Quick answer
Under Indonesia's KUP Law, intentional evasion under Article 39 carries 6 months to 6 years in prison and a fine of 2 to 4 times the unpaid tax. Fake invoices (Article 39A) bring fines of 2 to 6 times. Paying the loss plus a 100%, 300% or 400% fine can stop the case.
Last reviewed: November 2026 · Reviewed by Stéphane Gombauld, tax expert, technologist and digital nomad
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Check my tax setup →You earn income in Indonesia, run a company there, or hold assets the tax office may not know about. You want to know where a costly mistake ends and a criminal case begins. After reading, you will know the offences, the 2026 interest and penalty rates, and the exact price of correcting at each stage.
Indonesia tax fraud rules in 2026: the key figures
| Item | 2026 rule | Legal basis |
|---|---|---|
| Intentional evasion (false or missing return, unremitted withholding) | Prison 6 months to 6 years, fine 2x to 4x the tax unpaid | Art. 39(1) KUP |
| Fictitious tax invoices and withholding slips | Fine 2x to 6x the tax shown in the documents, plus prison | Art. 39A KUP |
| Stopping a criminal case by payment | Loss plus a fine of 1x (negligence), 3x (intent) or 4x (fake invoices) | Art. 44B(2) KUP |
| Disclosure during a preliminary evidence examination | Tax underpaid plus a 100% fine | Art. 8(3)–(3a) KUP |
| Late annual return | IDR 100,000 individual; IDR 1,000,000 company | Art. 7(1) KUP |
| Monthly interest, October 2026 | 0.59% to 2.26% per month depending on the situation; max 24 months for amended returns and assessments | Arts. 8, 9, 13 and 19 KUP; KMK 47/MK/EF.2/2026 |
| Assessment window | 5 years | Art. 13(1) KUP |
What changed for 2026
- New monthly interest decrees. The Ministry of Finance still publishes interest rates monthly. For October 2026, KMK 47/MK/EF.2/2026 sets 1.01% for late payment and 1.84% for audit assessments.
- Penalty relief procedure amended. PMK 71/2026, dated 29 September 2026, amends PMK 118/2024 on corrections, objections and the reduction or cancellation of administrative sanctions.
- Bribes are now expressly non-deductible. Government Regulation 20/2026, in force since 22 April 2026, adds that bribes and payments to foreign public officials are not deductible costs.
- Detection runs on Coretax. The DJP's new core administration system has been live since 1 January 2025, so 2026 is its second full year of data matching.
Is this guide for you?
Read on if you…
- run a PT, a PT PMA or a sole business in Indonesia and want to know what triggers a criminal file;
- have undeclared Indonesian or foreign income and want to know the cheapest legal way to correct it;
- received a letter from the Directorate General of Taxes (DJP) and need to know which stage you are in.
Probably not your case if you…
- only need filing dates and brackets (see personal income taxes in Indonesia);
- face a customs or excise case, which falls under separate laws.
What counts as tax fraud under Indonesian law?
The governing statute is Law 6/1983 on General Provisions and Tax Procedures (Undang-Undang KUP). It was amended by Law 28/2007, by the Harmonisation of Tax Regulations Law (Law 7/2021, "HPP") and last by Law 6/2023 (Job Creation). It separates three levels of wrongdoing.
Negligence (kealpaan, Article 38). You fail to file, or file an incorrect return, through carelessness, and the state loses revenue. It is the mildest criminal tier. You can close it by paying the loss plus a fine of 1x that loss.
Intent (kesengajaan, Article 39). The list is specific. It covers not registering, not filing, filing a false or incomplete return, refusing an audit, keeping false books, and keeping tax you withheld from others. DJP case releases quote the sanction: prison of six months to six years and a fine of two to four times the unpaid tax.
Fictitious documents (Article 39A). You issue or use tax invoices (faktur pajak), withholding slips or payment slips that do not reflect a real transaction. The fine is two to six times the tax shown in those documents, on top of prison. Fake VAT invoice rings are the most frequent organised scheme in DJP enforcement news.
Here's the catch. A tax crime can also feed a money-laundering charge. In one 2022 case the DJP added Articles 3 and 4 of Law 8/2010 on money laundering. Those carry up to 20 years in prison.
What are the administrative penalties for ordinary mistakes?
Most files never reach a prosecutor. The DJP uses administrative sanctions first, all set in the KUP Law.
Fixed fines for late returns
Article 7(1) KUP sets the fines per late return:
- IDR 100,000 for an individual annual income tax return;
- IDR 1,000,000 for a company annual income tax return;
- IDR 500,000 for a monthly VAT return;
- IDR 100,000 for other monthly returns.
Interest that depends on how the shortfall surfaced
Interest is charged per month, and part of a month counts as a full month. On amended returns and assessments it stops after 24 months (Arts. 8(2) and 13(2)). On plain late payment it runs until the day you pay (Art. 9(2a)). The rate is the reference rate plus an uplift that grows with how late you act. The Ministry of Finance publishes the result monthly. October 2026 figures:
| Situation | Article | Monthly rate (Oct 2026) |
|---|---|---|
| Instalment or postponement of payment | Art. 19 | 0.59% |
| Late payment, or your own amended return | Art. 8(2), 9(2a), 14(3) | 1.01% |
| Disclosure after an audit has started | Art. 8(5) | 1.42% |
| Underpayment assessment after audit | Art. 13(2) | 1.84% |
| Assessment where you did not file or cooperate | Art. 13(3b) | 2.26% |
The 75% increase
When the DJP assesses VAT or luxury goods tax that you underpaid, or income tax you withheld but never remitted, Article 13(3) adds a 75% increase instead of interest. For VAT cases only the single highest sanction applies.
How can you correct a mistake before it becomes a criminal case?
Indonesia runs a ladder. Where you stand on it decides the bill.
- Amend before any audit (Art. 8(1)–(2)). File a corrected return and pay the tax plus interest at the late-payment rate. No fine.
- Disclose during an audit (Art. 8(4)–(5)). The HPP Law lets you disclose even after the audit begins, until the DJP issues its notice of audit findings. You pay the tax plus interest at the higher Article 8(5) rate.
- Disclose during a preliminary evidence examination (Art. 8(3)–(3a)). The pemeriksaan bukti permulaan is the check that precedes a criminal investigation. You can still disclose until the investigation notice reaches the prosecutor. You pay the tax plus a 100% fine.
- Settle during investigation or trial (Art. 44B). The case can be stopped if you pay the revenue loss plus a fine. The DJP explains the multiples: 100% for negligence, 300% for intent, 400% for fictitious invoices. Since the HPP Law this works up to the trial stage. Payment then counts toward prosecution without a prison sentence.
In practice, prison is mostly for people who will not or cannot pay. The system is built to collect.
How does the DJP detect non-compliance in 2026?
- Coretax data matching. Withholding slips, VAT invoices and third-party reports are matched against your return. A mismatch usually triggers a request for clarification (SP2DK) before any audit.
- Bank data access. Law 9/2017 gives the DJP access to financial account information for tax purposes. PMK 108/2025 now provides the technical rules.
- Automatic exchange. The same framework supports the automatic exchange of financial account information with foreign tax authorities. Undeclared foreign accounts are no longer invisible.
- Refund claims and losses. A corporate refund request normally triggers a full audit of all taxes. So can a claimed loss or a change in bookkeeping method.
The typical path: data mismatch, clarification letter, audit, preliminary evidence examination, investigation, prosecution. You can settle at every step before the verdict.
How far back can the DJP go?
The DJP can issue an underpayment assessment within five years of the tax becoming due (Article 13(1)). Interest on any assessment stops after 24 months, however late the case. Criminal prosecution runs on its own limitation rule in the KUP Law, not on the assessment window. So a five-year-old fraud is not automatically closed.
Leaving the country does not close the file. Before you go, read our practical guide to ceasing your tax residency in Indonesia.
Example – Dewi, 41, Jakarta consultant with an undeclared foreign account
Dewi under-reported fees, leaving IDR 600 million of income tax unpaid. In November 2026 a data match prompts her to act, about 20 months after the due date. Using October 2026 rates: amending before any audit costs IDR 600 million + 20 × 1.01% = IDR 721.2 million. Disclosing during the audit: 20 × 1.42%, so IDR 770.4 million. During a preliminary evidence examination: tax plus 100%, IDR 1.2 billion. Settling an Article 39 investigation: tax plus 300%, IDR 2.4 billion. Same facts, bills from IDR 721.2 million to IDR 2.4 billion.
Dewi's timing moved her bill from IDR 721 million to IDR 2.4 billion. Where are you on the ladder?
Tell us what was missed and which letters you have received, and get the cheapest legal route to correct it.
Check my tax setup →Common mistakes (and what they cost)
- Ignoring a clarification letter. The file moves to audit, and interest on any correction rises from 1.01% to 1.42% a month.
- Keeping tax withheld from staff or suppliers. It is listed under Article 39 as intentional, with 6 months to 6 years in prison, and a 75% increase at the administrative stage.
- Buying VAT invoices to inflate input credit. Article 39A fines run up to 6x the tax shown, and stopping the case costs the tax plus 400%.
- Waiting for the investigation to "negotiate". Settlement after the investigation starts costs 3x the loss as a fine, versus 1x during the preliminary check.
- Assuming a foreign account stays hidden. The DJP has statutory access to financial account data, and the five-year window keeps old years open.
Frequently asked questions
What is the penalty for tax evasion in Indonesia?
Intentional evasion under Article 39 of the KUP Law carries six months to six years in prison and a fine of two to four times the unpaid tax. Using or issuing fictitious tax invoices under Article 39A brings a fine of two to six times the tax shown. Money-laundering charges can be added, with up to 20 years in prison.
Can I avoid prosecution by paying the tax in Indonesia?
Yes, at every stage before the verdict. During a preliminary evidence examination, you disclose and pay the tax plus 100%. Once an investigation starts, Article 44B lets the case stop if you pay the loss plus a fine of 1x for negligence, 3x for intent or 4x for fictitious invoices. Since 2021 this also works at trial.
How far back can the Indonesian tax office audit me?
The DJP can issue an underpayment assessment within five years after the tax became due. Interest on an assessment is capped at 24 months. Criminal investigations follow their own rules, so deliberate concealment does not become safe after five years. Keep your books and supporting documents for at least the full assessment window.
Is late filing a crime in Indonesia?
Not by itself. A late individual annual return costs IDR 100,000 and a late company return IDR 1,000,000, plus interest on tax paid late. Not filing becomes a crime only when it is negligent or intentional and causes a loss to state revenue. The DJP normally sends warnings and assessments first.
What is a preliminary evidence examination (bukti permulaan)?
It is the DJP's check for evidence that a tax crime has occurred, governed by PMK-177/PMK.03/2022. It sits between an audit and a criminal investigation. During this stage you can still disclose voluntarily and pay the tax plus a 100% fine, which keeps the matter administrative.
Does the DJP see my foreign bank accounts?
Very likely. Law 9/2017 gives the DJP access to financial account information for tax purposes, and the framework supports automatic exchange with foreign tax authorities. Indonesian residents are taxed on worldwide income, so an undeclared foreign account can produce a clarification letter and, later, an assessment with interest.
Related guides
- Tax landscape overview of Indonesia – the whole system on one page.
- Personal income taxes in Indonesia – brackets, filing and withholding.
- Corporate income tax system in Indonesia – company returns and audits.
- Business expenses in Indonesia – deductions that survive an audit.
- Tax residency in Indonesia – when worldwide income becomes taxable.
- Tax fraud regulations of Sri Lanka – a regional comparison.
- Tax fraud regulations of Hong Kong – how a territorial system punishes evasion.
- All country tax guides
Sources
- Law 7/2021 on Harmonisation of Tax Regulations – Ministry of Finance (JDIH)
- Law 28/2007 amending the KUP Law – Ministry of Finance (JDIH)
- KMK 47/MK/EF.2/2026 on interest rates for administrative sanctions – Directorate General of Taxes
- Criminal tax law enforcement – Directorate General of Taxes
- Calculating revenue loss in tax crime cases – Directorate General of Taxes
- Tax evasion and money-laundering suspect handed to prosecutor – Directorate General of Taxes
- Law 9/2017 on access to financial information for tax purposes – Ministry of Finance (JDIH)
- Indonesia corporate tax administration – PwC Worldwide Tax Summaries (secondary)
This guide is general information, not personalised tax advice. See how we research and review.
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