Follow the approval of the Thai Cabinet regarding the extended reduction of the Value Added Tax rate from 10% to 7% until 30 September 2024.
In a significant development on 15 September 2023, the Thai Revenue Department (“TRD”) issued the Departmental Instruction no. Paw 161/2566 (2023) re: the income tax payment under Section 41 paragraph 2 of the Thai Revenue Code (“TRC”). This freshly unveiled guidance is poised to exert a profound influence on the taxation framework governing foreign-sourced income that is repatriated to Thailand by any Thai tax residents with implications set to take effect from 1 January 2024 onward.
Transfer Pricing
Thailand is one of over 135 countries that have endorsed international tax measures to be introduced by the OECD/G20, referred to as Base Erosion and Profit Shifting (BEPS) 2.0. The original BEPS Project identified 15 Action Items, including harmful tax practices and tax treaty abuse, which the Thai Government has addressed, the latter through implementing the multilateral Instrument. The latest package of BEPS rules is the two pillars in BEPS 2.0. and it is aimed at addressing the tax challenges of the digitalization of economies.
The Country-by-Country Multilateral Competent Authority Agreement (CbC MCAA) is a mechanism for mutually sharing financial information between participating countries' tax authorities. It promotes transparency and accountability among multinational enterprises (MNEs) and helps tax authorities identify and address tax evasion, base erosion, and profit shifting.
New Amendment to the Thai’s Labour Protection Act – WFH Arrangements Labour Protection Act (No. 8) B.E. 2566 (“LPA”) was published in the Government Gazette on 19 March 2023 and will be in force after 30 days therefrom. This new amendment outlines the arrangement for the employee and employer to work from home or other places outside the place of business or office of the employer. A newly added Section, 23/1 of the LPA, provides the framework of a work-from-home arrangement.
The amendment is intended to adapt to current technology, reduce unnecessary procedures, increase business flexibility, and enhance the country’s competitiveness.
Tax audit is the process of verification and inspection of the tax return(s) and taxpayers' books to ensure that their tax computation complies with tax law.
The Country-by-Country reporting notification must generally be filed as soon as possible and no later than 12 months after the last day of the accounting year.
As businesses look ahead to economic recovery in Thailand, some sectors have valuable lessons to learn regarding resilience and overall business strategy.
A share premium is a credited difference in price between the par value, or face value of shares, and the total value a company received for issued shares. You usually record the share premium as capital in the company’s balance sheet. Thus, you do not register the share premium in the company’s revenue and show it in the profit and loss account.
For many businesses, Thailand’s tax and legal infrastructure can seem dauntingly complex. In addition, finding the right tax and legal advice could also be challenging. Given that existing regulations can provide government officers with broad interpretative discretion, businesses must constantly keep themselves abreast of the latest compliance requirements and practices. There is no “one-size fits all” solution or approach to optimise tax savings and legal compliance. Each business is unique in its requirements and circumstances. The effective advisor must thoroughly understand the client’s business and objectives and be aligned with the client on the key priorities, financial capacity, real world commercial limitations, and risk appetite. Furthermore, in the course of obtaining tax and legal advice, businesses often feel the experience wanting. Lawyers, tax advisors, and accountants seem to speak in coded language and are removed from the commercial realities faced by the clients. Professional opinions and recommendations often seem complicated and impracticable. At Grant Thornton in Thailand, we understand the need for high-quality professional services that are tailored to each client’s unique requirements. We strive to provide clients with professional services that leverage our international and local expertise while maintaining approachability. This approach aligns with our core principles of collaboration and respect – the key pillars of our CLEARR values which form the basis of our client-centric approach to delivering services. Quality with a personal touch We strive to provide personalised advice to businesses of all sizes and across a broad spectrum of industries. At Grant Thornton, our partners and senior professionals are accessible to our clients, irrespective of the size and nature of the assignment. This involvement ensures that our clients’ needs are thoroughly understood by our team at all levels, and that our deliverables meet the client’s expectations and requirements. A relationship-led approach We believe in that our relationship with clients should not be transactional. Rather, the relationship should be founded upon trust and professionalism. At Grant Thornton, we strive to understand our clients’ businesses, industries, strengths, and also relative weaknesses in order to develop the appropriate solutions and advice for our clients. We take pride in the long-term professional relationships that we cultivate with clients – often spanning years or even decades. Two kinds of synergy We believe in harnessing the synergy of people and technology to deliver exceptional services. We have invested heavily in training our people and developing a collaborative culture within our firm. This enables us to avoid complex chains of communication, and streamline our decision-making process. We strive to extend this collaborative culture to our clients, thereby allowing us to work in tandem and effectively with our clients. Furthermore, recognizing that we are living an age where technology can be harvested to improve efficiency and the quality of deliverables, we routinely assist our clients in exploring and adopting automation technologies to address their needs. Our tax and legal services Our advisory services include assistance in a range of corporate legal and tax matters ranging from tax planning and compliance, international tax advisory, transfer pricing, tax dispute resolution, business establishment, investment promotion application, and customs & trade advisory. Our services include: ● Tax advisory and compliance services ○ Planning and calculation for corporate income tax, VAT, and withholding tax ○ Preparation of tax audits and dispute resolution ○ Evaluation of the company’s tax compliance with tax and auditing obligations ○ Preparation and submission of tax returns ● Transfer pricing ○ Preparation of planning and strategy for domestic and international transactions, including intellectual property solutions ○ Preparation and review of transfer pricing documentation ○ Review of transactions and supply chains ● Customs and trade advisory services ○ Identification of customs and trade privileges ○ Preparation for tax and import or export controls ○ Assistance with customs audits and dispute resolution ○ Valuation, classification, and verification of product origins ● Corporate secretarial services ○ Registration and setup of the company, including application for Foreign Business Licenses ○ Preparation of angular general meetings and board meetings ○ Arrangement of social security requirements and other certifications or notarisations ● Legal advisory and compliance services ○ Preparation and submission of business registration ○ Submission of business incentives and required permits ○ Performance of compliance reviews ○ Preparation for compliance with foreign ownership requirements ● Business permits and licenses ○ Preparation and submission of applications to the Board of Investment ○ Preparation and submission of required permits for products, including for food, cosmetics, and hazardous substances ● Work permits and visas ○ Applications for work permits and visas ○ Assistance with visa conversions Finding the right path forward Tax and legal matters can seem complex or complicated. Nonetheless, with the right insight and advice, these complexities can be navigated, and the associated risks managed. At Grant Thornton, our mission is to assist our clients in cutting through regulatory webs, thereby enabling clients to focus on building and growing their businesses. If you would like to learn more about Grant Thornton or get in touch with our team, you may contact us at: +66 2 205 8142
Transfer pricing disclosure form in Thailand may be complex, but serious penalties await companies that fail to meet government requirements. Here we provide some of the details on how these disclosure form works.
The Ministry of Commerce recently withdrew its endorsement of Thailand joining the CPTPP over concerns that the trade deal may harm farmers.
As businesses adjust to new realities during the COVID-19 pandemic, changes in transfer pricing and other areas will have significant tax planning implications, which we outline here.
With Thai businesses and citizens tightening their belts amid the COVID-19 economics crisis, we examine whether the Thai government's current tax reduction will provide sufficient help.