal tax amount of IDR 346,776,033, deemed underpaid following a correction of its 2022 Corporate Income Tax Annual Return. However, the Taxpayer argued that the entire tax liability for Fiscal Year 2023 had already been settled through the payment of Article 29 Income Tax (PPh Pasal 29), leaving no outstanding tax obligation that could cause a loss to the state.
The core of the dispute lies in the differing interpretations regarding the nature of Article 25 Income Tax. The DGT maintained that Article 25 installments constitute a formal monthly obligation that must be paid on time as stipulated in Decree KEP-537/PJ/2000. Accordingly, any underpayment may be subject to an STP pursuant to Article 14 of the General Tax Provisions and Procedures Law (UU KUP), regardless of whether the annual income tax liability has been fully paid. Conversely, the Taxpayer asserted that Article 25 Income Tax does not represent a tax payable, but merely an advance collection mechanism or tax credit designed to help taxpayers prepay their year-end tax liability. The actual tax payable is determined only at the end of the fiscal year, as clearly stated in Article 12 of the UU KUP, making the settlement of Article 29 Income Tax sufficient evidence that the substantive tax obligation had been fulfilled.
In adjudicating the case, the Panel of Judges chose to prioritize substance over form. The Panel emphasized that under Article 12 of the UU KUP, income tax becomes payable only at the end of the fiscal year. Therefore, Article 25 installments cannot be treated as an independent tax liability. Since the Taxpayer had fully paid its Article 29 Income Tax, the state had effectively received all tax revenue due for the relevant year. Consequently, the imposition of an STP to collect the principal amount of Article 25 installments was substantively inappropriate because it did not reflect the taxpayer’s actual tax liability. The Panel also viewed the Taxpayer’s payment of Article 29 Income Tax as a demonstration of good faith in meeting its tax obligations, leaving no legal basis for the government to collect the Article 25 installments that had already been absorbed into the year-end tax calculation.
The decision annulled the principal tax amount of the STP totaling IDR 346,776,033, while maintaining the administrative sanction for late payment as a consistent application of formal requirements. Nonetheless, the Panel’s decision clearly emphasizes that Article 25 Income Tax must be understood within the broader context of Corporate Income Tax, rather than being treated as a standalone obligation separate from Article 29 Income Tax. As such, the collection of Article 25 installments—which serve only as temporary advance payments—loses its relevance once the annual tax liability has been fully settled.
From a broader perspective, this decision provides meaningful legal certainty for businesses. Taxpayers now possess a strong legal basis to seek cancellation of the principal amount of Article 25 STPs when the final annual tax liability has been paid. The ruling further reinforces the principle of self-assessment, where the primary focus is not merely on formal monthly compliance, but on the fulfillment of substantive tax obligations at the end of the fiscal period.
A Comprehensive Analysis and the Tax Court Decision on This Dispute Are Available Here
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