Abstract:
This research is concerning to study of rule, procedures, conditions, conception and spiritual of Tax Law according to Article 47 (1) (j) of the Revenue Code which is designated the allowance from maintaining taxpayers ascendant or his/her spouses ascendant. However, the Notification of Director No. 136 additionally provided that the mere allowance give the right only for legitimate child. This designation contradicts to and extends the provision of the Revenue Code which limit the right to deduction of adopted child. The result of this research indicates that the allowance from ascendant maintaining is arisen in light of the conception to persuade people to maintain their senile parent and to relieve tax burden for maintainer. This measure is used in many countries such as Australia, Singapore and United State of America, which base mainly upon the substantially maintenance. In Thailand, concerning to the public hearing in drafting of the related law and the consideration of the Parliament, this measure is established for the purpose of bringing the maintenance for senile parent. Therefore, that right should be given for maintainer who both legitimate child and adopted child. But the Notification designated that child must be legitimated children which the meaning of legitimate child and adopted child in the Revenue Code is difference. Moreover the definition of child in Family Law cannot be used in the Revenue Code. Therefore, the Notification is not harmonize with the model law and its spirit that causing to limit the right and unfairness for adopted child. Moreover it is not support the idea of persuading people to maintain the senile parent. This causing effect to the burden for maintenance senile citizen is still belonging to the government. Consequently, the Revenue Department should amend the Notification to allow the adopted child who maintains his/her adopted parent can get this allowance and for this purpose, every child who contributes to maintain their parent shall receive the allowance pro rata (with proportion) of maintaining expenditures.