Tag Archive: board

  1. Board of Investment (BOI) Thailand: what incentives are available?

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    The BOI was established as a government agency under the office of the Prime Minister carrying out the Investment Promotion Act (B.E. 2520; 1977, as amended) to promote certain types of highly sought-after foreign and domestic investment in Thailand. Today, the BOI can guarantee different incentives to an investor.

    The BOI has discretionary authority to grant certain trade, taxation, employment, financial and other benefits.

    boi

    In this article, we would like to summarize what incentives can be obtained, in an ideal scenario, as a maximum:

    • Exemption of import duties on
      • Machinery
      • Raw or essential materials imported for use in production for export
      • Materials for R&D activities
    • Corporate income tax exemption for up to 13 years
    • Maximum 50% CIT reduction for up to 10 years (in case of no CIT exemption)
    • 50% CIT reduction for up to five years in the case of investments being located in the designated areas
    • Deduction of up to 70% of the invested capital from net profits derived within 10 years (ITA- Investment Tax Allowance)
    • Double deduction of public utilities costs (for investments located in the designated areas
    • 25% additional deduction of infrastructure construction and installation (for investments located in the designated areas)

    Non-tax incentives are available at the BOI’s discretion and include such investment privileges as:

    • Foreign ownership of the Company
    • Control over Thai corporations
    • Land ownership
    • Expedited visas and work permits for foreign executives and technicians (and their families).

    If you have any questions regarding the BOI application and its benefits, feel free to contact us at [email protected]

  2. Overview of the Board of Investment (BOI) privileges

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    The Board of Investment (BOI) was established pursuant to the Investment Promotion Act (B.E. 2520; 1977, as amended) for purposes of promoting certain foreign and domestic investment that are seen as welcome in Thailand.

    1. BOI Policies

    The Board of Investment has set investment promotion policies as follows:

      1. Promote investment that helps enhance national competitiveness by encouraging R&D, innovation, value creation in the agricultural, industrial and services sectors, SMEs, fair competition and inclusive growth;
      2. Promote activities that are environment-friendly, save energy or use alternative energy to drive balanced and sustainable growth;
      3. Promote clusters to create investment concentration in accordance with regional potential and strengthen value chains;
      4. Promote investment in border provinces in Southern Thailand to help develop the local economy, which will support efforts to enhance security in the area;
      5. Promote special economic development zones, especially in border areas, both inside and outside industrial estates, to create economic connectivity with neighboring countries and to prepare for entry into the ASEAN Economic Community (AEC); and
      6. Promote Thai overseas investment to enhance the competitiveness of Thai businesses and Thailand’s role in the global economy.

     

    1. BOI Incentives

    In addition to authorizing foreign majority ownership and control over Thai corporations, the BOI has discretionary authority to grant certain trade, taxation, employment, financial and other benefits.

    BOI incentives are divided into two categories (tax incentives and non-tax incentives) and specified in the BOI certificate granted to successful applicants.

    The BOI certificate is accompanied by a list of conditions. If the applicant fails to meet the conditions (and remain in compliance therewith) the BOI certificate is subject to revocation.

    • Non-Tax Incentives

    Non tax incentives are available at BOI’s discretion and include such investment privileges as majority foreign ownership, land ownership and expedited visas and work permits for foreign executives and technicians (and their families).

    • Tax Incentives

    BOI’s basic package of tax incentives includes the following (subject to modification by the BOI on a case-by-case basis):

      • Exemption or reduction of import duties on imported machinery;
      • Exemption or reduction of import duties on imported materials and components;
      • Exemption of corporate income taxes for three (3) to eight (8) years, with permission to carry forward losses as deductible expenses for up to five (5) years;
      • Exclusion of dividends derived from promoted projects from taxable income during corporate income tax holiday.

    BOI tax incentives vary in accordance with the specific product or service under the promoted project, and the geographic location of the promoted project.

    1. Promotion Criteria

    BOI bases its determination on promotion privileges upon the following factors:

    • Total capital investment;
    • Debt to equity ratio (3:1 for newly established projects)
    • Projected number of Thai employees;
    • Foreign technology transfer, technical assistance, and training;
    • Environmental impact of projects; and
    • Project location.

    Under the current policy, the BOI distinguishes between so-called activity based and merit based incentives.

    1. Application procedure

    After submission of the complete application, the process of approval will require 40 days. Upon such approval, the business may start to operate. However, in the following there will be an additional process required for obtaining the BOI certificate.

    The BOI officers in charge usually speak English well and they make themselves available to clarify any questions regarding the application requirements.

    Please feel free to contact us if you have any inquiries: [email protected]