DJP's WHT Article 23 Correction Nullified! The Key Lesson: Accounting Equalization is Not Concrete Legal Evidence

The principle of evidence in tax litigation is once again affirmed through this Tax Court Decision which fully granted the taxpayer's appeal. This case revolves around a Withholding Tax (WHT) Article 23 dispute, where the Directorate General of Taxes (DJP) issued a correction on the Tax Base (DPP) amounting to IDR 106,515,000.00. The core of this dispute is the validity of the correction's basis, which relied solely on the equalization result between cost accounts in the income statement and the WHT Article 23 reporting. PT CLSI explicitly refuted the correction, asserting that all WHT Article 23 withholding obligations had been fulfilled and proven with valid tax slips, where the corrected amount was an advance payment of a larger total transaction.

The central conflict in this dispute lies in the differing interpretations of the strength of evidence. The DJP argued for the correction based on the equalization discrepancy, which was presumed to be an object of unwithheld WHT Article 23, without concrete transactional evidence. Conversely, PT CLSI presented a comprehensive set of documents, ranging from the Work Order, Invoice, Proof of Payment, to the WHT Article 23 Tax Slip covering a total transaction value that exceeded and encompassed the disputed corrected amount. Juridically, PT CLSI relied on the stipulation that audit findings must be supported by strong and relevant evidence, and that equalization is merely a technique for identifying potential issues, not a legitimate basis for correction issuance.

In the resolution of this dispute, the Panel of Judges opined that a correction based on equalization alone is insufficiently robust to prove the tax liability, as it is only indicative. The Panel prioritized the principle of material truth. After examining the WHT Article 23 evidence (tax slips, invoices, and payment vouchers) submitted by PT CLSI, the Panel was convinced of PT CLSI's argument. Legally, the WHT Article 23 tax slip with a larger Tax Base that includes the corrected advance payment amount served as sufficient evidence to invalidate the DJP's correction, as the tax withholding obligation had already been discharged.

The analysis of this decision re-emphasizes a crucial lesson for both taxpayers and the DJP. For taxpayers, the importance of meticulous tax planning and record-keeping, especially in linking every cost expenditure to WHT obligations, becomes paramount. This decision establishes a strong precedent that limits the fiscal authority's power to use equalization as the sole basis for WHT Article 23 corrections. The implication is that tax audits must be more in-depth and supported by substantive transaction testing, rather than merely relying on accounting reconciliation discrepancies.

In conclusion, PT CLSI's success in this case highlights the DJP's failure to prove the material truth of its correction. The Panel of Judges maintained consistency in demanding concrete evidence for tax liabilities. This provides legal certainty for taxpayers while simultaneously encouraging the tax authority to ensure that every Tax Assessment Letter (SKP) is supported by strong evidence and does not merely depend on accounting reconciliation techniques.

A Comprehensive Analysis and the Tax Court Decision on This Dispute Are Available Here