Tag Archive: personal

  1. The Thai Personal Data Protection Act (PDPA)

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    The Thailand Personal Data Protection Act (PDPA) is the latest piece of legislation which offers data protection regulations against the misuse of personal data that has been collected from individuals in Thailand. The PDPA was greatly influenced by the European Union’s General Data Protection Regulation (GDPR) which set a new standard for data protection regulations around the world.

    Objectives of the PDPA

    • The objective of the PDPA is to protect all personal data, such as people’s educational background, financial status, health records, criminal records, work records and other personal data such as fingerprints, voice, identification card number or numerical data of other documents. The law prevents people from using this data for any kind of benefit without express consent from the data subject.

    The PDPA imposes penalties for non-compliance with administrative fines (up to THB 5 million), criminal penalties (imprisonment up to one year and/or fines up to THB 1 million), and punitive damages up to twice the amount of the actual damages.

    Could you or your business be subjected to the PDPA?

    If the answer to any of the following questions is yes, then your business is subjected to the rules set out in the PDPA.

    • Do you or your business process personal data?
    • Do you or your business monitor the behavior off individuals located in Thailand?
    • Do you or your business offer goods and services to people located in Thailand?

    A business falls under the scope of the PDPA if it collects personal data and offers and promotes its services to individuals located within Thailand.

    Note that according to the PDPA, the data collectors and processors do not need to be located within the kingdom of Thailand.

    Exemptions under PDPA

    • Data collected for private purposes
    • Data collected by government agencies related to national security, money laundering and cybersecurity
    • Medias subject to ethical standards and public interest purposes
    • Data collected by Members of Parliament and Judiciary
    • Data collected by credit bureaus

    The PDPA excludes 2 types of personal data namely, personal data of a deceased person, and business data such as contact details, and title or address of the business.

    Like the GDPR, the PDPA has an extraterritorial reach which means that even without having offices in the kingdom, companies offering goods and services to Thai data subjects or monitoring any behavior that takes place within Thailand will need to comply with the PDPA and appoint a representative within the kingdom. The representative is responsible for all acts done by the data collector and processors which they represent.

    Consent from the data owner

    • The PDPA states that data owners’ consent only be sought honestly, and in good faith. The PDPA also empowers data subjects to revoke their consent at any time, subject to the requirements of applicable laws and other agreements, but such revocation cannot affect the previous collection, usage, or disclosure of personal data that had been legally consented.
    • Data controllers have the obligation to ensure that proper security measures are implemented to protect personal data against loss, alteration, or modification. Data collectors would also be obligated to ensure that the data used or disclosed (when permissible) is correct, complete, and current.
    • If a data controller wishes to use or disclose personal data, it is necessary to seek the data owner’s consent in writing.
    • Subject to certain exceptions, it would also be necessary to seek consent in writing to transfer personal data overseas, and a process would be established for consideration of whether the intended recipient country’s personal data protection laws provide sufficient protection against the misuse of personal data.
    • Deemed consent (implied consent) is also applicable according to the PDPA. In situations where the data subjects have voluntarily submitted their information to the data controller. For example, if a person would like to subscribe to receive newsletters or updates via email, that person can opt-in by providing his or her email to data controller. By giving his or her email, it is deemed that that person would like to receive such newsletters or updates via email. If person no longer wishes to receive such updates, it is the duty of the data controller to provide a measure for unsubscribing (opt-out measure)

    In conclusion, the PDPA offers protection against the misuse of collected personal data from individuals in Thailand. It has an extraterritorial reach due to the fact that of data collectors and processors are outside the kingdom of Thailand, they have to appoint representatives within the kingdom, and those appointed representatives will be wholly responsible for the acts committed by the data collectors and processors. It also states that the data collectors and processors must receive consent from the data subject for them to use their personal data in any way. However, there are certain exceptions of some operations that do not require consent in the collecting and processing of personal data which are stipulated in Article 4 of the PDPA and are mentioned above.

    If you have any questions regarding the Thai Personal Data Protection Act, feel free to contact us at [email protected] or call us at +66 (0)2 117 9131-2.

  2. Tax Break for Personal Income Tax Submission 2017

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    The below tax deduction list will aid you in submitting your 2017 personal income tax (PND90, 91). The submission window is open from 1 January 2018 – 31 March 2018.

    We recommend our clients that preparations should be made in a timely fashion and the filings should be submitted by the end of next month.

    When you file your returns, the correct taxable income has to be reported. This includes any income from a source in Thailand (in particular related to your Thai employment), regardless of where it was paid in or if you’re a resident of Thailand. Hard copies of personal income tax returns must be filed with the Revenue Department by March 31, while e-filing can be done up to April 9.

    Our office would be pleased to assist you with the submission of a personal income tax return.


    Tax break for “Personal / Family”

    Personal allowance 60,000 THB
    Spouse allowance 60,000 THB
    Child allowance

    • Now, people can claim for child allowance for an unlimited number of children. Previously, people could claim for up to three children.
    • The previous child’s education allowance was cancelled. People cannot use it for tax deduction anymore.
    		 30,000 THB
    Parent allowance (spouse’s parent allowance)

    • Total allowance amount cannot be over 120,000 THB
    • Age of the parent must be over 60 years old and income not over 30,000 THB per year.
    		 30,000 THB / person
    Parent insurance allowance

    • Income more than 30,000 THB per year
    		 Not more than 15,000 THB
    Handicap allowance

    • Income more than 30,000 THB per year
    		 60,000 THB / person

     

    Tax break to support “Saving and Investment”

    Social security fund Not more than 9,000 THB
    Life insurance of the taxpayer

    • Health insurance is not over 15,000 THB
    		 Not over 100,000 THB
    Life insurance of spouse of the taxpayer

    • The spouse has no income
    		 Not over 10,000 THB
    15% of LTF mutual fund Not over than 500,000 THB
    Any of the following items as one group: 

      • Contribution to provident fund
      • Contribution to government pension fund
      • Contribution to private school teacher fund
      • Contribution to national saving fund
      • Life insurance premium calculated from 15% of income but not over 200,000 THB
    • RMF provident fund calculated from 15% of taxable income
    		 not over than 500,000 THB


    Tax break for “Asset and stimulus package of the Government”

    Interest of residence loan not over 100,000 THB
    Property purchase

    • 20% of the purchase price not over 3 MB for 5 years
    		 not over 120,000 THB
    Cost of house repairs due to flood not over 100,000 THB
    Cost of car repairs due to flood not over 300,000 THB
    Shopping tax break

    • Purchase of selected goods and service from 11 November – 3 December 2018.
    		 not over 15,000 THB


    Tax break for Donations

    • Donation for education/sports can double deduct tax but not exceed 10 percent of net profit
    • Donation for flood can deduct 1.5 percent tax but not exceed 10 percent of net profit
    • General donations amount to not over 10 percent of net profit

    For further information please do not hesitate to contact us [email protected]

  3. Reduced Personal Income Tax in 2017

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    On 19 April 2016, The cabinet approved the restructuring of personal income tax for 2017 as proposed by the Finance Ministry. The following new personal income tax rates will apply in next year:

    Tax rates

    The tax rates for employment income and hire of work are as follows:

    new PIT rate 2017

    Deduction

    Deduction against employment income 50% of assessable income but not more than 100,000 Baht

    Allowances

    The amount of assessable taxable income is net of allowances:

    new PIT rate 2017 - allowance

     

    Sources: http://www.bangkokpost.com/print/940601/

     

  4. Personal Income Tax rates reduced effective 2013

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    On 18 December 2012, the Thai cabinet approved reductions of the personal income tax rates, to take effect at the beginning of the fiscal year 2013.

    The previously five income tax brackets are being expanded into now eight brackets by adding tax rates of 5%, 15%, and 25%. The top marginal tax rate decreases slightly, from previously 37% to now 35%. This applies for net taxable income of THB 4 million or more. The tax exemption for low salaries of less than THB 150,000 remains as it is.

    This is the first major change of PIT rates for approximately 20 years. According to the Bangkok Post, details of the new tax rates are as follows:

    Accordingly, the changes will reduce tax rates for individual taxpayers in all brackets and are expected to cut the government’s tax revenue by THB 25 Billion in the fiscal year 2013. The reduction is aimed at increasing consumption and boosting the domestic economy in the long run. The opposition Democrat party, however, criticized the changes as being tax cuts for the rich.

    The income tax overhaul will also allow married couples to file their tax returns separately, a move that will save households money, but will trim around THB 7 Billion from government revenues.

    A legislative act to amend the Revenue Code will have to be passed by the parliament within March 2014, so that the new rates can take effect for the 2013 tax return to be filed in 2014.

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