Thailand Law Blog
Regional Operating Headquarter in Relation to the BOI
The Regional Operating Headquarter is another economic instrument from Thai government, providing benefits to investors who established a regional headquarter in Thailand. Various benefits provided to the investors with the aims of attracting more investment in Thailand, both tax incentives and non-tax incentives. The Revenue Department offers tax incentives, for instance, corporate income tax reduction, […]
Business Activities that Foreigners Cannot Fully Own Under the BOI Promotion
According to Thai laws, foreign investors who wish to establish a business in Thailand are restricted to the percentage of foreign shareholding allowed in a Thai company. A Thai company requires Thai nationals to hold the majority of its shares. Otherwise, the company is considered as a foreign own company and required to obtain for […]
Overview of a Corporate Income Tax in Thailand
The term corporate income tax shall be applied to either business incorporated in Thailand or foreign business which generates an income in Thailand. A Thai company refers to a company incorporated under Thai Law while foreign company refers to a company incorporated under Foreign Law. Specifically, the term applies to the following business entity; a […]
Usufruct in Thailand
Foreigners being forbidden to own land in Thailand are finding ways and means to be able to access and possess land legally. The most common mode of possession and control used is undertaking a lease agreement. However, there is another mode although not as popular but equally efficient. This option is undertaking a Usufruct Agreement. […]
Legal Effect of a Blank Share Transfer Instrument
A Blank share transfer instrument is widely used in a company limited whereby a current shareholder of a company, as a transferor, pre-sign a share transfer instrument and does not specify any particular name of the transferee, in other words, the name of the transferee is kept blank. It is questioned whether the blank share […]
Allowed Provisions in a Prenuptial Agreement in Thailand
A reading of the Thai Civil and Commercial Code on property between husband and wife will tell us what provisions are not allowed to be included in a prenuptial agreement in Thailand. To start with, the Thai CCC section 1465 gives a general qualification that any clause in the agreement which is contrary to public […]
Duties and Liabilities of the Lessee and Lessor – Thailand Property Lease
In every contract of lease, there is always a lessee (also known as the “hirer” under Thai law) and a lessor (who is also called the “letter”). The lessee, as well as the lessor, has rights and duties under the contract of lease. Thai law allows foreigners to lease real properties in Thailand such as […]
Thailand BOI – FAQ
Q: How can a foreigner invest in Thailand? A: Foreigners will normally invest in following business entities: By Thai Company Limited with Thai majority own By foreign majority own with Foreign Business License (FBL) By foreign majority own with an exception of FBL i.e. BOI, U.S.-Thai Amity-Treaty Q: What is the corporate tax structure for […]
BASIC RULES: Purchasing Condominium Units in Thailand
Since foreign nationals cannot acquire land in Thailand most are confined to the option of purchasing condominium units. The New Thailand Condominium Act of 2008 (B. E. 2522) provides for the guidelines and the regulations that covers all matters pertinent to condominiums, initially from Registration of a Condominium Project, Ownership of a Condo Unit, about […]
Is it Possible for Foreigners to Register a Partnership in Thailand?
While incorporating a partnership for Thai nationals is considered very simple with less restriction, partnership for Foreigners are restricted by, again, Foreign Business Act. There are two types of Partnership in Thailand, ordinary partnership and limited partnership. In general, according to Thailand Civil and Commercial Code, a partnership is “A contract whereby two or more […]
