Today, THAI ACCOUNTANT got an interesting question regarding the tax incentives related to employee training expenses.

Our Thailand-based company provides training courses to companies’ employees. We
heard from our clients that they can deduct 200% of the training cost when they
pay to us. How is it possible?

Answer:

Yes, your clients are able to deduct 200% of the training cost not as a discount
from their payment to your training course but they can use this as
expenditures for the purpose of computation and submission of their Corporate
Income Tax.

As imposed by Department of Skill Development, Ministry of Labour of Thailand, the
Skill Development Promotion Act B.E. 2545 has been issued to encourage enterprises to provide training, upgrading skills, knowledge and competencies for employees and for those who are not employees. And also encourage private sector to set
up and register with the DSD its own training centers for workplace learning
and training. The incentives have been provided to enterprises by deducting the
cost of training 200% from the annual tax payment. The compulsory measure has
been applied for the establishments with at least 100 employees which have to
provide training for the employees at the rate of 50% of the total number of
employees, if not the employer have to pay contribution to the Skill
Development Fund approximately 480 Baht per head per year for the number of untrained employees. Furthermore, the establishments gain other benefit under this Act such as exemption tax of the training machines, bringing experts or trainers to train their workers, free of charge of water and electric fees.

But before your clients can use this training cost as their expenditures, you must
check with the Labor Ministry if your training courses have to be approved by
them. You can contact them for details on how you can register your courses
with them.

After your courses have been approved by the Labor Ministry, your clients can use 200%
of the amount they pay for training in those courses. 100% of the expense is
normal deduction from your income and the other 100% will be deducted from the
net profit before tax. They will have to fill out the form prescribed by the
Revenue Department, which is the form to keep track of the expenses of sending
employees for training for each accounting period, and they should keep it for
future checking by the tax authorities.

For more expert advice on accounting and tax, please feel free to contact MSNA,
Thailand Accountant.

First-time home buyers in Thailand are benefiting from a new tax scheme recently approved by the Thai Cabinet. This scheme will enable low-income earners to have their
own houses, in response to the Thai Government’s urgent policy of increasing the peoples’ standard of living.

The incentives are summarized as follows:

1. To qualify as first-time buyers, the home buyers must not have previously owned
any residential property or have been recorded as the householder in the House
Registration, unless there is evidence to prove that they were not the owners.

2. The value of residential properties must not be more than Baht 5,000,000.

3. As amended by the Cabinet on 27 September 2011, the proposed tax
exemption of 10% of the cost of a new residential unit costing no more than
Baht 5,000,000 (i.e. up to Baht 500,000) will be treated as a tax exemption and thus deductible from tax payable when calculating personal income tax.

4. The ownership transfer of the property must be registered between 21 September 2011
and 31 December 2012 and the owner must hold the ownership for at least 5 years.

5. Eligible first-time buyers cannot have previously benefited from any of the following
tax schemes:

• Tax allowance for interest paid in respect of the purchase, hire-purchase or
  construction of a residential building.
• Tax exemption on the amount paid to buy a new residential building or condominium in accordance with the Ministerial Regulation No. 271 B.E. 2552 (2009); or
• Tax exemption on the income derived from the sale of residential property to buy a new residential property in accordance with the Ministerial Regulation No. 241
  B.E. 2546 (2003)

6. In case of co-borrowing, a co-borrower who owns a residential property stated in
no. 1 or has benefited from the tax schemes as discussed in no. 5 is not
eligible for a tax exemption.

This tax scheme however is subject to conditions that will be announced by the Director-General of the Revenue Department of Thailand.

The purpose of this summary is to provide awareness to those eligible first time
home buyers. Please contact MSNA, Thailand Accountant, for an expert advice regarding your tax planning.

The Thai Cabinet, during its meeting on 13 September 2011, has approved the
guidelines to refund the excise taxes for the qualified first time car buyers
in order to promote the auto manufacturing industry and to increase purchasing
power by lowering the cost burden for people acquiring the necessities for
daily living. At the same time, it would enable the Government to earn more from the collection of corporate income tax, value-added tax, and car excise tax.

How to become eligible for excise tax refund as a first time car buyer?

Answer:

According to the scheme, the following criteria to become eligible for the excise tax
refund are as follows:

– The first time car buyer must be at least 21 years old and the car purchased must
also be manufactured in Thailand, excluding those produced with imported used parts.

– The car purchased is the first car of the buyer and the purchase is made during September 16, 2011 to December 31, 2012.

– The car must be a passenger car with the engine capacity of not over 1,500 CC or
pick up or double cab and must not be assembled from used parts imported from
overseas.

– The buyer must possess the car for at least 5 years and the buyer must claim for
the refund with the Excise Department along with a letter confirming the
non-transfer of car within 5 year period and copies of hire purchase contract
in case the car is hire purchased.

– The Department of Land Transport will record the 5 year non transfer condition in
its data base and also in the car registration book and will also check and disallow any such transfer within the 5 year period.

How much excise tax can be refunded?

Answer:

The excise tax will be refunded based on actual excise tax paid but not exceeding
THB 100,000 per car. The refund will be made after one year of possession
starting from October 1, 2012.

For questions about Thailand accounting and taxation, please contact MSNA, Thailand Accountant.

THAI ACCOUNTANT summarized the simplified rules that have been issued under the Notification of Director-General of Revenue Department No. 182 where a VAT registered person (or company) wishes to issue a tax invoice as part of a set of commercial documents, e.g. the tax invoice is within the same set together with the delivery note, receipt, etc.

If the tax invoice is not the first document in the set, the requirements are as
follows:

• The tax invoice and the copy of the tax invoice must contain the phrase “Documents in a Set”.
• The copy of the tax invoice must also contain the phrase “Copy of Tax Invoice”.
• The above phrases must be printed by the computer as part of the preparation of the tax invoice by the computer system. It is not acceptable to use a rubber stamp or typewriter to make such phrases or to handwrite them on the documents.

This has been effective from 18 June 2011.

If you have any tax or accounting questions, please contact MSNA.

Today, THAI ACCOUNTANT got a question on VAT regarding exported services.

Do we have to charge VAT if we provided services to a company outside Thailand? If so, at what rate should we charge?

Answer:

Under the old law (Notification of Director-General of Revenue Department on VAT No.
105), services rendered overseas were subject to VAT at the rate of 0% under
the circumstances that the service had to be used entirely outside of Thailand. However
under the new law (Notification of Director-General No. 181), if the services are
used partially within and partially outside Thailand, then it is possible to
allocate the VAT so that it is partially subject to 7% VAT and the services
used partially in a foreign country will be zero-rated.

Eventually, if your services to your overseas clients are done in Thailand but the product of the service is used outside of Thailand, you don’t have to charge 7% VAT.

This is applicable to any activity that is performed to generate a valuable benefit other than sale of goods. However, this does not apply to travel and tour services in a foreign country.

Contact MSNA, Thailand accounting firm for your accounting and taxation needs.