Insights

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.

The Thai Revenue Department (TRD) sets higher tax collection targets each year, increasing pressure on both the tax authority and taxpayers. The TRD is accelerating its transformation towards an AI-enabled, data-driven administration to enhance operational effectiveness and improve overall tax collection.

This tax news will be of interest to: Thai companies that are part of multinational enterprise (MNE) groups and engage in intercompany transactions. Introduction The Thai Revenue Department (TRD) has implemented an artificial intelligence (AI)–driven big data analysis system to improve operational efficiency, review taxpayers’ data, and assess potential risk areas or red flags. The system classifies taxpayers as either “good” or “risky”. If potential red flags are detected, the system notifies the TRD to consider initiating a tax audit. You may refer to our transfer pricing (TP) series Part 1: Potential Red Flags. In addition, the TRD has recently launched the QUICK BIG WIN scheme, which allows eligible taxpayers to receive tax refunds within a significantly shortened timeframe and without undergoing a tax audit if they meet the scheme’s criteria. This aims to enhance taxpayer liquidity and support business operations.

This tax news will be of interest to: Thai companies that are part of multinational enterprise (MNE) groups and engage in intercompany transactions. In our Part 3: we have provided guidance on how companies can minimise risks during a tax/TP audit related to intra-group services, as well as examples of evidence and supporting documents. In this article, you will find guidance on how to minimise risk related to royalty transaction.

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

Thailand continues to be one of Southeast Asia’s most attractive destinations for investment and business expansion. With its strategic location, robust infrastructure, and supportive regulatory environment, the country offers significant opportunities for both local and international enterprises. However, navigating the complexities of a foreign market requires more than ambition—it demands insight and preparation. Our Doing Business in Thailand 2025–2026 guide provides a comprehensive overview of the Thai business landscape, covering everything you need to know to establish and grow your operations successfully

This tax news will be of interest to: Thai companies that are part of multinational enterprise (MNE) groups and engage in intercompany transactions. In the TP series Part 1 & Part 2: we have highlighted the potential red flags and how to deal with transfer pricing (TP) audit. The main focus of the Thai Revenue Department (TRD) is on intra-group services, which we will cover in this article.

The Thai Revenue Department (“TRD”) has announced the Emergency Decree on Top-up Tax, B.E. 2567 (2024) (“Top-up Tax Law”), which will be effective from January 1, 2025. Below is a summary of the key aspects of this law.

This tax news will be of interest to: Thai companies that are part of multinational enterprise (MNE) groups and engage in intercompany transactions. In our tax news, you will find a guide on how a company can deal with a transfer pricing (TP) audit. How to manage TP risks during the audit If the company faces one or more red flags according to our TP series Part 1: Potential Red Flags, the company needs to prepare for how to deal with the TP audit by the tax authority. To reduce the risk of TP adjustments during the TP audit, the following important steps should be taken:

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.

This tax news will be interest to: Thai companies that are part of multinational enterprise (MNE) groups and carry out intercompany transactions. In this tax news, we explain potential red flags that could trigger a Transfer Pricing (TP) audit by the Thai Revenue Department (TRD), how the TRD selects audit targets and how companies can minimise TP risks.

To streamline tax administration and promote paperless processes, the Revenue Department issued a Notification of the Director-General of the Revenue Department on Income Tax No. 451, published on December 3, 2024, mandating the exclusive online submission of withholding tax returns. This new regulation will be effective from January 1, 2025.

On 25 November 2024, the Board of Investment (“BOI”) issued Announcement No. Por 10/2024, implementing stricter guidelines for its e-Investment Promotion system. This new BOI regulation, effective from 1 December 2024, aims to streamline the application process and ensure the accuracy of submitted information.