Abstract:
Hire of work is very various according to its definition under the Civil and Commercial Code of Thailand; therefore, the income tax imposition needs to be proper for assessable income from hire of works manner, especially, the income tax system depending on the classification of assessable income.Nowaday, section 40 of the Revenue Code classify assessable income from hire of work into 3 types of assessable income; assessable income derived from performance of work (same as hire of work), Assessable income from liberal professions and assessable income derived from a contract of work where the contractor has to provide essential materials besides tools.Moreover, according to the Supreme Court Decision 5422/2536 along with the Revenue Department Decision, there are two more types of assessable income from hire of work; assessable income from hire of work with high value of changes and assessable income from hire of work under the Revenue Department rules. The later assessable income can be changed assessable income from hire of work under section 40(2) of Revenue Code into assessable income under section 40(8) of the Revenue Code, for example, assessable income from actors/actresses, assessable income from insurance agent and assessable income from a job similar to insurance agent.Because of the assessable incomes from hire of work are classified in various types by the classification of assessable income under the Revenue Code, the Supreme Court Decision and the Revenue Department Decision, there are problems against tax equality principle, Good Tax Criteria and Principle of Legality. Moreover, these problems also affect changes deduction, withholding tax and income tax calculation for couple.In conclusion, these above problems need to be solved by analyzing income tax system, legal principles and the classification of assessable income under foreign law for the most appropriate classification of assessable income from hire of work in Thailand