Today, we got an inquiry from one of the avid readers of our articles.

Question:

Hi, I’m an Asian and one of the foreigners working in Thailand. I have a valid non-B visa and Thai work permit with my employer company which submits my monthly tax and social security contribution to Thai authorities. My question is about my Personal Income Tax particularly the certain types of allowances that I can use as exemption to compute my taxes. Although I am still single at the moment, I have my aging parents back home whom I support financially every month. Can I use parents allowance for the computation of my Personal Income Tax?

Answer:

First of all, thank you for your inquiry. To answer your question, parents allowance is one of the types of allowances that are allowed for the calculation of Personal Income Tax. However, it only applies to Thai citizens. Unless your parents have obtained Thai national ID card and become Thai citizens, you cannot use parents allowance as exemption for your Personal Income Tax. Thus, if you got married and have children, you can use spouse allowance and child allowance regardless of their nationality and whether they stay with you in Thailand or in another country.

Know more about types of exemptions that are allowed for the calculation of Personal Income Tax. Contact MSNA for the computation, preparation and submission of your Personal Income Tax Returns in Thailand.

What is double taxation? How to avoid its effects to individuals and business entities?

Answer:

Double taxation is a case where tax is being levied twice from the same amount of income in two or more states, e.g. Thailand and other countries.

In order to avoid or eliminate double taxation, Thailand has entered into Double Taxation Agreement with other countries. Currently, Thailand has agreement with 55 countries whereas both residents of Thailand and the contracting states will benefit from the agreement.

In a double taxation agreement, there are credit and exemption methods. It also covers taxes on income and capital of individuals and juristic entities as well as the petroleum income tax. The petroleum income tax and the local development tax (i.e. Property tax) are covered under some treaties but Value Added Tax, Specific Business Tax and Municipal Tax are not covered under any tax treaties.

Thai double taxation treaties generally place a resident of the Contracting State in a more favorable position for Thai tax purposes than under the domestic law, i.e. the Thai Revenue Code. Thus, in the event that the rate of tax stipulated in the Revenue Code is different from that of a double taxation agreement, the rate which is more beneficial to the taxpayer will be applied.

Thai double taxation treaties in general provide income tax exemption on business profits (industrial and commercial profits) earned in Thailand by a resident of a Contracting State if it does not have a permanent establishment in Thailand. Moreover, the withholding taxes on payments of income to foreign juristic entities not carrying on business in Thailand may be reduced or exempted under the double taxation treaties.

Contact MSNA for your Thai accounting and tax questions and other business needs.

Today, Thai Tax Expert answers a question from one of our accounting clients.

Question:

Our Thai company issues Purchase Order to a company overseas but everything will be manufactured in Thailand. In this instance, there will be invoice from overseas company to our Thai company but there will be no physical documentation of shipment from overseas to Thailand. Do we need to pay taxes in Thailand? What are the taxed and tax rates involved?

Answer:

Normally when you buy goods for use or sale in Thailand from an overseas supplier, you will have to import it and pay 7% VAT at the Customs.

In your case, because the goods will be produced in Thailand and sent to you domestically, you will have to submit to the Thai Revenue Department 7% VAT with Form PP.36 within the 7th of the following month. This is to pay VAT on behalf of your overseas vendor. This VAT becomes your input VAT in the month that you submit it and it will be used to offset the Output VAT that you have to submit normally. If your company is not VAT registered, you will still need to submit Form PP.36, but you will not be able to use that VAT. It becomes part of your product cost.

And the producer in Thailand should invoice your overseas vendor for the price of the product plus 7% VAT. However, it will be your concern whether or not they treat the transaction correctly.

Contact MSNA for your accounting, tax and other business needs.

Question:

Is there any tax involve when a foreign company overseas got paid by a Thai-based company?

Answer:

Yes. A foreign company that does not carry on business in Thailand but received income from Thailand will be subject to withholding tax on certain categories of income derived from Thailand. The withholding tax rates may be further reduced or exempted depending on types of income under the provision of Double Taxation Treaty.

Contact MSNA for your accounting and tax questions.

The Thai Revenue Department has created the strategy of tax collection to handle a new challenge in order to enhance efficiency of tax administration.

The Thai Revenue Department has adopted a risk management principle, known as Compliance Risk Management or CRM, as a tool in the management of tax collection. The principle of CRM is to assess and classify taxpayers according to their credibility. If the taxpayers are classified in the “high-risk” group, tools will focus on law enforcement such as penalties and tax audits. And if the taxpayers are classified in “low-risk” group, the Revenue Department will focus on providing these taxpayers with services such as counseling and facilitating.

From this kind of management, both taxpayers and the Revenue Department are likely to benefit. As a result, this measure will reduce costs involved in tax collection and bring out good attitudes throughout all parties concerned. In fact, Revenue Departments in many countries have already adopted and implemented the CRM’s principles and they were satisfied with an increase of tax collected.

Implementation of the new strategy to enhance efficiency of tax administration is yet to be announced by the Thai Revenue Department. Contact MSNA for your Thai accounting and tax questions.

To avoid double taxation, Thailand has concluded tax treaty agreements with certain countries. As of March 2021, the countries which currently have tax treaties with the Kingdom are as follows:

1. Armenia
2. Australia
3. Austria
4. Bahrain
5. Bangladesh
6. Belarus
7. Belgium
8. Bulgaria
9. Canada
10. Cambodia
11. Chile
12. China P.R.
13. Cyprus
14. Czech Republic
15. Denmark
16. Estonia
17. Finland
18. France
19. Germany
20. Great Britain and Northern Ireland
21. Hong Kong
22. Hungary
23. India
24. Indonesia
25. Ireland
26. Israel
27. Italy
28. Japan
29. Korea
30. Kuwait
31. Laos
32. Luxembourg
33. Malaysia
34. Mauritius
35. Myanmar
36. Nepal
37. The Netherlands
38. New Zealand
39. Norway
40. Oman
41. Pakistan
42. Philippines
43. Poland
44. Romania
45. Russia
46. Seychelles
47. Singapore
48. Slovenia
49. South Africa
50. Spain
51. Sri Lanka
52. Sweden
53. Switzerland
54. Chinese Taipei
55. Tajikistan
56. Turkey
57. Ukraine
58. United Arab Emirates
59. United States of America
60. Uzbekistan
61. Vietnam

Contact MSNA for your accounting, tax and other business needs.

Are foreigners allowed to bring branded cars into Thailand?

According to the Customs, foreigners are allowed to import cars to Thailand provided that applicable taxes are paid and proper clearances are obtained. For personal use, personal vehicles such as car, motorcycle, sports boat or yachts and fishing vessel, etc. can be imported into Thailand either temporarily or permanently.

In a temporary import of personal vehicles for a short visit into Thailand by owners, tax or duty allowance can be granted provided that they are to be re-exported within 1-2 months but not exceeding six months. Any persons intending to temporarily import personal vehicles have to closely observe the regulations and conditions of Customs.

For permanent import of vehicles, new vehicles of all types that are not yet registered abroad are allowed to be imported without applying for an import permit from the Ministry of Commerce. For used or secondhand vehicles, the importer needs to obtain an import permit from the Foreign Trade Department of the Ministry of Commerce before the arrival of the vehicles otherwise he/she will be liable to a fine equal to 10% of the price of vehicle but not less than Baht 1,000 or exceeding Baht 20,000. For new or used vehicles with the weight of less than 3500 kgs., the importer needs to obtain an import permit from the Industrial Standard Institute.

Know more about your tax obligations in Thailand. Contact MSNA for consultation.

Foreign companies carrying on business in Thailand, whether as a branch or an office must apply for tax identification number from the Revenue Department. An application form (Lor Por 10.3) together with other relevant documents such as a copy of the company’s registration license, house registration, etc., shall be submitted to the Area Revenue Office within 60 days from the date of registration or operation.

Moreover, all companies whether a Thai or foreign which carries on business in Thailand must submit the corporate income tax returns and payments twice a year:

1. The half year tax return must be submitted (Corporate Income Tax PND 51 form) within two months after the end of the first six months. The amount of tax due shall be half of the entire year projection of the company’s annual net profit.
2. The annual tax return (Corporate Income Tax PND 50 form) must be submitted within 150 days after the closing date of its accounting period.

Contact MSNA for further assistance in filing your half year corporate income tax return and annual corporate income tax return in Thailand.

There are certain categories of taxpayers and income which are exempt from Corporate Income Tax in Thailand as follows:

1. The categories of taxpayers which are exempt from Corporate Income Tax are as follows:

– Companies which were granted exemption from tax for a period of time by the Board of Investment under the Investment Promotion Act (1977);

– Foreign organizations under mutual agreements or diplomatic organizations.

– Specific foundations or organizations; and

1. The categories of income which are exempt from Corporate Income Tax are as follows:

– A special purpose vehicle (“SPV”) for securitization is granted the tax exemption on income derived from a securitization project approved by the Office of the Securities and Exchange Commission (“SEC”). Nevertheless, the operation and allocation of cash inflow for the settlement of debts and expenses must follow the plan approved by the SEC. moreover, no dividends may be paid to the shareholders of an SPV until all remaining assets and benefits have been transferred by the SPV back to the originator of the securitization project and the SPV ceases to exist.

– Interest on foreign loans paid to financial institutions organized under a specific law and wholly-owned by a foreign government;

– Interest on government bonds paid to a foreign company not carrying on business in Thailand;

– Interest on foreign currency deposits received from a commercial bank used for lending to non-Thai nationals domiciled or residing abroad, foreign companies not carrying on business in Thailand and foreign banks including those with a branch or representative office in Thailand.

– Dividends received from foreign investments are exempt from tax provided that the Thai company receiving the dividends has held at least 25% of the shares with voting rights of the company paying the dividends for a period of not less than six months before the date on which the dividends were received and the dividends were derived from net profits in the foreign country taxed at a rate of not lower than 15%. In the event that a “special law” in a particular foreign country provides a reduced tax rate or exemption for the net profits, the limited company which receives the dividends is still eligible for the tax exemption;

– Dividends or share of profits paid by an unincorporated joint venture to a Thai company or foreign company carrying on business in Thailand;

– Dividends received from a Thai company by a company listed on the Stock Exchange of Thailand. Dividends received by a non-listed company from another Thai company are also exempt from tax, provided that the company receiving the dividends holds at least 25% of the total shares with voting rights without any direct or indirect cross-shareholding. In other cases where one Thai company receives a dividend from another Thai company, one-half of the dividend is exempt from tax. However, in all cases, the listed or non-listed company receiving a dividend must have held the shares in the company paying the dividend for at least three months before and three months after the dividend was received. In the case of an amalgamation (merger) or entire business transfer (EBT), the new or surviving company can include the period of ownership of any predecessor company that was part of the amalgamation or EBT when counting the three-month period;

Contact MSNA for your Thai accounting, taxation and other business needs.

At present, the Corporate Income Tax (CIT) rate is 23% for accounting periods beginning between 1 January and 31 December 2012. For accounting periods beginning between 1 January 2013 and 31 December 2014, CIT rate is 20%.

The CIT rates for small and medium enterprises (SMEs) are as follows:

i. For accounting periods beginning between 1 January and 31 December 2012:

Net profit (THB) CIT rate

0 – 150,000 -0-

150,000 – 1,000,000 15%

Over 1,000,000 23%

ii. For accounting periods beginning on or after 1 January 2013:

Net profit (THB) CIT rate

0 – 150,000 -0-

150,000 – 1,000,000 15%

Over 1,000,000 20%

In order to be eligible for the reduced tax rates, the SMEs must meet the following conditions effective from the accounting period which begins on or after 1 January 2012:

(1) The paid-up capital on the last day of any accounting period must not exceed THB 5 million;

(2) The income from the sale of goods and provision of services must not exceed THB 30 million in any accounting period.

On the other hand, banks are subject to CIT at the rate of 10% in respect of profits derived from lending to non-Thai residents from foreign currency funds obtained from non-Thai sources.

Contact MSNA for your Thai accounting and taxation questions.