Yang Aneh-aneh Dalam Undang-Undang Pajak Penghasilan (3)

Selamat berjumpa kembali, mohon maaf agak lama saya tidak melanjutkan tulisan saya mengenai “Yang Aneh-Aneh Dalam Undang-undang Pajak Penghasilan”, hal ini karena ada sesuatu kejadian yang yang tidak dapat saya hindari.

Dalam tulisan saya kali ini, saya akan membahas mengenai yang aneh-aneh yang bertalian dengan objek Pajak Penghasilan.

Dalam Undang-undang Nomor 36 Tahun 2008, objek Pajak Penghasilan antara lain diatur dalam Pasal 4. Apakah ada yang aneh? Menurut pendapat saya ya, khususnya kalau kita lihat ketentuan Pasal 4 ayat (2) Undang-undang Nomor 36 tahun 2008.

Mari kita lihat keanehannya.

Pasal 4 ayat (1) UU No. 36 Tahun 2008 dimulai dengan prase sebagai berikut:

       “(1) Yang menjadi objek pajak adalah penghasilan, yaitu……….”.

Pasal 4 ayat (2) UU No. 36 Tahun 2008 dimulai dengan prase sebagai berikut:

      “(2) Penghasilan di bawah ini dapat dikenai pajak bersifat final:……..”.

Pasal 4 ayat (3) UU No. 36 Tahun 2008 dimulai dengan prase sebagai berikut:

      ”3) Yang dikecualikan dari objek pajak adalah:…….  

Ketentuan Pasal 4 ayat (2) aneh bukan, karena pada saat undang-undang menjabarkan mengenai apa yang menjadi objek dan apa yang dikecualikan dari objek Pajak Penghasilan, Pasal 4 ayat (2) malah berbicara mengenai cara pengenaan pajak dari beberapa jenis penghasilan tertentu. Seharusnya apa yang diatur dalam Pasal 4 ayat (2) tersebut tidak menjadi bagian dari Pasal 4 tetapi menjadi bagian dari Pasal yang mengatur cara pengenaan Pajak Penghasilan. Atau dijadikan Pasal tersendiri. Bukankah Undang-undang Pajak Penghasilan juga mengatur cara pengenaan pajak untuk beberapa jenis penghasilan tertentu lainnya, misalnya seperti yang diatur dalam Pasal 21 yang mengatur mengenai cara pemajakan atas penghasilan sehubungan dengan pekerjaan, jasa, dan kegiatan yang diperoleh orang pribadi sebagai wajib pajak dalam negeri, Pasal 23 yang mengatur mengenai cara pemajakan pasive incme dan penghasilan sehubungan dengan jasa yang diperoleh wajib pajak badan dalam negeri, atau Pasal 26 yang mengatur mengenai cara pemajakan penghasilan-penghasilan yang diperoleh wajib pajak luar negri?

Selanjutnya,  Pasal 4 ayat  (2) huruf d UU No. 36 Tahun 2008 berbunyi sebagai berikut:

       “(2) Penghasilan di bawah ini dapat dikenai pajak bersifat final:

    d.   penghasilan dari transaksi pengalihan harta berupa tanah dan/atau bangunan, usaha jasa konstruksi, usaha real estate, dan persewaan tanah dan/atau bangunan; dan”,

juga aneh.

Apa yang aneh dari ketentuan Pasal 4 ayat (2) huruf d ini? Ternyata penghasilan dari usaha jasa konstruksi selain diatur dalam Pasal 4 ayat (2) huruf d UU No. 36 Tahun 2008 juga diatur dalam Pasal 23 ayat (1) huruf c angka 2 UU Nomor 36 Tahun 2008. Pasal 23 ayat (1) huruf c angka 2 UU Nomor 36 Tahun 2008 berbunyi sebagai berikut:

        “(1)   Atas penghasilan tersebut di bawah ini dengan nama dan dalam bentuk apa pun yang dibayarkan, disediakan untuk dibayarkan, atau telah jatuh tempo pembayarannya oleh badan pemerintah, subjek pajak badan dalam negeri, penyelenggara kegiatan, bentuk usaha tetap, atau perwakilan perusahaan luar negeri lainnya kepada Wajib Pajak dalam negeri atau bentuk usaha tetap, dipotong pajak oleh pihak yang wajib membayarkan:

        c.   sebesar 2% (dua persen) dari jumlah bruto atas:

    2.   imbalan sehubungan dengan jasa teknik, jasa manajemen, jasa   konstruksi, jasa konsultan, dan jasa lain selain jasa yang telah dipotong Pajak Penghasilan sebagaimana dimaksud dalam Pasal 21.”

Sungguh aneh bukan, suatu masalah perpajakan yang yang sama diatur dalam 2 Pasal yang berbeda yang mengatur hal yang berbeda pula..

Apakah anda tahu atau paham apa yang dimaksud dengan pajak final? Istilah pajak final ini aneh juga bukan? Sesuatu yang belum dijelaskan sebelumnya, tiba-tiba muncul dan dipakai sebagai aturan pengenaan pajak. Ketika saya menelusuri Penjelesan Pasal 4 ayat (2) Undang-undang Nomor 36 Tahun 2008, juga tidak ditemukan penjelasan mengenai apa yang dimaksud dengan pajak final.

About Jaja Zakaria

Nama saya Jaja Zakaria, saya tinggal di Depok, Jawa Barat, kurang lebih 40 km dari Jakarta Selatan. Saya alumni Fakultas Hukum Universitas Gadjah Mada, Yogayakarta, dan Opleidings Instituut Financien, Den Haag, Belanda di bidang Hukum Pajak Internasional. Saya pengarang beberapa buku, e-book, dan makalah-makalah perpajakan. Pengalaman saya antara lain pernah menjadi anggota delegasi Indonesia dalam perundingan Perpajakan dengan Denmark, Mesir, Kanada, Uni Emirat Arab, Kuwait, Turki, Brunei Darussalam, Pilipina, Vietnam, Mongolia, dan Taiwan; dalam Study Group on Asian Tax Administration and Research (SGATAR) meeting; dan dalam Joint Commission Indonesia - China. Saya juga anggota International Word Tax Expert.

Posted on October 2, 2013, in Forum, Topik Perpajakan and tagged , , , . Bookmark the permalink. 90 Comments.

  1. emang itu kerjaannya si bego mentri yang gundul.. udah bego males itung2an pula.. sikat langsung 1persen.. trus klo misal ada retur jual atau piutang gak kebayar,, gimana tuh critanya? apa boleh minta balik duitnya/restitusi???

  2. Kalau untuk pengenaan Pajak Penghasilan final atas penghasilan bruto tertentu, aturannya sudah dirancang sewaktu Menkeu masih dijabat sama AMW yang sekarang Gubernur BI itu. Yang dilihat hanya berapa omzet per bulan lalu dikalikan 1%. Apakah dari omzet itu nanti ada kerugian, atau ada piutang yang kemudian gak dibayar gak ngaruh. Saya termasuk orang yang tidak setuju dengan sistim pengenaan pajak final karena gak sesuai dengan rasa keadilan dan gak sesuai dengan prinsip-prinsip yang seharusnya dianut dalam pengenaan Pajak Penghasilan.

  3. PP 46 terlalu dipaksakan pak, yang penting Penerimaan negara masuk….

  4. Dear reader,
    yaitu itu dia, seharusnya pemerintah, cq Direktorat Jenderal Pajak mendorong masyarakat untuk secara pelan-pelan menjadi pembayar pajak yang baik, dan yang dengan kesadaran sendiri mau menghitung, membayar, dan melaporkan pajaknya dengan benar. Bukan dengan alasan kesederhanaan dan alasan-alasan lainnya yang dicari-cari dikit-dikit mengenakan pajak final. Lalu kerjanya Pemerintah di bidang perpajakan apa kalo gitu.

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