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thailand boi

Thailand BOI condition of selling and administrative expenses for TISO

One of the businesses promoted by BOI Thailand is trade and investment support offices. Thai Lawyers have helped a lot of foreign clients own their business 100% by obtaining the BOI certificate. This category is for those clients who provide services in advisory, engineering and technical, International business process outsourcing, etc. The main condition for Trade and Investment Support Offices is That the company must spend at least Baht 10 million in selling and administrative expenses per year for as long as it has the BOI promotion. If not, the BOI status will be cancelled.

Regarding the Selling and Administrative expenses, they include office personnel expenses, Electricity, water, internet and telephone expenses, air fares, travelling and accommodation, freight and transportation costs, rents, repair and maintenance, entertainment expense, commission, advertising, sales promotion, interest payments (both domestic and overseas), consultancy service fees, legal fee, accounting fee, audit fee, depreciation of assets and other selling and administrative expenses.

Note that salaries of the people you hire that are the direct cost of providing services to your client are in the category of cost of services (which is not to be counted in the Baht 10M selling and administrative expenses). Salaries of the managing director, secretary, and personnel in the accounting, IT and other administration side of the business are in the category of selling and administrative expenses.

Let MSNA Group help you set up your Thailand BOI company. Contact us today.

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How long does it take to set up a BOI company in Thailand?

This question of “how long it take to set up a BOI company in Thailand?” is actually not very relevant to many people. The question we should try to answer is “how soon do you need your BOI company?”. To set up a Thai limited company, it takes about 1 week which includes reserving a name, preparing all the forms, having the directors sign them (which may add days or weeks to the process if the directors are overseas) and filing the forms with the Department of Business Development. However, to set up a BOI company, we have to add months for getting the BOI approval. If your business activity is one which is promoted by the Board of Investment of Thailand, it takes 4 months to a year. The BOI may say that it needs 40 days to approve your project, but that is only in theory. While planning for the timing of things, you should allow 4 months to a year, depending on the business activity, to get the BOI company ready to operate (have bank accounts, hire employees, invoice customers, etc.) So in total, it may take you 4 – 12 months to set up a BOI company in Thailand.

MSNA Group has BOI companies ready for sale. You can start your business right away. Why wait many months to start your business operation when you can start making money now and get the work permits for your foreign employees. You will not have to have 4 Thai employees for each work permit. You will not need a paid up capital of Baht 2M for each expat employee. Buying a ready BOI company is the best and fastest way to set up your business in Thailand.

Talk to us today and start invoicing your clients right away.

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Buying a BOI Company – Pros and Cons

Foreigners who want to own their business in Thailand 100% can choose to set up or buy a BOI company. If you decide to set up a new company and get a BOI promotion, most of the time, you will have to go through a long gruesome process for months before you can get your project approved by the Board of Investment. A perfect alternative is buying a BOI company which will allow you to start your business operation right away.

Here are some pros and cons of buying a BOI company:

Pros:

  • You can start hiring your employees right away;
  • You can start invoicing your clients and making money immediately (yes, why wait for months before you can start making money?);
  • You may take over all the existing clients if the seller agrees;
  • In many cases, the company already has accounting system in place;
  • You can get your work permit and visa extension processed in a very short time;
  • You may take over the employees if the company is in operation;
  • etc.

Cons:

  • If the company has been operating, you may need to hire an accountant to do due diligence to see the financial health of the company;
  • You may have to check for pending cases with the Revenue Department, Social Security Office, and the Department of Business Development.
  • You have to hire a law firm to check if there is any pending court cases (including the labor court);
  • You may want to check if the company has been in compliance with all the BOI conditions;
  • If you take over the employees, please note that their length of employment started before you really become their employer. Thus, if you need to let some go later, think about the severance payment rates, which depend on how long they have been hired by the company;
  • etc.

Ask MSNA Group. We may have BOI companies for sale. And we make sure the buyer and the seller get a fair deal. If you are considering buying a BOI company, especially for software business, contact us now.

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Thailand BOI for Manufacture of Multi-Purpose Engines and Equipment

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If your business receives an investment promotion from Thailand BOI for Manufacture of multi-purpose engines and equipment, you will get the following benefits only if your project has forming process of main engine parts, e.g. cylinder head, crank case, crankshaft, camshaft, connecting rod, piston and flywheel:

  • 3 year corporate income tax exemption, capped at 100% of your investment in the project (excluding cost of land and working capital)
  • Exemption of import duty on machinery
  • Exemption of import duty on raw or essential materials used in manufacturing export products for 1 year, which can be extended as deemed appropriate by the Board of Investment
  • Other non-tax incentives, which are many work permits for your foreign skilled workers and experts (without the ratio of 4 Thais per expat), permit to own land; and ability to take out money abroad in foreign currency.

However, if you project is just assembling of multipurpose engine or equipment, you will get the same benefits as mentioned above, except the corporate tax exemption.

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Cloud Service Business in Thailand

In a more and more digitalized world, the use of cloud services is in great demand as never before. If you find yourself wishing to bring your cloud services business to Thailand and take advantage of the benefits associated with the BOI promotion, we will be more than happy to assist you in Thailand BOI company registration.

To be qualified for Thailand BOI promotion and to receive the numerous benefits in form of incentives, below are the conditions to meet:

  1. Must be located in at least 2 data centers in Thailand that are certified with ISO/IEC 27001 (data center).
  2. Must have connections among all related data centers with speed of at least 10 Gbps for each connection, with backup connections at the same speed.
  3. Must be certified with ISO/IEC 27001 (cloud security) and ISO/IEC 20000-1 (cloud service).

As a company in the cloud services business, the Thai government acknowledges your importance of activities and categorizes the sector of great significance and value. The incentives under Thailand BOI includes the following.

Activity-based Incentives

  • 8-year Corporate Income Tax exemption (without cap) + merit based incentives
  • Exemption of import duties on machinery
  • Exemption of import duties on raw materials for use in production for export
  • Non-tax incentives

With a long and multifarious track record in setting up companies for foreigners and the detailed knowledge about Thailand BOI company registration, we are looking forward to giving you advice and helping you to get your company set up here.

Let us assist you to establish your business in Thailand and contact us here.

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Thailand BOI – Policies for Investment Promotion

In order to relieve the fiscal burden of the government and to respond to current and future economic situations, the Board of Investment prescribes investment policies as follows:

1.1 The efficiency and effectiveness of tax privileges given shall be enhanced. Privileges shall be granted to projects that actually benefit the economy and good governance shall be used for managing and supervising the application of tax and duty privileges. Promoted entities shall report the operating results of their promoted projects to the Board of Investment for review prior to the application of tax and duty privileges for that year.

1.2 Every promoted project that has investment capital of 10 million baht and upwards (not including land and working capital) must obtain ISO 9000 certification or similar international certification. This is to promote development of quality and production standards in Thai industries and, thereby, to enhance the competitiveness of Thai industry in the world market.

1.3 Previous conditions on exports and use of local material are repealed so that the criteria for promotion will be in line with international trade and investment agreements.

1.4 Special promotion shall be given to regions or areas with low income and inadequate investment facilities. Maximum tax and duty privileges shall be given to these regions or areas.

1.5 Importance is given to small and medium industries by applying a minimum level of investment capital of 1 million baht (excluding cost of land and working capital) for projects eligible for promotion.

1.6 Priority is given to activities in agriculture and agricultural products, projects related to technological and human resource development, public utilities and infrastructure, environmental protection and conservation and targeted industries.

Know more about Thailand BOI promotion and its privileges. Contact ThaiLawyers for consultation.

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Thailand BOI – Research and Development Activities

Can a company providing R&D activities apply for BOI promotion in Thailand?

Thai companies providing research and development business can apply for BOI promotion. Qualifying R&D activities are defined as follows:-

  1. Basic research – involves theoretical or operational activities that are conducted to explore new knowledge from basic natural phenomena and factual observation, without initially considering the application.
  2. Experimental development – involves a systematic operation based on the knowledge from research and/or experience with the objective of producing new materials, products or inventions; to install new procedures, systems and services; or to substantially improve the existing products.
  3. Applied Science – involves research to explore new knowledge with an objective to put it in practice for specific use.

Interested in getting Thailand BOI, contact ThaiLawyers for application requirements and procedures.

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Thailand Aims to Become Center for Regional Operating Headquarter (ROH)

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.

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New investment promotion strategy for knowledge-based industries

Thailand is working out a new investment promotion strategy which will focus on industrial restructuring toward knowledge-based or high-technology industries.

Five seminars have been prepared to offer opportunities for business operators across the country to express their opinions. Suggestions and recommendations offered at the seminars will be included in the proposal on the new investment promotion strategy to be presented to the Board of Investment’s board meeting. The new investment promotion policy under this new strategy is likely to be implemented in June 2013 and is believed to push for the development of Thailand as a leading production base I the world.

It is expected that BOI would place more emphasis on investment which promoted a good balance between economic growth and social and environmental development, as well as a balance between agricultural, industrial and service sectors. This includes the industries in which Thailand has good potential, such as those involved with food processing, rubber products, health care and creative industries. Other industries to receive greater attention are those related to future global trends, such as alternative energy, biotechnology and high-value-added services.

While basic incentives will be minimized, BOI will offer additional incentives for companies that have more investment in research and development, human resource training and environmental protection. It will also adjust investment rules and regulations on non-tax benefits and services to improve the business environment while encouraging Thai investors to invest more in other countries.

Interested in doing business in Thailand? ThaiLawyers can help you in business set up, work permit application and Thai visa extension. Contact now for further consultation.

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New immigration development for BOI promoted companies

In order to improve the work permit and immigration processes, the Board of Investment (BOI) has recently introduced the e-Expert System. This system allows for online processing of expatriate work permits and immigration formalities, including review and approval, through the Thailand BOI’s website whereas a user ID and password will be provided to BOI promoted companies for access and uploading of supporting documents.

This initiative towards an online environment is aimed to lessen the lead time at the One Stop Service Center and minimize paperwork. However, once approval is granted, the expatriate is still required to be physically present at the One Stop Service Center to collect and sign for the work permit and attend a short interview with the Immigration officer.

Furthermore, the benefits of this initiative can be summarized as follows:

  1. Greater transparency in the consideration process for work permit and visa extension
  2. Real time tracking of the status of applications
  3. Reduced time spent by expatriates at the One Stop Service Center

The twist is that users will need to have knowledge of the relevant BOI, work permit and immigration regulations.

MSNA team has broad range of experience assisting clients to understand the complex rules and regulations involved as well as dealing with the relevant officials. Contact us for more information and expert advice.

 

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