HASiL – Operational Guideline 2/2023 on Special Voluntary Disclosure Programme 2.0 (Amended) dated 22 August 2023 replaces the Guideline on SVDP 2.0 dated 2 June 2023.
The key difference between Guideline 2/2023 on Special Voluntary Disclosure Programme 2.0 (Amended) dated 22 August 2023 and the previous Guideline on SVDP 2.0 dated 2 June 2023 is related to the circumstances under which audit or investigation actions can be taken in the future for the year of assessment in which voluntary disclosure is made. Here’s a comparison of the two guidelines:
Guideline 2/2023 on Special Voluntary Disclosure Programme 2.0 (Amended) dated 22 August 2023
5.10. Audit/investigation action will not be carried out in the future for the year of assessment in which the voluntary disclosure is made. However, audit/investigation action can be taken for the year of assessment involved in the following circumstances:
- If voluntary disclosure is made on non-transfer pricing issues only and it is found that there is a risk on transfer pricing issues, audit/investigation action can be taken on the transfer pricing issues, and if voluntary disclosure is made on transfer pricing issues only, audit and investigation can be taken on issues other than transfer pricing.
- Tax payment on the voluntary disclosure has been failed to be made within the stipulated time period.
Guideline on SVDP 2.0 dated 2 June 2023
5.10. Audit/investigation action will not be carried out in the future for the year of assessment in which the voluntary disclosure is made. However, audit/investigation action can be taken for the year of assessment involved if the tax payment on the voluntary disclosure has been failed to be made within the stipulated time period.
The key difference is that the amended guideline (Guideline 2/2023) introduces an additional circumstance under which audit or investigation actions can be taken.
In the previous guideline, audit or investigation actions could only be taken if the tax payment on the voluntary disclosure was not made within the stipulated time period.
However, the amended guideline allows for audit or investigation actions in two specific cases:
- When a voluntary disclosure is made on non-transfer pricing issues only, it is found that there is a risk on transfer pricing issues. Audit or investigation action can be taken on the transfer pricing issues in this case.
- When a voluntary disclosure is made on transfer pricing issues only, audit and investigation can be taken on issues other than transfer pricing.
Scenario
Here’s an illustration of the difference:
Company X makes a voluntary disclosure for the year of assessment 2021 on non-transfer pricing issues on 1 August 2023.
Under the previous guideline (2 June 2023): Audit or investigation action could only be taken if the tax payment on the voluntary disclosure was not made within the stipulated time period.
Under the amended guideline (22 August 2023): Audit or investigation action can be taken if it is found that there is a risk in transfer pricing issues, even though the voluntary disclosure was made on non-transfer pricing issues. So, in this case, if there is a transfer pricing risk, an audit or investigation can be initiated on transfer pricing issues.
This change allows tax authorities to be more proactive in addressing potential issues, even if the voluntary disclosure was not specifically related to those issues, as long as they are in the same year of assessment.
References:-
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