Fact :
We have tried to discussed with Tax Revenue Department (TRD) to avoid these problem, TRD asked us to go to Star Reacher and split the Tax Invoice. We went to Star Reacher and they refuse to change and split the Tax Invoice, they said they were not allowed to do that by their TRD in Bangkok. So, we went to TRD Bangkok and explain what happen, and still they refuse to change the invoice.
So the result of this will be only 2 options : 1. Go to court or 2. To accept the discounted value given by TRD.
In term of rules, we found that TRD refer to a “letter” of some previous case. This letter was not a legal binding in Indonesia, but in Thailand the letter from court becomes a rule (due to civil law they adopt here in Thailand, not a common law like most of the other countries).
The main difference between the two systems is that in common law countries, case law — in the form of published judicial opinions — is of primary importance, whereas in civil law systems, codified statutes predominate. But these divisions are not as clear-cut as they might seem. In fact, many countries use a mix of features from common and civil law systems. Understanding the differences between these systems first requires an understanding of their historical underpinnings.
As we choose the 2nd option (accept the discount offer from TRD), we will start to do the payment. We will book the Account Payable for these penalties on December 2016 and we will pay before the dateline before 15th Jan.
Action-Plan :
To avoid lot of mistake in the tax area, first we move Tax responsibility from Finance to Accounting due to the nature and scope. We are also starting to build a good team of Tax, with training and access/update to the tax rules. Every taxable transaction will be monitored and carefully treated, including checking detail of every VAT IN invoice before book and before payment. Reconciliation of both VAT and Withholding tax will be maintain monthly.