The Protection of Taxpayers’ Rights: Proposals for the Establishment of a Thai Taxpayers’ Charter

Main Article Content

Kedsaraporn Panngam

Abstract

The Revenue Department of Thailand aims to develop the tax administrative system with the objective of reinforcing tax compliance. The taxpayer’s perceptions of the fairness of a tax system and the protection of taxpayer rights are important drivers of voluntary tax compliance behavior of taxpayers. A Taxpayers’ Charter is an initiative to enhance the fairness of a tax system and can be a major means to protect the rights of taxpayers more effectively. This research article provides proposals for formulating a Thai Taxpayers’ Charter by using the basic taxpayer rights introduced by the OECD and the Taxpayers’ Charter of other countries as well as the Model Taxpayer Charter published by AOTCA CFE and STEP as a framework for the study. The article outlines the basic content of the Charter, the rights of taxpayers that should be elaborated into the Charter, the form of the Charter and the mechanism for supervising and evaluating the performance of the tax authority against the Charter.

Article Details

How to Cite
Panngam, Kedsaraporn. “The Protection of Taxpayers’ Rights: Proposals for the Establishment of a Thai Taxpayers’ Charter”. Naresuan University Law Journal 14, no. 2 (December 25, 2021): 159–189. Accessed May 5, 2024. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/254097.
Section
Research Articles

References

Australian Taxation Office. “Taxpayers’ Charter – What You Need to Know.” Last modified December 3, 2020. Accessed January 20, 2021. https://www.ato.gov.au/About-ATO/Commitments-and-reporting/Taxpayers--Charter/Taxpayers--Charter---what-you-need-to-know.

Bentley, Duncan. “Formulating a Taxpayers’ Charter of Rights: Setting the Ground Rules.” Australian Tax Review 25, no. 3 (1996): 97-115.

Bentley, Duncan. “Taxpayer Rights in Australia Twenty Years after the Introduction of the Taxpayers’ Charter.” eJournal of Tax Research 14, no. 2 (2016): 291-318.

Bentley, Duncan. “The Significance of Declarations of Taxpayers’ Rights and Global Standards for the Delivery of Tax Services by Revenue Authorities.” Paper presented at the International Symposium on Japan’s Tax Reform, The National Forum for Structural Tax Reform, June 2002.

Cadesky, Michael, Ian Hayes, and David Russell. Towards Greater Fairness in Taxation: A Model Taxpayer Charter, Preliminary Report. UK: AOTCA, CFE and STEP, 2013.

Cadesky, Michael, Ian Hayes, and David Russell. “Towards Greater Fairness in Taxation: A Model Taxpayer Charter (AOTCA, CFE and STEP, 2015).” Accessed December 15, 2020. http://www.taxpayercharter.com.

Cadesky, Michael, Ian Hayes, and David Russell. “Towards Greater Fairness in Taxation: A Model Taxpayer Charter, Survey of Taxpayer Rights and Responsibilities, (AOTCA, CFE, and STEP, 2015).” Accessed December 15, 2020. http://www.taxpayercharter.com/page.asp?id=12.

Centre for Tax Policy and Administration, Organisation for Economic Co-operation and Development. “General Administrative Principles – GAP001 Principles of Good Tax Administration – Practice Note.” May 2, 2001.

Centre for Tax Policy and Administration, Organisation for Economic Co-operation and Development. “General Administrative Principles – GAP002 Taxpayers’ Rights and Obligations – Practice Note.” August 2003.

Centre for Tax Policy and Administration. “Information Note: Understanding and Influencing Taxpayers’ Compliance Behaviour.” Information Note, Forum on Tax Administration: Small/Medium Enterprise (SME) Compliance Subgroup Organised by the Organisation for Economic Co-operation and Development, November 2010.

Commissioner of Taxation, Australian Taxation Office. Annual Report 2019 - 2020.

D’Ascenzo, Michael. “It is the Community’s Tax System.” Journal of the Australasian Tax Teachers Association 2, no.1 (2006): 9.

Her Majesty’s Revenue and Customs. “Our governance.” Accessed January 20, 2021. https://www.gov.uk/government/organisations/hm-revenue-customs/about/our-governance#customer-experience-committee.

Her Majesty’s Revenue and Customs. “The HMRC Charter.” Accessed February 15, 2021. https://www.gov.uk/government/publications/hmrc-charter/the-hmrc-charter.

Income Tax Department, Government of India. “Taxpayers’ Charter.” Accessed February 15, 2021. https://www.incometaxindia.gov.in/Documents/taxpayer-charter.pdf.

Inland Revenue Department, Government of Hong Kong Special Administrative Region of the People’s Republic of China. Inland Revenue Department Annual Report on Performance Pledge 2020 - 2021.” Inland Revenue Department, Government of Hong Kong Special Administrative Region of the People’s Republic of China. “Taxpayers’ Charter.” Last modified April 8, 2021. Accessed February 15, 2021. https://www.ird.gov.hk/eng/abo/tax.htm.

Inspector-General of Taxation, Australian Government. Review into the Taxpayers’ Charter and Taxpayer Protections (Research Report). Inspector-General of Taxation, 2016.

Organisation for Economic Co-operation and Development, Committee on Fiscal Affairs, Working Party No. 8. Taxpayers’ Rights and Obligations: A Survey of the Legal Situation in OECD Countries. Paris: OECD Publications and Information Center [distributor], 1990.

Owens, Jeffrey. “Taxpayers’ Rights and Obligations.” The OECD Observer 166 (1990): 17-20.

Revenue Department. “Strategic Plan of the Revenue Department for the Fiscal Year 2020 – 2022.” [In Thai]

Sawyer, Adrian J. “A Comparison of New Zealand Taxpayers’ Rights with Selected Civil Law and Common Law Countries – Have New Zealand Taxpayers Been “Short-Changed”?.” Vanderbilt Journal of Transnational Law 32, no. 5 (1999): 1345-1400.

Young, Ian. “Taxpayer Rights and the Role of a Taxpayers’ Charter.” Tax Notes International 87, no.10 (2017): 991-995.