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Thailand Specific Business Tax

Certain types of businesses are subject to Specific Business Tax (SBT) rather than Value Added Tax (VAT). Businesses subject to SBT must pay VAT on their purchases of goods and services but are not entitled to a VAT credit. The SBT ranges from 2.5 – 3.0 per cent on monthly gross receipts. When a monthly return is filed and SBT is paid, an
additional amount of 10% of the SBT payable is levied as a municipal tax.

Businesses that are subject to SBT

  • Banking, financial and similar business
  • Life Insurance
  • Pawn Brokerage
  • Real Estate
  • Any other business specified by the Royal Decree i.e. business engages in repurchasing agreement (REPO) and factoring

Activities of certain entities are exempted from SBT such as:

  • Activities of Bank of Thailand, Government Savings Bank, Government Housing Bank and Bank for Agriculture and Agricultural Cooperatives
  • Activities of the Export-Import Bank of Thailand, the Industrial Finance Corporation of Thailand, Asset Management Corporation, Small Industrial Finance Cooperation and Secondary Mortgage Corporation
  • Activities of National Housing Authority, Government Pawn Brokerage and Pension Fund
  • Activities of selling securities listed in the Stock Exchange of Thailand

Specific Business Tax Base and Rates

Business

Tax Base

Tax Rate

Banking, Finance and similar business Interest, discounts, service fees, other fees, profits from foreign exchange

3.0

Life Insurance Interest, service fees and other fees

2.5

Pawn Brokerage Interest, fees, remuneration from selling overdue property

2.5

Real estate Gross receipts

3.0

Repurchase Agreement The difference between selling price and repurchasing price

3.0

Factoring Interest, discounts, service fees and other fees

3.0

Filing Specific Business Tax Return and Payment

SBT taxable period is a calendar month. SBT return (Form SBT 40) must be filed (and payment must be submitted) on a monthly basis by the 15th of the following month
whether or not the business has income.

Contact MSNA for your accounting and tax questions.

 

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Thailand BOI Incentives

The Board of Investment of Thailand offers a wide range of incentives and services to foreign investors that can help them to make their investments more profitable.

Thailand BOI Promotion provides privileges to attract more and more
investors to set up their operations here in Thailand. The privileges are
summarized as follows:

Tax incentives

  • Exemption/reduction of import duties on machinery.(section 28/29)
  • Reduction of import duties for raw or essential materials.(section 30)
  • Exemption of juristic person’s income tax and dividends.(section 31 and 34)
  • A 50 percent reduction of the juristic person’s income tax.(section 35(1))
  • Double deductions from the costs of transportation, electricity and water supply.(section 35(2))
  • Additional 25 percent deduction of the cost of installation or construction of facilities.(section 35(3))
  • Exemption of import duty on raw or essential materials for use in production for export.(section 36)

Non-Tax incentives

  • Permit for foreign nationals to enter the Kingdom for the purpose of studying investment opportunities.(section 24)
  • Permit to bring into the Kingdom skilled workers and experts to work in investment promoted activities.(section 25 and 26)
  • Permit to own land.(section 27)
  • Permit to take out or remit money abroad in foreign currency.(section 37)

Guarantees

  • The State will not nationalize the activity of the promoted person. (section 43)
  • The State will not undertake a new activity in competition with the promoted person’s. (section 44)
  • The State will not monopolize the sale of products similar to the promoted person’s.(section 45)
  • The State will not impose price controls on the products of the promoted person’s.(section 46)
  • The State will grant permission to export at all times.(section 47)
  • The State will not allow any government agency, government organization or state enterprise to import any kind of the product being produced by the promoted person into the Kingdom by granting import duty exemption.(section 48)

Protection

  • To charge extra import fees into the Kingdom on products similar to those produced by the promoted person at a rate not exceeding 50 percent of the price of overseas insurance and freight charges, effective for a period of not more than one year. (section 49)
  • In the case of where the Board is of the opinion that Section 49 is inadequate for protecting the activity of the promoted person. it will increase the measure by banning the import of products similar to the local productions. (section 50)
  • In the case where the promoted person encounters any problem or obstacles in the course of carrying out the promoted activity, the Chairman will have the power to render any appropriate assistance.(section 51)

We at MSNA together with our team of BOI experts and auditors can guide you to fully understand how to take full advantage of the BOI incentives, guarantees, protection and privileges. Moreover, we can also help you in complying with the BOI standards particularly in terms of reporting requirements.

Contact MSNA for an expert advice regarding Thailand BOI Promotion.

 

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VAT on goods purchased from overseas company but delivered in Thailand

An MSNA’s accounting client has asked us a question about the VAT on purchase of
goods from a company overseas.

We just ordered some products from a US-based company. This US Company contracts a
Thailand-based manufacturer to produce these products and directly deliver to
us on behalf of them. Is there any VAT to be accounted for? How should we
recognize it?

Answers by THAI ACCOUNTANT:

Sales of goods between a Thailand-based company and a company based overseas with the
goods being manufactured and delivered in Thailand by a Thai manufacturer would
be considered as sales of goods in Thailand (under Section 77/2(1) of the Thai
Revenue Code) that is subject to 7% VAT.

For your case, since you ordered from a non-Thai company (US-based), you would be responsible to self assess the VAT on the gross payment, file a VAT remittance return (Form Por Por 36), and remit the VAT to the Revenue Department by the 7th day of the following month in which the payment was made. Thus, a receipt issued to you by the
Revenue Department after you paid for the VAT can be used as your company’s input
tax invoice which is creditable against your output tax in the tax month when
VAT is remitted.

In the event that you did not account for VAT, both you and US-based Company would
be both liable to pay for the VAT deficit and a surcharge of 1.5% per month on
the tax deficit. Both of you will also be subject to a fine for not submitting
VAT.

Contact MSNA, Thailand Accountant, for your accounting and tax questions.

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Thailand VAT on Reimbursement for Toll Fees

Today, THAI ACCOUNTANT got an inquiry about Thailand VAT on reimbursement for toll fees .

I own an agency for travel & tours around Thailand. We hire the vans and
driving services from another company. It is specified in our transport rental
agreement that we are responsible to pay for toll fees but in practice, their
drivers pay for the toll fees first whenever we have tours and we reimburse those
fees to them later. Should this reimbursement of toll fees be included in their
service fee and we have to pay VAT on it?

Answer:

As long as there is an evidence or proof that you are reimbursing the toll fees to
the vendor company based on the toll fees receipts, the toll fees are not
considered as part of the service fees and thus, not subject to VAT.

Contact MSNA for your Thailand accounting and tax questions.

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Human Resource Outsourcing with MSNA

Like MSNA’s Accounting Staffing Solutions, we provide human resource outsourcing services to our clients both based in Thailand and overseas.

In general, we outsource HR functions such as:

  • Human resources administration
  • Payroll processing
  • Employee benefits and office administration
  • Office management
  • Others, depending on client’s business needs

Our main concern is to maintain the happiness of our clients in doing business. With
MSNA’s services, you can expect:

  1. Time and cost efficiency savings because we will handle the paperwork and process the recruitment
  2. Reducing usage of office space and stationery because we will outsource such functions
  3. Staffing flexibility because we will provide the additional resources for a fixed period of time at a consistent cost.
  4. Development of internal staff; because when we outsource such functions, we will also train the company’s staff
  5. Level of continuity and reducing the risk on management; because we will outsource such functions, there will be no high employee turnovers and risk on the company’s daily operation.

We understand how to add value to your company that is why we are here as your
partner to ease the burden of your business needs by helping you in saving your
time and costs in managing your human resources.

Please contact MSNA for your questions regarding our Human
Resource Outsourcing Service
.

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Thailand Flood Relief Loans

The Thai Cabinet on its recent meeting has approved the Baht 250 billion principal loans to flood-affected businesses: industrial companies, small medium enterprises (SMEs) and independent business operators or self-employed workers.

Out of this Baht 250 billion, approximately Baht 210 billion will be provided to SMEs while an estimated Baht 15 billion are for those flood-hit industrial parks and the rest will be provided to independent business operators and self-employed workers.

Under this scheme, the loan provided to borrower is subject to a 3% annual interest rate with repayment terms of 3 years. Baht 120 billion out of Baht 250 billion will be provided by commercial and private banks and Small Business Credit Guarantee Cooperation will guarantee the 30% of the credit for each borrower. Approximately Baht 50 billion will come from the Japan’s Bank for International Cooperation and an estimated Baht 40 billion will be from matching funds between the Government Savings Bank and commercial banks. The rest of the amount will be distributed by the Government Savings Bank.

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Thailand Corporate Income Tax and VAT on improvement of leasehold property

Here are Corporate Income Tax and VAT questions from MSNA’s accounting client who owns his business in Bangkok, Thailand, about expenses on improvement of leasehold
property. Read on for the answers from THAI ACCOUNTANT.

We prepared ourselves for the flood. In fact, we improved pavements on the
vicinity and neighboring properties of our office and even constructed a wall
to protect our office from floodwaters. However, we are just leasing this
factory building. Can we include the expenses as deduction for our CIT
computation? How about the VAT for the building materials that we bought?

Answers by THAI ACCOUNTANT:

When you build a wall and improve private pavements and connecting pavements on your company’s rented plot of land, you have made an improvement of the company’s leasehold
property from which the benefits cover more than one accounting period; however,
expenses incurred for such improvement are not tax deductible (under Section 65
ter (5) of the Revenue Code). Such expenses would constitute capital
expenditure that is subject to depreciation (see Section 65 bis (2) of the
Revenue Code and Clause 4 (5) of the Royal Decree No. 145). Meanwhile, for
expenses incurred to improve the sections of the pavements that are not owned or
leased by the company, it is not considered as tax deductible expense as it was
not exclusively used for the company’s business according to Section 65 ter
(13) of the Revenue Code.

As for VAT, any input VAT paid by the company for purchasing materials and
services involved in the building of the wall and the improvement of company’s pavements can be offset against the company’s output VAT. However, any VAT paid on purchasing of materials and services involved in the improvement of the sections of the pavements that
are not owned or leased by the company, cannot be offset against the company’s
output VAT since it is not an expense incurred exclusively for the business of
the company.

For Thailand accounting and tax question, contact MSNA.

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Overtime rates in Thailand

Today, Thai Business Expert received an inquiry from one of our valued clients
regarding the overtime rates in Thailand.

Our usual working hours starts at 8:30 AM and ends at 5:30 PM, Monday to Friday. We
pay our employees by monthly salary. Please confirm whether my understanding on
the following overtime (OT) rates is correct and it follows the Thai Labour Law.

OT 1: For employees who work after the usual 8 hours, any day during Monday to
Friday, OT rate should be 150% of the hourly rate?

OT 2: For employees who work for a usual 8-hour working time on a day off or holiday (weekends and public holidays), OT rate is 100% of the normal salary?

OT 3: For employees who work before or after his usual working time on a day off
or holiday (weekends and public holidays), OT rate is 300% of the normal salary?

Answer:

Yes, all overtime rates are correct although for Overtime 2 and Overtime 3, rates are to be applied to the normal hourly rates, not monthly.

Thus, for work performed in excess of the maximum number of hours fixed either by regulation or by specific employment agreement (if the latter is lower), employees must be
paid overtime compensation. The rates of overtime vary ranging from 1.5 times
to 3 times the normal average hourly wage rate for the actual overtime worked. However,
certain employees engaged in employment related work on behalf of the employer
and other types of work as prescribed by Thailand Labour Law are not entitled to overtime compensation. The maximum number of overtime working hours is limited to not more than 36 hours a week.

Contact MSNA for your questions and further information on over time computation and employee’s benefits.

 

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Filing US Tax Returns from Thailand

If you are an American citizen or a permanent resident (green card holder), living
or doing business in Thailand and you need help with your US tax returns, MSNA
has a solution for you.

MSNA, Thailand accounting company that handles the accounts of the American Chamber of Commerce in Thailand and many of its members, has been helping many American expatriates to prepare their US income tax returns.

We at MSNA together with our American CPA partners can help you ease the burden of filing your US tax returns. You don’t have to fly back to U.S.A. or spend a long time on your computer to study how to file your tax returns with the U.S. Federal tax authorities. No matter which state you came from, our team of US tax professionals will help take care of your US tax returns while you enjoy your comfortable life here in Thailand, the Land of Smiles.

For individual U.S. citizens and/or expatriates tax payers, the rules for filing
income, estate, and gift tax returns and paying estimated tax are generally the
same whether you are in the U.S.A. or Thailand because you are still required
to file your U.S. income tax returns and report your worldwide income with the
U.S. federal and state tax authorities, regardless of where you reside.

U.S. Tax Returns

In the U.S.A., tax returns are the reports filed with the Internal Revenue Service (IRS), with the state or local tax collection agency. These returns are generally prepared using forms prescribed by the IRS or other applicable taxing authorities.

Under the Internal Revenue Code, returns can be either classified as tax returns
or information returns, although the term “tax return” is used often. Tax
returns are reports of tax liabilities and payments, often including financial
information used to compute the income tax or other taxes. This report refers
to the documents filed with the IRS such as Form 1040 which is the standard US
individual tax return form although there are several variations of this form
such as 1040EZ, 1040A and other supplemental forms.

On the other hand, information returns are reports used to file information about
income, receipts or other matters that may affect tax liabilities. For example,
to report the amount of income of an employer, independent contractor, broker,
or other payer pays to a tax payer, they can use Form W-2 and Form 1099. Meanwhile, a company, employer, or party who has paid income to a taxpayer is required to file the applicable information return directly with the IRS. A copy of the
information return is also sent directly to the payee. These procedures enable
the IRS to make sure that taxpayers report their income correctly.

The following are the sample common US Federal tax returns and information returns:

Transfer taxes

Form 706,U.S. Estate Tax Return;

Form 709, U.S. Gift (and Generation-Skipping Transfer) Tax Return;

Statutory excise taxes

Form 720, Quarterly Federal Excise Tax Return;

Form 2290, Heavy Vehicle Use Tax Return;

Form 5330, Return of Excise Taxes Related to Employee Benefit Plans;

Employment (payroll) taxes

Form 940, Employer’s Annual Federal Unemployment (FUTA) Tax Return;

Form 941, Employer’s Quarterly Federal Tax Return;

Income taxes

Form 1040,U.S. Individual Income Tax Return;

Form 1040A,U.S. Individual Income Tax Return;

Form 1040EZ, Income Tax Return for Single and Joint Filers with No Dependents;

Form 1041, U.S. Income Tax Return for Estates and Trusts (for 1993 and prior years, this was known as “U.S. Fiduciary Income Tax Return”);

Form 1065, U.S. Return of Partnership Income (for 1999 and prior years, this was known as “U.S. Partnership Return of Income”) (information return);

Form 1099 series (various titles) (information return);

Form W-2 (information return);

Form 1120, U.S. Corporation Income Tax Return;

Form 1120S, U.S. Income Tax Return for an S Corporation;

In the event of any misinformation, taxpayers may file an amended return with the
Internal Revenue Service (IRS) to correct errors on a previous income tax
return. For the numerical errors, a taxpayer does not need to file an amended
return as the IRS will make the necessary corrections. Thus for individual taxpayers, amended returns are filed using Form 1040X, Amended U.S. Individual Income Tax Return.

When to file US tax returns?

Any tax return must be paid on or before April 15 of any year. However, if you are
living in Thailand or any other country outside U.S.A on that deadline, you are allowed for an automatic 2-month extension to file your return until June 15 to file your previous income tax returns for the previous calendar year. In case you are not
able to file your returns within June 15, you can file for an additional
extension request which extends the due date until October 15. In the event
that you are liable to submit income taxes and you were not able to pay the
estimated tax liability on April 15, you are responsible to pay additional interest
charges and related penalties for any underpayment.

If you file your income tax return each year while residing in Thailand, the
statute of limitations for IRS audits will expire three years after those tax
returns were filed. That means the IRS cannot check back any fraud or
substantial understatement of your income and try to audit or change those
returns at a later date. Thus, U.S. citizens and expatriates should always file their tax return even if they don’t have taxable income and/or any tax liabilities.

If you do not file your U.S. income tax return of a particular year, whether a return
is required or not, the statute of limitations on tax assessments for that year
never ceases. For example, if you reside overseas like Thailand for 10 years and then you return to U.S.A., the IRS may question why you did not file income tax returns for those years. In case it is proven that you intentionally avoided paying U.S.
taxes as a U.S. citizen for 10 years, the IRS has the authority to require you to pay your taxes for additional 10 years. As long as you are a U.S. citizen or expatriate,
you are always responsible to pay your U.S. taxes.

Contact MSNA when you need your prepare US tax returns.

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Tax Incentives to Promote Thailand’s Competitiveness

The Thai Cabinet has recently approved the following incentives in corporate income
tax rates in order to boost Thailand’s competitiveness:

1. Incentives in general

For companies or juristic partnerships the applicable corporate income tax rates
will be reduced from 30% to:

– 23% for the accounting period ending on or after 31 December 2012

– 20% for the accounting periods commencing on or after 1 January 2013

For small and medium enterprises (SMEs) with paid-up capital of not exceeding Baht 5 million on the last day of the accounting period and income of not exceeding Baht 30 million from sales of goods or services during the accounting period, the
applicable corporate income tax rates are as follows:

– The first Baht 150,000 of net profit is exempted from tax.

– 15% for the portion of net profit exceeding Baht 150,000 and up to Baht 1,000,000 for accounting periods commencing on or after 1 January 2012

– 23% for the portion of net profit exceeding Baht 1,000,000 for the accounting
period ending on or after 31 December 2012

– 20% for the portion of net profit exceeding Baht 1,000,000 for accounting periods commencing on or after 1 January 2013

If paid-up capital exceeds Baht 5 million or income from sales of goods or services
exceeds Baht 30 million, the normal corporate income tax rates will be applied.

2. Incentives for Listed Companies

2.1 For entities listed on the Stock Exchange of Thailand within 31 December 2009
which are entitled to 25% corporate income tax rate, the applicable corporate
income tax rates are:

– 23% for the accounting period ending on or after 31 December 2012

– 20% for the accounting periods commencing on or after 1 January 2013

2.2 For entities listed on the Market for Alternative Investment (MAI) except for
those which are still entitled to 20% corporate income tax rate until the
accounting period ending 31 December 2011, the applicable corporate income tax
rates are:

– 25% on the first Baht 50 million of net profit for accounting periods ending on
or after 31 December 2011.

Eventually, the Cabinet’s resolution does not apply on the applicable tax rates on the sum over Baht 50 million for accounting period ending on or after 31 December 2011.
However, it can be presumed the normal 30% corporate income tax rate should
apply to the sum over Baht 50 million and the reduced tax rates as applicable
to other cases should also apply going forward as follows:

– 23% for the accounting period ending on or after 31 December 2012

– 20% for accounting periods commencing on or after 1 January 2013

Contact MSNA, Thai accounting company, for your Thai tax and accounting questions.

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