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Thaksin off hook for 17 billion baht in back taxes

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From MSN

The Central Tax Court has ruled in favour of former prime minister Thaksin Shinawatra by revoking the Revenue Department’s order for him to pay about 17 billion baht in tax over the 2006 sale of a stake in Shin Corp. The ruling was issued by the court on Monday.

On July 18, the court ruled that the department’s summoning of Thaksin’s children, Panthongtae and Pintongta, for a tax assessment under Section 19 of the Revenue Code was unlawful as both siblings were only proxies holding shares for him, it said.

The Revenue Department should have summoned Thaksin for the tax appraisal, but it failed to do so before a deadline, the court said.

Moreover, the transaction did not constitute a change of share ownership in Shin Corp, thus Thaksin remained the share owner and he was not liable to pay tax under Section 39 and Section 40(2) of the Revenue Code.

As a result, the tax assessment by revenue officials and the committee set up to review Thaksin’s appeal was unlawful.

The court ruled to revoke the department’s Por Ngor Dor 12 form demanding a 17.6 billion baht back tax payment.

However, the court said the officials had acted within their jurisdiction and were not held for liability.

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