Tax Rule Affecting Married Women Struck Down: Thailand

[webfact]

Tax rule affecting married women struck down

The Nation

BANGKOK: -- The Constitution Court yesterday struck down Revenue Code clauses that disallowed married women from including their non-earned income when filing a separate tax return.

These clauses are viewed as unfair to married women, who have to pay more taxes than unmarried women because some of their income is combined with their husband's, which is usually taxed at a higher rate.

Some women have divorced their husbands to avoid paying higher taxes because of these clauses.

The case had been brought to the court by the Ombudsman's Office.

The Revenue Code allows married women to file a tax return independent of their husbands for income from salaries, wages and pensions.

The court ruled that Articles 57(3) and 57(5) contravened the charter's principle of equality and fair practice for all, as they treated married and unmarried women differently.

The court cited Article 6 of the charter, which states: "The Constitution is the supreme law of the State. The provisions of any law, rule or regulation, which are contrary to or inconsistent with this Constitution, shall be unenforceable."

With the verdict, married women are expected to be allowed to include non-earned income in their own personal tax returns starting the next tax year.

-- The Nation 2012-07-05

[rkidlad]

Just do what a lot of people do here and don't pay any tax. Easy.

[jaltsc]

"Non earned-income". Is that like tea money? Which, as we all know is always reported on personal tax returns.

[Pseudolus]

non earned income - is that like a girl getting cash from her Gik, and not putting out? Surely if they are talking about what we might call housekeeping money from the husband, then it has already been taxed? Maybe they are talking about the trust fund and hand outs all the people discussing this rule get from their daddies though; earned through being born in a HiSo family.

....(who cares)

[Yunla]

Some women have divorced their husbands to avoid paying higher taxes because of these clauses.

Its also a good way to break the news if you were planning on leaving him for other reasons.

[mike123ca]

The court ruled that Articles 57(3) and 57(5) contravened the charter's principle of equality and fair practice for all, as they treated married and unmarried women differently.

I hope the courts will look at how the laws apply to Thais when married to foreigners. Thai women should have the exact same

rights as Thai men concerning their foreign partner.

[Reasonableman]

These married ladies should now be entitled to a retrospective tax refund, with interest?

[hansnl]

The court ruled that Articles 57(3) and 57(5) contravened the charter's principle of equality and fair practice for all, as they treated married and unmarried women differently.

I hope the courts will look at how the laws apply to Thais when married to foreigners. Thai women should have the exact same

rights as Thai men concerning their foreign partner.

Yes, the Thai women married to foreigners should have the same rights under the law.

On the other hand, the women are married to a foreigner........

[cdnski12]

I wonder how many Bar Ladies file Thai Income Tax Statements?

[gk10002000]

How many Bar Ladies are required to file Thai Income Statements or taxes or whatever ? Are there income limits?