Category: Administrative Law

Foreign Business: Wholesale and Retail Minimum Capital Requirements

The Foreign Business Act of 1999 restricts both wholesale and retail businesses from foreign investment, with exceptions depending on the amount of minimum capital. However, the conditions under which a foreign business may engage in either is not exactly the same and furthermore the issue is complicated by other minimum capital requirements in the Act. […]

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Foreign Business Act: Consignment Sales in Thailand

The Foreign Business Act of 1999 is the fundamental law in Thailand that serves to restrict foreign investment and foreign business activity within the country. The Act designates specific industries or types of business activities in which foreigners are either strictly prohibited from engaging in or may only engage in after applying for permission. It […]

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International Trade Without Distribution in Thailand

Aside from being a place to do business, foreign companies are also choosing Thailand as a jurisdiction to locate their businesses perhaps without actually doing business there. The reasons why a foreign company may want to locate themselves in Thailand while engaging in business somewhere else are varied and complex; it may have to to […]

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Introduction to the Technology Transfer Plan

Foreign investors in Thailand, who will be investing a majority of the capital in a business venture, have the option of applying for a Foreign Business License if the intended business is restricted under the Foreign Business Act of 1999. However, in order for the application to be approved, an important requirement is that the […]

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Income Tax Implications for Loans Between Private Companies

A Revenue Department Advisory Opinion issued on January 21, 2015 provided guidance regarding income tax implications for loans issued between private companies. The facts were that Company A was registered as a limited company, with an unspecified amount of registered capital, and with no branch offices. The accounting period of the company was April 1 […]

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Thailand: Guidance Regarding Zero Percent Value Added Tax

In principle, the Thai value-added tax (VAT) system should only apply to the sale of goods and services that occur within Thailand. However, going strictly according to legal principles, the Thai Revenue Code applies VAT to sale of goods and services outside of Thailand, but applies a tax rate of zero percent, rather than exempting […]

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Unregistered Condominium Projects in Thailand

In Thailand, the Condominium Act of B.E. 2522 (1979) provides for the registration of a condominium project. In order to register a condominium project, the developer must owned the land upon which the condominium project is situated. Once the project is registered, the Land Department official is able to issue title deeds for individual units […]

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Government Fees for Representative Office in Thailand

The Thai government charges a fee for the issuance of a Foreign Business License (a permit required for foreigners to operate restricted businesses in Thailand) which vary depending on the type of business and on how the foreigner operates businesses. The government fee depends on the type of business that the foreigner will be engaging […]

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Revised Board of Investment Policy

The Board of Investment (BOI) of Thailand has revised its investment policy in order to account for the changes in both the Thai and global economies. The BOI has announced a goal for its new policy which is based on promoting “investments offering value,” both within Thailand and for Thai investment overseas. The new policy […]

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Foreign Business Law of Thailand Q and A

The foreign business law of Thailand is quite in depth, so it is helpful to review a more detailed series of questions, especially some often over-looked points, for the benefit of foreign investors interested in doing business in Thailand. Starting from what time can a foreign company that has received permission to operate business in […]

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