A Study of Law Violations and Punishments of Accounting and Taxation Frauds: Case Studies of Thai Listed Companies

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Chanida Yarana
Pawinee Praithong

Abstract

This research aims to examine current patterns of accounting and taxation frauds of Thai listed companies, to investigate punishments of accounting and taxation frauds, and to study current problems of gap in the law. The results reveal that mostly listed companies in Thailand conducted financial statement frauds which occurred as the main pattern of accounting and taxation frauds of other countries worldwide. The punishments of fraud in accordance with the Thai securities and exchange Act was appropriated since the penalties were higher than those of the Thai Penal Code. The results show that there is no gap in the fraud law in Thailand. However, the law enforcement was ineffective due to the belated evidence investigations. The main reason is that there were complex procedures and multiple organizations regarding fraud investigations in Thailand. In addition, there was no specialist in fraud investigation. This research suggests that the Security and Exchange Commission of Thailand should be emphasized more empowerment to detect and enforce fraud misconducts. Also, there should be an independent organization such as forensic accounting department to directly detect and investigate accounting and taxation frauds in Thailand.

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How to Cite
Yarana, Chanida, and Pawinee Praithong. “A Study of Law Violations and Punishments of Accounting and Taxation Frauds: Case Studies of Thai Listed Companies”. Naresuan University Law Journal 12, no. 2 (December 25, 2019): 143-165. Accessed February 20, 2020. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/215262.
Section
Research Articles

References

Amidu, Mohammed, William Coffie, and Philomina Acquah. “Transfer Pricing, Earning Management and Tax Avoidance of Firms in Ghana.” Journal of Financial Crime 26, no.1 (2019): 235 – 259.

Eichenwald, Kurt, and Matt Richtel. “Enron Trader Pleads Guilty to Conspiracy.” The New York Times [consultado 18 Oct 2002], Accessed April, 15 2018, https://www.achlaw.com/articles/NYTimes_10-18-2002.pdf.

Hashimzade, Nigar, Zhanyi Huang, and Gareth D. Myles. “Tax Fraud by Firms and Optimal Auditing.” International Review of Law and Economics 30, no.1 (2010): 10 – 17.

Napat Tangwiwat. A Guideline and Preparation of the Revenue Department of Thailand towards Transfer Pricing Law, Personal Report Presented to the Development of New Change Managers, 9th Generation, B.E 2560. Bangkok: Office of the Public Sector Development Commission (OPDC), Institute for Good Governance Promotion, 2017. [in Thai]

Patarapong Charoenjarukorn. “Sarbanes-Oxley Act and Corporate Governance from foreign to Thailand.” Chulalongkorn Business Review 35, no.138: 92 – 119. [in Thai]

Perelberg, Rosine Jozef. Freud: A Modern Reader. New Jersey: John Wiley & Sons, 2008.

Pornchai Kantee. Criminological Theory: Principle, Research and Policy Implication. Bangkok: Aable & Primpton, 2010. [in Thai]

Somchai Supathada. Forensic Accounting. Bangkok: Chulalongkorn University Publisher, 2019.

Sulik-Górecka, Aleksandra. “Dilemmas of Transfer Pricing Comparability analysis in Manufacturing Entities Polish-Czech Case Study.” Management Systems in Production Engineering 26, no.2 (2018): 76-82.

Sumonthip Jitsawang. “Instruction document of Criminology and Criminal Justice.” Accessed December 10, 2015. https://www.polsci.chula.ac.th/sumonthip/buscri-reason.htm. [in Thai]

Sutherland, Edwin H., Donald R. Cressey, and David F. Luckenbill. Principles of Criminology. United State of America: Altamira Press, 1992.

Sutherland, Edwin Hardin. White Collar Crime. New York: Dryden Press, 1949.

Weerapong Bunyopas. Economic Crime. Bangkok: Nititham Publisher. [in Thai]

Zhu, Jinyu, and Simon S. Gao. “Fraudulent Financial Reporting: Corporate Behavior of Chinese Listed Companies.” Research in Accounting in Emerging Economies 11, no.1 (2011): 61-82.

Zimbelman, Mark F., Conan C. Albrecht, Steve W. Albrecht, and Chad O. Albrecht. Forensic Accounting. 4th ed. Canada: International Edition, South-western Cengage Learning, 2012.