Insights

Thailand is taking a significant step toward enhancing its investment climate. The Department of Business Development (DBD) has introduced a draft Ministerial Regulation aimed at reducing restrictions on foreign investment by exempting select business activities from the need to obtain permission under the Foreign Business Act B.E. 2542 (1999).

In late December 2025, the Department of Business Development (“DBD”) issued four Orders of the Central Partnerships and Companies Registration Office, together with an Announcement of the Central Partnerships and Companies Registration Office (collectively, the “Orders”), to strengthen corporate registration controls. The summary of the Orders is set out below.

On 5 June 2025, the Board of Investment (“BOI”) published Announcement No. Por 8/2568, by virtue of the Investment Promotion Act B.E. 2520 (1977). This announcement revises the Criteria for Approval of Positions for Foreign Nationals, Placement of Foreign Nationals in Approved Positions, and Extension of Position Terms and Personnel under Sections 25 and 26.

Thailand’s position on Article 12 (Royalties) of the recent 2025 OECD report reflects a robust commitment to source-based taxation for cross-border payments. Unlike the OECD’s preferred move towards residence-based taxation for royalties, Thailand continues to advocate for the right of the state where the income arises to collect tax. By expanding the definition of royalties and establishing clear source rules, Thailand ensures that a broad spectrum of payments for technology, equipment, and expertise remains subject to local withholding tax.

In the recent 2025 OECD report, Thailand has reaffirmed its position as a "Non-Member Economy" that prioritizes source-based taxation. By maintaining specific reservations on Article 5 - Permanent Establishment or “PE”, Thailand aims to ensure that foreign enterprises contributing to its economy through sustained physical or economic presence do not circumvent local tax obligations. These positions reflect a cautious approach toward the global trend of narrowing PE definitions, focusing instead on traditional and service-based activities.

The Royal Thai Government Gazette has announced the Labour Protection Act (No. 9), B.E. 2568 (2025) (“Amendment No. 9”), which amends key provisions under the Labour Protection Act B.E. 2541 (1998) (“Labour Protection Act”). The amendments are effective from 7th December 2025 introduce new protections, leave entitlements and employer compliance requirements.

The rapid shift toward hybrid and remote work has created a complex challenge for multinational enterprises: when does an employee’s home office create a taxable presence, or Permanent Establishment (PE), in another country? The recent 2025 OECD report addresses this head-on, providing much-needed clarity through revised commentary on Article 5 (Permanent Establishment or PE). For businesses with cross-border talent, these changes offer a more practical framework for assessing tax exposure in jurisdictions where employees may be working remotely.

Cloud & Software Services and Withholding Tax: Where Does Thailand Draw the Line?

Building a Sustainable Business – 360 Degrees explores six key pillars for sustainable growth, combining strategic insights, best practices, and real-world examples to help businesses build resilience and thrive in an uncertain economy.

Thailand’s Cabinet Approves Draft Financial Hub Act to Boost Global Investment To position Thailand as a key global financial hub, the Thai Cabinet approved the draft Financial Act on February 4, 2025, as proposed by the Ministry of Finance. This legislation seeks to attract foreign financial businesses to invest in Thailand, while simultaneously fostering the development of the nation’s financial industry, workforce, and infrastructure to meet international standards.

Last year, the Thai Revenue Department (“TRD”) issued Departmental Instructions No. Paw 161/2023 and Paw 162/2023 concerning foreign-sourced income. According to these instructions, any Thai tax resident with foreign-sourced income will be taxed in Thailand when such income is remitted into the country, regardless of when you remit it.

The legal division of the Thai Revenue Department (“TRD”) recently addressed whether a virtual office can be registered as a place of business for Value Added Tax (“VAT”) purposes.

On 15 March 2024, the Board of Investment (“BOI”) published an Announcement No. Sor 2/2024 by virtue of the Investment Promotion Act 1977, to promote investment in digital businesses in response to changing business operations and technology in the digital industry.

As we reflect on the challenges and opportunities of the past year, it's evident that many Thai entities have faced heightened scrutiny through tax audits, particularly amidst requests for tax refunds or company dissolutions. As we embark on 2024, we're gearing up with renewed determination to tackle this challenge head-on. We're excited to announce our initiative to raise awareness surrounding tax audits in these specific scenarios.

On 7 March 2024, the Cabinet agreed and approved the principle of OECD Pillar Two, also known as Global Minimum Tax, and tasked the Thai Revenue Department (“TRD”) with formulating the corresponding legislation.

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