Question:

We have previously sold our products in USD to a Thai customer. Now that we have incorporated our Thai company, is there any legal restriction on the local customers to continue paying us in USD because we need to pay USD overseas to import the products. Our Thai company hopes to avoid USD exchange rate risk. If it is in USD, how do we convert the exchange rate to calculate the withholding tax amount in Thai Baht?

Answer:

Please make sure you let the customers know that the price and payment will only be in USD even though they will pay you in THB (using the exchange rate on the day they pay the USD amount owed).

The invoice and tax invoice to issue will show the amount in USD in parenthesis only, the THB amount has to be shown on the tax invoice using the rate of the day before. When the customer pays, they will pay in THB (using the USD amount appeared on the tax invoice with the rate of the day). The difference in the Baht amounts on the day they pay and on the tax invoice will be gain/loss from exchange rate.

There is no withholding tax involved when it is sale of goods. Only when it is service fee will there be withholding tax.

Contact MSNA for your Thai accounting and tax questions.

To help improve the performance of small and medium enterprises (SMEs), which are defined as entities with no more than Baht 5 million of paid-up capital and sales revenues of no more than Baht 30 million per annum, the Thai government has approved the following tax measures:

– Corporate income tax exemption on income derived between 1 January 2012 and 31 December 2012 from the sale of machinery used in the manufacturing process or for manufacturing services, in order to purchase replacement machinery.

– The Revenue Department will provide special conditions and rates relating to amortization and depreciation of machinery used in the manufacturing process or for manufacturing services, for the period 1 January 2012 to 31 December 2012.

– A corporate tax exemption equal to 50% of the difference between wage expenses under the previous minimum wage rate and those under the current minimum wage rate (i.e. Baht 300) for the period from 1 April 2012 to 31 December 2012.

Further details on the implementation of these measures and associated regulations have yet to be announced. Contact MSNA for more updates.

Today, we got a question from one of our accounting clients regarding the import duties in Thailand.

Question:

I have a question that needs your expertise. We are selling a product to a client in Thailand that needs to be imported from the United States from our supplier there, who will issue an invoice to us. We would therefore like to know if there are any import taxes and what they amount to. If there are no such taxes, then the supplier can send directly the invoice to our Thailand Company but if there are, we are considering making the financial transactions via Head Office in Hong Kong, who would then be issuing the invoice to Thailand. Do you have any advice you could give us on this matter?

Answer:

Most likely there will be import duties and VAT to be paid at Customs. You need to consult with the company that provides customs clearance service (the Thai people like call “shipping company”). Some goods may be import duty exempted or even VAT exempted. However, in general, most products are subject to import duties and VAT. Whether you import directly or use Head Office to do it and invoice your Thai company, if the products are subject to import duties and VAT, you cannot avoid it.

The customer can import it themselves too, which bypasses your Thai company on the import duties and VAT because they will have to pay for them at the Customs. If your Thai company does the import, you will have to pass on the import duties and VAT to customer anyway, won’t you?.

Contact MSNA for your questions on Thai accounting and tax.

In addition to the recent implemented measures by the BOI of Thailand, it has been approved that incentives for machinery and technology improvement for increased production capacity will also be extended until the end of this year, 31 December 2012.

This is a part of the government’s efforts to help manufacturers affected by the massive flood last year. Since it will promote machinery and technology improvement to boost production capacity, this policy is viewed as a significant step in enhancing the country’s competitiveness and investment.

With the aim of encouraging entrepreneurs to invest in new machinery for production improvement – automated production systems, for example – the government offers import duty exemption for machinery imported for this purpose. Additionally, participating investors will be entitled to three-year corporate income tax exemption, which is subject to a 70% cap on total investment (not including land and working capital). The tax exemption is based on existing business revenue and it will be effective until 31 December 2012.

Contact MSNA for your Thailand BOI and its flood relief measures questions.

A foreign business can operate in Thailand by obtaining a Foreign Business License. Hence, the foreign business applicant that has a good chance to be granted a “Foreign Business License” has to have all these 3 characteristics:

1. Being a juristic person (company) registered overseas or Thailand (for example, a Thai registered company with majority foreign ownership).
2. Going to operate business to provide products or services to the private sector, including the private parties that have contracts with government agencies or with other private parties.
3. Having a service contract or sale contract that specifies the name of the foreign business applicant as the contractual party with another private party and the products or services to be provided must involve high-level technology or require specialized skills.

If the applicant is certain that its business has all the above characteristics, here are some criteria to meet in order to be successful in getting the Foreign Business License:

a. The foreign business products or services should involve high-level technology or require specialized skills, which are beneficial for technology transfer to the Thai people;

b. The foreign business products or services should contribute toThailand’s basic public utilities which are beneficial to its socio-economic development (for example, transportation system, tele-communication system)

c. The foreign business should know what industries will most benefit from its products or services and what industrial sectors will the products or services help to grow and become more competitive and more successful.

d. The foreign business needs to have a sales or service contract with the name of the client as the contractual party with the company, showing the scope of the sales or services, terms and conditions and the length of the sales or service period.

Contact MSNA, your business partner in Thailand to your company a Foreign Business License.

The Thai cabinet approved tax measures to promote the development of the capital market in the country. Details of such tax measures are as follows:

1) The tax rate is to be reduced and personal income tax is to be exempted on dividends received by Thai tax residents from a foreign company or partnership in respect of securities listed on the Stock Exchange of Thailand; and

2) Income tax is to be exempted for income from sales of securities listed on stock exchanges in ASEAN member countries, provided that the sale is made through the system of the Stock Exchange of Thailand.

Contact MSNA for your Thai accounting and tax questions.

Question:

Is it compulsory in Thailand to appoint a company secretary? Do you provide such service?

Answer:

Appointment of company secretary is not compulsory. However, if your company in Thailand has no secretary at all, you need to rent an office where there is someone to forward mails to you because when Thai authorities send letters a few times a year to the company, you need to get them in case it is a tax audit by the Revenue Department.

Moreover, although there is no necessity to appoint us, we can provide you the services like the role of a company secretary. We can assist you on preparation and filing of various legal documents required under Thai law per time such as Notices, Minutes of Meeting, updating Shareholder Lists, and the likes. We can also help you in changing company’s particulars such as change of office address, company directors, company shareholders, registered capital, etc.

Contact MSNA for your corporate and other business needs.

Thai Government imposes a duty exemption measure to help manufacturers in declared disaster areas whose plants and factories were inundated by the floods.

In summary, eligible flood-affected operators can be exempted from import duty upon meeting the criteria as follows:

1. The business operator has plants in declared disaster area.
2. The business operator imports the goods itself.
3. The imported goods are brand-new and have never been used.
4. The imported goods are the same or similar to those were produced by the business operator at its plants before being inundated by the floods.
5. The imported goods must be pre-approved for import by the Ministry of Industry or other authorized government agency.

The exemption covers imports commencing 1 January 2012 to 30 June 2012.

Further details on the implementation of the above mentioned measures and associated regulations have yet to be announced.

Contact MSNA for your Thailand tax and accounting questions.

THAI ACCOUNTANT answers a question regarding VAT tax point.

Question:

We are going to sign a contract with a Thai government agency and they asked us not to date the service quotation and the invoices that we will send to them until they tell us to. Can we do it that way? Will it affect our taxes?

Answer:

I think you can do it that way if it just only for services. However, you need to make sure your invoice is NOT a Tax Invoice. (When they are going to pay, then you will issue a tax invoice). This is because if you send your tax invoice to the client without a date, it is very risky and your company will be fined if the Revenue Department finds out. And you need to submit the VAT too far in advance even though you don’t need to yet. It affects the cash flow of the company.

The tax point of VAT for a service business is when we get paid not when we invoice the client. Normally, you need to issue a tax invoice when you get paid. However, if part of the business of the Thai company is to sell goods, the tax invoice of the sale transaction must be issued when delivering the goods or getting paid whichever comes first.

Contact MSNA for your accounting and tax questions.

Aside from flood relief loans and tax incentives, the Thai Government has approved
other relief measures for those individuals and industrial sectors that were
really affected by the recent flooding such as follows:

1. Visa and work permit assistance will be provided to foreign skilled workers or
technicians involved in the repair and restoration of damaged machinery,
equipment and infrastructure of BOI promoted companies affected by the
flooding.

2. Exemption of machine import tariff or import duty on all machinery and equipment imported to replace or repair flood-damaged machinery.

3. Appropriate exemptions or reductions of import duty on imported automobiles and auto parts for assembly for domestic sale.