印度尼西亚税务法院裁决的内容分析:转让定价和避税的积极性

Hendy Prastyawan, Yudhi Herliansyah
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摘要

本研究旨在探讨实际税率、与避税地国家是否存在交易以及转让定价的积极性对避税的影响。本研究观察了印度尼西亚税务局所有领域的 115 家公共和私营公司,这些公司在 2017-2022 年期间因转让定价案件而产生的税务纠纷已由印度尼西亚税务法院做出裁决。本研究采用定量方法对横截面数据进行研究,然后使用 Eviews 12 应用程序进行多元回归分析。本研究的二手数据来自财务报告、法院判决和企业税务年报,这些数据已获得税务总局的批准,并使用了首字母缩写,以避免侵犯官方机密。研究结果表明,实际税率对避税有影响,但不显著。这表明,实际税率或公司(其中大部分是外资企业)的巨额税负并不能鼓励这些公司避税。另一方面,与避税地国家进行交易以及转让定价的积极性对企业避税有积极而显著的影响。这些结果表明,与避税天堂国家的关联公司存在交易,且公司的转让定价政策越激进,则表明公司存在强烈的避税动机。
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Content Analysis of Indonesian Tax Court Rulings: Aggresiveness of Transfer Pricing and Tax Avoidance
This research aims to examine the influence of effective tax rates, the existence of transactions with Tax Haven countries, and the aggressiveness of transfer pricing on tax avoidance. This research observed 115 public and private companies in all areas of the Indonesian Tax Authority whose tax disputes over transfer pricing cases had been decided by the Indonesian Tax Court for the 2017-2022 period. This research was carried out using a quantitative approach with cross section data which was then analyzed using multiple regression analysis using the Eviews 12 application. The secondary data for this research came from Financial Reports, Court Decisions and Tax Annual Corporate Reports which had received approval from the Directorate General of Taxes and used initials so as to avoid violations of official secrets. The results of this study indicate that the effective tax rate has an influence but is not significant on tax avoidance. This shows that the effective tax rate or large tax burden of companies, most of which are foreign owned, has not been able to encourage these companies to avoid tax. On the other hand, the existence of transactions with Tax Haven countries and the aggressiveness of transfer pricing have a positive and significant effect on corporate tax avoidance. These results indicate that there are transactions with affiliates in Tax Haven countries and the more aggressive the company is in its transfer pricing policy, it indicates that there is a strong motive to avoid tax.
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