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Director Penalty Notice
I need a Director Penalty Notice document that outlines the legal obligations and potential penalties for directors who fail to ensure their company meets its tax obligations, including clear explanations of the consequences and steps for compliance to avoid personal liability.
What is a Director Penalty Notice?
A Director Penalty Notice is a formal warning issued by Indonesian tax authorities when a company fails to meet its tax obligations. It holds company directors personally responsible for unpaid taxes, including corporate income tax, VAT, and employee withholding taxes under Law No. 6 of 1983 on General Tax Provisions.
Once issued, directors have 21 days to act before becoming personally liable for the company's tax debt. This means tax authorities can pursue the director's personal assets to recover unpaid amounts. Directors can respond by either paying the debt, putting the company into administration, or proving they took reasonable steps to ensure tax compliance.
When should you use a Director Penalty Notice?
Tax authorities issue Director Penalty Notices when companies repeatedly miss tax payments or fail to lodge required returns on time. Common triggers include unpaid Pajak Penghasilan (Income Tax), late Value Added Tax (PPN) submissions, or overdue employee withholding taxes under Indonesian tax regulations.
The notice serves as a crucial final warning before authorities take legal action. It gives directors a clear timeline to either settle outstanding taxes, start a payment plan, or prove they actively tried to meet tax obligations. Acting quickly after receiving a notice helps avoid personal liability and prevents tax authorities from freezing company or personal bank accounts.
What are the different types of Director Penalty Notice?
- Initial Notice: Flags unpaid tax obligations and gives directors 21 days to respond, usually sent for first-time or minor defaults
- Lockdown Notice: Issued when directors fail to respond to initial notices, triggering immediate asset freezes and trading restrictions
- Personal Liability Notice: Shifts tax debt responsibility directly to directors' personal assets after repeated non-compliance
- Recovery Action Notice: Details specific enforcement actions planned by tax authorities, including asset seizure timelines
- Parallel Director Notice: Targets multiple directors simultaneously when shared responsibility for tax defaults exists
Who should typically use a Director Penalty Notice?
- Tax Authority Officers: Draft and issue Director Penalty Notices through Indonesia's Directorate General of Taxes when companies fail tax obligations
- Company Directors: Primary recipients who become personally liable for unpaid taxes and must respond within the notice period
- Tax Compliance Officers: Monitor company tax obligations and advise directors on preventing or responding to notices
- Corporate Legal Teams: Review notices and help develop response strategies to protect both company and director interests
- Financial Controllers: Manage tax payment schedules and documentation to prevent notice triggers
How do you write a Director Penalty Notice?
- Company Details: Gather full legal name, tax registration number, and registered address of the defaulting company
- Tax Assessment: Calculate exact outstanding tax amounts, including specific tax types and periods of default
- Director Information: Compile current and former directors' details, their tenure periods, and proof of their roles
- Compliance History: Document previous tax payment patterns, correspondence, and any prior warnings issued
- Notice Timeline: Set clear response deadlines and specify consequences aligned with Indonesian tax regulations
- Payment Options: Include approved payment methods and installment plan possibilities under current tax rules
What should be included in a Director Penalty Notice?
- Official Header: Tax authority letterhead, reference number, and date of issuance
- Director Details: Full legal name, position, and period of directorship
- Company Information: Legal entity name, tax ID number, and registered address
- Tax Liability: Detailed breakdown of outstanding amounts, tax types, and periods
- Legal Basis: Citation of relevant Indonesian tax laws and regulations
- Response Timeline: Clear 21-day deadline and available response options
- Consequences: Specific personal liability implications and enforcement actions
- Authority Signature: Tax officer's name, position, and official stamp
What's the difference between a Director Penalty Notice and a Notice of Default?
A Director Penalty Notice differs significantly from a Notice of Default in both purpose and legal consequences. While both serve as formal warnings, their scope and implications vary considerably in Indonesian law.
- Legal Authority: Director Penalty Notices can only be issued by tax authorities, while Notices of Default can be sent by any creditor or contracting party
- Personal Liability: Director Penalty Notices specifically create personal liability for company directors regarding tax obligations, whereas Notices of Default address general contractual breaches without personal liability
- Response Timeline: Director Penalty Notices mandate a strict 21-day response period under tax law, while Notices of Default typically allow negotiable cure periods
- Enforcement Mechanisms: Director Penalty Notices can trigger immediate tax authority collection actions against personal assets, but Notices of Default require separate legal proceedings to enforce
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