Thai Police Warrent Not Filling Tax Paperwork........

[Markalan]

Hi, i found this site and am hoping to get some advice from anyone who can assist, I'll try and keep it short.

I'm getting married on Ko Samet in December and have a problem, my little brother lived in thailand for a few years 2006-2008. His "friend" started a small business though a legal company called Sunbell asia just to get his visa's and my borther being the fool he is went on as a director so he could also get his visa. Well to cut to the chase, after he returned to the UK (with his tail between his leg, after some trouble with a bar girl) He found out that the thai police had came to his apartment which another friend had taken over looking to arrest him for not filling tax paperwork and his "friend" has disapeared. I KNOW HE'S A FOOL, TRUST ME.

Problem is he keeps saying he cant come to the weeding because he will get "taken" at the airport, this happered some time ago now, is this a reality or is he being paranoid, were only in thailand 2 weeks and really want him there as does our mother.

I dont know what the users of this site are like but pls dont bother with snide comments regaring my brother, im looking for real advice.

Thanks in advance,

Mark.

[7by7]

Probably get better answers in Thai visas rather than visas to other countries; moved.

[samran]

It is true that any company has to make a return to the relevant authorities. Whether there is tax owed is a totally separate issue.

Suspect you need to hire an accountant, follow up on the company's liabilities and work to clear then if he is that paranoid and you want him at the wedding.

[FritsSikkink]

Take your pick: The Thailand Revenue Code

http://www.samuiforsale.com/law-texts/the-thailand-revenue-code.html#89

Section 90 The following persons failing to comply with the provisions stated below shall be fined not more that 2,000 Baht:

(1) person not providing copy of contract or document under Section 77/4 (2);

(2) VAT registrant failing to file a tax return under Section 83 or Section 83/1;

(3) person liable to tax failing to file a tax return under Section 83/2;

(4) person liable to tax return filing failing to file a tax return under Section 83/3;

(5) person liable to remit tax failing to remit value added tax under Section 83/5, Section 83/6 or Section 83/7;

(6) importer failing to entry under Section 83/8 or Section 83/9;

(7) VAT registrant failing to notify changes in particulars of value added tax registration under Section 85/6;

(8) VAT registrant failing to return a certificate of value added tax registration under paragraph 3 of Section 85/7, paragraph 2 of Section 85/8, paragraph 2 of Section 85/15 or paragraph 2 of Section 85/17;

(9) VAT registrant failing to notify a change of place of business under paragraph 1 of Section 85/8;

(10) VAT registrant failing to notify temporary business cessation under Section 85/12;

(11) estate possessor, estate administrator or heir of VAT registrant failing to return a certificate of value added tax registration under paragraph 3 or paragraph 5 of Section 85/16;

(12) VAT registrant issuing tax invoice, abbreviated tax invoice, credit note or debit note with incomplete particulars in the matter of substance under Sections 86/4, 86/5, 86/6, 86/7, 86/9, 86/10 or 86/11;

(13) VAT registrant failing to issue certified copy of tax invoice, credit note or debit note under Section 86/12;

(14) VAT registrant having goods in excess of that reported in goods and raw material report under Section 87;

(15) VAT registrant making report not in accordance with rule; procedure, and condition prescribed in Section 87 or with provision prescribed by the Director-General under Section 87/1;

(16) VAT registrant intending not to keep tax invoice, copy of tax invoice or such document not in accordance with rule, procedure and condition prescribed in Section 87/3.

Section 90/1 The following persons failing to comply with the provisions stated below shall be fined not more than 5,000 Baht:

(1) an agent failing to proceed with the registration of a business person residing abroad under Section 85/2;

(2) VAT registrant failing to display certificate of value added tax registration under Section 85/4;

(3) VAT registrant failing to notify the opening of additional place of business or the closing of place of business under paragraph 1 or 2 of Section 85/7;

(4) VAT registrant failing to notify the transfer of part of business or the receive of transfer of business under Section 85/13;

(5) VAT registrant failing to notify the cessation of business or transfer of business under Section 85/13 or paragraph 1 of Section 85/15;

(6) an agent of a VAT registrant residing abroad making reports not in accordance w ith rule, procedure or condition as prescribed by Section 87/2.

Section 90/2 The following persons failing to comply with the provisions stated below shall be sentenced for not more than 1 month or fined not more that 5,000 Baht or both:

(1) VAT registrant failing to comply with Section 82/18 (2);

(2) any business person liable to register for value added tax carrying on business without value added tax registration under Section 85/1, paragraph 2 of Section 85/13 or Section 85/14;

(3) VAT registrant failing to issue tax invoice or its copy, or failing to provide the tax invoice or its copy to the purchaser or service recipient under paragraph 1 of Section 86, or failing to issue and provide tax invoice or its copy to the purchaser or service recipient at the request of the purchaser or service recipient under paragraph 2 of Section 86/8.

(4) a business person registered for temporary value added tax registration issuing tax invoice not in accordance with rule, procedure and condition as prescribed by the Director-General under paragraph 2 of Section 86;

(5) an agent issuing tax invoice on behalf of VAT registrant not in accordance with rule, procedure and condition as prescribed by the Director-General under paragraph 4 of Section 86;

(6) VAT registrant failing to comply with regulations on cash register machines under paragraph 6 of Section 86/6;

(7) any one not complying with a summons or order of assessment official under Section 88/4.

Section 90/3 The following persons failing to comply with the provisions stated below shall be sentenced for not more than 6 months or fined not more than 10,000 Baht, or both:

(1) an agent of a VAT registrant residing abroad issuing tax invoice without approval under paragraph 2 of Section 86/2

(2) VAT registrant using cash register machine without approval under paragraph 6 of Section 86/6 or Section 86/7;

(3) VAT registrant failing to make reports under Section 87 or as prescribed by the Director-General under Section 87/1;

(4) an agent of a VAT registrant residing abroad failing to make reports under Section 87/2;

(5) any one obstructing or failing to accommodate the performing of assessment official or acting against the order of an assessment official under paragraph 1 of Section 88/3.

Section 90/4 The following persons failing to comply with the provisions stated below shall be sentenced from 3 months up to 7 years and fined 2,000 Baht up to 200,000 Baht:

(1) VAT registrant with intention to evade or trying to evade value added tax, issuing tax invoice, debit note or credit note without authorization under paragraph 2 of Section 86 or Section 86/1;

(2) an agent of VAT registrant residing abroad with an intention or trying to evade value added tax, issuing tax invoices without authorization under paragraph 1 of Section 86/2;

(3) any one issuing tax invoice, debit note or credit note without authorization under Section 86/13;

(4) VAT registrant with intention to or trying to evade tax failing to report or making false report stated in Section 87 or as prescribed by the Director-General under Section 87/1;

(5) VAT registrant with intention to or trying to evade value added tax failing to issue tax invoice, debit note or credit note or their substitute;

(6) VAT registrant with intention to or trying to evade value added tax acting falsely, fraudulently or by similar nature;

(7) business person with intention to use false tax invoice or illegally issued tax invoice for tax credit.

Section 90/5 Where the wrongdoing person subject to penalty under this Chapter is a juristic person, the managing director, director or person acting in a representative capacity of such juristic person shall be liable to the penalty as prescribed for such false action, except he can prove that he has no consent or no part in such wrongdoing of the juristic person. 

[Tatsujin]

So worst case, a max 7 year jail term and 200k fine for not paying taxes?

[Soutpeel]

Not wanting to deleve into conspiracy theories, but seems very usual for the BiB to put a warrant out on someone for not simply filling in a tax form, are you sure there is something he is not telling you ?

But if there is a warrant out for his arrest in Thailand, he would be very stupid to return to Thailand and yes he is taking a risk.

If he really wants to come back here, maybe take on the legal company named about to make some enquires on his behalf and if he gets the green light to come back.

[PomRakBKK]

Contact the legal company Sunbell or what ever its called where he got his visa from. They should be able to help and clear up his mess. Might cost you a few baht.

[Markalan]

thanks for all the help folks and Soutpeel, i understand your point but yes it was just the tax paperwork. I have searched for the legal company sunlell asia to no avail.

So do we all think that thai airports would have warrents warnings at the airport.

Thanks again,

Mark

[Markalan]

Probably get better answers in Thai visas rather than visas to other countries; moved.

thanks

[Pseudolus]

Company is Sunbelt - contact them directly for advice. If the business was operation for 2 years, and had invoices paid, he should have been paying VAT, withholding tax, corporation tax, and income tax on his salary, as well as a miriad of other red tape BS that the government makes you do. It sounds though as if he returned to the UK without closing the business down and what has his ex and her Thai BF has been doing within the business...all in his name. He might have a load of loans, purchases, you name it and a massive pile of trouble waiting for him which in reality is a massive problem and likely why the police are knocking at his door.

Get him to speak to Sunbelt, pay them their money to work out exactly what the problems are and on no account return here until he knows the score. Walking blindly into this could mean serious time inside and a massive debt for which he will be 49% culpable for.

Edited August 6, 2012 by Pseudolus

[IMA_FARANG]

OP

I think the company you're looking for...my guess anyway,,,,is called Sunbelt not Sunbell.

Sunbelt is a well-known legal firm in Thailand....and generally well-respected.

[Pib]

Sunbelt has a link in the lower left corner of the www.thaivisa.com Home page.

[Soutpeel]

thanks for all the help folks and Soutpeel, i understand your point but yes it was just the tax paperwork. I have searched for the legal company sunlell asia to no avail.

So do we all think that thai airports would have warrents warnings at the airport.

Thanks again,

Mark

The key point here is whether there is a warrant out on him, not what the possible warrant is about, ie only filling in a tax form.

The point being you do not know what is on immigrations database, it may be there, it may not be...so the question is....is he prepared the take the chance ?....I know i wouldnt,

You/ he needs to talk to a legal company, it appears Sunbelt has been involved from the very beginning, so they would be able to enquire the exactly the status and give a go no-go coming to Thailand, if he lands here and they are looking for him, he is st*ffed...well worth spending a little money to find out before he arrives

[Gone]

Your solution is very simple really. Just go see a lawyer here and as him to find out if there really is a warrant for his arrest or not. Cost maybe 1000 baht and if there is not then he has nothing to worry about but if there is then he does.

[PoorSucker]

Get a police clearance.

http://pcscenter.sb.police.go.th/eprint.html

[Mario2008]

I would say sort things out with the revenue department. Just contact them and see if you can get any information.

[Markalan]

Guy, a great BIG thank you to you all for your time and help, really you have all been great!!! i put my brother to the grindstone this morning and he told me the company never did business it was just for the visa's. He said that he felt the layers, who as some of you mentioned were sunbelt asia not sunbell (thanks) were over charging crooks but hey that lawyer anywhere in my experience .

We still have sometime to sort this out but he says he does not wish to pay sunbelt another penny which i must respect, can anyone advice a English speaking lawyer who i could contact who is.... reasonable, starting with the warrant check and then moving on if needs be.

Many thanks again, very impressed with the quality of this sites users!!!!

Mike.

[Soutpeel]

Guy, a great BIG thank you to you all for your time and help, really you have all been great!!! i put my brother to the grindstone this morning and he told me the company never did business it was just for the visa's. He said that he felt the layers, who as some of you mentioned were sunbelt asia not sunbell (thanks) were over charging crooks but hey that lawyer anywhere in my experience .

We still have sometime to sort this out but he says he does not wish to pay sunbelt another penny which i must respect, can anyone advice a English speaking lawyer who i could contact who is.... reasonable, starting with the warrant check and then moving on if needs be.

Many thanks again, very impressed with the quality of this sites users!!!!

Mike.

If this is purely a non submittal of a tax return on a non-trading shelf company, still having trouble understanding how the BiB got involved with a warrant, this would be tax department.

You mention in your OP about bar girl troubles and then the police rocking up at the apartment, and him bailing the country, this doesnt sound like the BiB we all know and trust in Thailand over a tax return.

Pretty sure there are aspects of this issue that your brother has forgotten to mention, and the warrant, if it exists, may be about something else and not a tax return

dont change anything, still needs to find out if he was a warrant against him, before even thinking about coming here

[Markalan]

Guy, a great BIG thank you to you all for your time and help, really you have all been great!!! i put my brother to the grindstone this morning and he told me the company never did business it was just for the visa's. He said that he felt the layers, who as some of you mentioned were sunbelt asia not sunbell (thanks) were over charging crooks but hey that lawyer anywhere in my experience .

We still have sometime to sort this out but he says he does not wish to pay sunbelt another penny which i must respect, can anyone advice a English speaking lawyer who i could contact who is.... reasonable, starting with the warrant check and then moving on if needs be.

Many thanks again, very impressed with the quality of this sites users!!!!

Mike.

If this is purely a non submittal of a tax return on a non-trading shelf company, still having trouble understanding how the BiB got involved with a warrant, this would be tax department.

You mention in your OP about bar girl troubles and then the police rocking up at the apartment, and him bailing the country, this doesnt sound like the BiB we all know and trust in Thailand over a tax return.

Pretty sure there are aspects of this issue that your brother has forgotten to mention, and the warrant, if it exists, may be about something else and not a tax return

dont change anything, still needs to find out if he was a warrant against him, before even thinking about coming here

Thanks for the reply, just to confirm the girl had nothing to do with the company just screwed him in more than the physical sense and he had already been out of thailand for nearly a year before they came knocking on his old apartment door. As i mentioned before i had him up against the wall for all the facts he new and at this point i trust he is not lying to me, he's just a very bad judge of character and trust to much.

Oh by the way whats BIB?

Cheers Mark

[Soutpeel]

Guy, a great BIG thank you to you all for your time and help, really you have all been great!!! i put my brother to the grindstone this morning and he told me the company never did business it was just for the visa's. He said that he felt the layers, who as some of you mentioned were sunbelt asia not sunbell (thanks) were over charging crooks but hey that lawyer anywhere in my experience .

We still have sometime to sort this out but he says he does not wish to pay sunbelt another penny which i must respect, can anyone advice a English speaking lawyer who i could contact who is.... reasonable, starting with the warrant check and then moving on if needs be.

Many thanks again, very impressed with the quality of this sites users!!!!

Mike.

If this is purely a non submittal of a tax return on a non-trading shelf company, still having trouble understanding how the BiB got involved with a warrant, this would be tax department.

You mention in your OP about bar girl troubles and then the police rocking up at the apartment, and him bailing the country, this doesnt sound like the BiB we all know and trust in Thailand over a tax return.

Pretty sure there are aspects of this issue that your brother has forgotten to mention, and the warrant, if it exists, may be about something else and not a tax return

dont change anything, still needs to find out if he was a warrant against him, before even thinking about coming here

Thanks for the reply, just to confirm the girl had nothing to do with the company just screwed him in more than the physical sense and he had already been out of thailand for nearly a year before they came knocking on his old apartment door. As i mentioned before i had him up against the wall for all the facts he new and at this point i trust he is not lying to me, he's just a very bad judge of character and trust to much.

Oh by the way whats BIB?

Cheers Mark

BiB... Boys in Brown (Police) or Bandits in Brown if you prefer, a very upstanding and trust worthy branch of the goverment in Thailand....

This my point, the BiB here dont ever do anything unless there is a back hander in for them, London Met Police they are not, trumped up charges etc etc are quite common here because someone has paid them off

[Dork]

Guy, a great BIG thank you to you all for your time and help, really you have all been great!!! i put my brother to the grindstone this morning and he told me the company never did business it was just for the visa's. He said that he felt the layers, who as some of you mentioned were sunbelt asia not sunbell (thanks) were over charging crooks but hey that lawyer anywhere in my experience .

We still have sometime to sort this out but he says he does not wish to pay sunbelt another penny which i must respect, can anyone advice a English speaking lawyer who i could contact who is.... reasonable, starting with the warrant check and then moving on if needs be.

Many thanks again, very impressed with the quality of this sites users!!!!

Mike.

If this is purely a non submittal of a tax return on a non-trading shelf company, still having trouble understanding how the BiB got involved with a warrant, this would be tax department.

You mention in your OP about bar girl troubles and then the police rocking up at the apartment, and him bailing the country, this doesnt sound like the BiB we all know and trust in Thailand over a tax return.

Pretty sure there are aspects of this issue that your brother has forgotten to mention, and the warrant, if it exists, may be about something else and not a tax return

dont change anything, still needs to find out if he was a warrant against him, before even thinking about coming here

Thanks for the reply, just to confirm the girl had nothing to do with the company just screwed him in more than the physical sense and he had already been out of thailand for nearly a year before they came knocking on his old apartment door. As i mentioned before i had him up against the wall for all the facts he new and at this point i trust he is not lying to me, he's just a very bad judge of character and trust to much.

Oh by the way whats BIB?

Cheers Mark

BiB... Boys in Brown (Police) or Bandits in Brown if you prefer, a very upstanding and trust worthy branch of the goverment in Thailand....

This my point, the BiB here dont ever do anything unless there is a back hander in for them, London Met Police they are not, trumped up charges etc etc are quite common here because someone has paid them off

Agreed. Reading this story, I had wondered whether the "police" that came to his old apartment was in fact a revenue dept officer in uniform.

[Markalan]

Guy, a great BIG thank you to you all for your time and help, really you have all been great!!! i put my brother to the grindstone this morning and he told me the company never did business it was just for the visa's. He said that he felt the layers, who as some of you mentioned were sunbelt asia not sunbell (thanks) were over charging crooks but hey that lawyer anywhere in my experience .

We still have sometime to sort this out but he says he does not wish to pay sunbelt another penny which i must respect, can anyone advice a English speaking lawyer who i could contact who is.... reasonable, starting with the warrant check and then moving on if needs be.

Many thanks again, very impressed with the quality of this sites users!!!!

Mike.

If this is purely a non submittal of a tax return on a non-trading shelf company, still having trouble understanding how the BiB got involved with a warrant, this would be tax department.

You mention in your OP about bar girl troubles and then the police rocking up at the apartment, and him bailing the country, this doesnt sound like the BiB we all know and trust in Thailand over a tax return.

Pretty sure there are aspects of this issue that your brother has forgotten to mention, and the warrant, if it exists, may be about something else and not a tax return

dont change anything, still needs to find out if he was a warrant against him, before even thinking about coming here

Thanks for the reply, just to confirm the girl had nothing to do with the company just screwed him in more than the physical sense and he had already been out of thailand for nearly a year before they came knocking on his old apartment door. As i mentioned before i had him up against the wall for all the facts he new and at this point i trust he is not lying to me, he's just a very bad judge of character and trust to much.

Oh by the way whats BIB?

Cheers Mark

BiB... Boys in Brown (Police) or Bandits in Brown if you prefer, a very upstanding and trust worthy branch of the goverment in Thailand....

This my point, the BiB here dont ever do anything unless there is a back hander in for them, London Met Police they are not, trumped up charges etc etc are quite common here because someone has paid them off

So its quite likely i guess that the BIB will have/be able to get info regarding companies that have fell behind with the tax paperwork and come looking for a few quid.

[Markalan]

U P D A T E!

Hi every1, good news, maybe..... On a old Thai phone he found a message from his mate in his old apartment. The reason for the Officers came to his door was failure to submit annual audits.

thanks