VAT and withholding tax on transportation – question
Our company in Thailand will have a sales meeting in Hua Hin, thus we need to engage van transports for our associates. The vendor said that he is not registered as Private Limited or Company Limited; thus the payment will be to the company’s owner even though all transactions, quotation and billing will be under his company name. The invoice will not include tax; The THB 4,000 quotation is NETT.
Our question is can we pay him even though he is not a company?
Answer: It is OK that he is not a company. When you pay hi, you will have to ask for his ID card copy duly signed indicating that he received the amount of money from you. You said his quoted price was not. We assumed that he will not let you withhold 1% tax (transportation is subject to 1% withholding tax), then your company will have to bear it. You have to submit the withholding tax to the Thai Revenue Department even though you did not withhold it.
Contact MSNA for all your accounting and tax questions.
Branch office of foreign company and VAT registration
When a branch office of a foreign company has obtained a Foreign Business License from the Department of Business Development as required by Thailand Foreign Business Law, can it start operation without VAT registration?
You can start the operation of the branch office now. However, if your sales will reach Baht 1.8 M within the time before VAT registration, please refrain from issuing the invoice (whose amount will make the total sales to-date reach Baht 1.8 M) until you have registered VAT.
When a company’s gross income has not reached Baht 1.8 M in an accounting year for the first time, it is not required to be in the VAT system. However, your customers normally will not understand this and they will ask you for a tax invoice anyway. So that means you should register VAT before you make income from sales or services. If you are not registered in the VAT system, you cannot issue a tax invoice. You can only issue an invoice and a receipt and you cannot collect VAT from your customers. VAT can be collected by the companies that are registered in the VAT system.
Learn about Thailand VAT here.