Mergers and Acquisitions: Corporate Income Tax Implications

Under the Revenue Code of Thailand, what are the corporate income tax and other tax implications arising after a merger and acquisition? The basic principle under Thai law is that after a merger, the amalgamated company inherits the rights and liabilities of the former companies.1 This principle is particularly relevant in terms of tax liability. […]

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Mergers and Acquisitions: VAT Implications under the Revenue Code

Under the Revenue Code of Thailand, what are the specific value-added tax (VAT) implications that arise after a merger and acquisition? The general principle of law as stated in Sections 152 and 153 of the Public Limited Companies Act of B.E. 2535 (1992) is that a merger of companies causes the former companies to cease […]

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Registering a Trademark under Thai Law

An important principle of Thai trademark law is that words directly referencing the quality or character of the goods will not be deemed distinct and cannot be registered as a trademark. Section 7(2) of the Trademark Act of B.E. 2534 (1991). However, paragraph three of Section 7 also states that a trademark may also be […]

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Victims of Fraud in Thai Criminal Law

A fundamental issue that arises in Thai criminal law is whether a certain person directly affected by a crime may be considered a victim of that crime. This issue is particularly important because in Thailand, as in other countries that follow the European Continental Law tradition, victims are allowed to join the prosecution as a […]

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Challenging Condominium Resolutions under Thai Law

Do owners of condominium units in Thailand have the right to challenge unlawful resolutions passed by a general meeting of the condominium’s co-owners? The Condominium Act of B.E. 2522 (1979), amended as recently as 1999, has detailed rules regarding general meetings of the co-owners, but in fact does not have any provision addressing the cancellation […]

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Import/Export Companies and Tax Implications for Defective Goods

A common problem faced by import/export companies is when goods that are ordered from overseas turn out to be defective. International traders in Thailand should be aware that there are tax implications arising under the Revenue Code regarding their defective stock. Further guidance is provided in Revenue Department Advisory Opinion No. Gor Kor. 0702/8141 issued […]

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Child Custody Under Thai law

| October 9, 2015 | Family Law

Aside from divorce, child custody proceedings under Thai law may arise where it is alleged that a parent or guardian is not fit or should not be allowed to exercise parental power. Specifically, Section 1582 of the Civil and Commercial Code provides that where a parent or guardian is “adjudged incompetent or quasi-incompetent, or abuses […]

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NCPO has tentatively agreed to impose inheritance tax in Thailand

| October 1, 2015 | Property

There is currently no inheritance tax in Thailand but recent news is that National Council for Peace and Order (NCPO) has tentatively agreed in principle to impose an inheritance tax to reduce wealth inequities. It has been reported that the Ministry of Finance is looking at a graduated inheritance tax between 5 person and 30 […]

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Restricting Foreign Ownership: Amendments to the FBA

The Thai government has recently announced plans to make Thailand the financial capital of Southeast Asia. This was later followed up with an announcement that the Ministry of Commerce is reviewing whether to further tighten the definition of a foreign owned business in the Foreign Business Act. This set off alarms among many Thai-Foreign joint […]

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Defenses to Defamation

Under Thai law, defamation is generally the act of imputing something regarding a person to a third person that is likely to damage the reputation of that person. Unlike in some other jurisdictions where the act of defamation only carries civil liability, defamation is a criminal offense in Thailand punishable by up to one year […]

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