SP2DK and a Tax Audit

SP2DK (Letter of Request for Explanation on Data and/or Information)

An SP2DK is not a tax audit; rather, it is the initial stage of compliance monitoring. An SP2DK is a letter issued by the Tax Service Office (KPP) to request clarification or an explanation from a taxpayer regarding discrepancies between the data they reported and the data held by the DGT.
 

When is an SP2DK Issued? An SP2DK is issued when the DGT's system or tax officers find an indication of inconsistency between:

• The data reported by the taxpayer in their Tax Return (SPT).

• External data held by the DGT, such as banking information, third-party transaction data (e.g., from a business counterparty), or data from other government agencies.
   

Nature and Purpose of an SP2DK:
 

• Nature: It is persuasive and non-formal. This is an opportunity for the taxpayer to provide an explanation or correct their data before more serious action is taken.
   

• Purpose: To give the taxpayer a chance to voluntarily explain the discrepancy. If the explanation is accepted or the taxpayer makes an amendment, the process can conclude without proceeding to an audit.
   

Taxpayer's Action on an SP2DK: A taxpayer has two main options:
 

1. Provide Clarification: Submit a written explanation along with supporting documents that prove the accuracy of the reported data.
    

2. Amend the Tax Return: If the taxpayer realizes there was an error, they can immediately amend their Tax Return and pay any tax underpayment. This is often the best option to avoid the risk of a full-blown audit.
    

If the taxpayer fails to respond or their response is unsatisfactory, the SP2DK can serve as the basis for the DGT to initiate a Tax Audit.

Tax Audit (Pemeriksaan Pajak)

A tax audit is a much more formal and in-depth series of activities than an SP2DK. An audit is a process conducted by tax officers to test a taxpayer's compliance and determine the amount of tax owed.
 

When is a Tax Audit Conducted? An audit can be conducted for two main reasons:
 

• Routine: For example, for taxpayers who apply for a tax refund (restitution of overpaid tax).
   

• Special: Triggered by a significant indication of non-compliance, such as unsatisfactory results from an SP2DK data analysis, unreported data, or signs of tax evasion.
   

Types of Tax Audits:

1. Field Audit (Pemeriksaan Lapangan): Conducted at the taxpayer's premises (office, factory, warehouse, etc.). Tax officers are physically present to examine books and documents.
    

2. Office Audit (Pemeriksaan Kantor): Conducted at the Tax Service Office (KPP). The taxpayer is required to bring all relevant documents to the office.
    

Audit Process: The process begins with the issuance of a Tax Audit Notice (Surat Perintah Pemeriksaan or SP2). During the audit, the tax officers will examine all books, records, and supporting documents. Ultimately, there will be a final discussion of the audit findings, which can lead to the issuance of a Tax Assessment Letter (Surat Ketetapan Pajak or SKP) that legally establishes the amount of tax due. This SKP can indicate an underpayment, overpayment, or a zero balance.

SP2DK vs. Tax Audit: A Comparison

In conclusion, an SP2DK is an opportunity, while a Tax Audit is an obligation. If you receive an SP2DK, respond promptly and carefully. If you face a tax audit, prepare thoroughly and ensure all your documents are in order. Facing these situations without adequate understanding can lead to significant financial risks.