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The application of international tax law post-BEPS could still potentially lead to the increase of tax disputes. Even the number of tax disputes resulted from double taxation, mainly from the transfer pricing issue, is believed to be higher than before. In this regard, Mutual Agreement Procedure (MAP) comes as a solution to resolve tax disputes arising from the implementation of a tax treaty.
Indonesia as one of the members of the BEPS Inclusive Framework has already shown its commitment by adopting BEPS Action Plan 14 in order to make dispute resolution mechanisms more effective. But the main question is, whether a MAP is the best approach to resolve taxpayer’s disputes (mainly, transfer pricing disputes) in Indonesia.
Darussalam
Managing Partner DDTC
Lenida Ayumi
Tax Researcher, DDTC Fiscal Research