Further to the duties of a taxpayer summarized in the previous article, today, Thai Tax Expert outlines the rights of a taxpayer in Thailand as follows:

Tax installment payment

For personal income tax, a taxpayer can pay any tax amount which exceeds 3,000 Baht in up to three installments without paying fines or surcharges.

A taxpayer can file a request for an installment payment of tax arrears. However, such payment must meet the requirements set by the Thai Revenue Department.

Application for exemption or reduction of fine and surcharge

A taxpayer has the duty to file his tax return and pay proper taxes on time. Should he fail to do so, he will be subject to fine and surcharge on top of the tax due. However, on some special grounds he may request for exemption or reduction of fine. A tax officer does not have the power under any law to exempt or reduce surcharge. Only in the case where the Director-General grants an extension of the time period of tax payment or remittance and such tax has been paid or remitted within the extended time period, then the surcharge may be reduced to 50% thereof.

Access to documents

A taxpayer has the right to make a copy of his documents relevant to his past tax payment record (tax returns and receipt).

Appeal in dispute of tax assessment

In the case where a taxpayer disagrees with the assessment made by the assessment officer, he has the right to appeal to the Commission of Appeals (in the form P.S.6) within 30 days starting from the day which an assessment notice has been received.

Should a taxpayer disagree with the ruling of the Commission of Appeals, he has the right to appeal within 30 days starting from the day the ruling of the Commission of Appeals has been received. Should he fail to appeal within 30 days, he no longer has the right to appeal and must pay the whole amount of tax, fine and surcharge.

Deferral of tax payment by using collateral for tax arrears

The right to appeal is not a deferral of tax payment.

A taxpayer who receives a tax assessment notice must pay tax on time as stated in the assessment notice. However, should he wish to wait for the hearing or decision of the Commission of Appeals, he has the right to defer tax payment by providing various securities as collateral in accordance with the rules and regulations of the Revenue Department.

Know more about the rights and duties of taxpayers in Thailand. Contact MSNA for Thai accounting and taxation services.

In Thailand, all juristic companies, partnerships, branches of foreign companies and joint ventures are required to prepare financial statements for each accounting period. The financial statements must be audited by and subjected to the opinion of a certified Thai auditor with the exception of the financial statement of a registered partnership established under Thai law, whose total capital, assets and income are not more than that prescribed in Ministerial Regulations. The performance record is to be certified by the company’s auditor, approved by shareholders and filed with the Commercial Registration Department of the Ministry of Commerce and with the Revenue Department of the Ministry of Finance.

Preparation and filing of reporting requirements vary based upon the type of business entity selected such as follows:

For a private limited company

The company director is responsible for arranging the annual meeting of shareholders to approve the company’s audited financial statements within 4 months at the end of the fiscal year and filing the audited statement and supporting documents including a list of shareholders on the date of the meeting to the Registrar no later than 1 month after the date of the shareholder meeting.

For a public limited company

The company director is responsible for arranging the annual meeting of shareholders to approve the audited financial statements of a company within 4 months at the end of the fiscal year. A copy of the audited financial statement and annual report, together with a copy of the minutes of the shareholder meeting approving the financial statement, should be certified by the director and submitted to the Registrar along with a list of shareholders on the date of the meeting no later than 1 month after approval at the shareholder’s meeting. The company is also required to publish the balance sheet for public information in a newspaper for a period of at least 1 day within 1 month of the date it was approved at the shareholder’s meeting.

For a foreign company such as branch office, representative office or regional office and excluding joint ventures

The Manager of the branch office must submit a copy of the financial statement to the Registrar no later than 150 days after the end of the fiscal year. In this kind of set up, approval of the shareholder meeting is not required.

To ensure that your reporting requirements are prepared properly and submitted within the specified deadline, it is essential to have a good and diligent accountant. Contact English speaking accountants of MSNA for your accounting, tax and audit needs.

Today, Thai Tax Expert talks about the duties of a taxpayer in Thailand.

A taxpayer is an individual or entity that has the duty to pay taxes and is classified into two:

1. Resident – any individual residing in Thailand for a period or several periods in total of at least 180 days in a tax year (January 1 to December 31) who has a duty to pay tax on income remitted from a source in Thailand as well as on any income from a foreign source in connection with the taxpayers’ employment or business carried on overseas or a property situation overseas and that income is remitted into Thailand within the year that the taxpayer receives that income.
2. Non-resident– the one who is subject to tax only on income from sources in Thailand.

A taxpayer has the following duties:

• File tax returns and pay proper tax
• Register for tax identification number and must also notify the Revenue Department officers of any changes in his particular details
• Pay tax as assessed by the Revenue Department officers on time
• Provide relevant documents and accounts as the law requires. These include receipts, profit and loss statements, Balance sheets, special accounts, etc.
• Cooperate and assist the Revenue Department officers and provide additional documents or information when required as well as comply with the summon

If in any case a taxpayer fails to pay a complete amount of tax, the Revenue Department assessment officer has the right to seize, attach and sell that asset (source of income) by auction even without a court decision and the cash that will be raised from the transaction will be used to pay off tax arrears. Eventually, any taxpayer who does not comply with the law will face civil and criminal action.

Understand better the Thai taxation and know more about your duties as a taxpayer in Thailand. Contact English speaking accountants and Thai tax experts of MSNA for consultation.

In Thailand, certain activities are exempted from Value Added Tax (VAT). These include:

1. Small businesses whose annual turnover is less than 1.8 million Baht;
2. Sales and import of newspapers, magazines and textbooks;
3. Sales and import of unprocessed agricultural products and related goods such as fertilizers, animal feeds, pesticides, etc;
4. Certain basic services such as:

– Transportation services such as domestic and international transportation by way of land;

– Renting immovable properties;

– Educational services provided by the government and private schools and other recognized educational institutions;

– Professional services such as medical and auditing services, lawyer services in court, and other similar professional services that have laws regulation such professions;

– Healthcare services provided by the government and private hospitals and clinics;

5. Services in the nature of employment of labor, research and technical services and services of public entertainers;
6. Goods exempted from import duties under the Industrial Estate law imported into an Export Processing Zone (EPZ) and under Chapter 4 of the Customs Tariff Act;
7. Imported goods that are kept under the supervision of the Customs Department which will be re-exported and be entitled to a refund for import duties;
8. Cultural services such as amateur sports, services of libraries, museums, zoos; and
9. Other services such as religious and charitable services and services of government agencies and local authorities.

Know more about Thai taxation and understand its complexity. Contact MSNA, English speaking accountants and tax experts in Bangkok.

In line with the ASEAN Economic Community (AEC) which will take effect in 2015, the Thai government aims to become center for Regional Operating Headquarter (ROH) for multinational companies who would like to setup their ROH to expand their operation within the ASEAN region or to prepare itself for the upcoming AEC. Being strategically located within the Southeast Asia region with networks of modern infrastructures, quality skilled labor, easy access to raw materials and attractive tax incentives significantly represent as a cost-effective investment for any companies who want to save costs and at the same time, still remain competitive. Government policies also contribute to Thailand’s apparent strengths in its position as a strategically located business hub and center for production and regional outsourcing.

The Thailand Board of Investment (BOI) act as a focal point for the investors in dealing with different government agencies by bringing together under one roof the representatives from different relevant ministries. The Thailand BOI offers assistance on applications for business licenses, factory certification, environmental impact assessments and many other matters. Besides Regional Operating Headquarter, the Board of Investment of Thailand is also promoting the following related activities with tax and non-tax incentives vary depending on the activities.

• International Procurement Offices, involving sourcing, quality control and packaging
• Trade and Investment Support Offices
• International Distribution Centers
• Distribution Centers
• Research and Development

For investors who are interested in establishing the Regional Operating Headquarter in Thailand, please visit the BOI’s website www.boi.go.th for more details on incentives and conditions in setting up a ROH. Need further assistance in setting up Regional Operating Headquarters and other business forms in Thailand, contact English speaking ThaiLawyers for business registration, license application, visa and work permit services.

The ASEAN Disclosure Standards Scheme is one of the capital market initiatives undertaken by the ASEAN Capital Markets Forum (ACMF) under its regional capital market integration plan (Implementation Plan) endorsed by the ASEAN Finance Ministers in April 2009 in Pattaya, Thailand. The Implementation Plan was developed to promote the development of an integrated market to achieve the goals of the ASEAN Economic Community (AEC) Blueprint 2015 to form an integrated ASEAN market by 2015.

This Scheme aims to facilitate cross-border offerings of securities within the ASEAN region by harmonizing disclosure requirements and support fund-raising activity. It will also benefit ASEAN and non-ASEAN issuers who make multi-jurisdiction offerings of equity and plain debt securities within ASEAN by increasing efficiency and reducing costs. Under this Scheme, when an issuer wishes to make a multi-jurisdiction offer of securities, the issuer needs to provide only a single set of disclosure documents that comply with the ASEAN Disclosure Standards to investors in each jurisdiction.

The Scheme also bring ease and cost savings to all issuers who make multi-jurisdiction offerings of plain equity and debt securities that require the registration of prospectuses or registration statements within ASEAN. Under the framework, issuers will be required to comply with a set of common disclosure standards, known as the ASEAN Disclosure Standards which are based on standards on cross-border offerings set by the International Organization of Securities Commissions (IOSCO).

Further details of the ASEAN Disclosure Standards Scheme and Implementation Plan are available on the ACMF website at www.theacmf.org. Interested to invest in Thailand, contact MSNA for your business needs.

The exporter who wants to become a Registered Exporter and receive certain privileges should submit the Registered Exporter Application Form (SorTor.1) along with the required documents to the following offices:

1. For a company under supervision of Bureau of Large Business Tax Administration can submit the application at Planning and Evaluation Division of the Bureau of Large Business Tax Administration.
2. Other companies can submit the application at Area Revenue Branch Office

2.1 For a VAT registered company located in the jurisdiction of Area Revenue Office within Bangkok area, the application must be submitted at Withholding Tax and Refunds Sub-division.

2.2 For a VAT registered company located in the jurisdiction of Area Revenue Office outside Bangkok area, the application must be submitted at Tax Processing and Refunds Sub-division.

Once the application documents are submitted, the following approval process will take place:

• The Bureau of Large Business Tax Administration or Area Revenue Office (depending on the case), will verify the credibility of the exporter who submitted the Registered Exporter Application Form.
• Then, the opinion will be sent to the Registered Exporter Classification Committee to review and send to the Director of Bureau of Large Business Tax Administration or the Director of Area Revenue Office for approval.
• The Bureau of Large Business Tax Administration or Area Revenue Office (depending on the case) will then notify the result to the exporter.

Interested in setting up an exporting company and become a Registered Exporter in Thailand? ThaiLawyers can help you for company registration, visa and work permit application. MSNA’s Thai Tax Advisors can help you coordinate with the Thai Revenue Department for Registered Exporter application.

As a way to support exporters in Thailand, the Thai Revenue Department (TRD) makes every effort to help increase the international competitiveness for local businesses. Hence, the TRD categorize exporters into ordinary exporters, good exporters and registered exporters.

Today, we summarize the criteria set by the TRD for Registered Exporters in Thailand. This is in accordance with the Departmental Instruction No. Tor.597/2545 dated 19 December B.E. 2545.

Qualifications of a Registered Exporter

For exporters who would like to be considered as Registered Exporters, they must have the following qualifications:

1. The exporter must be a juristic company or partnership or an individual who is a VAT registered.
2. The exporter must have carried on business of not less than 12 months and have ratio of goods exported abroad not less than 50% of total sales in the last 12 months prior to submitting the Registered Exporter Application form and have proof of bringing foreign currency into Thailand or a proof that shows the transaction has been set-off.
3. The exporter must have stability and continuity in operations and have ownership rights in immovable property e.g. land, building, factory and etc.
4. The exporter must have net assets exceed net debt for the last accounting period prior to submitting the Registered Exporter Application Form for a limited company or partnership.
5. The exporter must have good tax history, have paid taxes according to the real business situation, and have never avoided paying taxes.
6. The exporter must be a member of commercial association(s) or private organization(s) e.g. Thai Chamber of Commerce, Provincial Chamber of Commerce etc. and such association(s) or organization(s) can verify the credibility and reliability of the company’s financial status.

Conditions

Exporter who will be approved as Registered Exporter must meet the following conditions:

1. The exporter has VAT refund directly deposited into the bank account.
2. If possessing branch office(s), the exporter must be authorized to file tax return and pay VAT in consolidation.
3. In case an exporter is a juristic company or partnership, the Certified Public Accountant or Tax Auditor who will verify and certify financial statement for the accounting period in which the company submits the Registered Exporter Application Form, must be appointed by consent of the shareholders meeting and must follow the conditions in Section 3 septem of the Thai Revenue Code. The exporter must submit CPA’s name and registration number, CPA office’s name, an accountant’s name and accounting office’s name.

The above information outlines the general conditions and qualifications for a Registered Exporter applicant and is subject to any changes without prior notice. Interested to become a Registered Exporter in Thailand, contact MSNA for Registered Exporter application.

Today, we got an interesting question from one of our inquiring clients:

Question: We want to set up a trading company in Thailand. We will import products from overseas but we are not sure if we will be allowed. What are the products that we cannot bring to Thailand and which government agencies should we contact to get the proper permission?

Answer:

The Thai Customs Department is charged to stop the importation and exportation of prohibited goods in Thailand. It is also designated to intercept the importation and exportation of restricted goods, ensuring that all relevant laws and regulations are followed properly. Moreover, the comprehensive list of prohibited and restricted goods as well as information about the control and in the case of restricted goods to the permission to import/export may be obtained from the Department of Foreign Trade, Ministry of Commerce.

The following information from the Thai Customs generally outlines the prohibited or restricted goods in Thailand. This will give you the idea where you can obtain more information about the control and, in the case of restricted goods, to apply for permission to import/export.

Prohibited Goods

Prohibited goods are goods for which either the import into or export out of Thailand are prohibited. Any person imports or exports prohibited goods is considered as committing offences and subject to penalties indicated in the relevant national legislation. In addition, such activity is also considered as an offence under Articles 27 and 27 bis of the Customs Act B.E. 2469. It is prohibited by law to bring the following items into our out of Thailand.

• Narcotics e.g., marijuana, hemp, opium, cocaine, morphine, heroin
• Goods with Thai national flag
• Fake Royal Seals/official seals
• Fake currency, bonds or coins
• Pirated copyright goods e.g. musical tape, CD, VDO, computer software, etc.
• Obscene objects/literature/pictures
• Pornographic materials
• Counterfeit trademark goods

Restricted Goods

Restricted Goods are goods of which the import and export are restricted by law and therefore require a permit from the related government agencies. Any person imports or exports restricted goods is considered as committing offences and subject to penalties indicated in the relevant national legislation. In addition, such activity is also subjected to the offence under Articles 27 and 27 bis of the Customs Act B.E. 2469.

Although the Thai Customs is charged to stop the trading of prohibited goods and intercept the flow of restricted goods, the Ministry of Commerce in Thailand designates classes of goods that are subject to import controls, which usually take the form of permission and licensing. Although these controls are being liberalized, at present more than 50 classes of goods require import licenses from the Ministry of Commerce. These categories are frequently changed through notifications of the Ministry of Commerce. A license to import any of the restricted items must be obtained from the Ministry of Commerce prior to importation. Application for the license must be accompanied by a supplier’s order, confirmation, invoice, and other pertinent documents.

In addition to the Act imposing the above controls, a number of goods are also subject to import controls under or other relevant agencies. These include:

• The import of drugs, food and supplementary products requires prior licensing from the Food and Drug Administration, the Ministry of Health.
• The imports of weapons and ammunition, explosives, fireworks and real and replica firearms requires appropriate license from the Ministry of Interior. Other weapons such as electric shock devices must also be declared. Some of these items may require a permit, before importation.
• The Cosmetic Act stipulates that for the purpose of protection of public health, any importer of controlled cosmetics must provide the name and location of the office and the place of manufacture or storage of cosmetics, the category or kind of cosmetics to be imported and the major components of the cosmetics.
• The import or export of antiques or objects of art, whether registered or not, requires permission from the Fine Arts Department.
• The import of wild fauna, flora, fish and other aquatic fauna requires permission from the National Park, Wildlife and Plant Conservation Department, the Department of Agriculture or the Department of Fishery as the case may be.

The above information serves as a general guideline only and subject to changes without prior notice from the respective government authorities. It does not in any way replace the Thai Customs and related laws or regulations. We highly recommend that you should verify the accuracy, relevance, and completeness of the information with the concerned authorities. Hence, contact ThaiLawyers for company registration, business licenses, work permit & visa application services.

Sometimes, foreigners find it confusing on how to differentiate the visa expiration date from visa validity. Today, we discuss about the meaning of visa expiration date and how is it different from the validity of visa.

Visa expiration date is shown on the visa and it generally means that the visa is valid. Depending on the foreigner’s nationality, visas can be issued for any number of entries, from as little as one entry to as many as multiple or unlimited entries, for the same purpose of travel. When the visa is issued from multiple entries, it can be used from the date it is issued until the date it expires, for the same purpose of traveling.

On the other hand, visa validity is the time period from the visa issuance date to visa expiration date as shown on the visa. For example, if you are a foreigner who travels frequently as a tourist with a multiple entry visa, you do not have to apply for a new visa each time you want to travel to Thailand. The visa validity is the length of time you are permitted to travel to a port-of-entry in Thailand to request permission of the immigration officer to permit you to enter Thailand. However, the visa does not guarantee entry to Thailand. Each time you arrive at the port-of-entry like at Suvarnabhumi airport, an immigration officer decides whether to allow you to enter and how long you can stay. Note that only the immigration officer has the authority to permit you to enter Thailand.

Eventually, the visa expiration date should not be confused with the authorized length of your stay (permit of stay) in Thailand, given to you by the immigration officer at port-of-entry. The visa expiration date has nothing to do with your permit of stay in Thailand for any given visit.

As the Thailand Visa and Immigration rules and governing laws tend to change from time to time, it is better to seek the help of English speaking Thai Visa Experts. For your visa application needs, contact MSNA for further assistance.