Thaksin's Taxes: Democrat Files Nonfeasance Charges Against Finance Minister, Deputy

[webfact]

THAKSIN'S TAXES

Democrat files nonfeasance charges against finance minister, deputy

The Nation

BANGKOK: -- A Democrat Party MP has filed a complaint with the National Anti-Corruption Commission against the finance minister, his deputy and the revenue director-general for failing to collect Bt12 billion worth of taxes from Thaksin Shinawatra and his ex-wife.

Sansern Samalapha, the so-called shadow finance minister of the Democrat Party, said Wednesday that he had filed the complaint against Finance Minister Kittirat Na-Ranong, Deputy Finance Minister Thanusak Lek-uthai and Revenue Department Director-General Sathit Rangkhasiri on Tuesday.

Sansern alleged that the three failed to have revenue officials collect Bt12 billion in taxes from former prime minister Thaksin and Khunying Pojaman Damapong's sale of shares of Shin Corp to their son and daughter, Pantongtae and Pintongta Shinawatra five years ago.

Sansern said the Supreme Court's Criminal Division for Holders of Political Office ruled that Ample Rich held the shares for Thaksin and sold the shares to Pantongtae and Pintongta. Sansern said the share sale was done outside the stock market so Thaksin was liable to pay income tax.

Sansern said after the Pheu Thai became the coalition leader the Revenue Department cancelled its plan to collect the Bt12 billion from Thaksin.

Sansern said the department has made the latest decision not to collect the taxes on the grounds that the sale was done in the stock market, when in fact although the sale of stock happened outside, when Ample Rich sold the shares to Thaksin's children.

Sansern said he hoped that there would be another channel to collect the Bt12 billion taxes from Thaksin and Pojaman because the two might not have filed their tax forms in 2007 thus the department would have five more years to demand them to pay the relevant taxes.

-- The Nation 2012-04-04

[Skywalker69]

Will never happen, they cant take money from their master, if its not under the table, that is.

[bigbamboo]

Will never happen, they cant take money from their master, if its not under the table, that is.

It would be a brave man who asked the man who funds PT to pay! One minute he's in a nice job in BKK and the next he's transferred to Yala.

[waza]

Whats the penalty for nonfeasance?

[Skywalker69]

Whats the penalty for nonfeasance?

A big bag of money?

[CalgaryII]

"Sansern Samalapha, the so-called shadow finance minister of the Democrat Party, said Wednesday that he had filed the complaint against Finance Minister Kittirat Na-Ranong, Deputy Finance Minister Thanusak Lek-uthai and Revenue Department Director-General Sathit Rangkhasiri on Tuesday"

Here we go again. The Opposition running to the judges. In this case the National Anti-Corruption Commission, instead of using normal Parliamentary procedures. Is it any wonder the PTP is seeking to alter the following elements of the coup-based constitution:

Und

er the constitution, procedures to create independent organizations and select their members lack public participation and go against the principle of democracy.

Independent organizations and the judiciary are allowed to operate without a system of checks and balances, which adversely affects the justice system and results in double standards.

Under normal circumstances, an Opposition would seek to 'tar and feather' a ruling Party in Parliamentary Question Period. And if the public agreed, they would conduct themselves accordingly next election. But they know the Public, other than their own electoral minority, does not share their anti-Thaksin agenda and are in effect put-off by it, so their MO is perhaps understandable.

Edited April 4, 2012 by CalgaryII

[waza]

"Sansern Samalapha, the so-called shadow finance minister of the Democrat Party, said Wednesday that he had filed the complaint against Finance Minister Kittirat Na-Ranong, Deputy Finance Minister Thanusak Lek-uthai and Revenue Department Director-General Sathit Rangkhasiri on Tuesday"

Here we go again. The Opposition running to the judges. In this case the National Anti-Corruption Commission, instead of using normal Parliamentary procedures. Is it any wonder the PTP is seeking to alter the following elements of the coup-based constitution:

Und

er the constitution, procedures to create independent organizations and select their members lack public participation and go against the principle of democracy.

Independent organizations and the judiciary are allowed to operate without a system of checks and balances, which adversely affects the justice system and results in double standards.

Under normal circumstances, an Opposition would seek to 'tar and feather' a ruling Party in Parliamentary Question Period. And if the public agreed, they would conduct themselves accordingly next election. But they know the Public does not share their anti-Thaksin agenda and are in effect put-off by it, so it is perhaps understandable.

How dare the Democrats follow the rule of law, they should employ a mob of thugs to terrorise the center of Bangkok and burn it down, like more popular political parties. Or question the PM in Parliamentary Question Period if she ever attands parliment again.

[DixiePig]

I wish that the politicans were as obsessed with improving the air quality in Northern Thailand as they seem to be with expat Thaksin Shiniwatra.

[pedro01]

Will never happen, they cant take money from their master, if its not under the table, that is.

That's not the goal. Keeping him in the news in a negative light is the goal.

[Skywalker69]

Will never happen, they cant take money from their master, if its not under the table, that is.

That's not the goal. Keeping him in the news in a negative light is the goal.

pedro01, pls. clarify.

[whybother]

"Sansern Samalapha, the so-called shadow finance minister of the Democrat Party, said Wednesday that he had filed the complaint against Finance Minister Kittirat Na-Ranong, Deputy Finance Minister Thanusak Lek-uthai and Revenue Department Director-General Sathit Rangkhasiri on Tuesday"

Here we go again. The Opposition running to the judges. In this case the National Anti-Corruption Commission, instead of using normal Parliamentary procedures. Is it any wonder the PTP is seeking to alter the following elements of the coup-based constitution:

Und

er the constitution, procedures to create independent organizations and select their members lack public participation and go against the principle of democracy.

Independent organizations and the judiciary are allowed to operate without a system of checks and balances, which adversely affects the justice system and results in double standards.

Under normal circumstances, an Opposition would seek to 'tar and feather' a ruling Party in Parliamentary Question Period. And if the public agreed, they would conduct themselves accordingly next election. But they know the Public, other than their own electoral minority, does not share their anti-Thaksin agenda and are in effect put-off by it, so their MO is perhaps understandable.

Yes, forget about the law. Let's judge people by popularity.

[phiphidon]

"Sansern Samalapha, the so-called shadow finance minister of the Democrat Party, said Wednesday that he had filed the complaint against Finance Minister Kittirat Na-Ranong, Deputy Finance Minister Thanusak Lek-uthai and Revenue Department Director-General Sathit Rangkhasiri on Tuesday"

Here we go again. The Opposition running to the judges. In this case the National Anti-Corruption Commission, instead of using normal Parliamentary procedures. Is it any wonder the PTP is seeking to alter the following elements of the coup-based constitution:

Und

er the constitution, procedures to create independent organizations and select their members lack public participation and go against the principle of democracy.

Independent organizations and the judiciary are allowed to operate without a system of checks and balances, which adversely affects the justice system and results in double standards.

Under normal circumstances, an Opposition would seek to 'tar and feather' a ruling Party in Parliamentary Question Period. And if the public agreed, they would conduct themselves accordingly next election. But they know the Public, other than their own electoral minority, does not share their anti-Thaksin agenda and are in effect put-off by it, so their MO is perhaps understandable.

Yes, forget about the law. Let's judge people by popularity.

So just how much effort did Finance Minister Korn put in to do the same thing - precious little it seems as nothing happened during the democrat partys reign. Did anybody from the PTP file a complaint against Korn. No, were they likely to, again ,No but Korn still had the same task to perform - if they were that concerned about it why didn't the democrats do something then?

Edited April 4, 2012 by phiphidon

[otherstuff1957]

^Actually, the courts decided that the Shinawat children were NOT proxies just after their aunt was elected and ordered that the taxes that had been collected from them be returned. So, now that Thaksin is legally the beneficiary of the sale, HE is now the one who owe the taxes. He didn't owe the taxes when Korn was Finance Minister, it had already been collected from the Shin kids.

[metisdead]

A post suggesting another member is being paid to post has been removed. If you have proof, forward to support at thaivisa.com.

[phiphidon]

^Actually, the courts decided that the Shinawat children were NOT proxies just after their aunt was elected and ordered that the taxes that had been collected from them be returned. So, now that Thaksin is legally the beneficiary of the sale, HE is now the one who owe the taxes. He didn't owe the taxes when Korn was Finance Minister, it had already been collected from the Shin kids.

I'm afraid he did owe the tax when Korn was Finance Minister.

the Central Tax Court’s ruling on 29 December 2010 clearly stipulated that the true owners of the shares were not Mr Panthongtae and Ms Pinthongta but were instead their parents, Mr Thaksin and Khunying Potjaman Na Pombejra.

http://www.thaivisa....llion-in-taxes/

So Korn knew where the tax liability laid from that date and should have instructed the revenue department to pursue the tax from Thaksin and his ex wife. The Revenue department didn't make a decision to not take tax from Thaksins children until the 8th August 2011 but thats got nothing to do with Korns inaction up until that point (well actually up until when they were kicked out of government not re elected). As far as I'm aware the Finance Minister is in charge of the revenue service?

Incidentally just how much of Thaksins money does Thailand still have? Enough to cover the tax debt I suspect - Why didn't Korn tell the Revenue Department to take it from there if he's so sure it's owed?

Edited April 4, 2012 by phiphidon

[birdpooguava]

Is 46 billion in fines not enough for one man? Ridiculous! The vilification continues, to the detriment of the dumb Dems

[waza]

Is 46 billion in fines not enough for one man? Ridiculous! The vilification continues, to the detriment of the dumb Dems

Thats pretty amazing when you consider that, "Thaksin and his wife had declared assets totaling 15.1 billion baht when he took office in 2001".

[WackySomchai]

The Dems are fighting a lost case. All the judges have already received new pastry boxes from Dubai.

[tlansford]

^Actually, the courts decided that the Shinawat children were NOT proxies just after their aunt was elected and ordered that the taxes that had been collected from them be returned. So, now that Thaksin is legally the beneficiary of the sale, HE is now the one who owe the taxes. He didn't owe the taxes when Korn was Finance Minister, it had already been collected from the Shin kids.

I'm afraid he did owe the tax when Korn was Finance Minister.

the Central Tax Court’s ruling on 29 December 2010 clearly stipulated that the true owners of the shares were not Mr Panthongtae and Ms Pinthongta but were instead their parents, Mr Thaksin and Khunying Potjaman Na Pombejra.

http://www.thaivisa....llion-in-taxes/

So Korn knew where the tax liability laid from that date and should have instructed the revenue department to pursue the tax from Thaksin and his ex wife. The Revenue department didn't make a decision to not take tax from Thaksins children until the 8th August 2011 but thats got nothing to do with Korns inaction up until that point (well actually up until when they were kicked out of government not re elected). As far as I'm aware the Finance Minister is in charge of the revenue service?

Incidentally just how much of Thaksins money does Thailand still have? Enough to cover the tax debt I suspect - Why didn't Korn tell the Revenue Department to take it from there if he's so sure it's owed?

decision on August 8 2011 = also before the PTP government took control...

Just for the record.

Edited April 4, 2012 by tlansford

[geriatrickid]

How dare the Democrats follow the rule of law, they should employ a mob of thugs to terrorise the center of Bangkok and burn it down, like more popular political parties. Or question the PM in Parliamentary Question Period if she ever attands parliment again.

Actually, they are not. The procedure is to first go to the department responsible and seek redress there. This is a politically motivated attempt to create more negativity. The charges will be dismissed as they are groundless. The correct procedure would also be to raise this in the House. The Democrats are very good at trying to impeach ministers, unfortunately their success rate has not been so good with a 100% failure rate. Perhaps the Democrats are afraid to raise this issue in the appropriate forum, the House, as they do seem to be afraid of anything connected to the electorate.

[koosdeboer]

I really don't get it. Why are there so many posters defending the shinawatras and Phua thai. It's like they are sitting behind their computer waiting for the next story. These people have the money and the resources to defend themselves. The only thing I see these people writing is Phua Thai, Thaksin, Ying luck good. Democrats bad. There are good and bad things on both sides. I'm getting bored. I can see these TV writers are educated people, why don't they spend their time helping and defending the people in need? I don't sleep a night less if thaksin has to pay some million in tax, or Suthep if you want to hear that.

[givenall]

Will never happen, they cant take money from their master, if its not under the table, that is.

So the Supreme Court is a joke

[Thai at Heart]

So a government department rules someone doesn't own something, but a court rules that they do?

I hear there is an amazing contraption launched in Thailand by a company called AIS, namely a mobile phone. It allows people to talk to each other through the air. Quite amazing, I wonder which fellow brought that to the country, he must be a billionaire by now, because everyone seems to have one.

[DP25]

I wish that the politicans were as obsessed with improving the air quality in Northern Thailand as they seem to be with expat Thaksin Shiniwatra.

The government lacks fund because Thaksin and people like him refuse to pay their taxes. They do everything they can to avoid paying. The billions of baht this criminal owes, money he has stolen from the Thai people, could be used for all sorts of useful programs, including programs to promote air quality.

[Siripon]

On Friday,January 20 2006 Thaksin's 3 children bought 329. 2 million shares in Shin Corp from Ample Rich at a value of 1 baht a share.

On the following Monday,January 23, they sold the 329.2 million shares to Temasek on the stock exchange for a value of 49.25 baht per share!!

Making a nice profit of 15.88 billion baht tax free because the transaction occurred on the stock exchange and thus is tax free.

Except when the shares are traded below market price, whether on the stock exchange or not , then the difference is taxable.

Now why are the authorities not taking action?

[bigbamboo]

On Friday,January 20 2006 Thaksin's 3 children bought 329. 2 million shares in Shin Corp from Ample Rich at a value of 1 baht a share.

On the following Monday,January 23, they sold the 329.2 million shares to Temasek on the stock exchange for a value of 49.25 baht per share!!

Making a nice profit of 15.88 billion baht tax free because the transaction occurred on the stock exchange and thus is tax free.

Except when the shares are traded below market price, whether on the stock exchange or not , then the difference is taxable.

Now why are the authorities not taking action?

You could ask Ms Shinawatra why no action will be taken against Mr Shinawatra. She is always willing to answer any question.

[geriatrickid]

I really don't get it. Why are there so many posters defending the shinawatras and Phua thai. It's like they are sitting behind their computer waiting for the next story. These people have the money and the resources to defend themselves. The only thing I see these people writing is Phua Thai, Thaksin, Ying luck good. Democrats bad. There are good and bad things on both sides. I'm getting bored. I can see these TV writers are educated people, why don't they spend their time helping and defending the people in need? I don't sleep a night less if thaksin has to pay some million in tax, or Suthep if you want to hear that.

Not defending the Shinawatras or PTP. I have zero tolerance for those that don't pay their taxes.

This has nothing to do with the PTP. The party itself is not accused of non payment of tax.

Perhaps the former PM or his ex wife owe taxes. it is up to the revenue department and the court(s) to decide. A decision was rendered. Action can be brought to contest the decision. If there is an assumption of political wrongdoing, have the courtesy and respect for the Thai electorate to raise it in the House. The issue in this case arises from political groups circumventing the existing procedures and attempting to create a political issue. The problem the Democrats have is that they hung their hat on a case where they assumed they would get the verdict they wanted. They lost and now they try a circuitous route to pursue a political vendetta.

Do you honestly think the Democrats are bringing this case because of they want to see people pay taxes due? I don't think so. If it was, they would stand up and deal with the sordid corrupt mess that Phuket is. Phuket is a democrat stronghold. It is also a major source of party funds. And yet, the democrats have never ever dealt with the corruption and tax avoidance that distinguishes Phuket. When the Democrats were in power, they never ever once made an effort to deal with the problems of Patong. Patong isn't low hanging fruit, its so bad, the rot and stench cannot be avoided. The very same people crying foul in this case considered Patong to be a garden of fragrant flowers. That is why I voice an opinion. if the Democrats and Abhisit could just one time be open and honest and to practice what they preach, I would be quiet.

[geriatrickid]

You could ask Ms Shinawatra why no action will be taken against Mr Shinawatra. She is always willing to answer any question.

Why should she be expected to answer. The case does not concern her. The alleged tax liabilities do not attach to her. She is precluded from answering questions anyway, as it could be construed to be a conflict of interest.

[Skywalker69]

Will never happen, they cant take money from their master, if its not under the table, that is.

So the Supreme Court is a joke

Time will tell.

[Artisi]

The Dems are fighting a lost case. All the judges have already received new pastry boxes from Dubai.

Guess you can back-up this statement with some facts.