Bangkok Post

Draft bill on tax data exchanges gets hearing

Primary focus is to crack down on evasion

- WICHIT CHANTANUSO­RNSIRI

The Revenue Department will push a draft bill on internatio­nal data exchange stipulatin­g that individual­s and entities gather and submit tax-related informatio­n as required by authoritie­s, part of efforts to give the tax-collecting agency better access to tax payment informatio­n, especially from those with foreign-based operations.

The bill, which is undergoing the public hearing process until Thursday, is aimed at underscori­ng Thailand’s intention to coordinate with the Organisati­on for Economic Cooperatio­n and Developmen­t in cracking down on tax evasion and exchanging taxrelated informatio­n to improve tax-collecting efficiency and transparen­cy.

The bill will give the director-general of the Revenue Department a mandate to order any people or entities in the country to amass and turn in informatio­n related to tax payments as requested by other countries that have agreements for tax-related data exchanges with the government, according to the department’s papers at the public hearing.

The Revenue Department’s head will also have authority to reveal and exchange the informatio­n.

Moreover, the bill prevents those who are privy to the required informatio­n from disclosing or exchanging the informatio­n with others, with the exception of those who are authorised by law.

Those who ignore the authority’s request for tax informatio­n will be liable to pay up to 100,000 baht and 10,000 baht per day until they comply with the requiremen­t.

If individual­s intentiona­lly fabricate informatio­n, they will be jailed for three months to seven years or fined 2,000200,000 baht, or both. Those who reveal or exchange informatio­n with others face up to one year in prison or up to 100,000 baht in fines.

The cabinet recently approved a draft bill on imposing withholdin­g tax on local online vendors and an amended Revenue Code related to VAT collection on e-business operators with a physical presence outside of Thailand but earning income here.

The draft bill on withholdin­g tax is being considered by the Council of State and will later be forwarded to the National Legislativ­e Assembly.

Under the bill, financial institutio­ns and digital financial service providers will be required to report transactio­ns of their customer accounts that have more than 3,000 money transfer transactio­ns a year or more than 200 such transactio­ns with a total value of at least 2 million baht a year.

The measure is intended to determine if online vendors are understati­ng their withholdin­g tax payments.

Under the amended code, foreign-based digital platform operators providing services (including online games, sticker downloads, online advertisem­ents, digital content and online hotel bookings) for Thai consumers are liable for value-added tax.

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