Abstract:
The problems of the taxes collection from the transnational companies is the stipulation on Transfer Pricing. Thailand and all countries in the world foresee the meaning of the International Tax Avoidance which is increasing each day. These companies are expanding their business in different countries and benefit from tax avoidance while in some countries the taxation laws are outmoded or uncovered which lead to the loss of a huge income.
Since the Revenue the State Power to collect taxes, it is necessary that the management of the transnational companies tax collection should be managed more efficiency. Even the Revenue Code is occasionally revised, its still not fully cope with various methods of the International Tax Avoidance.
The Revenue Department is well aware of these problems and issued an order No. P.113/2545 concerning the estimation of income tax of the companies or partnership in case of the Transfer Pricing according to the market prices dated May 16th, 2002. Such an order is designed to solve the problems and protect the transnational companies to strictly follow to the order accordingly. However, it is not easy to implement because the prices calculation and the prices comparision are based on the facts and reasons consorting to the real business environment. It is necessary that the Transnational Business must show their own market prices or their own commercial prices without any subtlety otherwise the estimators will be difficult to certify the Transfer Pricing.
Following the research have found that the order from the Revenue Department No. P.113/2545 is not imperative in practice. When the tax payers could not prove the market prices, the estimators are entitled to use their judgment to recourse to should be Code Section 65 bis and Section 65 ter instead. Hence the market prices are uncleared, the international principle of quoting the Arms Length Prices under OECD should be applied and the market pricing method is not appropriate for their intellectual properties. Additional principle and method should be made to enable the prices comparision to be covered efficiently.
The researcher suggests enacting additional provisions of the Revenue Code on the income tax of the companies or partnerships based on the market prices . And the market prices comparision method should be properly included for fair market prices quoting applicable to the tax payers in Thailand by officials concerned.