Page 19 - kpiebook62008
P. 19

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               B.E.2539,  the  Establishment  of  Tax  Courts  and  Tax  Procedure  Act  B.E.  2528,  the

               National  Strategy  Establishment  Act  B.E.2560  and  the  National  Reform  Plan  Act


               B.E.2560.


                       Because  the  Constitution  of  the  Kingdom  of  Thailand  B.E.  2560  does  not

               specify  the  rights  of  taxpayers  particularly,  there  is  a  problem  that  it  may  not

               emphasize the rights of taxpayers adequately which leads to balance between duties


               and rights of taxpayers. In order to create a balance between duties and rights of

               taxpayers, it is necessary to study the taxes’ concepts and theories i.e. principles of

               tax  legality,  principles  of  tax  equality,  principles  of  good  tax  management,

               proportionality  principle,  transparency  in  taxation  and  principles  of  controlling

               collection and use of tax. Furthermore, we need to study on examples of balancing


               duties and rights of France and United State of America in order to analyze and find

               suitable ways for Thailand.


                       Although Thailand has a reasonable balance of duties and rights of taxpayers

               but there are still problems with protection of taxpayers' rights in formulating state


               policies,  tax  legislation,  taxpayers’  understanding  on  tax  assessment  process,

               argument process against tax assessments, as well as control of the collection and

               use of tax. Accordingly, Thailand needs to set up appropriate ways to balance the

               duties and rights of taxpayers.
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