Abstract:
It finds from the research that under the current legal requirement different types of corporate bodies are required to comply with different semi-annual tax filing procedures. In other words, those of limited companies are required to give estimation at semi-annual period and file semi-annual tax accordingly while those of listed companies, commercial banks, financial institutions and credit-fonciers can conclude their semi-annual tax based on their 6 months actual net profits. This finding has certainly given rise to the question of fairness of taxation. Accordingly, this thesis recommends an amendment to the present requirement provided under the Revenue Code and rewrite it as follow. 1. An amendment to S.67 Bis of the Revenue Code is as follow S. 67 Bis For the purpose of bi-annual tax collection under s.68, a company or limited partnership with registered capital fully paid of more than 5 million baht and having gross income from the sale of goods or provision of services within the relevant accounting period of more than 30 million baht shall compute and pay tax on the basis of net profits from the first six months transaction following the conditions provided under s. 65 Bis and 65 Tri then submit tax form specified by the Director General and pay tax at the tax office within two months from the last day of the first six month period. Tax paid in the aforementioned paragraph shall be treated as a credit against tax to be paid under s.68 The first paragraph shall not apply to the case involving a company or limited partnership with the first accounting period or last accounting period less than twelve months. 2. Amendment to S. 67 Tri of the Revenue Code is as follow S. 67 Tri In case that a company or limited partnership fails to file tax return and pay no tax or file tax return and pay tax under s. 67 Bis incorrectly, a company or limited partnership shall be subject to penalty charge of 20% of the tax to be paid under s. 67 Bis or of the unpaid tax as appropriate. Penalty charge under paragraph 1 shall be treated as tax charge but can be reduced by the Director General Ordinance permitted by Finance Minister.