OUR LAW TALKS 2021

December 2021

2021 In Review- A Roller Coaster Ride to a Happy New Year, 2022

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We will say “goodbye” to 2021 and will welcome 2022.  The year 2021 was a roller coaster ride for most with government’s COVID-19 controls and new tax schemes, and tax law revisions to ease economic hardship.  The Author will address the major tax overhauls that will affect most businesses next year.

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November 2021

Transfer Pricing Update: MNEs to File Country-by-Country Report (CbCR)
in Thailand

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The Revenue Department recently issued Director-General’s Notification on Income Tax No. 408 (“DGN 408”). The new law requires multinational companies to prepare and submit a Country-by-Country Report (“CbCR”) in compliance with the Organization for Economic Co-operation and Development (“OECD”) and the Base Erosion and Profit Shifting (BEPS) framework.

Multinational enterprises (“MNEs”) with consolidated group revenue exceeding Baht 28,000 million for the previous 12-month accounting period must submit a CbCR, together with their corporate tax return (“Form P.N.D. 50”), to the Revenue Department.

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October 2021

Transfer Pricing Update:

Additional Documents Required for Related Party Declarations

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The Revenue Department recently issued Director-General Notification on Income Tax No. 407. The new law requires certain parties to prepare documents or evidence necessary for transfer pricing analysis among related companies or juristic partnerships (“Notification No.407”).

Corporate taxpayers with revenue exceeding Baht 200 million in any accounting period must disclose their related party transactions to the Revenue Department. Notification No.407 is part of these broader disclosure requirements, which intend to establish whether related parties execute transactions at market prices (a.k.a arm’s length price).

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September 2021

Tax Consideration on Capital Increase

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Capital Increases enable companies to bankroll growth, create a convincing equity story for investors, and even help avert insolvency and dissolution.  Recognized as equity, the capital is not taxable income.  Until recently, however, the Revenue Department and the Supreme Court have viewed increased share capital as income that must be included as net profits for corporate income tax (CIT) purposes.

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August 2021

New Interest Rate Scheme

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Government recently amended the Civil and Commercial Code (“CCC”) lowering statutory annual and default interest rates in place since 1925. The new rates are effective as from 11 April of this year.

The amendments are intended to improve fairness for debtors and set rates in line with current economic conditions. The changes also supplement Bank of Thailand interest rate measures implemented in 2020.

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July 2021

Digital Asset

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Business operators and individual investors are showing a spiking interest in digital assets as alternatives to traditional investments. In response to this trend, Thailand’s Securities and Exchange Commission (“SEC”) introduced a real-estate backed initial coin offering, an addition to the current laws, to allow business operators to procure funds for investment.


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June 2021

Customs Affairs in Thailand-(2) Violations and Sanctions

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In this edition, we continue our discussion of customs errors and violations commonly made by importers. The author hopes to encourage awareness, especially of the legal consequences, and help importers improve their compliance framework. This article continues our customs series. Article 191, the first in the series, was published in April 2021.


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May 2021

New Rules to Write Off Bad Debt

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The Revenue Department recently announced new rules to write off bad debt for corporate income tax purposes. The new rules intend to resolve issues that had long barred taxpayers from writing off bad debts. In this article, the author addresses only rules applicable to non-financial institutions.


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April 2021

Customs Affairs in Thailand

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DRKI has been representing clients in an increasing number of disputes with Thailand’s Customs Department.

In this series of articles, DRKI discusses errors commonly made by importers to create awareness of these issues and perhaps provide readers a basis, or an encouragement, to perform their own internal customs compliance checks.


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March 2021

Electronic Signatures: Utility & Limitations

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Thailand has approved the use of e-signatures under the Electronic Transactions Act B.E. 2549 (“Act”). Thailand now recognizes electronic signatures ascribed to contracts and other documents as legal equivalents to physical signatures. The move is expected to facilitate business and keep Thailand and its economy abreast with the global digital transformation. 


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February 2021

VAT Regime of Electronic Services (e-Services)

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Starting 1 September 2021, government will levy VAT on foreign digital services (e-services) consumed in Thailand, a move anticipated to collect nearly Baht 5 billion in state revenue, annually.

This article discusses the principles of the new tax and those to be impacted.

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January 2021

PDPA Compliance Guide for Businesses

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There is a 5-month countdown until 1 June 2021, the date Thailand’s Personal Data Protection Act (“PDPA”) becomes effective. Government will actively enforce this law. Every business must be ready to comply. We provide a PDPA checklist to help readers assess their readiness for the PDPA.

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