THURSDAY, March 28, 2024
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Apisak ‘could invite trouble for inaction in recovering taxes from Shinawatras’

Apisak ‘could invite trouble for inaction in recovering taxes from Shinawatras’

Finance Minister Apisak Tantivorawong may find himself in trouble if he fails to recover taxes from the family of former premier Thaksin Shinawatra, chairman of the State Audit Commisssion Chaisit Trachoetham told The Nation Wednesday. 

Chaisit said that under the Revenue Code, Apisak has the authority to instruct the Revenue Department to restart the tax collection procedure even though the tax collection deadline had passed. 
A Criminal Court last year sentenced senior tax officials to three years in prison for helping Thaksin’s children Panthongtae and Pinthongta evade personal income tax payments arising from the sale of Shin Corporation shares in 2006.
Following the verdict, the auditor-general asked the finance minister to renew the tax charge against Thaksin’s family.
According to the law, tax officials must issue a summons or call up anyone who had filed false or incomplete tax returns for interrogation within five years of the date of filing the tax returns. 
Since the deadline for issuing the summons had passed, tax officials themselves cannot renew the tax case against the Shinawatra family. However, the auditor-general argues that the Finance Minister has the authority to extend the period for issuing summons. If he does so, then tax officials could issue summons to Thaksin or his children for interrogation and demand the taxes from them.
The Finance Ministry’s Tax Commission, however, decided Tuesday that the finance minister has no authority to extend the tax summons deadline. 
Chaisit said the Audit Commission holds a contradictory view and believes that the Revenue Code gives the finance minister the authority to extend a tax deadline. He said the Audit Commission and Tax Commission have different interpretations of the law regarding this case. 
Chaisit warned that Finance Minister Apisak risks action by the National Anti-Corruption Commission for failure to do his duty properly. 
Moreover, Apisak could face a civil lawsuit demanding him to pay compensation for tax revenue losses, he noted.

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