Abstract:
This research study the conceptual ideas and legal intent of the revenue law particularly in the area concerns a tax unit called "an ordinary partnership or a non-juristic body of persons". Moreover, the study comparatively explores the relationship and differences between the ordinary partnership and a non-juristic body of persons under the provisions of the Revenue Code. At the letter part of this work focuses on several tax issues arise out of either tax unit. The views from both taxpayers and tax collectors are fully covered. From the study, it shows that the ordinary partnership or a non-juristic body of persons has often been abused by taxpayers primarily with an aim to manipulate tax burden. Such a manipulation affair certainly has serious repercussion to the amount of tax collection and consequently distorts the tax system as a whole as not only because it goes against the intent of tax law - abusing the tax unit to minimize tax burden, but also because it is obviously tax evasion. Although the Revenue Code has several anti-abusive measures to deal with such cases, they are in fact insufficient and inefficient. Accordingly, this research proposes that the Revenue Department shall redefine the term and characteristic of the ordinary partnership and a non-juristic body of persons so as to close any possible loopholes which is. Therefore, the study proposes the following anti-abusive measures. 1) 1) The Revenue Code should grant to the Director General the power to regulate the terms and characteristics of an ordinary partnership or a non-juristic body of persons by way of amendment Article 39, An establishment of an ordinary partnership or a non-juristic body of persons shall comply with the intention of corporate and follow the terms, procedures and conditions provided by the Director General" 2)The Revenue Code should clearly separate an ordinary partnership or a non-juristic body of persons and should provide about tax liability differently. 3)An amendment should be made to section 47(6) that "a Thai residency who is an individual person partner in the ordinary partnership or an individual person in the group of persons shall be entitled to tax allowance of 30,000 baht and not more than 60,000 baht , unless such individual has already enjoyed the right under (1)(a). In this case, he shall no longer be entitled to this allowance 4)An ordinary partnership or a non-juristic body of persons shall be provided with tax identification number different from that of a non-juristic body of persons. 5)Non-juristic body of persons exclusively exempted from tax or shall be liable to a flat tax rate. 6)The competent authority shall apply the laws and enforcing them rigorously those with criminal charges. 7)The law shall provide with ware tax incentive.