Tax Court Hearing Procedures, Deadline for Submission of Tax Appeal, Tax Lawsuit, Judicial Review letter and Other Tax Court Services during the Covid-19 Pandemic

The chief judge of the Tax Court has issued several circular letters, i.e. SE-01/PP/2020 up to SE-11/PP/2020 regarding the Tax Court hearing procedures, deadline for submission of tax appeal, tax lawsuit, judicial review and other tax court services during the Covid-19 pandemic.
The main points of the Circulars are summarized as follows:

  1. The period for preventing spread of COVID-19 in the Tax Court is from 17 March 2020 to 7 June 2020 (83 days). During this period, the Tax Court has temporarily stopped its services of hearing sessions and receiving letters, including Appeal Letter, Lawsuit, Judicial Review, unless the letters are submitted though mail/post.
  2. The deadlines for submission of Tax Appeal, Tax Lawsuit, Judicial Review letter and other letters were extended.
  3. The tax Court set out new procedures for hearing sessions during the Covid-19 Pandemic.

The summary of the hearing procedures, deadlines for submission of the letters, and other matters as stipulated in the above circular letters is as follows:

ACTIVITIES NORMAL DURING THE COVID-19 PANDEMIC
Tax Court Hearing (Trials)
  1. The decision on the appeal examination hearing shall be taken within 12 (twelve) months since the date the Appeal Letter is received, extendable for another 3 months (maximum 15 months)
  2. The decision on the lawsuit examination hearing shall be taken within 6 (six) months since the date the lawsuit letter is received, extendable for another 3 months (maximum 9 months).
  3. There is no limitation for the hearing attendees.
  1. The hearing sessions are temporarily stopped during the prevention period (17 March – 7 June 2020) or 83 days.
  2. This period shall not be taken into account in computing the timeline for the examination hearing. This means that the maximum period for appeal and lawsuit examination hearings can be extended for up to 83 days
  3. During the Covid-19 pandemic, attendance at the hearings is limited. Maximum attendance from the Appellant is 2 persons.  
Extension Period for submission of Appeal Letter that was originally due on 17 March – 7 June 2020

 

  1. Deadline for submission of tax appeal letter is 3 (three) months from the date of the Decision being appealed, at the latest.
  2. Deadline for submission of customs appeal letter is 60 days from the date of the Decision being appealed at the latest.
The Covid-19 prevention period, i.e. 17 March – 7 June 2020, shall not be taken into account in computing the deadline for submitting the tax and/or customs appeal. This means that the deadline for submission of tax and customs appeal letters is extended for another 83 days.
Extension Period for submission of Lawsuit Letter that was originally due on 17 March – 7 June 2020

 

Deadline for submission of tax lawsuit letter is 30 days from the date of the Decision being objected, at the latest In the event that the deadline for submission of lawsuit is 17 March – 7 June,  the deadline is extended for up to a maximum of 14 days after the end of the prevention period (i.e. by 21 June 2020 at the latest).
Extension Period for submission of Judicial Review Letter that was originally due on 17 March – 7 June 2020

 

Deadline for submission of reconsideration (Judicial review) is 3 (three) months from the delivery date of the Decision being disputed. During the Covid-19 prevention period, receiving of Judicial Review letters is temporarily stopped.  The prevention period shall not be taken into account in computing the deadline for submission of the Judicial Review request.
Delivery of Tax Court Verdict & Judicial Review Verdict

 

The Tax Court Verdict shall be sent to the parties within 30 (thirty) days from the decision announcement date (hearing for reading decision).  During the Covid-19 prevention period, sending of Tax Court verdicts is temporarily stopped.  The prevention period shall not be taken into account in computing the deadline for sending the verdicts.
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