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Every Trader must within 30 days of commencing business, file for a business tax registration. If more than one Office then separate regs are needed. Company Income Tax in Thailand is  30% on net profits so if you make a profit each year this is what you pay.  All Thai companies are subject to income tax on income earned in and out of Thailand. Foreign companies not registered or not residing in Thailand are subject to tax on income from within Thailand. Normal business expenses and depreciation allowances, are rated  5- 100%. Your company inventory is valued at cost or market price, whichever the lowest. Net losses can be brought forward for up to five consecutive years. Interest payments on some foreign loans may be exempt from a firm’s income tax. Inter-corporate dividends are exempt from tax on 50% of dividends received. Holding companies and companies listed on the SET, dividends are exempt, provided shares are held 3 months prior to and after receipt of dividends. Foundations and Associations pay  2--10% of gross business income, but depends on what they do. International transport companies pay 3% of gross ticket receipts & on gross freight charges.

 


DEDUCTIONS : You are allowed to deduct gifts and donations up to 4% of net profit ie.: 
– 2% to approved public charities or  public benefit; 
– 2% to approved education or sports bodies. 
No deduction is permitted for expenditure that is net profit (e.g. bonuses paid as a % of net profit) at the end of the accounting period. Entertainment & representation expenses are deductible up to max. limit as  gross sales %, or of paid-up capital at the accounting period closing date, whichever is greater. 

HOW DEPRECIATION WORKS:
Depreciation of assets of limited companies and partnerships is based on cost.  Annual depreciation rates permitted by law vary from 5--20 years. 

Taxes are due on a semi-annual basis within 150 days of the 
close of a six-month accounting period, and employers are 
required to withhold personal income tax from their employees. 



BUSINESS TAX: 
Traders must keep records of all gross receipts and file monthly business tax returns and pay business tax bby the 15th day of the following month regardless they have had any gross receipts that month. You must file audited financial statements every 12 months. Small to medium Thai Companies may pay around 7500 baht for this. A corporate taxpayer files half-year returns and pays 50% of estimated annual income tax at the end of the 8th accounting period month. Failure to pay or underpay by more than 25% you will be fined up to 20% of the  deficit amount. Failure to file a tax return, late filing or filing a return containing false or inadequate information you receive penalties. Failure to file a return, and subsequent non-compliance order's to pay tax assessed, can be a penalty up to twice the amount of tax due. Penalties must be also paid within 30 days of assessment. 

STAMP DUTY: 
Payable on most documents at varying rates. 


EXCISE TAX: 
This is levied on certain types of products like fruit juice, alcoholic beverages, cigarettes, tobacco, cinemas,  etc.

NEW WITHHOLDING TAX:                                                                                                                          

The Revenue Department now require companies and limited partnerships to withhold taxes on several additional types of transactions. The categories subject to this new withholding tax include 
transactions between companies to limited partnerships. eg. brokerage fees, copyrights or similar rights, debenture and promissory note interest and fire insurance premiums. Tax rates vary from 1% to 3% of the transaction's value. Services not subject to this tax are fees for public transport, service fees, & life insurance premiums paid to hotels or restaurants. Royalties and services are now subject to 3% withholding tax. A royalty can be a from one company to another where say software is used by one company even if the software is not licensed but just used by the other company. Section 40(3) of the Revenue code. Purchasers of say software programs must deduct 3% withholding tax as set under (Tor Por 101/2544, dated June 27th, 2001).Therefore if you purchase software from a retailer for your company to use you must make a withholding tax of 3% of the purchase price & issue a withholding certificate to the shop. Following purchase you remit this amount of deducted tax to the tax dept within 7 days of the following month. If you fail to do this a surcharge will be imposed on you.

PROPERTY TAX:
Owners of land and/or buildings may have to pay annual taxes levied by the local government. Under 
the Local Development Tax Act of 1965, rates per unit vary according to the appraised value of the land. However, land personal use, animal husbandry, or land cultivation is exempt. Land taxed under the House and Land Tax Act of 1932, is based on the value of the land and buildings or any other improvements, & an annual tax is levied at the rate of 12.5% of the assessed assumed rental value of the property. Owner-occupied residences are exempt. Property Tax. There is a transfer fee of 3% of the assessed value of real estate transferred.
Normal Tax Year End Individuals - 31 December, Companies - Any consecutive 12 months.

CAPITAL GAINS TAX
Companies with ten or more employees, the government, and employees are all required to contribute 1.5% of each employee's salary (up to Bht 225 per employee per month) to a social security fund. Capital gains tax is treated as ordinary taxable income. 

PAYING TAXES ONLINE:
Taxes may be paid on-line.You will be able to make electronic payments (e-payments) for all 
categories of taxes, including income tax, following the department's launch of VAT payments, its first online service. Paying taxes online, you must apply for the service at http://www.rd.go.th . The Revenue Department will then ask to check a taxpayer's identity in person before they receive a user ID and password. But you must have an account with one of three commercial banks - Krung Thai Bank, Siam Commercial Bank or Bank of 
Asia.Later the service will be extended to those with accounts with Thai Farmers Bank, Citibank and Bangkok Bank. A lack of basic computer skills of the taxpayer rather than lack of confidence in e-transaction security were reasons why this isn't popular. The Revenue Department now provides an electronic manual with step-by-step procedures.

In May, some 135 companies had registered to use the service, but only 43 submitted all the requested information. 24 companies had made e-payment transactions, with the value of e-tax payments being approx Baht 300,000.-In June, 128 companies had applied for the service, & 1 company conducting a transaction this month so far.Corporate taxpayers are also encouraged to use the online VAT payment system. If companies paid VAT on-line and were eligible for a VAT refund, they would receive it within 30 
days, compared to 60 days.

Failure to file a return, and subsequent non-compliance with an order to pay the tax assessed, may result in a penalty equal to twice the amount of tax due. Penalties are due within 30 days of assessment. 

TAX FORMS:

Pho.Ngo.Do. 1:
Staff and management

TAX INCENTIVES FOR LISTED COMPANIES:
The Royal Decree No. 387 became law on  6 September 2001 to reduce corporate income tax rate for listed companies from 30% to to 25%   Existing listed companies  Baht 0-300 million on net profits pay 25%;  Baht 301 million or more 30%.A  newly listed companies on the MAI (Market for Alternative Investment), the newly trade board by the SET. 20%. New listed companies on the SET pay 25% on net profits.
The reduction rate is applied to only 5 accounting periods, for existing listed companies: starting from the accounting period  on or after 6 September 2001. But,  5 accounting periods for new listings registered on both the SET and the MAI will be counted from the accounting period started on or after the listing day. New listed companies must be listed within 3 years from 6 September 2001, i.e. 5 September 2004.The government issued certain conditions to close loopholes for any companies using concession rates. This means new listed company's will be granted the above reduced rate only when it does not fall under the following conditions: (A) De- listing from the SET during the period of 3 years before re- listing on the SET or MAI. (B) A company amalgamated by another existing listed company or acquiring businesses in whole or part from the existing listed companies during the period of 3 years before listing on the SET or MAI. (C)  Must not be acquired in whole or part of business of existing listed company throughout the period in which the company is entitled to tax rate reduction. Otherwise, the entitlement to tax reduction will be terminated, beginning from the accounting period where the acquisition of business has occurred.

( We wish to thank Kuhn Ornachai  for sending us the above information & the Thai Embassy, NZ for supplying us with  Business information guide. Please ask your accountant to verify as we do not accept responsibility as there could be changes since we received this information. This is only a basic guide for those interested in the tax system of Thailand & parts may not be accurate ).

The standard company tax rate in Thailand has long been 30%. Several recent changes to the company tax rate will mean that many companies will now pay tax as low as 10% or 20% on their profits. We summarise the recent changes as follows:

Regional operating headquarters:
In December, the cabinet approved a number of new tax measures for Regional Operating Headquarters (ROH) based in Thailand.Net profits from ROH Operations including interest and royalties are now subject to 10% Corporate Income Tax. The laws implementing the new tax measures have not yet been issued.The new tax measures, coupled with improvements to the existing ROH privileges, will make Thailand more competitive with traditional regional head-quarters locations such as Singapore, Malaysia and Hong Kong.

SME company tax rates:
Reduced company tax rates for small and medium enterprises (SME's) became effective on Jan 31 this year. The rates for accounting periods commencing on or after Jan 1, 2002 onward are 20% on net profits up to one million baht, 25% on net profits of one to three million baht, and 30% on net profits above three million baht.To be eligible for these rates, a company must not have more than five million baht in paid-up capital at the end of the accounting period. The Finance Ministry expects more than 85% of companies liable to Corporate Income Tax will be eligible for the reduced rates.
Listed companies:
Royal Decree No. 387 issued under the Revenue Code grants reduced tax rates for companies listed on the Stock Exchange of Thailand (SET), including the Market for AIternative Investment (MAl). The reduced tax rates for listed companies are as follows:
25% for listed companies on the SET prior to Sept. 6 2001 on net profits not exceeding 300 million Baht.

20% for companies listed on the MAl within three years from Sept 6, 2001

25% for companies listed on the SET other than the MAI within three years from Sept 6, 2001.

Five-year limitation:
The reduced rates will apply for five consecutive accounting periods only. For companies listed prior to Sept 6, 2001, the reduced rates will first apply for the accounting period beginning on or after Sept 6, 2001. For newly listed companies, the reduced rate will first apply for the accounting period beginning on or after the listing date.
Conditions apply to prevent companies listed prior to Dept. 6, 2001 from taking advantage of the lower tax rates granted to newly listed companies.
The reduced rates will not be conferred on companies that delist and then relist or on newly listed companies that carry on the business of a company listed prior to Sept. 6, 2001 due to a business transfer or amalgamation.

Venture capital companies investing in SME’s:
The Royal Decree No. 396 issued under the Revenue Code, effective from Jan. 31, 2002, grants corporate tax exemptions to venture capital companies that invest in SME’s. Dividends received from SME’s and gains arising from the transfer of shares in SME’s are granted exemption from corporate tax.
A number of rules, procedures and conditions are prescribed in the Royal Decree. Corporate shareholders in a venture capital company that receives an exemption from corporate income tax are also granted exemption from income tax on:Dividends received from the company; and Gains arising from the transfer of shares in the company. Bangkok Post, April 17, 2002

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