Thailand Tax Refund Claim Period
Tax Insight | November 2014
For many decades in Thailand, the Revenue Code's Section 63, which is a provision that prescribes the period of time in which claims for refunds of excess tax paid shall be made, has caused problems between taxpayers and the Revenue audit officers - taxpayers arguing that their claims are within the time period under Section 27 ter of the Revenue Code, but Revenue audit officers denying the claims on the basis that they are not within the period of time under Section 63 of the Revenue Code.
Section 27 ter of the Revenue Code, a general provision in the tax code, prescribes that a person shall submit a claim for a refund of excess tax paid "within a period of 3 years from the prescribed last date for the filing of tax returns", which time period is, for an individual, within 31 March of the following year, and for a company with a 31 December financial year end date, within 3 years of 29/30 May (as the case may be) of the following year.
But Section 63 of the Revenue Code, a provision in the income tax chapter of the tax code, prescribed that a person who has paid tax in excess of the amount of tax he has to pay, shall submit a claim for a refund of excess tax paid "within a period of 3 years from the last day of the year in which the excess tax was paid", which is within 3 years of 31 December.
On 10 November 2014, Revenue Code Amendment Act (No 38) BE 2557 was issued for the purposes of amending the period of time in Section 63 of the Revenue Code to be "within a period of 3 years from the prescribed last date for the filing of tax returns" --- the same as what is prescribed in Section 27 ter of the Revenue Code.
The amendment is effective from and including 14 November 2014 and is good news for the solving of one of the problems between taxpayers and Revenue audit officers in Thailand.
This is a general information Tax Insight Article only. It should not be used to determine any matter without consulting with an experienced Thailand tax advisor.