However, the defendants did not perform their duties properly and abused their powers to help both Panthongtae and Pinthongta avoid the massive taxes.Previously, Moleerat also faced a criminal lawsuit along with Sirote Sawadpanich, a former director-general of Revenue Department, for negligence of duty and abuse of power in a related income-tax case in which Potjaman transferred 4.5 million shares of Shin Corp to her elder brother Bhanapot Damapong and other persons without paying taxes properly. CourtThey face three years in jail if the Appeal Court upholds their conviction.The Criminal Court ruled that Benja Louicharoen, who was deputy finance minister during the Yingluck Shinawatra government, and three other then-senior Revenue Department officials, were guilty of helping Panthongtae and Pinthongta Shinawatra, son and daughter of former premier Thaksin Shinwatra, evade nearly Bt16 billion in income taxes.In addition, Thaksin's former wife Khunying Potjaman na Pombejra's personal secretary, Pranee Wejpreukpitak, was sentenced to two years in jail for being an accomplice in this case.According to the lawsuit filed by National Anti-Corruption Commi-ssion, Panthongtae and Pinthongta are required to pay about Bt7.9 billion each in income tax for the sale of their Shin Corp shares based on the difference between the acquisition price of Bt1 per share and the sale price of Bt49.25 per share.The siblings each sold 164.6 million shares of Shin Corp to Temasek in 2006, and were required to pay corresponding income tax, but Benja and others violated Article 157 of the Criminal Code on negligence of duty and abuse of power by helping the two avoid the huge tax bill.Benja, who at the time was also deputy director-general of the Revenue Department, along with former legal affairs chiefs Chamras Yamsoi-thong, Moleerat Boonyasiri, and Kitch Vipulanusas, were released on a bail of Bt420,000 each, while Pranee was released on a Bt300,000 guarantee as all five have said they will file an appeal.According to the Revenue Code, individuals who gain a profit from the sale of shares are required to pay income tax based on the difference of purchase and sale price.

Source: The Nation Bangkok July 28, 2016 17:15 UTC