Moves Against Tax Liability Avoidance

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Moves Against Tax Liability Avoidance
Moves Against Tax Liability Avoidance

The Cabinet has approved a draft bill aimed at preventing the transfer of assets and profits for the purpose of avoiding tax liabilities.

Also approved were proposals requiring that juristic persons with interconnected transactions of more than 30 million THB a year send the authorities a clarification report and a tax waiver that will benefit foreign disabled people who earn no more than 190,000 THB a year. Nattaporn Jatusripitak, a spokesman for the Deputy Prime Minister for Economics, said that the Cabinet also agreed on a draft bill for an amendment to the transfer pricing law. The draft bill requires that companies or registered partnerships that have relationships must prepare reports that disclose the details of these relationship as well as the interconnected transactions in each accounting period as determined by the Revenue Department’s director-general.

The reports must be delivered as scheduled. An authorised appraiser may file a report involving analysis of reported transactions to the companies or registered partnerships within five years. These corporations will be fined no more than 200,000 THB if they do not deliver the reports as scheduled or submit incomplete reports, documentation or other key evidence. Those with interconnected transactions of no more than 30 million THB per year will be exempt from the reporting. “The amendment to this legislation aims to prevent the transfer of assets and profits to an enterprise with less income or the transfer of assets overseas, or so-called transfer pricing for tax avoidance. Asset transfers for tax avoidance is called the use of tax havens.

This move is in line with international principles, as has been done in other countries, does not affect investments in Thailand,” Nattaporn said. The exemption of personal income tax for foreign disabled people aged no more than 65 on annual income of no more than 190,000 THB had been proposed by the Ministry of Finance (MOF). This move came after a complaint from National Human Rights Commission of Thailand to the MOF. According to the MOF, this measure applies the same principles of its 1966 ministerial regulation proposing an exemption for Thai disabled persons aged no more than 65 old on annual income of no more than 90,000 THB.

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