Obligations for Indonesian Banks to Report Its Customers Data to Tax Office Under Automatic Exchange of Information (AEOI) Stipulations

DOI

10.2991/sores-18.2019.135How to use a DOI?

Keywords

tax amnesty; common reporting standart; automatic exchange of information

Abstract

This study aims to determine the legal implications after Indonesia signed a Multilateral Agreement between authorized officials (Multilateral Competent Authority Agreement) on the Automatic Exchange of Financial Account Information (AEOI). The agreement requires the government to make regulations that authorize the tax authorities to access financial information where the obligations are contrary to the principles of banking law in Indonesia which are required to maintain the confidentiality of customer data. The method used is normative juridical approach to legislation and conceptual approach. The results of this study reveal that in the application of an exchange access policy for financial information that is contrary to the principles of banking law, the legal principle of lexspecialis derogate legigeneralis is used. The government collaboratively with Indonesian banks and financial institutions must promote these new requirements to the public, especially customers of banks and financial institutions.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - J. M. Atik Krustiyati
AU  - Diana Hugeng
PY  - 2019/03
DA  - 2019/03
TI  - Obligations for Indonesian Banks to Report Its Customers Data to Tax Office Under Automatic Exchange of Information (AEOI) Stipulations
BT  - Proceedings of the Social and Humaniora Research Symposium (SoRes 2018)
PB  - Atlantis Press
SP  - 594
EP  - 596
SN  - 2352-5398
UR  - https://doi.org/10.2991/sores-18.2019.135
DO  - 10.2991/sores-18.2019.135
ID  - Krustiyati2019/03
ER  -