Thailand: Tax Court to gain authority over criminal cases in tax and customs matters

In brief

On 16 July 2024, the Cabinet approved the Bill for the Establishment of the Tax Court and Procedures for Tax Cases (No. …) B.E. … (prosecution of Criminal Tax Cases) ("Bill"), which extends the exclusive jurisdiction to the Tax Court to try criminal cases related to tax and customs, in addition to its existing civil case responsibilities. The Office of the Council of State has reviewed the Bill and acknowledged the plan for drafting accompanying secondary laws, including the timeframe and main content of the laws and regulations to be issued under the Bill. The Judicial Administration Committee has also approved this Bill.


Contents

In more detail

Currently, the Tax Court handles only civil matters related to tax and customs, while criminal tax cases are prosecuted in other courts, such as the Criminal Court. The Bill aims to extend the authority of the Tax Court to exclusively consider criminal cases related to tax and customs. This includes amending the tax litigation procedure to allow for the prosecution of both civil and criminal cases in a single court, rather than separately in different courts. The Bill also includes provisions stipulating that if a party fails to appear at the Tax Court as scheduled in non-criminal tax cases, it is that party's responsibility to check or be informed of the next appointment.

For any criminal cases that fall under the Tax Court's jurisdiction but are pending in other courts before the Bill comes into force, the court where the cases are pending will retain authority to consider and adjudicate the cases until they are final.

This proposed expansion of the Tax Court's jurisdiction represents a significant advancement toward a more streamlined and specialized judicial process for tax and customs matters in Thailand. By consolidating civil and criminal cases within a single court, the government aims to enhance legal efficiency, reduce procedural delays, and ensure more consistent and expert adjudication of tax-related disputes. This move is expected to improve the overall effectiveness of tax law enforcement and provide better protection for all parties involved.

If you have any questions, please feel free to contact us.


Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.