Once promoted by the Thai Board of Investment, the company must follow the conditions as specified in the BOI promotion certificate in order to be granted with tax and non-tax incentives.

For non-tax incentives, the BOI can grant the following:

• Majority or 100% foreign ownership of the company (100% foreign shareholding)
• Right to own the land to operate the promoted business
• Visa and work permit to expat employees
• Exemption of import duty on machinery used for R&D and training services
• Permission for taking out or remitting money overseas in foreign currency
• Permission for foreign nationals to enter Thailand for the purpose of studying investment opportunities

For tax incentives, the Revenue Department provides the following as specified on the BOI promotion certificate:

• Exemption of corporate income tax on the net profit and dividends derived from the promoted activity
• Reduction of personal income tax for expat employees
• Exemption or reduction of import duties on machinery
• Exemption of import duties on materials imported for R&D purposes
• Reduction of import duties for raw or essential materials
• Exemption of import duty on raw or essential materials imported for use in production for export

We at MSNA together with our BOI expert team can guide you to fully understand the BOI incentives that can be granted to your promoted project. We can also assist you in complying with the BOI conditions as specified in your BOI promotion certificate.

Today, one of our payroll clients asked us about the intercompany transfer of employees in Thailand. They have group of companies and would like to transfer of their staff from company Y to company Z. The compensation package is the same but can he/she carry forward the working year to the company Z?

To answer this question, it can be carried forward if the employee agrees to move to company Z. Then company Z must take over all the rights and responsibilities related to the employee. A new employment contract can be made as proof referring to the old contact that was transferred.

However, the employee also has the right to decide whether to accept to move to company Z continuously or not. If he/she does not agree, company Y must pay compensation to the employee. The employee can then choose to move with company Z and start new employment period or find another company to work for.

This is in accordance with Section 13 of the Labour Protection Act B.E. 2541, whereas if there is a change of employer or in case that the employer has registered, changed, transferred or merged with another company and it causes any employee to become an employee of a new employer, therefore, the employer shall get consent of the employee who will be transferred. The new employer shall take over all the rights and responsibilities owed to the transferred employee by the previous employer.

Moreover, under Section 577 of Thailand Civil and Commercial Code, the employer may transfer the right to a third party with the consent of the employee. The employee may have a third person render the services in his place with the consent of the employer. If either party does not agree, the other party may terminate the contract.

At MSNA Group, we provide services such as accounting, tax, payroll and financial services. Contact us now for your business needs.