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Archives for July 2024

Thai Personal Income Tax of Burmese People Living in Thailand From 2024

According to Section 41 of the Revenue Code of the Thai Revenue Department, foreigners have the duty to file their taxes in Thailand as below:

  1. Income derived in Thailand

If a foreigner has income from sources within Thailand either by employment, own business or assets located in Thailand, such income is subject to income tax whether such income is paid within or outside Thailand.

  • Income derived outside Thailand

If a foreigner has income outside Thailand, such income is subject to Thailand income tax if these two conditions are met:

  • Such income has been incurred in any tax year starting from 1 January 2024 onward by a foreigner who stays in Thailand for 180 days or more in a tax year, and;
  • Such income earned from 1 January 2024 has been remitted or brought into Thailand (whether wholly or partially) in any tax year from 2024 onward

For instance, a Burmese who lives in Thailand for at least 180 days in 2024 with income from Myanmar or another country brings the money earned before 2024 into Thailand in 2024, then it will not be taxed. If he/she brings the money earned in 2024 into Thailand in 2025, then it will be taxed in 2025. However, if he/she has income earned outside Thailand but he/she is not a tax resident in Thailand and brought or remitted such income into Thailand later, it is not subject to Thai tax because he/she did not stay in Thailand for 180 days or more during the tax year.

Tax Returns to be Filed

If he has income derived from employment in Thailand only, he must submit the personal income tax return P.N.D. 91.

If he has income derived within Thailand and outside Thailand or just from outside Thailand, he must submit the personal income tax return P.N.D. 90.

MSNA Group can not only help Burmese people on how to do business in Thailand, we can also help you with Thailand taxes. If you need assistance in filing your personal income tax returns in Thailand, you come to the right place. Contact us now for more information.

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Myanmar Nationals Can Operate a Tourism Business in Thailand

Myanmar nationals can engage in tourism business activities in Thailand provided that they have a Thai partner to hold the majority of the shares of the company. This is in compliance with the rules and procedures as prescribed by Tourism and Tourist Guide Business Act B.E. 2551 (2008). Once the company is registered as a tourism business with the Department of Business Development of the Ministry of Commerce, it has to obtain a tourism business license (TAT license) from the Department of Tourism. In order to be eligible for a tourism license, the company must meet the following conditions:

  1. Being a limited company registered in Thailand having objective of operating tourism-related business
  2. Thai individuals or juristic person must hold at least 51% of the company’s registered capital
  3. Majority of company directors must be Thai nationals
  4. The authorized director(s) must be Thai nationals, at least 20 years old at the time of application, and a resident of Thailand

Tourism-related business activities within and outside Thailand are as follows:

  • Tour business
  • Tourist hotels business
  • Business related to restaurants, service places and resorts for tourists
  • Business related to the sale of souvenirs or other items for tourists
  • Business related to sports for tourists
  • Exhibition, shows, trade fairs, promotional advertisement or any other activities with the aim of encouraging and promoting tourism

Thai Lawyers of MSNA Group can help you register the Thai limited company and obtain the TAT license for your tourism business.

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VAT of a Myanmar Owned Company in Thailand

Today, a client whom we helped register a 100% Myanmar owned export company in Thailand asked us if it is necessary for them to be registered in the VAT system. Here is our response:

Normally, a company is required to register into the VAT system if the gross sale has reached 1.8 million Baht in a year or the company hires foreigners and needs to apply for a work permit because the VAT registration certificate is one of the documents requested by the Thai immigration bureau. Anyway, the company may choose to register into the VAT system before that. And once you are registered into the VAT system, you have to submit your monthly VAT returns (PP.30) with or without sale transactions. You can decide to apply for VAT refund from the Revenue Department later but keep in mind that the tax officer will request to see all supporting documents before giving you the refund.

Thai Lawyers can help you register the company into the VAT system. MSNA Group can handle bookkeeping, accounting, tax filing and consultation on Thai taxes. We will ensure that you’re your documents are properly kept in files for easier reference when tax authorities request to see them. We can also assist you in representing your company with the Revenue Department especially when you apply for VAT refund. However, we will not be responsible to speed up the process because it is up to the tax officials when they can finish checking your documents and consider your application to claim VAT. You may find helpful information on what to do once a company is registered in the VAT system, and how withholding taxes in Thailand work.

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