The Application of Tax Laws as Measures for the Suppression of Corruption

Main Article Content

Nitibhat Homla-or

Abstract

Corruption remains unsolvable problem in Thailand as the current criminal sanction is proven to be insufficient to tackle this problem, which continues to affect and repress Thailand’s economic development.
This research finds that (1) corruption is an economic crime where (2) criminal’s motive to illegally seize pecuniary benefits from others, (3) cannot be disincentivized by punishment through fines and forfeiture of property. Hence, (4) imposing tax measures, such as treating any kind of gratification as taxable income, can significantly increase the cost of corruption, (5) criminal procedures on alleged corruption remain subjected to intervention, and (6) whistleblowers are reportedly threatened by alleged wrongdoers. Therefore, responsible government agencies and the Thai Revenue Department should cooperate to strictly enforce both criminal and tax sanction, so Thailand can restore its losses of fiscal budget and promote law obedience and social justice.

Article Details

How to Cite
Homla-or, Nitibhat. “The Application of Tax Laws As Measures for the Suppression of Corruption”. Naresuan University Law Journal 16, no. 1 (June 20, 2023): 119–150. Accessed May 11, 2024. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/259900.
Section
Research Articles
Author Biography

Nitibhat Homla-or, Faculty of Law, Naresuan University, 99, Moo 9, Thapho, Mueang, Phitsanulok, 65000

Interdisciplinary researcher

References

Ajaz, Tahseen, and Eatzaz Ahmad. “The Effect of Corruption and Governance on Tax Revenues.” The Pakistan Development Review 49, no.4 (2010): 405-417.

Apichat Pansuwan, and Phramaha Boonrod Mahaviro. “The Problem of Corruption in Thai Bureaucracy.” Journal of Social Science and Buddhistic Anthropology 6, no. 8 (2021): 479-492. [in Thai]

Arus Kongrungchok. “The Corruption Behaviors Impacting Deterioration of Instrument Controlling on Good Governance: The Aspect of Local Administration Internal Auditors in South of Thailand.” Journal of Management Sciences Suratthani Rajabhat University 1, no.1: 63–84. [in Thai]

Bancha Sawatphon. “Problems Relating to Principle of Impartial in Fact Inquiry of Public Sector Counter Corruption Officer or Official under the Law on Executive Measures in Counter Corruption.” Master’s thesis, Sripatum University, 2019. [in Thai]

Benjapol Riabroy, Benjapol Riabroy, and Sokatiyanuruk. “Impact of Government Expenditure on Economic Inequality in Thailand.” Journal of Politics, Administration and Law 11, no. 2 (2019): 558-582. [in Thai]

Bilicka, Katarzyna, and André Seidel. “Profit Shifting and Corruption.” International Tax and Public Finance 27, no. 5 (2020): 1051-1080.

Bird, Richard M. “Optimal Tax Policy for a Developing Country: The Case of Colombia.” FinanzArchiv/Public Finance Analysis, no. H. 1 (1970): 30-53.

Bundit Boonyapana.”Requirements Accessing the Value of an Employee’s Free-of-Charge Housing Offered by an Employer in Case of Imposing the Taxable Income Thereof.” Accessed July 7, 2022. https://www.rd.go.th/3611.html. [in Thai]

Chayachot Kamonvijit, and Suriya Hanphichai. “Book Review: Attitudes Political of PuayUngphakorn.” Journal of Humanities, Naresuan University 16, no. 3 (2019): 107-116. [in Thai]

Chinnapak Srisilarux. “Guidelines on the Prevention for Conflict of Interests in Public Procurement: A Case Study of Faculty of Medicine Siriraj Hospital, Mahidol University.” Journal of Professional Routine to Research 7, no. 2 (2020): 1-11. [in Thai]

Collins, Jamie, and Klaus Uhlenbruck. How Firms Respond to Government Corruption: Insights from India, vol. 2004, Academy of Management Proceedings. New York: Academy of Management Briarcliff Manor, 2004.

Demir, Fırat. “Militarization of the Market and Rent-Seeking Coalitions in Turkey.” Development and Change 36, no. 4 (2005): 667-690.

Gottschalk, Petter, and Lars Gunnesdal. “White-Collar Crime Research.” In White-Collar Crime in the Shadow Economy. New York: Springer, 2018.

Jajkowicz, Ondrej, and Agata Drobiszová. “The Effect of Corruption on Government Expenditure Allocation in Oecd Countries.” Acta Universitatis Agriculturae et SilviculturaeMendelianaeBrunensis 63, no. 4: 1251-1259.

Jayawardane, Damayanthi. “Psychological Factors Affect Tax Compliance. A Review Paper.” International Journal of Arts and Commerce 4, no. 6 (2015): 131-141.

Jenkins, Matthew. “Corruption Risks in Tax Administration, External Audits and National Statistics.” Transparency International Anti-Corruption Helpdesk (2018): 1-23.

Jirattikarn Suriya. “Legal Problematic on the Enforcement of Competition Law.”

Master’ s thesis, National Institute of Development Administration, 2013. [in Thai]

Kamonlawat Kajornkittisakulchai.” Legal Problem and Obstacles on Official Corruption Trial Case.” Naresuan Law Journal 4, no. 1 (2011): 97-107. [in Thai]

Kampanart Wongwatthanaphong. “Problems and Obstacles in Complying with the Law on Conflict of Personal and Public Interests of Public Officers.” Journal of MCU Social Science Review 10, no. 2: 250-262. [in Thai]

Kanchanarat Wittayakiatlert, Suksamai Suthibhodee, Boonmee Phunthai, and Sumate Roykulcharoen. “Legal Problems Regarding the Organic Act on Anti-Corruption B.E. 2561 (2018).” Ph.D. in Social Sciences Journal 11, no. 2: 395-410. [in Thai]

Kanyarat Saiphath, and Chintana Tansuwannond.”Measures of Prevention and Solution of Fraud Problems in Thailand’s Agricultural Cooperatives.” Journal of Politics, Administration and Law 12, no. 2 (2021): 285-308. [in Thai]

Luz, Reinaldo Diogo, and Giancarlo Spagnolo. “Leniency, Collusion, Corruption, and Whistleblowing.” Journal of Competition Law & Economics 13, no.4 (2017): 729-766.

Meechai Ruchuphan. “Thai Ombudsman:New Roles under the Constitution B.E. 2560.” Journal of Thai Ombudsman 23, no. 1 (2018): 9-25. [in Thai]

Ndereyimana, Jérôme. “The Improvement of Constitutional and International Law Concerning the Rule of Law: The Impact of Coups D’etat or Unconstitutional Change of Government on International and African Union Law Summary.” Accessed June 10, 2021. http://dx.doi.org/10.2139/ssrn.3702726.

Nutpasi Akmarukean. “Legal Problem Relating to the Corruption Offense Case Study: Conflict of Interest of the Political Office Holder.” Master’s thesis, Faculty of Law, Sripatum University, 2011. [in Thai]

Nuttawat Buathong, and Pornchai Luernshavee. “Legal Issues Regarding the Economic Crime Suppression.” Journal of Research and Development Institute,

Rajabhat Maha Sarakham University 6, no.2 (2019): 273-282. [in Thai]

Ogunleye, Adedeji J., and S. Olanrewaju Adebayo. “Corruption and Development in Nigeria: A Psychological Perspective.” Global Journal of Human-Social Science Research 12, no.9 (2012): 1-7.

Ongkittikul, Sumet, and NichamonThongphat. “Regulatory Coherence: The Case of Thailand.” In Gill, D. and P. Intal, Jr. (eds.), The Development of Regulatory Management Systems in East Asia: Country Studies, ERIA Research Project Report 2015-4. Jakarta: ERIA, 2016.

Pacharadanai Watcharathanapattada, “Factors Affecting Corruption in Local Administrative Organizations.” Journal of politics, administration and law 12, no. 2: 37-54. [In Thai]

Pherm Luangkaew, and Chatchi Ruehan. “Criminal Laws Measures for Systematic Protection against Influencing Networks that Lead to Corruption in the Teacher Savings Cooperative.” Phimoldhamma Research Institute Journal 8, no.2 (2021): 173-184. [in Thai]

Phra Chinnakorn Sucitto. “Righteousness: Solving the Problem of Corruption in Thai Society.” Journal of Interdisciplinary Innovation Review 4, no. 2 (2021): 78-88. [in Thai]

Prachacart Online. “Accumulation of Views toward the Guilt-Free of the Thai Prime Minister on the Ground of Free Housing despite Getting Retired.” Accessed July 7, 2022. https://www.prachachat.net/politics/news-566728. [in Thai]

Preechaya Nakfon. “The Investigation of Policy Corruption.” SWU Social Science Journal 19, no. 19 (2016): 102-121. [in Thai].

Rattaphong Sonsuphap. “Crony Capitalism in Thailand: A Comparative Study

between Sarit –Thanomand Thaksin Regime.” Chandrakasem Rajabhat University Journal 17, no. 32 (2011): 82-89. [in Thai]

Reangsak Wiriyachaiwong. “The Criminal Court for Corruption and Misconduct Cases in Relation Corruption Problems and Solutions.” The National Defense

College of Thailand Journal 60, no. 1 (2019): 24-44. [in Thai]

Suebsakul Kemthong. “Rent Seeking Behavior Case Study: Police Officers working in Police Station, Metropolitan Police Bureau, Royal Thai Police” Journal of Thai Justice System 11, no. 1 (2018): 77-92. [in Thai]

Sunee Hongwiset, and Ritikorn Siriprasertchoke. “Criminal Measures Necessary: Against Corruption Problems in Private Sectors.”Journal of Education and Social Development 13, no. 2 (2017): 102-113. [in Thai]

Sunee Wetprasit, and Phra Suthisanmethee. “Buddhist Education Principles: Benefits for Working People.” Journal of Philosophical Vision 23, no. 1 (2018): 93-101. [in Thai]

Surathin Chaithongkam. “Prescription Criminal Prosecution of Political Position Holders.” Sripatum Chonburi Journal 15, no. 3: 54-63. [in Thai]

Swanepoel, Andries Petrus. “A Financial and Moral Perspective of the Impact of Economic Crime on Taxation.” PhD diss., University of the Free State, 2013.

Tangatikom, Nattapat. “Corporate Criminal Liability for Bribery Offences in Private Sector.” Thammasat Business Law Journal, no.10 (2020): 134-150. [in Thai]

The Department of Correction. “The Department is Going to Seriously Treat Every Inmate in Line with the Human Right.” http://www.correct.go.th/?p=97624. [in Thai]

The Revenue Department. “The Double Tax Treaty between Thailand and England Including North Iceland.” Accessed July 7, 2022. https://www.rd.go.th/2670.html#article11. [in Thai]

Tickner, Peter, and Mark Button. “Deconstructing the Origins of Cressey’s Fraud Triangle.” Journal of Financial 28, no. 3 (2021): 722-731.

Tollison, Robert D. “Rent Seeking.” In The Encyclopedia of Public Choice. New York: Springer, 2004.

Vicha Mahakun. “Policy Corruption and Conflicts of Interest: Gray Corruption.”

Rangsit Journal of Law and Society 1, no. 2 (2017): 1-13. [in Thai]

Wanida Sajapunroj. “Corruption in case of Thailand’s Annual Budject Prepatation.” The Association of Researchers of Thailand 23, No. 2 (2020) 13-17. [in Thai]

Weerasak Paratiwanon “Problems and obstacles for protection of the informant on corruption.” Journal of Pacific Institute of Management Science 1, no.1 (2015): 75-82. [in Thai]

Zhu, Jiangnan. “Do severe penalties deter corruption? A game-theoretic analysis of the Chinese case.” China Review 1, no. 2 (Fall 2012): 1-32.