Here is a VAT question from one of our clients:

Hi, our Thai company provides information technology services, including systems monitoring and software management to a company overseas via a website based in United States. Part of our service is to send our employees to the client’s office overseas from time to time for consultation and training purposes. Do we have to include VAT when issuing service invoice to our clients?

Answer:

Services in relation to systems monitoring and software management provided to clients outside of Thailand are considered as an exportation of services which is entitled to a 0% VAT rate.

Learn more information on the VAT system of Thailand on www.MSNAGOUP.com. Contact MSNA for your accounting and tax questions.

Today, THAI ACCOUNTANT got an interesting question regarding Corporate Income Tax:

Question:

We, a registered Thai company, are entitled to receive dividends from our subsidiary company in Japan. How will this affect our Corporate Income Tax?

Answer:

Dividends received by Thai Companies from their subsidiaries which are foreign companies located overseas are exempt from corporate income tax provided that the following conditions are met:

– Thai Companies that receive dividends must hold at least 25% of shares with voting rights in the foreign company;

– Upon receipt of the dividends, Thai Companies must have held the shares for at least 6 months from the date of acquiring the shares in the foreign company;

– Dividends received must be paid out of the foreign company’s taxable profits which are subjected to normal rate of at least 15% in accordance with the foreign tax laws.

In the case that there is a tax exemption or reduction on taxable profits from the normal tax rate due to special rules or regulations in the foreign countries, the dividend income received by the Thai companies is still exempted from corporate income tax in Thailand.

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

Thailand’s Revenue Department has been encouraging Thailand
companies and other Thai tax payers to adopt Tax Returns E-filing for a few
years.

The Thai Revenue Department has the policy to go green to
cut on its paper use and manpower. It is now more than ever encouraging the tax
payers in Thailand to file their tax returns online (E-filing). Many of MSNA’s
accounting clients in Thailand have received calls from the Thai tax authority
to ask them to start using the e-filing service on the Revenue Department’s
website. Well, sorry the page is only in Thai. You can have your Thai accountant visit that page to start filing your Thailand company’s tax returns on the internet.

To start filing tax online, a tax payer has to file form Por Or 01 “Application Form
to file tax returns via the internet” which has the name, address, tax ID and
contact information of the tax payer, on the Revenue Department’s website. Then within
15 days after filing that form, the tax payer has to physically submit the
following documents to the Electronic Tax Filing Management Office of the
Revenue Department, Revenue Department Building, 27th Floor, 90 Soi Paholyothin
7, Paholyothin Road, Phayathai, Bangkok 10400 :

1. “Agreement for Filing Tax Returns via the internet”
2. The tax payer’s Thai ID card copy (in case the tax payer is a Thai individual), or copy of the tax payer’s Thailand company papers (company affidavit, and the authorized signatories’ passport copy). Note that the papers need to be signed by their owner or in case of a Thai company, the company affidavit copy has to be signed by the authorized signatories and affixed with the company’s stamp.
3. Power of Attorney. If you will not take the above documents to submit to the Revenue Department yourself, you need to make a power of attorney to appoint someone as your agent to submit the documents for you.

After you get their approval, they will send you the user ID and password and inform
you of the first month that you can start E-filing on the Revenue Department
website.

Notes:

1. E-filing your tax returns can be done only within the deadline of each kind of tax returns. For example, the withholding tax returns of the month of August 2011 can be filed online only between 1 – 7 September 2011 and the VAT return of August can be filed between 1 – 15 September. After the deadline, they can only be filed at the Revenue Department branch in your area.
2. When you are using the E-filing service on the Revenue Department website, you will have the options to make E-payment from your bank in Thailand (where you have previously applied for internet banking service) or to take the payment to a bank to deposit into the Revenue Department’s account. The payment has to be made within the tax filing deadline of each type of returns. From the example in Note 1, the deadline for making the tax payment for VAT returns of August is by the 15^th of September.

If you hire a Thai accounting firm to file tax for you, your accountant will have
to prepare all the forms for you to apply for the E-filing service.

For Thailand taxation and accounting questions, please contact us.

Thai Business Expert is asked very often about the minimum capital to register a Thai company and whether it needs to actually be paid or not. We need to take into consideration a few factors.

If you are a foreigner, we assume that you will need a work permit to run the day-to-day operation of the Thai company, you will need at least THB 2M as the registered capital for each work permit your company will sponsor. However, if you have a Thai partner who will be the authorized director who signs to bind the company, and you will not want a work permit for any foreigner, then the capital can be as little as THB 5 per share and because a company needs at least 3 shareholders, the registered capital can be as low as THB 15. However, the fee to register a company in Thailand is the same for THB 15 capital or THB 1M.

The capital has to be at least 25% paid up. However, if you need a work permit, it has to be paid up at least THB 2M for each work permit. In case the foreigner who requires a work permit is married to a Thai national, the capital can be THB 1 M for the work permit of that foreigner.

Regarding the question about whether or not you have to actually pay up the capital, you will have to in the beginning and later the company can lend the money that it has left to its directors or shareholders or any third parties.

Contact MSNA for Thai company registration or work permit services.

Most companies in Thailand choose their accounting year-end to be 31 December of each year. They need to close their books and file the Corporate Income Tax Return with the Revenue Department within 150 days after the accounting year-end.

THAI ACCOUNTANT would like to point out that the profits per accounting books are not the same as the profits per corporate income tax return. This is because there are many expenses that are included in the companies’ accounting but are not allowed by the Thai tax law, thus have to be added back to the profits in the tax return.

Good Thai accountants and Thai accounting firms should be knowledgeable on this matter.

According to Thailand Revenue Code, Section 65 Ter, the following items shall not be allowed as expenses in the calculation of net profits:

(1) Reserves except:

(a) Insurance premium reserves for life insurance set aside before calculation of profit, but only the amount not exceeding 65% of the amount of insurance premiums received in an accounting period after deducting premiums for re-insurance.

In a case where money is paid out on an amount insured on any life insurance policy whether in full or in part, only the paid amount which does not exceed the reserves under Paragraph 1 for such policy shall not be allowed as expense.

In a case where any life insurance policy contract is terminated, the amount of remaining reserve under Paragraph 1 for such policy shall be calculated in the calculation of income in the accounting period in which the contract is terminated.

(b) Insurance premium reserves for any other insurance set aside before the calculation of profit, but only the amount not exceeding 40% of the amount of insurance premiums received in an accounting period after deducting premiums for re-insurance and this amount of reserves set aside shall be income in the calculation of net profit for tax purposes in the following accounting period.

(c) A reserve set aside for bad debts or suspected bad debts from liability arising from the provision of credit which a commercial bank, finance company, securities company or credit foncier company sets aside under the laws governing commercial banks or laws governing the finance business, securities business and credit foncier business, as the case may be; but only the amount set aside which increases from such type of reserve appearing in the balance sheet of the previous accounting period.

For the increased reserve set aside under paragraph 1 and treated as expense for the purpose of calculating net profit or net loss in any accounting period, if afterwards, there is a reduction of such reserve, such reduced reserve which was already used as expense shall be included as income in the accounting period in which the reserve is reduced.

(2) Fund except provident fund under the rules, procedures and conditions prescribed by a Ministerial regulations.⁷

⁷M.R.No.183

(3) Expense for personal, gift, or charitable purpose except expense for public charity, or for public benefit as the Director-General prescribes with the approval of the Minister, shall be deductible in an amount not exceeding 2% of net profit. Expense for education or sports as the Director-General prescribes with the approval of the Minister shall also be deductible in an amount not exceeding 2% of net profit.⁸

⁸N.DG.ITNo.44

(4) Entertainment or service fees that are not in accordance with the rules prescribed by a Ministerial Regulation.⁷

⁹M.R.No.143

(5) Capital expense or expense for the addition, change, expansion or improvement of an asset but not for repair in order to maintain its present condition.

(6) Fine and/or surcharge, criminal fine, income tax of a company or juristic partnership.⁸

¹⁰R.CT.No.10/2528

(6 Bis) Value added tax paid or payable and input tax of a company or juristic partnership which is a VAT registrant except value added tax and input tax of a registrant paid under Section 82/16, input tax not deductible in the calculation of value added tax under Section 82/5(4) or other input tax as prescribed by a Royal Decree. ¹¹

¹¹R.D.No.243

(7) The withdrawal of money without remuneration of a partner in a juristic partnership

(8) The part of salary of a shareholder or partner which is paid in excess of appropriate amount.

(9) Expense which is not actually incurred or expense which should have been paid in another accounting period except in the case where it cannot be entered in any accounting period, then it may be entered in the following accounting period.

(10) Remuneration for assets which a company or juristic partnership owns and uses.

(11) Interest paid to equity, reserves or funds of the company or juristic partnership itself.

(12) Damages claimable from an insurance or other protection contracts or loss from previous accounting periods except net loss carried forward for five years up to the present accounting period. ¹²

¹²N.RD. Re: Computation of Net Profits and Net Loss of Companies or Juristic Partnerships that are Granted Investment Promotion.

R.CT.No.35/2540

(13) Expense which is not for the purpose of making profits or for the business.

(14) Expense which is not for the purpose of business in Thailand.¹³

¹³R.CT.No.13/2529

(15) Cost of purchase of asset and expense related to the purchase or sale of asset, but only the amount in excess of normal cost and expense without reasonable cause.

(16) Value of lost or depleted natural resources due to the carrying on of business.

(17) Value of assets apart from devalued assets subject to Section 65 Bis

(18) Expense which a payer cannot identify the recipient.

(19) Any expense payable from profits received after the end of an accounting period.

(20) Expense similar to those specified in (1) to (19) as will be prescribed by a Royal Decree.¹⁴

¹⁴R.D.No.315

When your company in Thailand renders services for overseas clients, if the service’s end product will be used in Thailand, you need to charge VAT on your service fee. If the service’s end product will not be used in Thailand, there is no VAT involved whether or not the services are performed in Thailand.

THAI ACCOUNTANT wants to emphasize that you should consult with a knowledgeable Thai accountant before you assume the above is applicable to your business. This is because there may be more factors involved.

If you have a company in Thailand, you should know that your Thai accounting staff may not know everything your Thai company should file in a year. Even if you hire a Thai accounting firm to handle your accounting, you need to make sure they do their job.

Here is a brief summary of what should be filed by a Thai company, but keep in mind that depending on many factors, there may be more forms that your company should file than these:

Yearly:

• Within 31 January, file form Kor Tor 26 Kor “Workmen Compensation Fund Estimate for the year …. (current year)” with the Social Security Office.
• Within 28 February, file form Kor Tor 20 “Employees Compensation Sheet to attach to Form Kor Tor 20 Kor for the year….(previous year)” and also make payment with the form Kor Tor 20 Kor with the Social Security Office.
• Within 7 February, file form “Information of foreign employees’ income” with the Revenue Department (together with the monthly PND 1 of January (see the monthly filing below). Also if during the year there is any foreign employee joining or leaving the company, this form must be filed within ^7th of the month following the transaction.
• Within 28 February, file PND 1 Kor with the Revenue Department. This is the return that summarizes all the employees’ income and tax withheld throughout the previous year.
• Within 30 April (or within 4 months after the accounting year-end), hold an AGM (Annual General shareholders’ Meeting) to approve the prior year financial statements.
• Within 27 May, (or within one month after the AGM, whichever comes first), file the audited financial statements and the copy of list of shareholders as of the AGM date with the Department of Business Development, the Ministry of Commerce.
• Within 27 May, (or within 150 days after the accounting year-end) file the audited financial statements and Corporate Income Tax Return (PND 50) with the Revenue Department.
• Within 31 August, (or within 2 months after the first half of your accounting year) file the interim corporate income tax return (PND 51) with the Revenue Department.

Monthly:

• Within the 7^th of the month, file the withholding tax returns (PND 1, 3, 53 and 54 if any) of the previous month with the Revenue Department. Also VAT return form 36 (PP 36), if any, must be filed.

PND 1 shows all the taxes withheld from the employees’ salaries.

PND 3 shows all the taxes withheld from the suppliers who are individuals.

PND 53 shows all the taxes withheld from the suppliers who are juristic persons.

PND 54 is shows all the taxes withheld from paying the suppliers overseas.

PP 36 is the Valude Added Tax (VAT) return that the company files on behalf of its overseas suppliers. Because overseas suppliers are not registered in the Thai VAT system, when the company makes payment to them, it has to submit 7% VAT on behalf of them. The VAT amount will become the company’s input tax (thus can be claimed back) in the month that the company submits it.

• Within the 15^th of the month, file the monthly Valude Added Tax (VAT) return (PP 30) with the Revenue Department. This form summarizes the input and output VAT of the previous month and it has to be filed even if there are no transactions. If the company is not registered in the VAT system, it cannot file this form.
• Within the 29^th of the month, file the social security form “Sor Por Sor 1-10” with the Social Security Office. This form shows all the social security contribution deducted from the employees’ salaries and the contribution made by the company from the previous month.

Good Thai accounting companies (like MSNA) know to file all those forms for their accounting clients. However, you may be surprised that many Thai accounting firms don’t.