Corporate Income Tax 

Incorporated firms operating in Thailand pay income tax at a rate of 30 percent of net profits. Foundations and Associations pay income taxes at a rate of two to 10 percent of gross business income, depending upon the activity. International transport companies face a rate of three percent of gross ticket receipts and three percent of gross freight charges.

From January 1, 2002,corporate income tax for small and medium-sized enterprises with paid up registered capital not exceeding 5 million bat was cut. Profits of as Much as 1 million will be taxed at 20 percent and profits of more than 3 million baht at 30 percent.

All companies registered under Thai law are subject to taxation as stipulated in the Revenue Code and are subject to income tax on income earned from sources within and out-side of Thailand. Foreign companies not registered or not residing in Thailand are subject to tax only on income derived from sources within Thailand.

Normal business expenses and depreciation allowances, at rates ranging from five to 100 percent, depending on the item, or at rates under any other acceptable depreciation method, are allowed as deductions from gross income. Inventory must be valued at cost or at market price, whichever is lower. Net losses can be carried forward for up to five consecutive years. Interest payments on some foreign loans may be exempt from a firm's income tax.

Inter-corporate dividends are exempt from tax on 50 percent of dividends received. For holding companies and companies listed on the SET, dividends are completely exempt, provided the shares are held three months prior to and after the receipt of dividends.

Deductions for gifts and donations up to a total of four percent of net profit are available, as follows:

- Two percent to approved public charities or for public benefit;
- Two percent to approved education or sports bodies.

No deduction is permitted for any expenditure that is determined on the basis of net profit (e. g. bonuses paid as a percentage of net profit) at the end of an accounting period.

Depreciation of assets of limited companies and partnerships is based on cost. The rates of annual depreciation permitted by the law generally varying from 5 to 20 years.

Entertainment and representation expenses are deductible up to maximum limits as a percentage of gross sales, or of paid-up capital at the closing date of the accounting period, whichever is greater.

Taxes are due on a semi-annual basis within 150 days of the close of a six-month accounting period, and employers are required to withhold personal income tax from their employees Except for newly incorporated companies, an accounting period is defined as a duration of 12 months. Returns must be accompanied by audited financial statements. A corporate taxpayer must file a half-year return and pay 50 percent of the estimated annual income tax by the end of the eighth month of the accounting period. Failure to pay the estimated tax or under-payment by more than 25 percent may subject the taxpayer to a fine amounting to 20 percent of the amount in deficit.

Failure to file a tax return, late filing or filing a return containing false or inadequate information may subject the taxpayer to various penalties. Failure to file a return, and sub-sequent non-compliance with an order to pay the tax assessed, may result in a penalty equal to twice the amount of tax due. Penalties are due within 30 days of assessment.

Value Added Taxes (or Specific Business Taxes) 

The value added tax (VAT) system, which came into effect on 1 January 1992, largely replaced the old business tax system.

Under the this tax regime, value added at every stage of the production process is subject to a seven percent tax rate, This tax affects: Producers, providers of services, wholesalers, retailers, exporters and importers. The VAT must be paid on a monthly basis, calculated as:

Output tax - Input tax = Tax paid

Where output tax is the VAT, which the operator collects from the purchaser when a sale is made, and input tax is the VAT which an operator pays to the seller of a goods or service which is then used in the operator's business.

If the result of this calculation is a positive figure, the operator must submit the remaining tax to the Revenue Department not later than 15 days after the end of each month. However, for a negative balance, the operator is entitled to a refund in the form of cash or a tax credit, which must be paid in the following month.

A. Zero Rate

The following are not subject to VAT

* Exports
* Services provided in Thailand for persons in foreign countries
* International transportation by air and sea by Thai juristic persons. Foreign juristic persons may enjoy zero percent when its country applies zero percent to Thai juristic persons operating there
* Sale of goods or services to civil service or state enterprises under foreign loan or aid schemes
* Sale of goods or services to the UN and its agencies, foreign embassies and consulates
* Sale of goods or services between bonded warehouses, between operators in export processing zones, or between the former and the latter.

Operators whose gross earnings from the domestic sale of goods and services exceed 600,000 baht, but are less than 1,200,000 baht per year, can choose between paying a gross turnover tax of 1.5 percent or the normal VAT. However, operators paying the gross turnover tax may not offset this tax by charging VAT to their customers in any step of production.

B. Special exemption from VAT

* Operators earning less than 600,000 baht a year
* Sale or import of agricultural products, livestock, and agricultural inputs, such as fertilizer, and feed
* Sale or import of published materials and books
* Auditing, legal services, health services and other professional services
* Cultural and religious services
* Educational services
* Services provided by employees under employment contracts
* The sale of goods as specified by Royal Decree
* Goods exempt from import duties under the Industrial Estate Authority of Thailand (IEAT) Act
* Domestic transport (excluding airlines) and international transport (excluding air and sea lines).

C. Specific Business Tax (SBT)

A specific business tax of approximately three percent is imposed, in lieu of VAT, on the following businesses:

* Commercial banks and similar businesses
* Insurance companies
* Financial securities firms and credit fonciers

Type of business/Tax rate

Banking or similar business; finance, securities and credit foncier business - 3%
Insurance (life or insurance against loss) -2.5%3%
Pawnshop - 2.5%
Sale of immovable property in a commercial manner for profits - 3%

* Sales on the stock exchange
* Sales of non-movable properties
* Pawn shops.

The SBT is computed on the monthly gross receipts at the following rates:

D. Remittance Tax

Remittance tax applies only to profits transferred or deemed transferred from a Thailand branch to its head office overseas. It is levied at the rate of 10 percent of the amount to be remitted before tax, and must be paid by the remitting office of the offshore company within seven days of the date of remittance.

However, outward remittances for the purchase of goods, certain business expenses, principal on loans to different entities and returns on capital investment, are not subject to an outward remittance tax. The tax does not apply to dividends or interest payments remitted out of Thailand by a company or partnership; these are taxed at the time of payment.

Section 70 of the Revenue Code addresses in come paid to foreign juristic persons. When a company or partnership incorporated under a foreign law and not carrying on business in Thailand receives "assessable income" paid either from or in Thailand, the payer is usually required to deduct income tax at a rate of 15 percent of the gross remittance. In 1992, standard deductions, were abolished, making the flat 15 percent rate effective on all assessable income except for dividend income, on which the 20 percent withholding tax was reduced to 10 percent.

There is no withholding tax on capital gains or on the share of profit paid to foreign investors in mutual funds, of in the SET. Physical remittance of funds may not be necessary in order to incur either the dividend or interest tax liabilities, which may be incurred by making book entries.

Personal Income Tax 

Every person, resident or non-resident, who derives assessable income from employment or business in Thailand, or has assets located in Thailand, is subject to personal income tax, whether such income is paid in or outside of Thailand. Exemptions are granted to certain persons, including United Nations. officers, diplomats and certain visiting experts, under the terms of international and bilateral agreements. 

Personal income tax is applied on a graduated scale as follows:
 

Individuals residing for 180 days or more in Thailand for any calendar year are also subject to income tax on income from foreign sources if that income is brought into Thailand during the same taxable year that they are a resident.

Exchange control laws stipulate that all foreign exchange earned by a resident, whether or not derived from employment or business in Thailand, and brought into Thailand, must be sold to or deposited with commercial banks within 15 days, unless permission for an extension is granted.

Personal income taxes and tax returns must be filed prior to the end of March of the year following the year in which the income was earned.

A standard deduction of 40 percent, but not in excess of 60,000 baht, is permitted against income from employment or services rendered or income from copyrights. 

Standard deductions ranging from 10 percent to 85 percent are allowed for other categories of income. In general, however, taxpayers may elect to itemize expenses in lieu of taking standard deductions on income from sources specified by law. 

Other types of taxable income and the rate of standard deduction include:

. Interest, dividends, capital gains on the sale of securities: Forty percent but not exceeding 60,000 baht.
. Rental income: Ten percent to 30 percent depending on type of property leased.
. Professional fees: Sixty percent for income from medical practice, 30 percent for others.
. Income derived by contractors: Seventy per cent.
. Income from other business activities: Sixty-five percent to 85 percent depending on the nature of the business activity. 

The following annual personal allowances are permitted:
 

Only three children per taxpayer family qualify for the child allowance, but this limitation applies only to children born on or after 1 January 1979.

Therefore, in counting the number of children, a child born prior to 1979 can also be counted. For example, a taxpayer with four children born before 1979 continues to qualify for an aggregate allowance of 60,000 baht. A fifth child, born in 1979, would not qualify.

Additional taxes can be assessed, within a period of two years from the date of filing a return, and up to five years for tax evasion or tax refund. If an individual fails to file a return, the assessment officer may issue summons within a period of 10 years from the filing due date.

A. Treaties to Avoid Double Taxation
Thailand has treaty agreements to eliminate double taxation with the following countries:
 

The treaties generally place taxpayers in a more favorable position for Thai income than they would be under the Revenue Code, as profits will only be taxable if the taxpayer has a permanent establishment in Thailand.

B. Other Taxes 

.  Petroleum Income Tax
The Petroleum Income Tax Act replaces the Revenue Code in imposing a tax on income from firms which own an interest in a petroleum concession granted by the Thai government or which purchase oil from a concession holder for export. Net income from petroleum operations includes revenue from production, transport or sale of oil and gas, the value of gas delivered to the government as a royalty and the proceeds of a transfer of interest in a concession. The tax rate for most operators is not less than 50 percent and not more than 60 percent of net profits.

.  Stamp Tax
The Revenue Code contains a Stamp Duty Schedule listing transactions subject to stamp tax. Rates depend on the nature of the transaction, and fines for failure to stamp documents are very high.

.  Excise Tax
Excise tax is levied on the sale of a number of goods, including petroleum products, tobacco, liquor, soft drinks, cement, electrical appliances, and automobiles.

.  Property Tax
Owners of land and/or buildings in designated areas may be subject to annual taxes levied by the local government. Under the Local Development Tax Act of 1965, rates per unit vary according to the appraised value of the land. However, land for the personal residence of the owner, animal husbandry, or land cultivation is exempted from this Act. For land taxable under the House and Land Tax Act of 1932, which is based on the value of the land and buildings or any other improvements, annual tax is levied at the rate of 12.5 percent of the assessed assumed rental value of the property, and only owner-occupied residences are exempt.

C. Tax Courts

Tax cases are considered different in nature from normal civil cases. The Tax Court Establishment and Procedure Act, effective since 1985, provides special and accelerated procedures for tax litigation. Tax courts have authority to judge the following cases:
. Appeals against the decision of tax officers or committees
. Disputes over the claims of state tax obligations
. Disputes over tax refunds
. Disputes over rights or obligations concerning tax collection obligations. Disputes over the right or obligations regarding tax collection obligations
. Other cases made subject to the Act as prescribed by other laws.
Note: Decisions of the tax courts may be appealed to the Supreme Court within one month after the date of the judgment.

D. Tax Clearance Certificates

As of May 1991, requirements for tax clearance certificates have been significantly reduced. Provided that an individual demonstrates compliance with tax laws, he is not required to secure a tax clearance certificate within 15 days before leaving the country. 

Employees of businesses incorporated under foreign law, but which carry out business in Thailand, must acquire a certificate from the Revenue Department before departure. The requirement is not enforced if the individual has been in Thailand less than 90 days in any tax year and has not received any income.

E. Tax Reform

Thailand is actively pursuing reform of its tax system and taxes on industrial imports have already been sharply reduced. Over the past five years, the government has consistently moved to reduce import tariffs on machinery and raw materials. In August 1999, the government introduced a number of measures to encourage investment, including tariff cuts. One-hundred and forty-six tariff lines - 85 percent of the total number - had their rates cut to 0-five percent, notably on raw materials and capital goods.

Customs Duties

The majority of imported articles are subject to two different taxes: Tariff duty and VAT. Tariff duty is computed by multiplying the CIF value of the goods by the duty rate. The duty thus determined is added to the value of the goods determined with reference to the CIF price. VAT is then levied on the total sum of the CIF value, duty, and excise tax, if any. Goods imported for re-export are generally exempted from import duty and VAT.

As a part of the BOI' promoted companies are eligible to receive exemptions or reductions from import duties on raw and essential materials as well as machinery.

Further, companies that belong to the BOI' s Investor Club Association (IC) are eligible to use the IC's Raw Materials Tracking System (RMTS) AND Machinery Tracking System (MCTS). For companies that take advantage of this service, release of raw materials and machinery can be done in three hours or less. For more information, please contact the Investor Club at:
Tel (662) 936 1429-40, exts 314, 315, 318.

All exported goods are exempt from export duties except raw hides and skins, wood and sawn (including lumber) items.

Interested persons can receive advice and additional information from the Export Promotion and Privileges Group, Customs Department at Tel: (622) 240 2513-6 or (622) 240 2513.

Electronic Data Interchange (EDI)

The Customs Department has improved its services by computerizing procedures with the Electronic Data Interchange system. EDI allows for customs entry information to be transferred via an on-line system. The trader may link to the system or may use a licensed customs broker. The EDI system helps entrepreneurs save costs and time because they can rapidly submit entry data for preliminary verification by customs officers, which takes no more than five minutes. Entrepreneurs will only need to meet customs officers for document verification; the rest will be processed through the EDI system.

The Customs Department has selected "UN/EDIFACT" as the standard format for the exchange of information between it and trading partners as well as other related organizations; The Federation of Thai Electronic Data Interchange (FTEDI) and Thai Industrial Standards Institute (TISI) have duly approved the internationally accepted UN/EDIFACT as the EDI standard for Thailand. For technical queries, telephone (662) 671-7151

Procedure

Exporters or customs brokers submit export entry data via the EDI system. Upon verification, the exporter/broker will be notified and will then print export entries for submission at any customs office, together with other documents.

Good not subject to tariff and value verification can pass through green channels, whereas the goods subject to tariff and value verification must proceed through red channels for verification at the Export Procedure Sub-Division and for duty payment (if any).

Frees trade zones, warehouses

Thailand gas several Export Processing Zones (EPZs). Firms located in them are exempt from import duties and other taxes on factory construction materials, machinery and equipment and export manufacturing inputs. Within EPZs, foreign investors are permitted to own land and employ foreign technicians and experts. EPZs are generally co-located within industrial estates developed either by the Thai Industrial Estate Authority or by the private sector. Therefore, they have full infrastructure facilities and generally good access to transportation.

Free trade zones were established in 1997 to boost key export-oriented industries such as electronics, automobiles and parts, and gems and jewelry. Industries located in these zones enjoy tax holidays on machinery imports and corporate tax exemption for a set period. The raw materials imported for export-oriented production also would be exempt from duties. In addition, industries in these zones do not have to apply to the Industrial Works Department for factory operating licenses. Goods kept in bonded warehouses can be stored for two years, and are exempt from import and export duties once exported.

Gold Cards

This status for certain importers and exporters allows them to bypass some time-consuming procedures, and facilitates on-the-spot tax clearance and rebates.
Importers

* Pass Bills of Lading through an EDI-based fast track or Green Line customs inspection and clearance system
* Ship cargoes immediately and present documents later
* Exemption from regular customs procedures except random checks.

Exporters

* Pass Bills of Lading through an EDI-based fast track or Green Line customs inspection and clearance system
* Exemption from regular customs procedures, except random checks.

Qualifications

Entrepreneurs must be juristic persons with paid up capital of not less than five million baht. They must have a clean import/export track record for at least three years and be willing and able to adopt EDI practices for customs clearance.

Also, they must be members of the Federation of Thai Industries, a Chamber of Commerce and /or the Thai National Shippers' Council. They must present confirmation letters from such organizations stating that they are financially sound and without any record of infringing customs laws or other relevant laws or regulations retroactively for three years from the date of application.

Requirements

* Deposit security for bonded warehouses with the Customs Department in the form of a bank guarantee for not less than five million baht
* Keep original copies of Bills of Lading and other relevant documents for at least five years.
* Surrender to audits by customs officers and facilitate them while on duty.
Supervisory agencies have been set up to oversee Gold Card holders, to both monitor and assist with all matters relating to customs.

Categorization of customs brokers

To encourage quality services, the Customs Department has classified reliable customs brokers who meet strict qualifications in to two levels - special-grade and good-grade brokers.

Qualifications

* The applicant must be a juristic person with a paid up, registered capital of one million baht.
* At least one customs specialist authorized by the department is to be sought within six months of the Custom Department's approval.
* Each entity must have a minimum of 30 clients. Where there are fewer than 30 clients, applicants for special grade must place a bank guarantee of five million baht, and 10 million for good grade.

Requirements

Special grade brokers must secure a guarantee contract for bonded warehouses and place deposits or any kind of guarantee issued by banks or financial institutions acceptable to the Customs Department worth 25 percent of the estimated drawbacks.

For good grade brokers, the Customs Department may require the security for bonded warehouses either by money deposit or any kinds of guarantee issued by banks and financial institutions accepted by the Customs Department. The value of the drawback should not be lower than two million baht and not exceed five million baht.

Benefits: Importation

* No check is made on valuation; tariff classification and tax and duty are calculated during the formality execution process, while review is carried out after the goods are released from Customs custody.
* Bulk cargo is exempted from a quantity guarantee
* Samples for analysis can be delivered to Customs after the clearance of goods.
* Special-grade customs brokers are allowed to submit a guarantee deposit on behalf of importers in case of post-release review.
* Goods are subject to half the normal opening rate for physical examination.

Exportation

* Special and good grade Customs brokers not applying for tax and duty privileges are exempt from examination and control of cargo containerization. The export entry of any exporter applying for tax and duty privileges through a good-grade broker will be given examination priority over that handled by a general broker

Goods exempt from duty payment

* Exported articles including re-exports which are re-imported within one year without any change in character or form, and for which a re-importation certificate was obtained at the time of exportation.
* Articles imported into Thailand, upon which duty has been paid, and subsequently sent out of the country for repairs, if re-imported within one year from the date of re-importation certificate issued at the time of exportation.
* The following articles, of accompanied by the owner or temporarily imported to be re-exported within six months from the date of importation:
(a) Articles for use in theatrical or other similar performances, imported by itinerant performers visiting Thailand
(b) Apparatus and articles used for experiments or demonstrations, scientific or educational, and imported by persons temporarily visiting Thailand for the purpose of conducting such experiments or demonstrations;
(c) Vehicles, boats and aircraft accompanied by the owner;
(d) Photographic and cinematographic apparatus and sound recording machines imported by persons temporarily visiting Thailand for the purpose of taking photographs or recording sound, but photographic films and plates or articles for recording, imported for such purposes, must be in accordance with the conditions and quantity specified by the Minister of Finance
(e) Firearms and ammunition accompanied by persons temporarily visiting Thailand;
(f) Articles, temporarily imported, intended for exhibition of a public character;
(g) Articles imported for repair, subject to the conditions as prescribed by the Director General of Customs;
(h) Samples of merchandise, not falling within heading No. 14, accompanied by persons temporarily visiting Thailand, provided that such samples are capable of being duly identified on exportation and are not of such quantity or value that, taken as a whole, they no longer constitute samples in the usual sense of such term;
(i) Tools and equipment for building and construction, development work and other temporary activities as the Director General of Customs may think fit.
* Awards and medals given by foreign countries to any person in Thailand for distinction in arts, literature, science, sports or public service or otherwise as a record of meritorious achievement or conduct.
* Personal effects, accompanied by the owner for his own or professional use, in reasonable quantity, except motor vehicles, firearms and ammunition, provisions; but for spirituous liquor, cigarettes, cigars or smoking tobacco, being personal effects and accompanied by the owner, the Director General of Customs may impose any restriction with respect to the exemption from payment of duty at any port as he may think fit but the quantity must not exceed
(a) Two hundred cigarettes or 250 grams for cigars or smoking tobacco or altogether weighing not more than 250 grams;
(b) Spirituous liquor - one liter.
* Secondhand household effects, accompanied by the owner on change of domicile I reasonable amounts.
* Parts and accessories of aircraft or vessels, including materials imported to be used for repair or construction of aircraft or vessels or parts of the said aircraft or vessels.
* Fuel oil, lubricating oil and lubricants to be used for replenishment for storage on aircraft or on ships of gross tonnage more than 500 tons under the authority of a customs clearance to a foreign destination.
* Crops cultivated by persons with domicile in Thailand, on islands and along the foreshore of rivers forming Thai borders.
* Goods covered by privileges according to agreement with any United Nations organization or under international law or treaties or by reciprocity through diplomatic channels,
* Any goods proved to the satisfaction of the Minister of Finance or his authorized person to be:
(a) Imported or exported for distribution to the public for charitable purposes through government organizations or public charity organizations:
(b) Imported for donation to government organizations or public charity organizations for public use.
* Imported postal packages valued not over 500 baht per package.
* Munitions for official use.
* Samples of merchandise fit only to be used as such and of no commercial value.
* Receptacles of a kind used as containers for convenience or safety of international transport - as called "Container" -which are imported to be re-exported whether or not containing goods, under the rules and conditions as specified by the Director General of Customs.
* Imported goods proved to the satisfaction of the Director General of Customs or his authorized agent for sole use by the blind.
* Goods proved to the satisfaction of the Director General of Customs or his authorized agent to be necessary for use at international conferences, in reasonable amounts.
For those goods exempt from export duties, exporters are also entitled to apply for the following benefits:
* Value added tax refunds;
* Excise duty refunds;
* Drawback on raw materials imported to be produced, mixed, assembled or packed for re-export (Section 19 of the Customs Act (No. 9), B.E. 2482);
* Tax and duty compensation on exported goods which are domestically manufactured, whether they partially or wholly consist of local or overseas raw materials (Exception: goods not entitled to compensation or other benefits according to the Committee, see Section 19 or the BOI).

Tax and duty compensation are calculated as a percentage of the F.O.B. value of exported goods. For example, sets of automobile brakes, bumpers and wheels will be subject to a compensation rate of 7.99 percent of the F.O.B. value, while home appliances made of plastic are entitled to the compensation rate of 3.51 percent of the F.O.B. value.

The Customs Department has a one-stop drawback service, dividing entrepreneurs into six groups:

* Entrepreneurs using a bank guarantee will be granted drawback within minutes
* Special-grade customs brokers will be granted drawback within one day
* Good-grade customs brokers will be granted drawback within 15 days
* Special- grade exporters will be granted drawback within 15 days
* Good-grade exporters will be granted drawback within 20 days
* General drawback applicants will be granted drawback within 30 days

5. Import and Export Regulations

While regulations govern the import and export of most goods into and out of Thailand, trade in certain items is restricted through outright prohibition, the imposition of duties or licensing requirements. Thus, the export of unmilled rice and rice bran is expressly prohibited. Other goods, such as rubber, timber, rice, hides and skins, silk yarn, and iron scrap may be sold to foreign buyers, but duties must be paid on them. To export certain items, such as gold, cattle, or sugar, one must secure a license from the relevant government authorities.

Import controls

The Ministry of Commerce designates classes of goods that are subject to import controls, which usually take the form of permission and licensing. Although these controls are being liberalized, many classes of goods require import licenses from the Ministry of Commerce. These categories are frequently changed through notifications from the ministry. Application for the license must be accompanied by a supplier's order, confirmation, invoice, and other pertinent documents.

In addition to the Act imposing the above controls, a number of goods are subject to import controls under other laws. These include:

* The import of modern drugs requires prior licensing from the Food and Drug Administration under the Ministry of Health
* The Minerals Act stipulates that without appropriate permission, an importer is prohibited from importing tungstic oxide and tin ores and metallic tin in quantities exceeding two kilograms
* The Ancient Monuments, Antiques, Objects of Art and National Museum Act provides that antiques or objects of art, whether registered or not, must not be delivered without permission from the Director General of Fine Arts
* The Armation, Ammunition, Explosives, Fireworks and Imitation Firearms Act bars people from producing, buying, using, ordering or importing armations or ammunition or explosive devices unless they gave the appropriate license from the Ministry of Interior
* The Cosmetics Act stipulates that for the purpose of protection of public health, any importer of controlled cosmetics must provide the name and location of the office and the place of manufacture or storage of the cosmetics, the name, category, or kind of cosmetics to be imported, and the major components of the cosmetics.

Export controls

Thailand maintains few restrictions on exports, except when related to national security, environmental protection and cultural concerns, or pursuant to trade agreements (such as international commodity agreements, agreements governing the textile and apparel trade, agreements on subsidies and dumping, etc.). The Ministry of Commerce is authorized to subject products to export control.

Certain goods require export licenses under other laws, such as seeds, trees, and leaves of tobacco. Certain goods, such as sugar and rice, are subject to export licenses under the Export Standards Act, which aims to ensure that such exports are of a set quality.

Exporters of agricultural commodities may find that membership in trade associations is mandatory, and they may impose their own regulations for membership.

The Department of Foreign Trade under the Ministry of Commerce administers Thailand's quota program for the export of textiles and apparel.