Thaksin summons: a bid fortax justice or a witch-hunt?

[webfact]

Thaksin summons: a bid fortax justice or a witch-hunt?
By Wichit Chaitrong 
The Nation 

 

 

BANGKOK: -- PHEU Thai legal specialist Reungkrai Likijwatana yesterday petitioned the Revenue Department against a tax summons it is set to issue against former premier Thaksin Shinawatra, after instructions from the government and Auditor General.

 

“It is a miracle of the law,” Deputy Prime Minister Wissanu Krea-ngam said of the case, after previously saying he had confidence that authorities would be able to collect back-taxes from Thaksin, despite doubts expressed about the case by the Revenue Department.

 

The tax case is both controversial and complicated, because previous court verdicts appeared contradictory, which could be explained by the fact that different groups have held power at different times when rulings were issued. There was also argument within the current government.

 

The point is whether a transaction involving 329.2 million shares of Shin Corp from Ample Rich Investments Ltd to Thaksin’s son Panthongtae and his daughter Pinthongta in 2006 is taxable.

 

In 2006, Thaksin’s tax adviser Suvarn Valaisathien defended the deal and said it should be tax-free.

 

But the Revenue Department wants Bt11.3 billion in tax paid by Thaksin’s children. The two appealed the case to the Central Tax Court.

 

Before the Central Tax Court gave a judgement, the Supreme Court’s Criminal Division for Political Office Holders ruled that the 329 million shares belonged to Thaksin, so the court could seize assets from the former PM worth Bt46 billion. His children were only his nominees, it said.

 

Based on the Supreme Court ruling, the Central Tax Court ruled in 2010 that the Revenue Department could not collect tax from Thaksin’s children. The Department then dropped the matter.

 

Now, tax experts say three questions have arisen.

 

First, why didn’t the Revenue Department appeal the verdict of the Central Tax Court to the Supreme Court? It is typical practice among tax officials that if they lose a case in a lower court they appeal to the Supreme Court.

 

Second, why did the Department not seek tax from Thaksin right after the Central Tax Court ruling? One legal expert, who preferred not to be named, has said the reason for this was because the Central Tax Court did pave the way for the Department to collect tax from Thaksin.

 

Third, why did the Auditor General not take any action then? And why did the department only take action last year after the Criminal Court jailed senior tax officials in relation to this case?

 

“I don’t know where the Auditor General was then,” former finance minister Korn Chatikavanij said. Korn defended his own actions, saying he did ask the head of the Revenue Department to enforce the tax law strictly in regard to this matter.

 

Korn argued that the head of the Revenue Department has more power than he did as finance minister over whether to collect taxes from someone. The Revenue Code is written in a way so that politicians aren’t able to meddle in tax collection, so the law gives more authority to the director-general of the department, he said.

 

The other crucial point is whether the deadline for paying tax on this deal has passed. The government insists the statute of limitations is valid until the end of this month, but Thaksin’s camp claim it has expired.

 

The Auditor General has also launched tax investigations into 60 politicians, which might be seen as a fair move in that more than the Shinawatra family are being targeted.

 

Yet, a new question arises: Why doesn’t the Auditor General also carry out tax probes into key members of the Prayut Chan-o-cha administration?

 

And all of this leads to the ultimate question that many might consider relevant: Is the Auditor General’s move an action for tax justice or a witch-hunt against a political enemy?

 

Source: http://www.nationmultimedia.com/news/national/30310472

 

-- © Copyright The Nation 2017-03-28

[SOUTHERNSTAR]

Read todays BKK Post article relating to this case and weep or smile.

[Bluespunk]

4 hours ago, webfact said:

 

And all of this leads to the ultimate question that many might consider relevant: Is the Auditor General’s move an action for tax justice or a witch-hunt against a political enemy?

It's justice.

Edited March 28, 2017 by Bluespunk

[EricBerg]

I'd say both tax justice and a witch-hunt. "Witch" being a far too friendly word for the guy...

[klauskunkel]

4 hours ago, webfact said:

“I don’t know where the Auditor General was then,” former finance minister Korn Chatikavanij said.

I'm sure he searched everywhere to find the elusive one.  

[chainarong]

I'm not a follower of Khun Thaksin , however If you're looking for a resolution into harmony , you're going about it all the wrong way , Khun Thaksin has had assets frozen that would pay for the taxes , reconciliation is not like a amnesty, you can't tell people to like each other, a witch hunt for PTP supporters or previous leaders isn't going to help one iota and that's all that's been happening, in the Democrats time there was some discrepancy's in the building of certain police stations , nary a word about that .................................................

[TKDfella]

I read this morning that a source in the revenue dept said that they are considering telling the gov to drop the case because of technicalities. Also, I read that another says that at the time of the transaction it was tax free. Now, I don't know if any of that is true but if there is doubt then as much as the man abroad may be disliked it would seem that the gov is proceeding on dodgy ground. Of course this raises all sorts of questions on both sides (why he fled abroad and why didn't the gov pursue him at the time, for example) but unless someone can force him to return then it seems a bit late to pursue him now, at least for tax reasons.

[realenglish1]

The bottom line is there is no money to get so why bother Most of the money is out of the country

[elgordo38]

8 hours ago, webfact said:

But the Revenue Department wants Bt11.3 billion in tax paid by Thaksin’s children. The two appealed the case to the Central Tax Court.

Is this one of those tax judgments that gets passed down through the generations with interest added??

[whatawonderfulday]

Further illustration, if one was needed, as a display to the outside world of the incongruity of not only the Thai democratic system, but also of it's national offices and justice systems.  And they want to attract further foreign investment, tourism and become of the hub of hubs of everything ?

 

Me thinks perhaps they think like fried mice

[smileydude]

Its justice but in this rare case only pursued because he is being hunted akin to a witch.

[Andrew65]

26 minutes ago, smileydude said:

Its justice but in this rare case only pursued because he is being hunted akin to a witch.

....politically motivated.

 

Maybe they could do what happens in the States sometimes, invite any politician to make public their assets, tax returns etc, that would make for some very interesting reading! (I think Rubio did this in the last US election campaign).

[joecoolfrog]

12 hours ago, Bluespunk said:

It's justice.

 

4 hours ago, Andrew65 said:

....politically motivated.

 

Maybe they could do what happens in the States sometimes, invite any politician to make public their assets, tax returns etc, that would make for some very interesting reading! (I think Rubio did this in the last US election campaign).

Well perhaps , but selective justice for sure.

[whatawonderfulday]

8 minutes ago, joecoolfrog said:

 

Well perhaps , but selective justice for sure.

its justice, but not as we know it. Beam me back up Scotty

[Bluespunk]

19 minutes ago, joecoolfrog said:

 

Well perhaps , but selective justice for sure.

More like delayed. 

 

Anything that makes his life worse is fine by me. 

[joecoolfrog]

16 minutes ago, Bluespunk said:

More like delayed. 

 

Anything that makes his life worse is fine by me. 

Cant stand the guy , never could !

He is everything his opponents say he is , used the rural poor to his own ends and fed them scraps. 

Unfortunately , and this is rather the ongoing point , those scraps were more than they ever got before !

[sjaak327]

"Yet, a new question arises: Why doesn’t the Auditor General also carry out tax probes into key members of the Prayut Chan-o-cha administration? "

 

Yeah right, maybe the Auditor General isn't too keen on one of those attitude adjustment sessions, or worse, he could be locked up for LM and die bodies cremated.

 

Do people not know by now that the members of the current administration are above the law, or actually they ARE the law ?

[Rhys]

1. ... a trump hunt...

[wakeupplease]

Auditor General ? at the time?

 

Some bright spark reccond the 17B would pay for the subs I guess

 

next story

[Andrew65]

17 hours ago, joecoolfrog said:

Cant stand the guy , never could !

He is everything his opponents say he is , used the rural poor to his own ends and fed them scraps. 

Unfortunately , and this is rather the ongoing point , those scraps were more than they ever got before !

Your last sentence is correct.

 

When asked about Thaksin, Lee Kwan Yew of Singapore stated:

 

"If it hadn't have been him, it would have been someone else".