Abstract:
Many multinational enterprises are likely to perform tax planning in determining transfer price in regard to the transfer of goods and service. Attention should be given to the transfer price determined by related parties. Therefore, it may be the case that the transfer price is different form normal market price, which can be defined as price which is set by independent parties. If the transfer price is different from normal market price, the price setting is regarded as abusive transfer pricing. Therefore, it is important that this study investigates the methods of market price setting in order to protect against tax avoidance for the sake of tax collection in Thailand.Results of this study declare that there is no specific regulation tackling tax avoidance by means of abusive transfer pricing. The Revenue Code containsThematic Paper's TitleStudent's NameDegree SoughtMajorAcademic YearAdvisory Committee1. Assoc. Prof. Sen lilalai2. Assoc. Prof. Kanchana TanmavadChairpersonunclear regulations relating to what the market price is all about. Further more, there is no methods specifying how to calculate such appropriate market price. Even though. The Revenue Department issued Departmental Instruction No. Paw. 113/2545 Subject: "Corporate Income Tax Establishing Transfer Pricing based on the Market Price" This Departmental Instruction is however practical guidance for revenue officers in performing tax audit. It is not regarded as the law.This study provides many key suggestions. Firstly, the specific law should be issued rather than the Departmental Instruction. This can be in the form of either the Revenue Code Amendment or Ministry's regulation. Secondly, the transfer price should be determined among three main parties, i.e. taxpayers, the Revenue Department of Thailand and the Revenue Department of related country. This is to eliminate possible disagreements. Lastly, there should be the definitions of "related parties", e.g. the percentage of shareholding between parties. Also, documentation in regard to the transfer pricing shames should be submitted to the Revenue Department for further consideration.