KAJIAN HUKUM TERHADAP PENERAPAN FOREIGN ACCOUNT TAX COMPLIANCE ACT ( FATCA) PADA SEKTOR PERBANKAN DI INDONESIA

Abstract

In 2010 the United States government issued Foreign Tax Compliance Act a taxation provision called FATCAwhich is as abbreviated as fATCA. This Fatca arrangement was motivated by among others ,the occurrence ofthe financial crisis in the United States in 2008, one of which was the avoidance of large taxes by US citizenswho had foreign income. This regulation is expected to prevent tax evasion so as to increase US governmentrevenue. .FATCA requires overseas final institution to report to the United SA tax agency Internal Revenue Serviceany financial accounts held by use tax payers or use foreign agencies in which they have substantial owneThe purpose of this research is how Indonesian banking responds to FATCA. he application of FATCA , whichbasically requires bank to report account information of US taxpayers, which in in terms of Indonesian bankinglaw contradicts the provisions concerning bank secrecy as stipulated in law number 7 of 1992 concerningBanking as amended by law number 10 years 1998..Meanwhile on the other side the government has committed by US tax payers , either through bilateralagreements or multilateral. to preventing tax evasion. The commitment of the Indonesian government to effortsto avoid this tax has been ratified by Presidential Regulation of The Republic Indonesia Number 159 of 2014dated 17 October concerning the ratify of The Convention on Mutual Administrative in Tax matters cation of theKomitmen pemerintah Indonesia terhadap upaya penghindaran dan pengelakan pajak ini telah disahkandengan Peraturan Presiden Republik Indonesia Nomor 159 Tahun 2014 tanggal 17 Oktober tentangPengesahan Convention on Mutual Administrative in Tax Matters .To accommodate the implementation of the government’s commitment, the Minister of Finance RegulationNumber 125/PMK.010 dated 7 July 205 was issued concerning Information Exchange Procedures, which wasthe implementing regulation on the application of the application of the information exchange agreement,Key word : Taxpayers, FATCA,Banking.