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BUSINESS

Flip-flop on treatment of exports of services

Business, Lawalliance Limited Company, Published on 17/10/2017

» Trying to prove an export of services is quite elusive in respect of time and place, and different parties have different views on what should be considered as exportation for tax purposes. For this reason, the number of problems encountered in applying zero-rated value-added tax (VAT) to services has reached epic levels.

BUSINESS

Ensure fair and just audits and avoid abusive taxation

Business, Lawalliance Limited Company, Published on 05/09/2017

» The Revenue Code provides various tools to tax officials to ensure that taxes can be collected with a high level of efficiency. These tools can serve as a double-edge sword, ensuring tax compliance while also imposing punishment on defaulting taxpayers.

BUSINESS

Choosing between a tax appeal and a tax refund

Business, Lawalliance Limited Company, Published on 19/09/2017

» You may be surprised to learn that some people do not always claim the preferable tax treatment offered by the government. This is not a surprise to those of us who deal with taxation professionally, as some tax officials interpret the law narrowly and impose extra conditions to prevent abusive transactions based on their understanding or attitudes.

BUSINESS

Deductibility of guaranteed amounts by fund sponsors

Business, Lawalliance Limited Company, Published on 03/10/2017

» Property funds have long been popular with investors in Thailand, where the mutual-fund structure is being phased out and funds are being converted to real estate investment trusts or REITs. Raising funds from investors through such vehicles often involves a guarantee from the originator to increase confidence in the investment. This can be the starting point for problems on the tax front.

BUSINESS

The importance of the effective date in tax laws

Business, Lawalliance Limited Company, Published on 08/08/2017

» The government of Prime Minister Prayut Chan-o-cha has passed a number of tax laws and regulations -- far more than its predecessors in the previous decade of political turmoil -- since coming to power in 2014. Keeping track of the enforcement of these new rules is complicated, as some have retroactive effect and some grant grace periods.

BUSINESS

Determination of Section 40(8) income

Business, Lawalliance Limited Company, Published on 22/08/2017

» The government recently introduced a tax incentive programme to encourage individuals, including ordinary partnerships and groups of persons, to reorganise their businesses and operate them in the form of a company limited or a juristic partnership. This would make it easier to screen them for tax compliance, given the need to prepare statutory accounts.

BUSINESS

Understanding the tax liabilities of partners in an unincorporated joint venture

Business, Lawalliance Limited Company, Published on 27/06/2017

» In doing business via a joint venture, knowing the tax implications could help you avoid potentially perilous situations. This includes understanding corporate laws that may affect the tax liabilities of the partners.

BUSINESS

Changing rules for applying foreign tax credits

Business, Lawalliance Limited Company, Published on 12/07/2017

» One of the original principles outlined in the OECD Model Tax Convention is that no taxpayer should be taxed repeatedly on the same amount of income earned from a cross-border transaction. This situation is referred to as "juridical double taxation" -- where income is subject to taxes under the jurisdictions of more than one state.

BUSINESS

Tax issues and business transfers: the devil is in the details

Business, Lawalliance Limited Company, Published on 25/07/2017

» Ever since tax incentives for business reorganisation were introduced two decades ago, different issues have arisen intermittently, especially as they relate to an entire business transfer (EBT), which has become a popular practice.

BUSINESS

Your RMF and the law: keep all your papers in order

Business, Lawalliance Limited Company, Published on 30/05/2017

» The great economist Adam Smith once outlined four canons of taxation, one of which is certainty, or as he put it: "The tax which each individual is bound to pay ought to be certain and not arbitrary." This means that where the law denotes what tax should be collected from the taxpayer, there should be no interpretation required to expand the scope of the tax to be collected.