Abstract:
The thesis emphasizes on the problem of resolving dispute in household and land tax payment made by the owner. Problems and obstacles usually occur because the provision of the Property Tax Act B.E. 2475 has been enforced for a long time. However, the issues about the fairness and propriety of the provisions have been doubt in consistence to the constitution, and the right of the tax payer. There have been some efforts put into amend and adjust the provision of the Property Tax Act B.E. 2475 in order to provide more protection to the tax payer. Having learnt from the study that the provision of the Property Tax Act is unclear which leading the competent officers to use their own understanding rather than the merit of law. Consequently, the officer exercises their authority in assessing tax without appropriate measure to oversee and check the process of assessment result in argument of collecting tax against the tax payer. It appears that the conciliation process to rescind the dispute could not provide fairness to the tax payer. From the study, it has been found that there are two alternatives to resolve the dispute under the Property Tax Act, that are to resolve in the stage of administration according to the Property Tax Act B.E. 2475 and to resolve in the stage of Court proceedings. In resolving dispute in the stage of the administration under the provision of the Property Tax Act B.E. 2475, the tax payer who dissatisfy with the assessment of the officer have to appear the order of assessment within a certain period of time. However, the period provided in the provision of law in somehow was too short which usually prevent the tax payer to be able to submit an appeal on time. Moreover, the appeals have to be submitted to the superior officer of the same government office who by the way would have direct or indirect conflict of interest or bias over the dispute which might not be neutral to the dispute. Furthermore, the combination of the committee members who are appointed by the superior officer to consider the appeal are lack of expertise to the subject involved. The process in consideration of the appeal does not allow the tax payer to present witness and evidence to clarify the issue raised in his appeal. The provision of law has not provided specific period for the committee to complete the consideration of the appeal which they usually take a long time for each case. In resolving the dispute in the stage of the court proceedings require full payment of the tax assessed by the officer before the Court would accept the case. Such requirement has created heavy burden to the tax payer and it is not consistence with the existing constitution which intends to provide accessibility to the justice proceedings to everyone with convenience, time save and the expense. According to the nature of such problem, it has been recommended to reform of the conciliation process both in the stage of the administration and the Court proceedings to be more justify and provide more protection to the right of the tax payer.