PGN Vs DGT Tax Confusion, Ministry Of BUMN: We Will Discuss It With The Ministry Of Finance

PGN employees can be seen walking in the production facility area. (Photo: Doc. PGN)

JAKARTA - The government, through the Ministry of State-Owned Enterprises (BUMN), has revealed that it has a middle way to resolve the tax dispute that is currently wrestling PT Perusahaan Gas Negara Tbk (PGN) and the Directorate General of Taxes (DJP).

Special Staff to the Minister of BUMN Arya Sinulingga said that his party had prepared two strategic steps that would be taken in the near future.

"First, we will discuss this with the Ministry of Finance because they have acknowledged that this is not a tax object," he said Monday, January 4, 2021.

The second step, according to Arya, is to encourage PGN to take further legal steps after the Supreme Court (MA) decision regarding the Reconsideration (PK) submitted by the DGT.

"For example PK 2 and it is possible. We will also see the progress of this case because there must be several similar cases, ”he said.

The professional who comes from the Perindo Party then gave a signal that there was a difference in interpretation of the Minister of Finance Regulation PMK-252 / PMK.011 / 2012 concerning the implementation of Value Added Tax (PPN) for natural gas.

As a result, PGN then received a VAT deposit bill from the DGT with an estimated value of up to Rp3.06 trillion. On the other hand, PGN has not collected taxes from consumers who buy the company's products.

"If, for example, PGN quoted taxes from its consumers and then did not pay the state for the taxes, maybe PGN was wrong," he said.

Arya was also reluctant to say that this case was an act of misappropriation of financial obligations to the state.

"So this is not a matter of paying taxes, but about whether it is a tax object or not," he said.

For your information, in 2017 PGN directly filed an objection to the DGT regarding the VAT collection but was rejected. A year later, PGN took the initiative to bring this case to the Tax Court.

On its way, the Tax Court then granted the issuer's application coded PGAS shares on the Underpaid Tax Assessment Letter or SKPKB from the DGT.

With this legal stipulation, DGT then took steps by submitting a Review (PK) to the Supreme Court which made PGN lose at this level.