Tag Archive: business

  1. Leasehold vs Usufruct for Foreigners

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    Properties in Thailand do not serve only as investment assets but also as residences and business premises, attracting both locals and foreigners.  

    While Thai law still restricts foreigners from owning certain estates in Thailand, ownership is not the sole means of leveraging property in Thailand. Thai legal framework offers various alternatives for individuals, including foreigners, to exploit the property’s potential regardless of the ownership. This flexibility allows foreigners to derive significant benefits from properties, with a prime example being land, which they are prohibited from owning but can lease. 

    Leasehold 

    The Thai Civil and Commercial Code governs property leasing in Sections 537 to 571. Leasehold is one of the prominent methods to acquire property in Thailand as a foreigner.   

    A leasehold is recognized for its characteristics as a long-term legal structure. Section 540 of the Thai Civil and Commercial Code states that the long-term time frame would run up to a maximum of thirty years and may be renewed for another thirty years. Nonetheless, if such land is used for commercial purposes, it may be leased for up to fifty years and renewed for another fifty years.    

    There are a few steps that the lessee needs to comply with in order to successfully register the lease and get the most advantage of the leasehold. Section 538 of the Thai Civil and Commercial Code has set forth the key requirements: it must be made in writing and registered with the competent official at the land office; otherwise, it will only be enforceable for three years. Apart from the benefit of long-term use, there are other significant characteristics the lessee would acquire.  

    After the lease is registered, the lessee would have full rights over such property; however, the lessee is only allowed to use such property for the purpose that is agreed in the contract. Any other use, such as subletting, would require the lessor’s consent. Therefore, an action excluded from either party’s scope would be considered a breach of contract. Despite the leasehold rights over such property, the lessee must be aware that the lessor still holds the right to put such property for sale or into mortgage; if this were the case, the lessee’s rights would not be affected and would remain the same. 

    Moreover, the lessor and the lessee may agree that the right to lease shall be inheritable. The Thai Supreme Court Judgement no.11058/2559 has affirmed and ruled regarding the inheritance of the right to lease.  

    Due to the low legal threshold, leasehold became a commonly used method among individuals, particularly foreigners, who want to fully enjoy the property apart from having ownership. 

    usufruct

    Usufruct 

    On the other hand, Thai law provides an alternative choice from a lease with slightly different characteristics. It is known as usufruct and is set forth under Section 1417 of the Thai Civil and Commercial Code. Usufruct has become one of the main alternatives to leasehold for individuals who want to benefit from a property other than having ownership. This means the beneficiary, recognized as the usufructuary, will only have the right to possess the property. Similarly to leasehold, the period when the usufructuary can benefit from the property can be agreed upon between the parties; however, the main difference is that the usufructuary does not have a maximum usage period. It can be arranged to lead up to the lifetime of the usufructuary without a need for renewal, which makes it less complicated than a leasehold. 

    Even though usufruct enables the usufructuary to benefit from such property for a lifetime period, still, the usufructuary may only benefit from the existing property that is registered for usufruct while rights to alter, demolish, or change any substance of the property are prohibited unless it has been consented by the owner. A primary example would be where the usufructuary can lease out the property without seeking prior consent from the owner. 

    Although the property owner would have more privilege than the usufructuary, Thai law has implemented a regulation to prevent any default regarding the prevailing ownership. It is provided that any transaction that would create encumbrance due to usufruct would require the consent of all the parties. For example, if the property owner wishes to sell such property, the approval of the usufructuary would also count as a requirement of such a sale. This would also give the usufructuary the right to prevent the property owner from selling or mortgaging such property.  

    Even though the usufruct can be agreed upon for a lifetime, such a right is deemed a personal right that is not inheritable. It must terminate with the death of the usufructuary or when it reaches the expiration term as agreed upon by both parties.   

    The chart below provides an overview of the above-mentioned two legal structures: 

    Conclusion  

    Due to the numerous advantages, leasehold, and usufruct stand out as favored approaches that allow foreigners to unlock the potential use of property in Thailand. These benefits make them valuable tools for individuals seeking to benefit from the property for an extended period despite not having ownership.  

    Nevertheless, it is still critical to consider that each method has limitations, and it may not serve the needs in every case. It is crucial to carefully assess the most suitable option to ensure the desired utilization of the property. 

    Please do not hesitate to contact us if you have any questions regarding leasehold or usufruct at [email protected] 

    Fabian Doppler Connect with me on LinkedIn

    Fabian, a founding partner of FRANK Legal & Tax, is a German-trained lawyer with expertise in corporate/commercial and real estate law, and litigation, and has been living and working in Thailand since 2005.

  2. Thailand Elite Visa Membership Packages Set to Transform

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    Thailand Elite Visa Membership Packages Set to Transform

    The current Thailand Elite Visa membership packages are due to be discontinued in their current form. To adapt to the global economic landscape, a new suite of offerings will be made in October 2023. This move reflects the intent to modernize and cater to a diverse client base, aligning with changes in the world economy. The packages in their old form were stopped on September 15, 2003.

    The End of the Old, the Dawn of the New

    The previous Thailand Elite Visa, which garnered much attention for its exclusivity and privileges, has been discontinued. In its place, Thailand now presents a revamped selection of Elite Visa programs, catering to a wider range of preferences and needs.

    Thailand Privilege Visa: GOLD Package

    The GOLD Package is designed for individuals seeking a 5-year stay in Thailand. It provides a 5-year multiple-entry visa at a cost of 900,000 Thai Baht, without any recurring annual fees. This visa option includes 20 privilege points annually, allowing holders to explore the country’s rich culture and landscapes.

    Thailand Privilege Visa: PLATINUM Package

    For those interested in an extended stay and additional benefits, the PLATINUM Package is a viable choice. It offers a 10-year membership with a 5-year multiple-entry visa, which can be renewed for an extra 5 years. The main applicant pays 1.5 million Thai Baht upfront, with no annual fees, while additional applicants can join at a cost of 1 million Thai Baht each. This package provides 35 privilege points per year, enhancing the Thai experience.

    Thailand Privilege Visa: DIAMOND Package

    The DIAMOND Package is tailored for long-term stays and premium advantages. With a 15-year membership that includes a 5-year multiple-entry visa, renewable twice during the 15-year period, this option offers in-depth exploration opportunities. The main applicant invests 2.5 million Thai Baht upfront, with no annual fees, and additional applicants can join for 1.5 million Thai Baht each. Holders of this package benefit from 55 privilege points per year.

    Thailand Privilege Visa: RESERVE Package

    The RESERVE Package stands out as the most exclusive option, extending for 20 years or more. It includes a 5-year multiple-entry visa, renewable three times within the initial 20-year membership, and an option to apply for another 5-year visa afterward. This package is available only by invitation and is priced at 5 million Thai Baht, without any annual fees. Holders receive 120 privilege points annually, offering access to Thailand’s finest experiences.

    Eligibility Criteria

    Before delving into the specifics of these Elite Visa programs, it’s crucial to understand the requirements for qualification. To be eligible for these programs, applicants must meet certain criteria:

    • Hold a foreign passport.
    • Complying with Thai immigration laws, which means having no record of overstaying in Thailand.
    • Please note that according to current information, these programs do not have an age limit.
    • Have no history of imprisonment in any country, except for offenses committed due to negligence.
    • Not have a bankruptcy record.
    • Not have a legal status as a person of unsound mind, incompetent, or quasi-incompetent.

    These new Thailand Elite Visa programs cater to a diverse and wealthy audience, whether you’re a traveler, an entrepreneur, or someone simply looking to immerse yourself in the rich tapestry of Thai culture. With multiple options to choose from, Thailand continues to welcome individuals from around the world, offering a chance to explore the country’s unique charm and opportunities.

    If you’re considering an extended stay in Thailand, these Elite Visa programs provide a gateway to the country’s rich culture and diverse landscapes. Stay tuned for further updates and insights into travel and business in Thailand.

    Disclaimer: Visa requirements and terms are subject to change. It is advisable to consult official sources or legal experts for the most up-to-date information.

    If you have any questions about the Thailand Elite Visa membership options, please contact us at [email protected]

    Andreas Seela

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    Andreas, Associate at FRANK Legal & Tax, is a licensed German lawyer with expertise in corporate/commercialreal estate, and tax law, and has been living and working in Thailand since 2023.

  3. Setting Up a Second Residence in Thailand

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    Setting up a second residence in Thailand has become a popular option for many high-net-worth individuals looking for a safe, stable, and convenient location to reside. With its favorable climate, world-class healthcare system, and vibrant culture, Thailand offers a unique and appealing lifestyle for those seeking a second home. However, before making the decision to establish a second residence, it is important to consider the legal and tax implications, as well as the family’s circumstances and priorities. 

    In this article, we will outline the key steps based on our experience to take in order to establish a second residence in Thailand, as well as some of the legal and financial considerations you should keep in mind. 

    Determine your eligibility 

    The first step in setting up a second residence in Thailand is to determine whether you are eligible to do so. In order to establish a second residence in Thailand, you must have a valid non-immigrant visa. This can be obtained through a variety of means, including work, education or retirement. 

    Setting up a business in Thailand 

    There are many legal requirements associated with setting up a business in Thailand. You may need help during the planning stage of your investment or during your day-to-day business operations. In our experience, without the expertise of a law firm that can communicate in Thai, registering your company in Thailand can be complicated and time-consuming. 

    Obtain the necessary work permit and visa 

    In order to live in your second residence in Thailand, you will need to obtain certain permits, such as a work permit if business is bringing you to Thailand. As with all work permit applications, experience really speeds up the whole process. 

    Research property options 

    The next step once you have decided where in Thailand you would like to set up a second residence is to research the different property options available to you. This may include apartments, condos, or houses. There are many websites and resources available to help you find the right property for you, including real estate agents and online listings. When researching properties, it is important to keep in mind your budget, as well as any legal and financial considerations, such as taxes and insurance, and legal limitations for foreigners. 

    Register your property 

    Once you have found the right accommodation, you will need to register your property with the appropriate authorities. This will typically involve filling out various forms and providing proof of ownership. 

    Tax implications 

    Thailand has a number of taxes that you will need to consider when setting up a second residence. These may include income tax, property tax, and other taxes and fees. 

    When considering the tax implications, it is important to keep in mind that taxes are not typically the top priority for families setting up a second residence. Higher priorities include safety, geopolitical stability, healthcare, language, location, climate, schools, cost of living, and quality of life. However, the tax rules and legal system should still be evaluated and considered before making a decision. 

    Conclusion 

    When setting up a second residence, it is crucial to work with a reputable and reliable law firm that can guide you through the process. The law and tax firm will work closely with the client’s external advisors to evaluate the family’s matrimonial property regime, estate plan, and tax breaks offered by the destination country. They will also play a key role in ensuring that no aspects are overlooked, as they have a holistic view of the situation. 

    If you have any legal or tax questions about setting up a second residence in Thailand, please contact our expert team at [email protected]  

    Fabian, a founding partner of FRANK Legal & Tax, is a German-trained lawyer with expertise in corporate/commercial and real estate law, and litigation, and has been living and working in Thailand since 2005.

  4. Short-term rental businesses via online platforms in Thailand

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    As the economy recovers from the COVID-19 crisis, Thailand is again attracting more and more tourists to the country. Visitor numbers are increasing, and short-term rental businesses through platforms such as Airbnb, including daily rentals via other online platforms, are gradually becoming more popular, encouraging villa and apartment owners to set up short-term rentals to allow tourists to stay in their properties.

    Problematically, however, properties in Thailand are generally not allowed to be rented out for less than 30 days unless you have a hotel license, while condominium units are restricted to being used for short-term rentals under Thai Condominium laws.

    In our experience, acting contrary to these requirements may constitute a criminal offense under Thai law.


    Online rental platform – what is it?

    An online rental platform is an online marketplace for travelers looking for accommodation, for example, Airbnb, Agoda, or Booking.com. The groundbreaking model allowing private landlords to host vacationers and business travelers has effectively transformed the digital platform into the “world’s largest hotel”.

    Online rental platform’s legal status is still uncertain

    Online rental platforms continue to face massive criticism for being major competitors to regular hotel and accommodation businesses. Hotel owners are not pleased about declining revenues while continuing to pay the overhead costs for their properties. As a result, they view online rental platforms such as the Airbnb model as an unacceptable hardship. As a result, like other countries, Thailand has imposed restrictions against Airbnb and its operations.

    For condominiums

    We have to be focused on two Acts, the Condominium Act B.E. 2522 (1979) (the “Condominium Act”) and the Hotel Act B.E. 2547 (2004) (the “Hotel Act”).

    The Condominium Act, section 17/1 paragraph 2 states that no person shall be permitted to operate their business in the condominium except for the provided specific area of the condominium building. This regulation applies to short-term rentals via an online platform.

    Another concern is the Hotel Act. Under the Hotel Act, the definition of “hotel” is a lodging premise established for commercial purposes to provide temporary accommodation to a traveler or any person for consideration. Therefore, a monthly rental or more is exempt from the definition of temporary accommodation of the Hotel Act.

    Section 1336 of the Thai Civil and Commercial Code (“CCC”) states that the unit owner can enjoy his rights over his property if it does not disturb others. However, the Condominium Act, which governs the usage of the condominium unit, prohibits the condominium owner from using his condominium unit for short-term rental.

    For house

    Regarding landed property, the related piece of legislation is the Hotel Act which is, in principle, the same as for the condominium unit, which restricts the usage to short-term rental, except if such house owners have a hotel license. If the house owner has more than 4 rooms and is entitled to hold more than 20 occupants at a time, the property owner is entitled to apply for a hotel license to operate a short-term rental legally.

    On the other hand, the house owner is entitled to apply for the non-hotel license if the property has fewer than 4 rooms and cannot hold more than 20 tourists at a time but still wants to operate a short-term rental. The owner has to apply for a non-hotel license. This will allow a short-term rental of a house to be valid and legal.

    There are some specific requirements for each type of license. For example, for a non-hotel license, the owner must be a Thai national. Foreigners or juristic persons may not apply for this type of license. The reasoning behind this rule is to increase local people’s income, who could use their houses as accommodation for tourists as their additional main income source. The hotel license has stricter requirements than non-hotel licenses, such as hotels may not be located near historical sites, and entrance to the hotel must not cause traffic problems. Moreover, before applying for a hotel license, the building must also comply with the Building Control Act B.E. 2522. The regulation stipulates many more obligations for the applicant to comply with.

    Conclusion

    The legality of online short-term rental platforms in Thailand is still up in the air. The condominium is not allowed to rent on a daily or weekly basis. However, this is not a general rule, and it depends on whether each condominium regulation allows it.

    In order to legally operate a short-term rental business, the house owner requires a hotel or a non-hotel license, as the case may be, subject to the Hotel Act. A house with fewer than 4 rooms and 20 occupants maximum shall obtain a non-hotel license; however, a house with more than 4 rooms and more than 20 occupants in the building must obtain a hotel license.

    Thus, the legal status of online short-term rental platforms is still unknown as there is no clear answer by government authorities whether it is possible to do or not. 

    If you have any questions related to property in Thailand, please do not hesitate to contact us at [email protected]

  5. FRANK Legal & Tax listed on Lexology

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    We are pleased to share that we are now listed on Lexology, one of the leading sites for international legal updates, analysis, and insights. At FRANK Legal & Tax, we strive to ensure that you can connect with us through various quality legal channels. Explore our hub here: https://www.lexology.com/contributors/frank-legal-and-tax

    If you have any questions about partnerships, please do not hesitate to contact us at [email protected] or call us at +66 (0)2 117 9131 or 2.

  6. DBD Certification: Verification System and Trustmarks

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    In this article we discuss the different types of verification marks of the Department of Business Development (“DBD”). It will look at the requirements for each verification mark and the purpose of the verification system based on our experience.

    In line with current economic trends, e-commerce has become an important part of our lives, yet most e-commerce websites lack credibility in customers’ eyes. To address this problem, DBD established a verification system named “Trustmark Thai”. Trustmark Thai is a system for issuing a certification mark that helps e-commerce businesses gain credibility and customer trust.

    It is noteworthy that the Trustmark Thai verification system is unrelated to the trademark registration system; furthermore, the verification system under the scheme should be distinguished from marketing and sales licenses.

    1. Verification System Overview

      DBD Registered” Trustmark


      The DBD registered certification mark is a certification that an e-commerce business can gain by registering with the DBD

       DBD Verified” Trustmark

      In e-commerce, the “DBD Verified” trustmark should inspire confidence. It is issued to e-commerce operators to boost their credibility, by showing that the website has passed the DBD’s e-commerce business quality standards assessment.

    2. DBD Verification System

    “Silver Verified” Trustmark

    The “Silver Verified” trustmark is issued to juristic persons who pass DBD qualifications as below:

    • Registered the business with DBD
    • Consecutively submitted financial statements.

    “Gold Verified” Mark

    Representing an excellent level, the DBD Verified Gold mark is available to juristic persons who meet the below DBD qualifications:

    • Registered the business with DBD for at least one year
    • Consecutively submitted financial statements for at least one year
    • Pass the following e-commerce quality standards
      • Disclosure
      • Fairtrade/service terms
      • Website Security
      • Privacy
      • Dispute resolution
      •  

    “Platinum Verified” Mark

    Representing outstanding level, DBD Verified Platinum Trustmark is available to juristic persons that pass DBD qualifications as below:

    • Registered the business with DBD for at least two years
    • Consecutively submitting financial statements for at least two years
    • Pass the following e-commerce quality standards
      • Disclosure
      • Fairtrade/service terms
      • Website Security
      • Privacy
      • Dispute resolution
    • The website has been awarded the gold level mark for two consecutive years.

    After registration with the DBD, it will issue a letter of authorization to use the verification mark and verification code on the website, which will be valid for one year and must be renewed every year.

    3. Conclusion

    The DBD created five different trustmarks, each with its own set of requirements. The trustmarks serve the purpose of establishing credibility for the e-commerce industry. The DBD created three tiers of verified

    Trustmarks to help customers decide which business is trustworthy. Furthermore, it should be noted that in order to operate an e-commerce business in Thailand, a sales and marketing license is still mandatory, such as a direct sales license.

    Feel free to contact us at [email protected] if you have any questions about the above information.

  7. Thailand’s Import Procedures

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    All goods that are imported into Thailand must be reported to the Thai Customs Department. The steps required to import products into Thailand legally are outlined below.

    Step 1 – E-Customs system registration

    As of January 1st, 2007, the procedures for importing goods into Thailand have been centralized into the online e-Customs system. In order to register for the e-Customs system, the importer must first obtain a “digital certificate” prior to registration. A digital certificate is an electronic signature file used to confirm the identity of the sender of electronic documents and the authenticity of said documents.

    Once a digital certificate is obtained, the importer may then proceed to register for the e-Customs system. Companies can either register with the system directly (i.e. at their own office) or through an agent. If a company decides to register through an agent, the agent will handle all aspects of the registration process. If a company decides to register to use the e-Customs system directly, the following steps must be taken:
    e-Customs software must be installed on the company’s IT system, and digital certificates must be verified;

    • the importer must register with Thai Customs at one of the following places:
      • The Registration and Customs Privileges Sub-Division;
      • Customs Procedures and Valuation Standard Bureau;
      • or the General Administration Division at each Customs office;
    • the accuracy and readiness of message exchange with the e-Customs system must be tested;
      • once tests are completed successfully, the Communication and IT Bureau will issue an e-Customs registration ID, and the process is complete.

    Step 2 – Review of controlled goods

    Two separate checks must be made before goods are imported: first, products that require an import permit (if any) must be identified. A range of goods requires import permits issued by different agencies before the date of arrival. Second, it must be ascertained if products are considered ‘red line’ goods (as opposed to green line). Red line goods are goods found to be at high risk or requiring additional certification and verification upon arrival. When importing red line goods, it is necessary to provide the following supporting documents:

    • Bill of Lading (B/L) or Air Waybill
    • Invoice
    • Packing List
    • Import License (if required)
    • Certificates of origin
    • Other relevant documents (e.g. list of ingredients, technical standards certificates, etc.)

    There is no definitive list of red line goods. However, the e-Customs system will inform the importer once the Import Declaration has been submitted (see Step 3) whether the goods are considered red line or green line. As such, it is crucial to ensure the correct paperwork is prepared for all imports in order to be prepared for a shipment being flagged as being red line.

    Step 3 – Submission and verification of the declaration

    Once all correct documentation is prepared, an Import Declaration can be submitted to the e-Customs system together with an arrival report with the information of the vessel carrying the shipment of goods. The e-Customs system will then check and verify the submission, identify any discrepancies, and specify whether the shipment is considered green line or red line.

    Step 4 – Payment of taxes and duties

    Thai Customs Tariff Decree B.E. 2530 (1987) stipulates that “goods imported or brought into, exported, or taken out of the Kingdom shall be chargeable with and liable to duty”. Some items are exempt from import duties.

    For goods that are subject to import duties, payment can be made at either the Customs Department of the port of entry or via the e-Customs system’s e-Payment section.

    Step 5 – Inspection and release

    The final step before the imported cargo is released is the inspection of the goods. For green line goods, this is a simple online screening and will take only a few minutes. For red line goods, all the supporting documents will have to be presented, and the cargo must be physically examined by customs officials.

    If you have any question regarding the Thailand’s Import Procedures, Feel free to contact us at [email protected] or +66 (02) 117 9131 – 2. 

  8. Seminar on BOI promotion with a full house of Bangkok business professionals

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    FRANK Legal & Tax hosted a seminar on BOI Promotion for Tech Startups, attended by a full house of businesspeople working in the tech and digital sectors in Bangkok.

    The event provided an opportunity to explore BOI promotion related to the tech industry in Thailand and gave insights into the various BOI categories that are relevant to IT, software development and tech business.

    The audience asked a number of questions based on their own experiences of planning or trying to pursue BOI promotion in Thailand.

    The event was a success, drawing attention to the importance of the rule of law in doing business in Thailand, and raising awareness of the ways in which business people in Bangkok can take advantage of BOI promotion.

    FRANK Legal & Tax looks forward to continuing events related to important legal issues and we welcome any questions you may have about doing business in Thailand by contacting us at [email protected]

  9. Exemptions from the Foreign Business Act

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    With the ministerial regulation by the Ministry of Commerce of June 25th, 2019, the following services provided by foreign-owned companies, to affiliated companies, are excluded from the obligation to obtain a Foreign Business License according to Schedule Three (21) of the Foreign Business Act.

    • Lending money to affiliated companies in Thailand;
    • Renting out office space
    • Providing consultation and recommendations in the following sectors:
      • Management;
      • Marketing;
      • Human resources;
      • Information technology.

    It needs to be mentioned that it is possible to provide consultation and recommendations to affiliated companies that are located outside of Thailand.

    Before the new regulation came into effect, foreign companies providing these services had to obtain a Foreign Business License to act in accordance with the law. This required them to fulfill additional conditions which were hard to meet for small companies or Start-Ups. This new regulation is a further step, that is underlining Thailand’s effort to open its market for foreign business carefully.

    If you have any questions regarding the trademark registration, feel free to contact us at [email protected]

  10. Thailand’s International Business Center Incentives

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    Under the Foreign Business Act (“FBA”), foreigners are legally restricted in doing certain businesses in Thailand as prescribed in the lists Annexed to the FBA.

    Fortunately, there are various possibilities to obtain official permissions. And there are also government schemes available which provide for tax exemptions and tax reductions. Until now the Thai government authorities offered investment promotions for international headquarters (IHQ) and international trading centers (ITC). These have been replaced by the international business center (IBC). The differences between IHQ/ITC and IBC are as follows:

    • BOI Promotion for International Business Center

    On 11th December 2018, the BOI has published BOI Announcement No. Ngor. 1/2561 to suspend the investment promotion for 7.5 International Headquarters: IHQ and 7.6 International Trading Center: ITC. This suspension is active since the date of the announcement.

    At the same time, the BOI published Announcement No. Sor. 6/2561 to facilitate 7.34 International Business Center: IBC as a newly promoted activity. Any company wishing to apply for the new BOI promotion for IBC must comply with the conditions as follows:

    1. The company must have a business plan to provide at least one of the services enlisted in 1.1.- 1.11, to associated enterprises:
      1. Organizational administration and management and business planning
      2. Procurement of raw materials and parts
      3. Research and development
      4. Technical support
      5. Marketing and sales promotion
      6. Human resources and training and development
      7. Financial management advisory service
      8. Credit management and control
      9. Treasury center
      10. International trade
      11. Other services as approved by the Board
    2. The companies paid-up registered capital must not be less than 10 million THB.
    3. The Applicant must employ at least 10 full-time employees who have knowledge and skill which are necessary for an IBC. Exception: If the IBC hast the scope of a treasury center, only 5 full-time employees are required.

    In comparison: There is no minimum amount of employees required for IHQ/ITC.

    1. For international trade: The applicant must have at least one scope of business from no. 1.1 – 1.10 included.
    2. The company may not be eligible for the exemption of import duties on raw or essential materials used in production for export.
    3. The corporation may not be eligible for merit-based incentives.

    The IBC shall receive B1 incentives which include all Non-Tax Incentives and exemption of import duties on machinery. The new promoted activity is valid since 11th December 2018.

    1. Revenue Department Promotion for IBC

    Regardless of whether a company operates the IBC business with BOI promotion or conducts a business exempted from FBA requirements, the company may also be eligible to apply for certain IBC tax privileges directly at the Thai Revenue Department.

    An IBC is a company incorporated under Thai law and approved by the Thailand Revenue Department to provide administrative and technical support service, treasury service and/or international trading service.

    To obtain the tax privileges from Royal Decree (No 674) for IBC, a company has to fulfill much stricter requirements than under the ITC/IHQ schemes. Applicants must have paid up a minimum capital of 10 million THB, which is similar to the IHQ and ITC, but annual expenses for operation in Thailand must be at least 60 million THB, while it was 15 million THB in the former schemes. Further, the applicant is required to employ a minimum of 10 employees (if the applicant will only provide treasury services; only 5 employees). Such a rule does not exist in the IHQ/ ITC.

    There is also a possibility to switch from an old IHQ/ITC scheme to the new IBC scheme. Applicants switching from an old plan are only required to have at least 15 million THB of annual local spending.

    Because of the Royal Decree No. 674, from December the 28th 2018, there are several tax incentives for the IBC, these privileges are guaranteed for 15 years. These privileges are shown and compared to the old ITC/IHQ schemes as follows:

    1. Corporate Income tax
      1. The net income from support services, treasury services and royalty income from affiliates  is reduced by:
        • 8% for companies with an annual operating expenditure between 60 – 300 million THB,
        • 5% for companies with an annual operating expenditure between 300 – 600 million THB,
        • 3% for companies with an annual operating expenditure of over 600 million THB.
      2. There is an exemption from co-operating income tax on behalf of dividend income (local and overseas). In IHQ and ITC, there is only an exemption from dividend income derived from affiliates in Thailand.
      3. Capital gains and trading income are not mentioned in the IBC, but there is an explicit exemption in IHQ and ITC.
    2. There is an exemption from withholding tax for dividend distribution to overseas and interest payment to overseas, no difference to ITC and IHQ.
    3. There is no specific business tax for financial management service income derived from affiliated companies.

    Personal income tax for expatriate employees for the IBC is based on a 15% flat tax rate.