Court accepts malfeasance case tied to Thaksin's children

[S Landreth]

PM orders tax law overhaul

http://www.nationmultimedia.com/news/national/30309465

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OAG threatens petition against Revenue Dept if no Shin Corp tax collected

The Office of the Auditor-General (OAG) has insisted that the Revenue Department is empowered to collect income tax on the 2006 sale of Shin Corp shares in accordance with Article 61 of the Revenue Code which says that persons whose names appear in asset ownership document are subject to tax.

Auditor-General Pisit Leelawachiropas said at a seminar on tackling corruption in Thailand that the Revenue Department has to perform its duty on tax collection.

He said OAG would petition the National Anti-Corruption Commission if the department failed to pursue this tax case before the March 31 deadline.

Earlier, the Revenue Department said it could not collect the taxes under Article 61 due to the expiry of statute of limitations.

According to the OAG, former premier Thaksin Shinawatra is liable to back-taxes on the sale of Shin Corp shares to Temasek Group of Singapore, even though he used his children as nominees in holding the shares while serving as prime minister.

http://www.nationmultimedia.com/news...gnews/30309517

[S Landreth]

Former finance minister Korn insists there is basis to claim tax from Thaksin

http://englishnews.thaipbs.or.th/for...-from-thaksin/

[S Landreth]

Thaksin set to challenge tax grab

Former prime minister Thaksin Shinawatra is likely to challenge the tax assessment if the Revenue Department proceeds to demand an estimated 16 billion baht in tax and fines over the Shin Corp stake sale, a close aide to Thaksin says.

Noppadon Pattama, who is Thaksin's legal adviser, said if the department decides to assess Thaksin as planned, the ex-premier is likely to appoint lawyers to fight the move on his behalf.

"If there is a tax assessment over this, it will be challenged in court. I think a lawyer or legal adviser will be appointed to proceed. But at this stage, it's still early to say who exactly will be sued," he told the media yesterday.

He was responding to the government's fresh attempt to collect money from Thaksin over a part of the 2006 sale of Shin Corp shares to Singapore's Temasek Holdings more than a decade ago.

In defence of Thaksin, Mr Noppadon said the deposed prime minister does not have an intent to cheat, but the sale of Shin Corp shares via the stock market is exempted from tax.

He pointed to the asset seizure ruling of the Supreme Court's Criminal Division for Holders of Political Positions in which Thaksin's assets worth 46 billion baht were seized.

In its ruling, the court found Thaksin's children, Panthongtae and Pinthongta, acted as proxies on behalf of their father in the share sale in January 2006.

Noppadon Pattama, legal adviser to former prime minister Thaksin Shinawatra, talks to reporters at a press conference on how he might counter the government's plan to assess Thaksin for the sale of Shin Corp shares to Singapore's Temasek Holding in January of 2006. Tax and fines are estimated at 16 billion baht. (Photo by Patipat Janthong)

According to Mr Noppadon, as a result, the pair did not own the shares and earned nothing from the transaction, so they were not liable to pay tax. Moreover, Thaksin's assets seized by the state had covered money from the sale and dividends.

He questioned the procedures in what the government described as "miracle of law", to pursue the case.

"As a legal specialist, it is the first time I have heard of [the term] 'miracle of law'," he said.

Deputy Prime Minister Wissanu Krea-ngam declined to respond to Mr Noppadon's arguments, saying the controversy would get even more confusing to the public.

"It's not right to challenge each other through the media," he said. "It's not fair to both sides and the people will only get confused."

http://www.bangkokpost.com/news/poli...lenge-tax-grab

[Mid]

Good grief what a non story

[S Landreth]

Revenue Department calls Thaksin to acknowledge and pay 17 billion baht in tax and fine assessment today

http://englishnews.thaipbs.or.th/rev...essment-today/

[Mid]

The department has officially notified Thaksin or his representative

any idea which ?

[S Landreth]

Thaksin ordered to pay B16bn in tax

The Revenue Department has sent a letter to former prime minister Thaksin Shinawatra demanding 16 billion baht in taxes for the sale of the family's stake in Shin Corp, a department source said.

The letter comes amid growing pressure on the government to find ways to chase after taxes before the statute of limitation lapses.

The letter specifies how much tax Thaksin, who lives in self-imposed exile, owes the state, said the source, adding the department understands his team of lawyers will formally acknowledge the tax collection demand at the department on Monday.

The Office of the Auditor-General (OAG) earlier recommended it exercise Section 61. This allows officials to collect tax from anyone whose name appears in "any important document" showing they have sold assets.

Thaksin's children, Mr Panthongtae and Ms Pinthongta, purchased 329 million Shin Corp shares at a price of one baht each from Ample Rich, an offshore holding company controlled by the Shinawatra family. The pair later sold the Shin shares in their name to Temasek through the Stock Exchange of Thailand for 49.25 baht each, reaping capital gains subject to tax.

On Feb 26, 2010, the Supreme Court ordered the seizure of Thaksin's assets on its ruling that the siblings were mere proxies holding the shares for him. In December that year, the Central Tax Court ordered the withdrawal of the tax appraisals of Mr Panthongtae and Ms Pinthongta, citing the Supreme Court's ruling that the siblings were Thaksin's proxies.

The Attorney-General's Office advised the Revenue Department not to appeal against the Central Tax Court's order. On March 17, 2011, the Revenue Department decided not to appeal, a decision that two months later was acknowledged by the Finance Ministry. However, the ministry directed the department to the "bona fide share owner" to properly appraise the tax owed from the sale.

The source said Sunday that tax collection demands have been issued to everyone who owes state taxes. Thaksin reserves the right to appeal the demand within 30 days of receiving the notification. If the appeal is lodged, the department will form a panel to consider it. Should the panel throw out the appeal, Thaksin can take the case to the Central Tax Court.

The cabinet on March 14 resolved to issue the tax notification to Thaksin following talks with various agencies, including the Finance Ministry, the OAG, and the National Anti-Corruption Commission.

http://www.bangkokpost.com/news/poli...y-b16bn-in-tax

[Mid]

and just like that 17 becomes 16 .....................

what's a billion bhat among friends

[S Landreth]

Revenue Department in Thaksin tax grab funk

The government's chances of taxing former prime minister Thaksin Shinawatra over his sale of the family's stake in Shin Corp are slim, according to a Revenue Department source.

The source said the department has decided to exercise Sections 820 and 821 of the Civil Code to levy Thaksin over the deal.

On Feb 26, 2010, the Supreme Court ordered the seizure of Thaksin's assets on its ruling that his children -- Mr Panthongtae and Ms Pinthongta -- were mere proxies holding the shares for him.

In December that year, the Central Tax Court ordered the withdrawal of the tax appraisals of the siblings who sold the shares and gained nearly 16 billion baht, citing the Supreme Court's ruling that the siblings were Thaksin's proxies.

According to the source, in a letter sent in 2007, the department demanded Mr Panthongtae and Ms Pinthongta pay the tax based on the Civil Code, in effect asking Thaksin to pay.

However, the source expressed doubts Thaksin would be liable to pay the tax, saying the Revenue Code may actually prove a barrier to proceedings in this case.

He said according to Section 61 of the Revenue Code, officials are only allowed to assess taxes from people whose names appear in important documents showing they are owners of properties which generate assessable income.

The official names mentioned in the documents of this case are Mr Panthongtae and Ms Pinthongta.

The deal concerns Thaksin's adult children, Mr Panthongtae and Ms Pinthongta, who bought 329 million Shin Corp shares at a price of one baht each from Ample Rich, an offshore holding company controlled by the Shinawatra family.

The pair later sold the shares in their name to Temasek through the Stock Exchange of Thailand for 49.25 baht each, reaping a capital gain of nearly 16 billion baht.

The government has ordered the department to expedite efforts to collect an estimated 16 billion baht in tax and fines from the former premier over the deal before the statute of limitations of the case expires by March 31.

The department on Monday sent a letter to Thaksin for the tax assessment, the start of a new 10-year statute of limitation.

Pheu Thai Party lawyer Ruangkrai Leekitwattana submitted a letter on Monday to the Revenue Department warning that it could end up violating the National Anti-Corruption Commission's (NACC) law on abuse of power if they collect the tax from Thaksin over the matter.

Mr Ruangkrai said the sale of shares on the stock market is not subject to tax, and that should be the end of it.

Got to be a way: http://m.bangkokpost.com/news/politi...acebook.com%2F

[S Landreth]

Tax bill posted at Potjaman's house

Revenue officials have put up a 17.6-billion-baht tax bill in front of Khunying Potjaman na Pombejra's house, demanding her former husband Thaksin Shinawatra pay taxes on the Ample Rich share sale deal.

The officials from Bangkok's Bang Phlat Revenue Office, together with a duty officer at the district police station, went to Khunying Potjaman's residence on Charan Sanitwong Soi 69 at around 11.30am.

The house is Thaksin's address in the official Interior Ministry's database. The couple divorced in late 2008 after 32 years.

The Revenue Department's Form Por Ngor Dor 12 dated Tuesday demanded that Thaksin pay 17,629,585,191 baht in back taxes, fines and additional fees in compliance with a tax law requiring a tax re-assessment be done within 10 years. In this case, the statute of limitations ends on Thursday.

If Thaksin disagrees with the assessment, he may appeal to the tax appeals committee within 30 days from the date he receives the notice.

If he is still not happy with the committee's decision, he may appeal to the tax court within 30 days.

If Thaksin fails to appeal through this process, the department will start collecting the taxes immediately by seizing Thaksin's assets.

http://www.bangkokpost.com/news/poli...otjamans-house

[Mid]

Good grief , the depths of desperation must surely be close

[S Landreth]

Formal notice served on Thaksin to pay 17 billion baht in tax and fine

http://englishnews.thaipbs.or.th/for...baht-tax-fine/

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Thaksin to appeal B17.6bn tax demand

Former prime minister Thaksin Shinawatra will appeal the Revenue Department's decision to collect 17.6 billion baht in taxes from the Shin Corp share sale deal, according to his legal adviser.

Noppadon Pattama said Tuesday that Thaksin has appointed a team of lawyers to fight the case and that the team will lodge an appeal with the department's appeal committee.

He was speaking after a tax notice was put up in front of the house of Thaksin's former wife, Khunying Potjaman na Pombejra.

Officials from Bangkok's Bang Phlat Revenue Office went to her residence on Charan Sanitwong Soi 69 Tuesday morning and posted the notice on her front gate. Duty officers at the district police station also witnessed the notice being put up, sources said.

The house is still officially listed as Thaksin's address in the database of the Interior Ministry despite the couple divorcing in late 2008 after 32 years of marriage.

Dated Tuesday (March 28), the Revenue Department's Por Ngor Dor 12 form demands Thaksin pay 17.6 billion baht in back taxes, fines and additional fees in compliance with a tax law requiring a tax re-assessment be wrapped up within 10 years.

In this case, it was done before the statute of limitations on the case ends tomorrow.

Mr Noppadon said the appeal will be filed within 30 days, as required by law.

Procedures dictate that if the appeal committee stands firm on the tax-collection demand and the former premier is still not happy with the decision, he may appeal to the tax court within 30 days.

As the tax-demand notice was officially served, no one in the house came out to acknowledge it, according to a Revenue Department source. Mr Noppadon said that because the shares were sold on the stock market the proceeds should incur taxes.

As the case has already expired, despite authorities saying otherwise, Thaksin plans to proceed with legal action against them for dereliction of duty, he added.

"Does this action respect the rule of law?" he said.

Chaikasem Nitisiri, a legal representative of the Pheu Thai Party, said both the department and the court have laid the issue to rest. He referred to earlier decisions by the department and Central Tax Court not to pursue the taxes from Thaksin's children Panthongtae and Pinthongta.

They stand accused of acting as proxies for their father by holding Shin Corp shares they had acquired from Ample Rich at a heavily discounted price and reselling them to Singapore's Temasek through the Stock Exchange of Thailand for a huge profit, subject to tax, back in January 2006. Ample Rich is a British Virgin Islands company founded by Thaksin.

Mr Chaikasem said that going after the tax runs counter to national reconciliation efforts the government was trying to build. However, Prime Minister Prayut Chan-o-cha insists they are separate issues.

Where the law dictates taxes must be collected from earnings, the state authorities must act accordingly, the premier said. It would be misguided to try and lump this together with the reconciliation issue.

"Are we to assume that for the sake of reconciliation, we must let go of righting past wrongs?" he said.

He has avoided invoking the all-powerful Section 44 of the interim charter to deal with the Thaksin tax issue as it is one that can be handled through regular legal channels.

http://www.bangkokpost.com/news/poli...6bn-tax-demand

[S Landreth]

Thaksin sues 'Thai Post' columnist, TNews

Thaksin Shinawatra has filed defamation and computer crime suits against a Thai Post newspaper columnist and a news agency.

Chumsai Sriyapai, Thaksin's lawyer, filed charges against the writer by the pen name Pleoi Si-ngern at the Thai-language daily with the Technology Crime Suppression Division on Thursday, accusing him of defamation and breaking the computer crime law.

Mr Chumsai said Pleoi wrote in his "Plai Soi" column published on March 27 in the newspaper and on its website that Thaksin intentionally evaded the tax on the Shin Corp share deal.

The columnist also accused revenue officials of taking Thaksin's orders when they did not assess and collect the tax.

"This is not true. They did not do it because the deadline had passed and it could not be done," he said.

Mr Chumsai said Thaksin also pressed similar charges against TNews for accusing him of being part of the Wuthipong "Kotee" Kochathamakun group and Charupong Ruangsuwan.

The fugitive ex-prime minister also sought legal action against those involved including the owner of the "Prach Samsi" Facebook, who had allegedly started the accusations.

http://www.bangkokpost.com/news/gene...olumnist-tnews

[S Landreth]

Thaksin appeals 17.6 billion baht back tax bill

http://englishnews.thaipbs.or.th/tha...back-tax-bill/