Acceptable standards and procedures for tax audits

Acceptable standards and procedures for tax audits

Pahala Nainggolan, Jakarta

The most serious complaint from the Indonesian Chamber of
Commerce and Industry (KADIN) about the proposed tax law
amendments is one of inequality. They feel there is a lack of
equality between tax authorities and taxpayers. This conclusion
comes from their daily experience in dealing with tax auditors.

Actually, this inequality problem could be solved by improving
the way audits are conducted and the handling of taxpayers'
complaints.

The process could start with the basics. The purpose of a tax
audit is to promote the voluntary compliance of taxpayers in
reporting and settling their tax obligations and to deter tax
evasion. A tax audit is supposed to be conducted when tax
officials find indications of a taxpayer's failure to comply.

In reality this is not the case. Tax auditors come whenever
they want -- whether they have indications of non-compliance or
not. Tax audits are treated as additional tools to achieve the
tax revenue target. This causes tax auditors to focus on how to
increase payments rather than to check compliance.

Tax audits are clearly a tax transaction cost. A company must
assign its staff time to prepare documents, answer auditors'
questions, analyze the findings and so on. In addition to time
spent, there are also documents to be copied, reconciled etc.

After the tax auditor's findings are communicated some money
must be paid as mentioned in the report. In the case of unfair
tax treatment, taxpayers can object to the auditor's findings by
going into the regional tax office or to the tax court.

The current mechanism for objection against the tax assessment
letter is where the inequality happens.

First, a taxpayer must pay that amount even though they object
to the amount. The notice of objection will be processed, but the
amount must be deposited first. This can really cause a cash flow
problem for taxpayers.

Smart tax auditors know that time is money.They could
exaggerate their reports, forcing taxpayers to pay the amount
even though they are quite sure the assessment is incorrect.

Second, the objection process takes more than one year. The
objection will be processed by the local tax office within a
minimum of 12 months after a notice of objection is received.

But usually the taxpayer is asked to respond only as the
deadline approaches. If the taxpayer objects to the decision, an
appeal could be filed with the tax court, which would take
another year to process. So, a final resolution would be reached
after two years.

Again, smart tax auditors understand this situation. The
objection process will only add to the taxpayer's costs as they
need to provide additional documents etc.

Hence, the temptation is great for collusion between taxpayers
and tax auditors to reduce the costs at the expense of state
revenues.

The third issue at stake is the independency of the people who
process the notice of objection. At first, the objection will be
processed by different units of an organization, though still
under the Directorate General of Taxation. At this stage there
are numerous problems. Esprit de corps, their solidarity with
their colleagues (tax auditors), of course will be maintained.
Then, they have to achieve the tax revenue target. Accepting a
taxpayer's objection means they may not reach the target.

Appeals to the tax court more or less follow the same course.
Most of the judges are former tax officials or employees of the
ministry of finance. Theoretically, the interests of the two
parties are rarely voiced equally.

Realizing that the objection process is a long and winding
road, it is no wonder that some businesspeople or taxpayers
choose the easiest and probably the cheapest way in dealing with
tax audits, thus leading to corruption in the taxation system.

Those who are patient, have the finances at their disposal and
are certain of winning the case will go to the tax court. But the
remainder who have a limited cash flow, will choose the easiest
way out.

Tax audits are a must. This is one way to ensure the
compliance of taxpayers. But this does not mean taxpayers' burden
should be increased. Moreover, tax corruption must be avoided.

To achieve these objectives, there are several alternative
solutions.

First, while the objection is being processed, the tax amount
due should not be settled in cash but be guaranteed with
collateral using the assets of the taxpayer. This ensures that
the tax office will be able to get the payment immediately in
case the final decision is in favor of the tax auditors. By
allowing non-cash payment, taxpayers will face no cash flow
problems.

Second, from the outset, the processing of taxpayers'
objections must involve independent parties who would voice and
act on taxpayer's interests. A model such as the Taxpayer
Advocate Service of the IRS could be used.

Third, the processing of notices of objection must be
shortened to three months. This would show a commitment from the
tax office to serve taxpayers as their main customers. Why is it
that a tax audit takes only about two months to complete, while
an objection to its findings takes 12 months to process, with no
fieldwork needed? As the process requires only the collection of
additional data and some further analysis, it should not be
longer than the auditing work itself.

The writer, formerly a tax auditor, is a doctoral student of
management science at the University of Indonesia's school of
economics. He can be reached at pahala@tifafoundation.org.