December 2018

New Burden for Direct Marketers

Government now requires direct marketing operators to place a guarantee with the Office of the Consumer Protection Board of Thailand (“OCPB”) in order to protect consumers. The Ministerial Regulation, issued under the Direct Sales and Direct Marketing Act B.E. 2545 (A.D. 2002), and already published in the Government Gazette, became effective on 20 November, 2018. The new law intends to enhance Thailand’s consumer protection framework.

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November 2018

Thailand Amended and Relaxed Conditions for the Smart Visa

Thailand’s Smart Visa scheme has been in effect since 1st February of last year. Currently, fewer than expected numbers of foreigners have been utilizing the Smart Visa option. For this reason, the Board of Investment, along with representatives from the government and the private sectors, met to discuss improvements to this promising immigration scheme.

October 2018

Thai National Legislation Assembly endorses Transfer Pricing Law

Following the public hearing in mid-2017 and final approval by the Thai Cabinet on January 2018, Thailand’s draft transfer pricing law sailed through the final reading session of the National Legislation Assembly on 27 September 2018.  The law intends to create transparency, reduce profit shifting between related entities, and prevent double taxation issues in transfer pricing between related companies or enterprises. 

July 2018

Goods & Raw Materials Report for VAT purposes

The Revenue Code requires VAT operators engaging in trade and manufacturing businesses to prepare a Goods & Raw Materials Report for VAT purposes.  From the author’s experience, several trade and manufacturing companies do not prepare complete Goods & Raw Materials Reports.  This article provides general rules about the report, tax implications, and penalties imposed on violating operators.

June 2018

Five businesses to be removed from FBA’s Annex III

The Director-General of the Department of Business Development (“DBD”) recently announced removal of the following five services businesses from List III (21) of the Foreign Business Act B.E. 2542 (A.D. 1999) (“FBA”)

May 2018

Single-Point Additional Duty Payment Program

The Customs Department is offering its “Single-Point Additional Duty Payment Program” (“Program”) to importers/exporters or entrepreneurs. The Program is intended to assist these commercial taxpayers self-disclose customs violations and make the correct tax payments.  This Program is the first of its kind under the Customs Act B.E. 2560.

April 2018

Thai SMART Visa - All That Glitters Is Not Gold

The Smart Visa immigration scheme went into effect on February 1 of this year.  The Smart Visa option reflects government’s effort to attract highly-skilled foreigners. The Smart Visa offer targets foreign entrepreneurs, high-level executives, highly skilled employees in science and technology, and investors to work and invest in 10 target industries-automotive, electronics, tourism, agriculture and biotechnology, among them. Government means well in its offer, as it often does. Though, one should consider whether the Smart Visa is a practical immigration scheme or just more “devil in the details.”

March 2018

Stamp Duty, a sometimes bitter pill

Business people are routinely unaware of Stamp Duty and the ways and means needed to comply. As a result, they find themselves not only owing Stamp Duty, but also a surcharge that can be considerably expensive. It does not have to be that way. In this edition, we provide an overview of Stamp Duty in Thailand. We also spotlight hire-of-work agreements, as these service instruments are notorious for snagging contract parties into considerable tax liability.

February 2018

Post Clearance Audit Regulation

Since enforcement of the Customs Act B.E. 2560 on 13 November 2017, the Thai Customs Department has been gradually issuing secondary legislations and/or regulations to be applicable under this new Customs Act. Customs Notification No. 171/2560, RE: Post Clearance Audit at Places of Business (“Notification,”) is one among such regulations.

January 2018

Cabinet Endorses Draft Transfer Pricing Law

It is becoming real. Prudence, not haste, is warranted. But, tardiness is not an option.

On 3 January 2018 Cabinet endorsed the draft transfer pricing law.  Key issues in the draft are summarised as follows: