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Supreme Court Opinions

THE GROUND FOR DIVORCETS
Mrs. Prapai Tanonkaew vs. Mr. Kitipoom Phetyoi

The Defendant sent a letter of complaint to the Plaintiff’s superior and instructor that the Plaintiff committed adultery with other woman. This matter is regarded as the personal behavior of the Plaintiff. The Defendant who is the wife of the Plaintiff has the right to express her love and jealousness upon her husband. Her request to the Plaintiff’s superior and instructor to admonish the Plaintiff to think of his family is not regarded as humiliating the Plaintiff’s reputation. No severe disciplinary punishment was executed.

SUBLET AGREEMENT TRANSFER THE LEASED PROPERTY
Ms. Suwanna Sae-heur vs. Mr. Komrat Maliwongse

The 30 years land leased contract indicated that leased for construction the buildings and there was no tea money for the lease. T, the former lessor and the three Defendants did not designate the construction period and the amount of the buildings that the three Defendants is going to build up on the leased land. From the contract, it is cleared that the three Defendants have right to construct the building in any quantity and at any time during the leased period. And in setting the new agreement on constructing period.

NON-MONETARY DAMAGES AND ACTING ON BEHALF OF A MINOR
Mr.Chaot-uthai Fuungsiriviboon vs. Mr. Boonruen Netniyom

The plaintiff claims for compensation in cause of action on tort. The defendant argued that the plaintiff’s lawful father made a contract of compromise regarding damages so there is no current right to claim the compensation of the plaintiff. The Court judged that the legal representative of the Plaintiff made the contract of compromise relating to the property of the minor without Court consent which is a void act. The right to claim has therefore not expired.

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Thailand Legal News Updates:

NEWS :

Tax Incentive for Eco-Automobiles

16 July 2009

Yesterday the Board of Investment (BoI) approved a large reduction of 90 percent on import duties for raw materials and parts used in the production of eco-automobiles. The reductions will be maintained for a period of 2 years, starting from the date manufacturers begin importing.

The BoI expects this measure to reduce the retail value of eco-cars by 100,000 baht. However, a source at the Thai Automotive Industry Association stated that automobile manufactures to reap the most benefit from this measure are those who rely on imports instead of local content, whereas manufacturers relying on local content may not gain much from the measure nor be able to lower the retail price of automobiles.

The BoI also approved maximum tax incentives for various investments in the three southern provinces experiencing separatist violence, namely Pattani, Yala and Narathiwat as very few applications have been received for this region recently.


Refund for Specific Business Tax (SBT)

15 July 2009

Property buyers who have performed a property purchase in Thailand recently may be afforded the opportunity to request a refund from the Revenue Department based on the government’s tax incentive package to promote growth in the real estate market.

Based on the Royal Decree of the Revenue Code (vol. 427) B.E. 2551, the Thai government reduced the specific business tax for property purchases from 3.3 percent to 0.11 percent. This measure became effective on 29 March 2008 and expired on 28 March 2009. Buyers who transferred property after the expiration date were charged at 3.3% according to Thai land law.

However, the Royal Decree of the Revenue Code (vol. 488) B.E.2552 extended the reduction of the specific business tax from 29 March 2009 to 28 March 2010 and prescribed that the specific business tax will remain at the reduced rate of 0.11 percent during this period. The extension has a retroactive effect so that buyers who transferred property after 28 March 2009 and were charged at 3.3% may seek a refund from the Revenue Department.


International Financial Reporting Standards to Be Implemented by SET

14 July 2009

The Stock Exchange of Thailand (SET) sources have stated that the agency will progressively implement International Financial Reporting Standards (IFRS), starting in 2011.

Companies with the highest proportion of trading on the Stock Exchange of Thailand, namely the SET50 companies, will be required to implement IFRS by 2011. SET100 companies are to follow by 2012, and for all listed companies on the SET and the Market for Alternative Investment by 2015.

The implementation of IFRS is perceived by analysts as a means to boost the local Thai market by drawing global investors and capital through conservative accounting practices.

A source at the accounting supervision department of the SET explained that IFRS provides a true picture of the financial status of a company by including factors such as future liabilities, an example being employee retirement schemes and their cost to the company. Moreover, under IFRS, revenue is accounted for at the completion of sales.

IFRS may also require two sets of accounts to be prepared, one in Thai currency and the other in the principal currency used.


 
     


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