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Thaksin's Children To Be Forced To Pay Income Tax At 37 Per Cent Rate


Jai Dee

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DSI found primary evidence of SC Asset and Win Mark owned by Shinawatres linked transactions

Prime Minister Surayud Chulanont admits the Department of Special Investigation (DSI) has found transactions between SC Asset Corporation Public Company Limited and Win Mark Company Limited owned by former prime minister Thaksin Shinawatra

Gen. Surayud however denies to reveal the full details, saying that the DSI has not given him the full description whether the transactions were related to the money laundering or the baht’s devaluation during 1997 Thailand financial crisis.

Source: Thai National News Bureau Public Relations Department - 03 May 2007

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Shinawatra siblings sent tax bill for 'billions'

The Revenue Department has demanded that Panthongtae and Pinthongta Shinawatra pay several billion baht in personal-income tax assessed on their sale of Shin Corp shares.

Revenue Department director-general Sanit Rangnoi said yesterday he sent the children of ousted prime minister Thaksin a demand notice on Monday.

The notice requires payment of personal-income tax on the revenue from the share sale within 15 days of receipt of the demand.

Sanit declined to reveal the size of the demand. A source said the amount was "around Bt6.5 billion".

Panthongtae and Pinthongta must also report to the department within seven days of receiving the demand.

Sanit said if they failed to show up the department would issue another summons. In the event of a second failure to appear the department would commence calculating fines on the unpaid taxes. Fines are 1.5 per cent of the total demand every month.

However, if the siblings contest the sum they can appeal. Nevertheless, they will have to place the sum demanded with the department as a surety.

If their appeal is successful the department will return the surety.

The brother and sister purchased Shin Corp shares from a British Virgin Islands-registered company called Ample Rich for Bt1 each. They later sold these shares to Temasek Holdings of Singapore for Bt49.25 each.

The source added the demand was calculated using Article 40 (2) of the Revenue Code. It requires the payment of tax on revenue assessed as income from discounts received by virtue of a person's position in a company.

The department used the article after the Assets Examination Committee (AEC) complained that earlier efforts to secure tax from the two were too slow.

It originally used Article 40 (8), which demands tax on income incurred from "any other businesses". The department admits that article contains loopholes.

- The Nation

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Based on some of the earlier posts, one could argue that Thaksin’s kids are oblivious to all of this. I particularly enjoy the part about even if they contest the amount if tax it still must be handed over until it is decided.

The second half of May looks to be exciting between this The TRT issue on May 30 and so on. Even looking at another thread about a possible terrorist attack, I can’t help but wonder about how many of the notes they found were written in Thai.

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Shinawatra siblings sent tax bill for 'billions'

The Revenue Department has demanded that Panthongtae and Pinthongta Shinawatra pay several billion baht in personal-income tax assessed on their sale of Shin Corp shares.

Revenue Department director-general Sanit Rangnoi said yesterday he sent the children of ousted prime minister Thaksin a demand notice on Monday.

The notice requires payment of personal-income tax on the revenue from the share sale within 15 days of receipt of the demand.

Sanit declined to reveal the size of the demand. A source said the amount was "around Bt6.5 billion".

Panthongtae and Pinthongta must also report to the department within seven days of receiving the demand.

Sanit said if they failed to show up the department would issue another summons. In the event of a second failure to appear the department would commence calculating fines on the unpaid taxes. Fines are 1.5 per cent of the total demand every month.

However, if the siblings contest the sum they can appeal. Nevertheless, they will have to place the sum demanded with the department as a surety.

If their appeal is successful the department will return the surety.

The brother and sister purchased Shin Corp shares from a British Virgin Islands-registered company called Ample Rich for Bt1 each. They later sold these shares to Temasek Holdings of Singapore for Bt49.25 each.

The source added the demand was calculated using Article 40 (2) of the Revenue Code. It requires the payment of tax on revenue assessed as income from discounts received by virtue of a person's position in a company.

The department used the article after the Assets Examination Committee (AEC) complained that earlier efforts to secure tax from the two were too slow.

It originally used Article 40 (8), which demands tax on income incurred from "any other businesses". The department admits that article contains loopholes.

- The Nation

Nice one, let the show begin....................................with lots more of the same in the pipeline that,s coming home to roost.

Come the start of next month things should get really interesting, perhaps Thaksin should hold fire on his plans to redistribute his ill gotten gains me thinks :o

The fat lady is about to start dancing......... not Thaksins wife of course HE! HE! HEeeeeeeeeeeeee

:D

marshbags

Edited by marshbags
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B.Post Breaking News 15:56 05-05-2007

Part quote:-

Thaksin kids 'won't pay B6.5 bln tax'

(BangkokPost.com) - The two adult children of ousted prime minister Thaksin Shinawatra will not pay 6.5 billion baht in income tax this year as ordered by Assets Scrutiny Committee, the family legal adviser Noppadol Pattama said Saturday.

Mr Noppadol said the ASC does not have the authority to calculate tax because that is the responsibility of the Revenue Department.

Unquote.

Ref url:- http://www.bangkokpost.com/breaking_news/b...s.php?id=118544

Predictable of course but they will eventualy have to pay, should " Nop panadol " oops, sorry i was thinking about all the headaches he,s got in trying to undo the ASC,s latest ruling along with all the other eventual decisions.

The revenue dept of the time have already been adjudged to be negligent ( putting it mildly ) for self interests so <deleted> is he still using the same old get outs.

Yes...................................We all know, he is paid to imitate a headless chicken.

Delaying the inevitable comes to mind when you consider the pilling accusations still continuing to surface on a daily / regular basis.

The day of accountability draws nearer by the day also. :o

Hopefully the powers that be will get a grip before they run out of time on what is left of their term in office.

marshbags

Edited by marshbags
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Shinawatra siblings to fight ruling all the way

Noppadol Pattama, the Shinawatra family's lawyer, said yesterday that the family would fight the Asset Examination Committee's (AEC) tax action against Panthongthae and Pinthongta Shinawatra through to the highest court.

The AEC has no authority to conduct tax appraisals, he said, adding that only the Revenue Department is empowered to do so.

However, Sak Korsaengruang, the AEC spokesman, said the panel had strictly followed

the Revenue Code's Section

40 (2) in demanding the two members of Shinawatra family pay Bt6.5 billion in back taxes on the earlier sales of Shin Corp shares to the Ample Rich company.

According to the AEC and the Revenue Department, both Panthongthae and Pinthongta - son and daughter of ousted premier Thaksin - failed to pay the combined amount in personal income taxes and fines when they did the transactions with Ample Rich.

Sak, former president of the Law Society of Thailand, said the previous chief of the Revenue Department, Sirote Sawadipanich, had cited Section 40 (8) of the Revenue Code, resulting in the failure to levy the huge tax bill on the two Shinawatra offspring.

"The previous decision could be regarded as a legal abuse, so the AEC had to review the case," said Sak, adding that the final verdict will be delivered by the court.

Noppadol said the Shinawatra family had insisted it would contest the case to the Supreme Court.

Source: The Nation

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I am actually beginning to feel sorry for Noppadol, when this is over few if any will want to retain him. If anyone does retain him it certainly could cause some prejudice against his future client as Noppadol now has a reputation of defending only bad guys.

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I am actually beginning to feel sorry for Noppadol, when this is over few if any will want to retain him. If anyone does retain him it certainly could cause some prejudice against his future client as Noppadol now has a reputation of defending only bad guys.

Once it's over , he will surely have earned enough to retire. Plenty of time then to get a new well fitted suit.

Edited by Tony Clifton
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makes me laugh watching a military installed tribunal trying to exact their arbitrary 'justice', bumping all over due process and stepping over boundaries. bunch of amateurs.

the interim government will never get the so-called tax money they are trying to extort from the shin kids. this much i'm sure. just like the iTV fine, the number here is so fantastically high because newly installed greedy officials want enough to pay themselves off to lessen the penalty or otherwise to make the issue go away. they know they will only have one chance to make the money before the next government is set up. watch for the number to come down as the clock ticks down.

the kids are trying to forestall the whole process to begin with, good on them.

it will definitely cost less than a fraction of 6.5 billion to keep the next government's greasy hands away.

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makes me laugh watching a military installed tribunal trying to exact their arbitrary 'justice', bumping all over due process and stepping over boundaries. bunch of amateurs.

the interim government will never get the so-called tax money they are trying to extort from the shin kids. this much i'm sure. just like the iTV fine, the number here is so fantastically high because newly installed greedy officials want enough to pay themselves off to lessen the penalty or otherwise to make the issue go away. they know they will only have one chance to make the money before the next government is set up. watch for the number to come down as the clock ticks down.

the kids are trying to forestall the whole process to begin with, good on them.

it will definitely cost less than a fraction of 6.5 billion to keep the next government's greasy hands away.

Surely you mean their identities are being used while the parents will do anything not to pay one satang in taxes. Great family values.

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The only possible outcome for this imgroglio:

Noppadol Pattama, the Shinawatra's lawyer, will appeal this to death - putting up so many stumbling blocks to put Johnny Cochran (O.J.'s lead attorney) to shame. Regardless of outcome of multiple appeals, not a satang will get paid.

The junta had multiple opportunities to seize Shinawatra assets and never did - they even allowed Thaksin's wife to leave via the airport on several occassions - shuttling dozens of fat suitcases each time - none of which were inspected. All those absconses were after the September coup. Actually, even just before the coup, Mr. Thaksin took over 30 large stuffed suitcases out of the country (to Finland, on to JFK, and on to London). Even now there are murmers of seizing Shinawatra assets that remain in Thailand, but no one's got the cojones to actually do so.

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correct me if I'm wrong...

but didn't someone say that the kids got the word from the revenue department that no taxes were due?

in other words, the kids got approval before going on with the transfer. not only did they get approval from the revenue department, they also got approval from a major international tax consultant firm. BDO-Richfield Advisory.

http://bdo-thaitax.com/publications/pub_ta...us_2006_mar.pdf (refer to page 2 of document.)

if this is true, then, what we have here is a lynch mob. a criminal gathering not based on laws but on their own selfish agendas to steal money from the thaksin kids.

thieves.

..they took so long to get to this point because they couldn't find any thai laws that were broken. so, now they are resulting to mafia style tactics. pay me because I tell you to. OR ELSE.

the amounts that they are telling the thaksin kids pay is not based on any thai laws. but just a figure they picked out of the air that satisfies them. how bogus can you be?

and these are the people in power??!!

foreign corporations - please take note of this. ...shades of chavez. WHY PAY WHEN YOU CAN TAKE!!!???

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I have to agree with Tony here . It is still Thaksin’s money no mater who’s name is on it at the moment. Unfortunately Thaksin has made human shields of his kids. They are the ones who will have criminal records to live with and not Thaksin on this.

I can’t seem to think of a species of animal that would sacrifice it’s young to save itself.

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correct me if I'm wrong...

but didn't someone say that the kids got the word from the revenue department that no taxes were due?

in other words, the kids got approval before going on with the transfer. not only did they get approval from the revenue department, they also got approval from a major international tax consultant firm. BDO-Richfield Advisory.

http://bdo-thaitax.com/publications/pub_ta...us_2006_mar.pdf (refer to page 2 of document.)

if this is true, then, what we have here is a lynch mob. a criminal gathering not based on laws but on their own selfish agendas to steal money from the thaksin kids.

thieves.

..they took so long to get to this point because they couldn't find any thai laws that were broken. so, now they are resulting to mafia style tactics. pay me because I tell you to. OR ELSE.

the amounts that they are telling the thaksin kids pay is not based on any thai laws. but just a figure they picked out of the air that satisfies them. how bogus can you be?

and these are the people in power??!!

foreign corporations - please take note of this. ...shades of chavez. WHY PAY WHEN YOU CAN TAKE!!!???

The latest was the government would take possession of the assets while this is being challenged. The only thing is this may stop the accruing of interest if the government has possession. Then it becomes a fight for a refund and they can fight as long as they want without direct injury to the country.

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taksin evidently pursued legal advice to structure the sale of his company to temasak. ..so, then, why don't the powers who might be just question this panel of lawyers that he had hired to structure the deal? get to the nitty gritty - so to speak.

http://bdo-thaitax.com/publications/pub_ta...us_2006_mar.pdf

all this questioning members of the family is starting to make this whole affair sound like a lynch mob.

BDO Richfield Advisory Limited - Tax and Legal services.

Its the family that have done all the tax evasion, as everything was in their names that makes it their responsibility.

in america, many people use 3rd party tax preparers like h&r block to do their taxes. and if they do them wrong, they take responsibility for it. same as with the property title insurance companies. if they mess up they are responsible. that is why you pay for their services.

if you are following usa standards, the tax consultant firm that thaksin PAID to review tax implications prior to the shin sale should be held responsible for making a mistake. not thaksin.

oh. I get it. this is thailand - not america. right?

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I have to agree with Tony here . It is still Thaksin’s money no mater who’s name is on it at the moment. Unfortunately Thaksin has made human shields of his kids. They are the ones who will have criminal records to live with and not Thaksin on this.

I can’t seem to think of a species of animal that would sacrifice it’s young to save itself.

you sir are talking like a lynch mob. and if it was a choice between siding with thaksin or you. I would rather stick with thaksin. guys like you with your frame of mind will eventually want to take money from anyone connected to thaksin, right?

oops! now it's someone from malaysia???

lynch mob.

hey. get this. I heard the guys in power gave themselves a raise. my bet is if they get the money from the thaksin kids, it will disappear overnight.

just like what happened when sonthi lumthongkul had his right hand man step in to work at this bank which incidentally had him on the books oweing billions. within one year, the amounts shrank to 200 million. good trick.

http://en.wikipedia.org/wiki/Sondhi_Limthongkul

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correct me if I'm wrong...

not only did they get approval from the revenue department, they also got approval from a major international tax consultant firm. BDO-Richfield Advisory.

http://bdo-thaitax.com/publications/pub_ta...us_2006_mar.pdf (refer to page 2 of document.)

Could you point out in your reference where it says that Thaksin sought the advice of BDO prior to the Shin sale?

I don't see it.

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I have to agree with Tony here . It is still Thaksin’s money no mater who’s name is on it at the moment. Unfortunately Thaksin has made human shields of his kids. They are the ones who will have criminal records to live with and not Thaksin on this.

I can’t seem to think of a species of animal that would sacrifice it’s young to save itself.

you sir are talking like a lynch mob. and if it was a choice between siding with thaksin or you. I would rather stick with thaksin. guys like you with your frame of mind will eventually want to take money from anyone connected to thaksin, right?

oops! now it's someone from malaysia???

lynch mob.

hey. get this. I heard the guys in power gave themselves a raise. my bet is if they get the money from the thaksin kids, it will disappear overnight.

just like what happened when sonthi lumthongkul had his right hand man step in to work at this bank which incidentally had him on the books oweing billions. within one year, the amounts shrank to 200 million. good trick.

http://en.wikipedia.org/wiki/Sondhi_Limthongkul

Actually all I am doing is pointing out facts. The fate of Thaksin, his money, his children are completely out of my control, however providing clarity seems to be helpful before a lynch mob mentality is formed. Lynching mentality tends to come from half truths from my recollections. If anything I am preventing a lynching by staying on target and not letting rumors fly uncontrolled.

Thaksin is very good about disconnecting himself from wrong doings and it takes a bit of time and effort to find and put the pieces together for a proper legal action to be taken. What is seen and what is proved are two things, but only one in this case can withstand a legal challenge.

In this post I am only talking about Thaksin, and the other things you mention are not things related to this. They involve other people and other motives.

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correct me if I'm wrong...

but didn't someone say that the kids got the word from the revenue department that no taxes were due?

in other words, the kids got approval before going on with the transfer. not only did they get approval from the revenue department, they also got approval from a major international tax consultant firm. BDO-Richfield Advisory.

http://bdo-thaitax.com/publications/pub_ta...us_2006_mar.pdf (refer to page 2 of document.)

if this is true, then, what we have here is a lynch mob. a criminal gathering not based on laws but on their own selfish agendas to steal money from the thaksin kids.

thieves.

..they took so long to get to this point because they couldn't find any thai laws that were broken. so, now they are resulting to mafia style tactics. pay me because I tell you to. OR ELSE.

the amounts that they are telling the thaksin kids pay is not based on any thai laws. but just a figure they picked out of the air that satisfies them. how bogus can you be?

and these are the people in power??!!

foreign corporations - please take note of this. ...shades of chavez. WHY PAY WHEN YOU CAN TAKE!!!???

And can you put a date on that?

Wasn't their father PM at the time? :o Same guy who has hidden assets when he first came into office, same guy who is now being accused of corruption and abuse of power. :D

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correct me if I'm wrong...

but didn't someone say that the kids got the word from the revenue department that no taxes were due?

in other words, the kids got approval before going on with the transfer. not only did they get approval from the revenue department, they also got approval from a major international tax consultant firm. BDO-Richfield Advisory.

http://bdo-thaitax.com/publications/pub_ta...us_2006_mar.pdf (refer to page 2 of document.)

if this is true, then, what we have here is a lynch mob. a criminal gathering not based on laws but on their own selfish agendas to steal money from the thaksin kids.

thieves.

..they took so long to get to this point because they couldn't find any thai laws that were broken. so, now they are resulting to mafia style tactics. pay me because I tell you to. OR ELSE.

the amounts that they are telling the thaksin kids pay is not based on any thai laws. but just a figure they picked out of the air that satisfies them. how bogus can you be?

and these are the people in power??!!

foreign corporations - please take note of this. ...shades of chavez. WHY PAY WHEN YOU CAN TAKE!!!???

And can you put a date on that?

Wasn't their father PM at the time? :o Same guy who has hidden assets when he first came into office, same guy who is now being accused of corruption and abuse of power. :D

the connection is implied but here it is in an article from the nation.

http://www.nationmultimedia.com/2006/02/07...ss_20000430.php

from my readings, my take on the thaksin sale to singapore was that he essentially did an ipo-like sale. which means you don't pay capital gains on the price BEFORE the ipo, but on the price of the shares when they were initially sold publicly.

any money exchanged between thaksin and his children or relatives for shares exchanged prior to the sale to singapore have no bearing in the calculation of capital gains because those shares were not publicly traded.

in an ipo, nobody knows what the eventual price of the shares will become reality. if it become enormous, good for the company. but capital gains would still be considered from that first initial sale price. not before.

I've attached some links for reading.

http://en.wikipedia.org/wiki/Capital_gains_tax

http://en.wikipedia.org/wiki/Initial_public_offering

http://www.asiamedia.ucla.edu/article.asp?parentid=38004

http://www.pwc.com/pl/eng/ins-sol/publ/2005/ipo_guide01.pdf

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Nick2k

One key here is Thaksin had the law changed just hours before the transaction. There is a lot to consider, you need to dig deep and look well beyond face value. That is why it is taking so long to put this together. This is a very general statement so please just see it as that. I don’t recall the specifics of 16 months ago but just the general events.

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Nick2k

One key here is Thaksin had the law changed just hours before the transaction. There is a lot to consider, you need to dig deep and look well beyond face value. That is why it is taking so long to put this together. This is a very general statement so please just see it as that. I don’t recall the specifics of 16 months ago but just the general events.

what "law" are you referring to? the law on no capital gains for stock transactions?

if this is the law you are referring to, from what I understand, this law has been in existence since day one. it has been in effect since the stock market in thailand first opened for business back some 20 years ago.

now, I don't know personally if this is the case since I never bought stocks here. but one of my thai friends who does deal in the stock market here told me so.

this idea that thaksin changed the laws in such a speedy fashion is just a staged lied used by the elite troublemakers to take power from thaksin. to suppress the poor. to change the constitution to reflect the opinions of a minority.

think about it.

if the current leaders really cared about the poor here, they would respect the "one man, one vote" rule. from what I understand, they don't. they just want the masses to kowtow to them.

if the current leaders cared about the poor, they would make it a law so that all thai citizens are entitled to 12 years of schooling. but it is my guess they will never agree to this. if they did, the thais would be smart enough to question authority. and you can't have that if you want everybody to kowtow to you, right?

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correct me if I'm wrong...

not only did they get approval from the revenue department, they also got approval from a major international tax consultant firm. BDO-Richfield Advisory.

http://bdo-thaitax.com/publications/pub_ta...us_2006_mar.pdf (refer to page 2 of document.)

Could you point out in your reference where it says that Thaksin sought the advice of BDO prior to the Shin sale?

I don't see it.

Perhaps I should have clarified my question above in that I didn't see it because it's not there. It's also an article written in March 2006, long before most of the relevant information related to this case was known or written about... which is why the source of the information in the article, an Australian, wouldn't have known about them.

If you need clarification about why this is not strictly a matter of not paying capital gains tax on a straight stock sale, there's quite a few good articles, especially those written in 2007, in this thread that should help you to sort things out. Post #360 of this thread is a good place to start:

http://www.thaivisa.com/forum/index.php?s=...t&p=1234504

*Edit... I stand corrected upon reviewing the article once again. The article was actually from February 2005 :o and was reprinted in BDO's circular in March 2006.

Edited by sriracha john
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Nick2k

One key here is Thaksin had the law changed just hours before the transaction. There is a lot to consider, you need to dig deep and look well beyond face value. That is why it is taking so long to put this together. This is a very general statement so please just see it as that. I don’t recall the specifics of 16 months ago but just the general events.

what "law" are you referring to? the law on no capital gains for stock transactions?

if this is the law you are referring to, from what I understand, this law has been in existence since day one. it has been in effect since the stock market in thailand first opened for business back some 20 years ago.

now, I don't know personally if this is the case since I never bought stocks here. but one of my thai friends who does deal in the stock market here told me so.

this idea that thaksin changed the laws in such a speedy fashion is just a staged lied used by the elite troublemakers to take power from thaksin. to suppress the poor. to change the constitution to reflect the opinions of a minority.

think about it.

if the current leaders really cared about the poor here, they would respect the "one man, one vote" rule. from what I understand, they don't. they just want the masses to kowtow to them.

if the current leaders cared about the poor, they would make it a law so that all thai citizens are entitled to 12 years of schooling. but it is my guess they will never agree to this. if they did, the thais would be smart enough to question authority. and you can't have that if you want everybody to kowtow to you, right?

Thanks for that Nick2k. It's what I have believed from day one of the coup. In Giles Ji Ungpakorn's newest book, 'A Coup For the Rich,' he says just that. The whole thing was orchestrated because Taksin was giving too many concessions to the working classes and farmers; trying to improve their lives just a little too much for the tastes of the elite. Just give them their sufficiency economy and let them eat cake.

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Unpakorn threw that book up in the air so quickly following the coup that it will hit him back in the face by surprise someday.

Using the ''Thaksin trying to improve their lives just a little too much for the tastes of the elite'' excuse is an insult to the poor and farmers, not to the elite. His fortune increased tremendously in 5 years WHILE HOLDING OFFICE, corruption was shifted to industrial scale, his populist programs crashing and being investigated, AND his latest philantropic declarations of helping the poor and education have been somehow set aside, putting more priority on the purchase of a football club overseas and becoming the godfather of Golf in Thailand.

I wonder how many farmers play golf?

Edited by Tony Clifton
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On Wednesday, Pojaman will testify before the AEC over the Shin Corp share sale, according to Noppadon.

AEC member Khunying Jaruvan Maintaka welcomed Pojaman's testimony. "She knows facts about the case and I think her appearance will benefit the investigation," she said.

Jaruvan said there would be no extra security measures for Pojaman.

- The Nation

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Unpakorn threw that book up in the air so quickly following the coup that it will hit him back in the face by surprise someday.

I always found it ironic that his own university that employs him won't sell it at the university bookstore...

Edited by sriracha john
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Nick2k

In thinking about what laws were changed from memory. The law that said what percentage of a company can be owned by non Thais and some tax laws associated with that. That lead to a whole bunch of overreactions by this government and new stricter laws are in place. The grace period is still active on that so watch the threads on that.

For the record the seated parliament that Thaksin dissolved was just a puppet parliament. Decision like law changes took minutes and not days as should be with proper debate. It took about 35 minutes to change this particular law. That is just about the time it would take to announce the agenda, vote, count the votes, and have Thaksin sign it into law. Thaksin just painted the appearance of democracy. As laws got in his way, he just did the same, no debate just vote as the boss says. 49 billion was just too much to hide so he had to make some changes. The research found that Thaksin did not even meet the requirements of the laws he changed and that is what changed this from no tax to the amount we see now. That took time to put together finding this disbursed and deliberately delayed information. Add to that some of the companies involved of Thaksin’s were off shore and did not meet the requirement of no tax. Just a bit of the Thai double standard coming back to bite Thaksin in the ass. That is where we are today.

Again from memory so some of this could be wrong but generally a accurate summary.

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