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    MARKET ENTRY GUIDETHAILAND

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    1 Introduction 3

    2 Modes of Setting up a Business in Thailand 6

    2.1 Private Limited Company 62.2 Public Limited Company 8

    2.3 Branch Office 10

    2.4 Representative Office 10

    2.5 Regional Operating Headquarters (ROH) 11

    2.6 Average Time (in Days) Required for Setting up a Business 13

    3 Procedures for Immigration 153.1 General Information 15

    3.2 Visa Requirements 16

    3.3 Procedures for Work Permits 18

    3.4 Average Rent for Office Space in Thailand 19

    3.5 Average Living Costs for Expatriates 19

    4 Social Security System in Thailand 214.1 Social Security 21

    5 Special Economic Zones in Thailand 26

    5.1 Introduction 26

    5.2 Export Processing Zone 26

    5.3 Free Zone 27

    6 Opening a Bank Account in Thailand 306.1 Overview of Retail Banking 30

    6.2 Procedures for Foreigners to Open Bank Accounts

    in Thailand 31

    7 Recruitment of Local Staff 33

    7.1 Brief Overview of Labour Laws 33

    7.2 Major Recruitment Agencies and Websites 34

    7.3 Average Salary Range 34

    8 Taxation 39

    8.1 Taxation in Thailand 39

    8.2 Tax Rates 39

    8.3 Tax Incentives 42

    8.4 Double-Tax Treaty 45

    8.5 Repatriation of Profits 46

    9 Appendix 47

    Appendix I: Useful Links and Addresses 47

    10 Disclaimer 51

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    1 Introduction

    Thailand is one of the largest economies in Southeast Asia with a

    total population of approximately 66 million.1The country is con-

    sidered an emerging economy and a newly industrialised coun-

    try. After the Asian financial crisis in 1997-98, Thailands economy

    started to recover in 1999 with a GDP growth of 42 percent. To en-

    courage the recovery, the Thai government approached an open-

    market policy by inviting foreign investment and pursuing stronggrowth in exports. During the last five years (2007-2011), the av-

    erage real growth rate of the countrys GDP was 2,62 percent.2

    The majority of Thailands labour force is employed in services (46,1

    percent). However, the contribution of agriculture to the countrys

    GDP has declined recently. In 2011, agriculture contributed 13,3 per-

    cent of the countrys GDP, while industry accounted for 34 percent.

    However, employment in the industry sector was estimated to be

    less than 15 percent of the total labour force. Tourism accounts for

    approximately 6-7 percent of Thailands GDP.3The figure is typically

    higher than those of other Asian countries.

    Exports of products and services play a major role in Thailandseconomy. Thailand is the worlds largest exporter of rice and a ma-

    jor exporter of shrimp. Other major agricultural exports include

    coconuts, sugarcane, soybeans, corn and rubber. For the industry and

    manufacturing sectors, Thailand has become the worlds leading

    manufacturer and exporter of automobiles and automotive parts,

    and electrical appliances and components. Thailands major export

    partners include the US, Japan, mainland China, Singapore, Hong

    Kong and Malaysia. Thailands major import partners include the

    Japan, China, the UAE, the US, Malaysia, South Korea.

    1Source: Board of Investment, Thailand2Source: Global Finance3Source: CIA - The World FactbookConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    Thailand is a member of the World Trade Organization (WTO),

    the Cairns Group of agricultural exporters and the Association

    of Southeast Asian Nations (ASEAN). Thailand has participatedin a number of free trade agreements (FTAs) with trade partners

    around the globe, including ASEAN, China, Australia, New Zea-

    land and Japan. In addition, FTA negotiations are currently being

    undertaken with the US, the European Union (EU), India and Peru.

    Thailand has been among the most successful countries in Asiafor attracting Foreign Direct Investment (FDI). Thailand consist-

    ently ranks among the most attractive investment locations in

    international surveys, and the World Banks 2012 Ease of Doing

    Business report places Thailand as the 17th easiest country in

    the world and 2nd country in Southeast Asia) in which to do

    business. The countrys strong export performance has been en-hanced by foreign investment that has witnessed major mul-

    tinational companies establishing manufacturing operations

    for both local and international markets. To stimulate foreign

    investment, the Thai government offers various tax and non-tax

    benefits for investors through the Investment Promotion Act. In

    2010, the inflow of foreign direct investment (FDI) amounted to

    EUR 6,9billion (USD 9,67 billion).4Japan was the largest direct

    investor, accounting for approximately 34 percent of the total FDI

    inflow. Other large investors include Singapore, Taiwan, Malaysia,

    the Netherlands, Germany and the US.

    Through commercial and export success, Thailand has evolvedinto a regional hub for various industries: automobile, electric

    and electronic products, medical services, gems and jewellery,

    food and agricultural products, and tourism.

    4Source: Trading EconomicsConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    The following report aims to elaborate on the most important

    issues pertaining to the administrative, legal and financial as-

    pects of setting up businesses and hiring personnel, as well asthe living conditions in Thailand.

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    2 Modes of Setting up a Business in Thailand

    This section explains the common investment vehicles avail-

    able to foreign investors, the procedures to be followed in order

    to establish them and related regulations for each investment

    mode.

    Table 1 lists the most common modes of setting up businesses

    by foreign investors and their governing laws. In addition to

    the various modes of businesses listed in the table, a partner-ship is another common mode. However, due to the ownership

    restrictions, foreigners are generally not able to operate their

    businesses as partnerships in Thailand.

    Table 1: Different Modes of Setting up a Business

    in Thailand

    MODE OF SETTING UPA BUSINESSES

    APPLIED LAW

    Private limited company The Civil and Commercial Code

    Public limited company The Public Limited Company Act

    Branch office of a foreigncompany

    The Foreign Business Act

    Representative office of aforeign company

    The Foreign Business Act

    Regional operating

    headquarters (ROH)

    The Civil and Commercial Code

    Source: Board of Investment, Thailand

    2.1. Private Limited Company5

    A private limited company is a company with the following

    requirements:

    | A minimum of three shareholders are required;5Source: Department of Business Development, ThailandConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    | The capital is divided into shares with equal par value;

    | The par value of each share is not less than EUR 0,10 (THB 5);

    | Each shareholder has limited liability (i.e. the unpaid amount

    of the shares respectively held by them);

    | The company must be registered according to the Civil and

    Commercial Code.

    A private company may be wholly-owned by foreigners. However,

    for the business activities reserved for Thai nationals, foreigner

    participation is generally allowed up to a maximum of 49 percent

    of the companys shares.

    2.1.1 Establishment of a Private Limited Company

    The following process is required for setting up a private limited

    company in Thailand:

    | A minimum of three ordinary persons (called promoters) sign

    together to prepare a Memorandum of Association, and submit

    it for registration (registration of the Memorandum).

    | Once the Memorandum has been registered, the following

    activities shall be performed:

    Every promoter manages to get all of the companys shares to

    be reserved and bought.

    Once all shares are reserved, the promoters must, without any

    delay, hold a general meeting of subscribers which shall be

    called the statutory meeting.

    | The meeting agenda shall include the following:

    The adoption of the companys regulations, if any.

    The ratification of any contracts entered into and any expenses

    incurred by the promoters in promoting the company.

    The fixing of the amount, if any, to be paid to the promoters.

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    The fixing of the number of preference shares, if any, to be

    issued, and the nature and extent of the preferential rights

    accruing to them.

    The appointment of the first directors and auditors and the

    fixing of their respective responsibilities.

    | The directors shall ask the promoters and subscribers to pay

    the payable amount of the companys shares (at least 25 per-

    cent of the shares value).

    | Upon receiving the amount of shares, the director must reg-

    ister the company within three months from the date of the

    meeting to establish the company (registration of the com-

    panys establishment).

    2.2 Public Limited Company6

    A public limited company is a company established for the pur-

    pose of offering shares for sale to the public and the shareholders

    have the liability limited to the amount paid for their respec-

    tive shares. The above purpose must be stated in the companys

    Memorandum of Association.According to the Public Limited Company Act, a public limited

    company has the following requirements:

    | A minimum of 15 shareholders are required;

    | Each share has equal value and the payment of the shares

    value must be done one time only;| A minimum of five directors are required, with at least half

    having their registered address in Thailand.

    Subject to compliance with the prospectus, approval and other

    requirements, public limited companies registered in Thailand

    may offer shares, debentures and warrants to the public andmay apply to have their securities listed on the Stock Exchange

    of Thailand (SET).

    6Source: Department of Business Development, Thailand

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    There is no restriction on transfer of shares for public limited

    companies (except to satisfy statutory or policy ceilings on for-

    eign ownership).

    2.2.1 Establishment of a Public Limited Company

    A public limited company can be established through one of the

    following methods:

    | Registration of the companys establishment

    | Transformation of a private limited company into a public lim-

    ited company

    2.2.1.1 Registration of the Companys Establishment

    At least 15 ordinary persons (called promoters) together prepare

    and register the Memorandum of Association. Once the registra-

    tion is done, the promoters either prepare the prospectus to the

    public for buying the companys shares, or once the promoters

    reserve to buy the shares as specified in the Memorandum of

    Association, they call a meeting for the companys establish-

    ment. Afterwards, the promoters must hand over all the affairs

    and documents to the elected directors for the registration ofthe companys establishment, which shall be done within three

    months from the date of the meeting.

    2.2.1.2 Transformation of a Private Limited Company into aPublic Limited Company

    A private limited company can be transformed into a publiclimited company once the companys shareholders call for a

    meeting for extraordinary resolution according to the Civil and

    Commercial Code.

    2.3 Branch Office7

    A branch office is the same legal entity as its foreign parentcompany. The parent company maintains legal liability for con-

    tracts and for tortious acts done. Operations of branch offices

    7Source: Board of Investment, Thailand

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    are restricted under the provisions of the Foreign Business Act.

    2.3.1 Establishment of a Branch Office

    To set up a branch office in Thailand, the foreign parent companymust make a special application to the Ministry of Commerce for

    a Foreign Business Licence. Such applications must be approved by

    the Director-General of the Department of Business Development.

    A condition for the approval is that a minimum capital of EUR

    100.000 (THB 5 million)8shall be brought into Thailand within four

    years from the start-up date of the branch office. The operation

    of the branch may be allowed for a period of five years, unless a

    shorter period is applied for. If the working capital requirement

    is met, an extension of the original duration of the licence may

    be granted.

    2.4 Representative Office9

    In terms of its legal structure, ownership and minimum capital

    requirement, a representative office is basically the same as a

    branch office. However, a representative office is not permitted

    to earn any income. The scope of the activities of a representative

    office is limited to the following approved activities:

    | Identifying sources of purchase of goods or services in Thailand

    for the parent company

    | Verifying and controlling the quality and quantity of goods pur-

    chased by the parent company for manufacturing in Thailand

    | Providing advices concerning goods of the parent company

    sold to distributors or consumers in Thailand

    8Source: Thailand Law9Source: Board of Investment, ThailandConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    | Distributing information concerning new goods or services of

    the parent company

    | Reporting movements of business in Thailand to the parent

    company

    Similar to branch offices, a special application for a Foreign Busi-

    ness Licence must be made by the parent company in order to

    operate a representative office in Thailand. There are three types

    of licensing for representative offices:

    | Finance, security and credit financier offices

    | Foreign bank offices

    | International business offices

    2.5 Regional Operating Headquarters (ROH)10

    A regional operating headquarters (ROH) is considered as thesame legal structure as a private limited company. However, it is

    qualified for specific tax benefits. An ROH provides managerial,

    administrative and technical services as well as other supporting

    services to its associated companies or its branches. Supporting

    services include the following:

    | General administration, business planning and coordination

    | Procurement of raw materials and components

    | Marketing and sales promotion planning

    | Research and development (R&D)

    | Technical support

    | Training and personnel management

    | Corporate financial advisory services

    | Economic or investment research and analysis

    | Credit control and administration

    | Any other services designated by the Director-General of theRevenue Department

    10Source: Revenue Department, Thailand

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    2.5.1 Requirements of Regional Operating Headquarters

    for Tax Privileges

    To be eligible for tax privileges, an ROH must meet the following

    requirements:

    | It has at least EUR 236.000 (THB 10 million) of paid-up capital

    on the closing date of any accounting period

    | It provides services to its associated companies or branches in

    at least three other countries (excluding Thailand)

    | At least 50 percent of its income must be earned from per-

    mitted services provided to its overseas associated companies

    or branches. The requirement is reduced to one-third of the

    income for the first three years

    2.5.2 Tax Privileges for Regional Operating Headquarters

    A qualified ROH is eligible for the following tax privileges:

    | Corporate income tax at the rate of 10 percent of net profit

    for income generated from services provided to its branches

    or associated companies

    | Corporate income tax at the rate of 10 percent of net profit for

    royalties received from its branches or associated companies

    for R&D done in Thailand

    | Corporate income tax at the rate of 10 percent of net profit and

    interest derived from its branches or associated companies

    for loans made by the ROH and extended to its branches orassociated companies

    | Tax exemption for dividends received from its associated

    companies

    | Tax exemption for dividends paid to its shareholders not car-

    rying on business in Thailand

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    2.6 Average Time (in Days) Required

    for Setting up a Business

    In order to start a business, a certain number of legal and bureau-

    cratic hurdles have to be overcome by companies/entrepreneurs.

    Registration is typically critical for accessing a range of market

    infrastructure including finance, physical infrastructure (electric-

    ity and water) and contract enforcement.

    Table 2 lists data released by the World Bank related to startinga business in Thailand.

    Table 2: Starting a Business in Thailand

    DATA RELATED TO STARTING A BUSINESS YEAR 2011

    Rank 97th (in the world)

    Procedures (number) 5

    Duration 29 days

    Cost (GNI per capita) 6.2%

    Paid in Minimum Capital (GNI per capita) 0.0%

    Source: Doing Business

    According to a World Bank report, the average time taken to start

    a business in Thailand is high in comparison to OECD nations,

    Mexico and Korea. Figure 1 illustrates the obstacles inherent in

    starting business ventures in various countries.

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    Figure 1: Obstacles to Starting Businesses in VariousCountries (JUNE 2011)

    Source: Doing Business

    Note: OECD = Organisation for Economic Co-operation and Development

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

    Time Required for Starting a Business

    Time (days)

    OECD

    Mexico

    Korea

    China

    Thailand

    India

    Russian Fed

    0 10 20 30 40

    procedures Essential for Starting a Business

    Number of Procedures

    OECD

    Mexico

    Korea

    China

    Thailand

    India

    Russian Fed

    0 5 10 15

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    3 Procedures for Immigration

    3.1 General Information11

    Unless otherwise exempted, a foreigner wishing to enter Thai-

    land must obtain a proper visa from either a Royal Thai Embassy

    or a Royal Thai Consulate-General prior to arrival in Thailand.

    However, there are certain exemptions if a person meets one of

    the requirements below:

    | Nationals of countries which are exempted from visa require-

    ments when entering Thailand for tourism purposes:

    Such nationals holding legitimate passports are permitted to

    reside in Thailand for a period not exceeding 30 days on each

    visit. Luxembourg is one of the countries in this category.

    | Nationals of countries which hold bilateral agreements with

    Thailand on the exemption of visa requirements:

    Luxembourg is listed as a country which has an agreement on

    the exemption of visa requirements for holders of diplomatic

    or official or service/special passports with Thailand. Nationals

    of Luxembourg with relevant passports are permitted to stayin Thailand for a period not exceeding 90 days on each visit.

    11 Source: Ministry of Foreign Affairs, ThailandConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    3.2 Visa Requirements

    Table 3 lists the various types of visas issued by the Thai

    government.

    Table 3:Visas Issued by the Thai Government

    TYPE OF VISA VALIDITY OF VISA

    Transit visa 3 months

    Tourist visa 3 months or 6 months

    Non-Immigrant visa 3 months (single entry) or 1 year

    (multiple entry)

    Diplomatic visa / Official visa During mission

    Courtesy visa During mission

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    Sources: Ministry of Foreign Affairs, Thailand

    PURPOSE OF VISIT

    Travelling through Thailand to proceed to a third country

    (category TS)Participating in sports events for a duration of no more than one

    month (category S)Crew of conveyance entering a port or area in Thailand (category C)

    Visiting Thailand for tourism purposes (category TR)

    Official duties (Category F)

    Work or doing business (Category B)Investment with the consent from the concerning Thai ministriesand government agencies (Category IM)Investment or related activities subject to the provision of the

    laws on investment promotion (Category IB)Studying; attending a study trip, seminar, conference or training

    course; or studying as a foreign Buddhist monk (Category ED)Work as a film producer, journalist or reporter (Category M)Missionary work or other religious activities with consent from

    the Department of Religious Affairs, Ministry of Education(Category R)Conducting scientific research, training or teaching in a research

    institute (Category RS)Work as an expert or specialist (Category EX)Other purposes as follows (Category O): staying with family;

    performing duties for the state enterprise or social welfareorganisation; staying after retirement for the elderly; receiving

    medical treatment, undertaking sports coach duties as requiredby the Thai Government; and being a contestant or a witness in a

    judicial process.

    For holders (and family members) of diplomatic or officialpassports who perform duties at the diplomatic mission,consulate or international organisation in Thailand

    For holders of diplomatic, official or ordinary passports who enterThailand on official duty or other purposes

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    3.2.1 Documents Required for Visa Applications

    The requirements of documents to be provided by foreign citizens

    at the time of visa application vary depending on the types of

    visa. The following documents are required for all types of visa:

    | Passport or travel document valid for not less than six months

    | A completed visa application form

    | Two recent photographs of size 4cm x 6cm

    | Visa application fee

    | Other supporting documents as required for the purpose of

    visiting Thailand

    3.3 Procedures for Work Permits

    According to the Alien Working Act B.E. 2551 (2008), foreigners ofthe following three categories are qualified to apply for a work

    permit to work in Thailand:12

    | Foreigners who reside in Thailand or are allowed to stay tem-

    porarily in Thailand, but are not tourists or transit travellers;

    | Foreigners who are allowed to work in Thailand according to

    the investment promotion laws or other laws;

    | Foreigners who have been deported but are allowed to work

    in certain locations in replacement of deportation or while

    awaiting deportation; foreigners who have illegally entered

    Thailand or are awaiting forced transfers out of Thailand; and

    foreigners who were born in Thailand but are not granted Thainationality or were denaturalised.

    Prior to applying for a work permit, foreign nationals wishing to

    work in Thailand must obtain a non-immigrant visa (category B).

    The visa can be applied either before or after arrival in Thailand.

    The work permit application can be done by either the foreigner

    or the employer of the foreigner.13

    12Source: Ministry of Labour and Welfare, Thailand13Source: Ministry of Labour and Welfare, Thailand

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    3.3.1 Documents Required for the Application

    of a Work Permit14

    The following documents are required from the applicant at thetime of applying for a work permit:

    | A copy of the identification page of applicants passport

    | A non-immigrant visa

    | A copy of the passport page with the entry stamp

    | A copy of the applicants degree, resume or transcript

    | A medical certificate mentioning that the applicants health

    condition is suitable for work

    | Two recent photographs of size 4cm x 6cm

    | Work permit application fee

    Additionally, the employer of the applicant is required to provide

    tax and legal documents concerning the nature of its business

    and employees.

    3.4 Average Rent for Office Space in Thailand

    The average office rental expense in Bangkok is much higherthan in other cities in Thailand. According to reports by CB Ri-

    chard Ellis, in Q2 2012, the average rent for Grade A CBD15office

    space was approximately EUR 17,3 (THB 734) per square metre

    per month.16

    3.5 Average Living Costs for Expatriates

    Thailand is famous as a personal low-cost environment. Food,

    clothing, public transport, etc. in Thailand are cheaper than in

    developed countries. Some examples of the cost of living in

    Bangkok are listed below:17

    14

    Source: Business-in-Asia.com15Central business district16Source: CB Richard Ellis, Thailand17Source: NumbeoConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    | A meal in an inexpensive restaurant costs approximately EUR 1,52

    | A bottle (0,33 litres) of Coca Cola costs approximately EUR 0,39

    | Taxi fares for a 5-kilometre trip within the city centre in Bang-

    kok cost about EUR 0,65

    | Metro fares in Bangkok range from EUR 0,4 to EUR 0,9 (THB

    15 to THB 40)

    | Rentals for serviced apartments within the city centre in Bang-

    kok range from EUR 249,03 to EUR 747,09 per month

    The cost of living in Thailand varies depending on the region in

    the country. The cost is higher in major cities or provinces such as

    Bangkok and Phuket, while the cost is lower in smaller provinces.

    Compared with major cities in Southeast Asia, Bangkok is less ex-

    pensive than cities such as Singapore, Kuala Lumpur, Hanoi and HoChi Minh. According to Mercers Cost of Living Survey Worldwide

    Rankings 2012, Bangkok ranked 81stmost expensive city.18

    18Source: Mercers Cost of Living Survey 2009Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    4. Social Security System in Thailand

    The Thai Social Security Act requires employers and employees

    to participate in the social security system. All employers must

    register their employees in the system. All employees that meet

    certain criteria are insured.

    4.1 Social Security

    The social security system in Thailand comprises two funds: So-

    cial Security Fund and Workmens Compensation Fund. The Social

    Security Office, Ministry of Labour and Social Welfare, is the legal

    authority for both funds. The main focus areas of Thais social

    security system include medical, maternity insurance, accident

    and work-related injury, disability, old age, unemployment, as-

    sistance for family, and death.

    Employers and employees are required to regularly contribute

    a certain amount to the funds. Employers must withhold social

    security contributions from the monthly wages of employees,

    and are also required to contribute the same amount as the

    contributions of their employees. The contributions must be

    remitted to the Social Security Office within the 15thday of the

    following month.

    4.1.1 Social Security Fund

    4.1.1.1 Old Age Benefit19

    The conditions for applicants to be eligible for the old age pen-

    sion benefit include the following:

    | The applicant has made contributions for not less than 180

    months (consecutively or inconsecutively)

    | The applicant has reached 55 years of age

    | The applicants status of being insured has been terminated19Source: Social Security ThailandConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    The old age pension benefit is listed below:

    |An insured person who has made contributions for not less

    than 180 months is entitled to the old age pension benefit on

    a monthly basis at the rate of 15 percent of the average wage of

    the last 60 months used as a basis for calculation of the contri-

    bution before the termination of the status of being insured.

    | In the case of making contributions for over 180 months, the

    rate of old age pension benefit shall be increased at the rateof 1,5 percent per every 12 months of the period of making

    contributions exceeding 180 months.

    4.1.1.2 Unemployment Benefit20

    The conditions for the applicants to be eligible for unemploy-

    ment benefit are listed below:| The applicant must register at the State Unemployment Office

    within 30 days of being unemployed

    | The applicant is capable of undertaking work and is ready to

    take on any suitable job as offered

    | The applicant must not reject the job training| The applicant must not be entitled to old age benefit

    The unemployment benefit is listed below:

    | In case of termination of employment, the insured person is

    entitled to the unemployment benefit for a maximum of 180

    days per year at the rate of 50 percent of the wage calculatedfrom the contributions made but not more than EUR 5,9 (THB

    250) per day.

    | In the case of resignation, the insured person is entitled to the

    unemployment benefit for a maximum of 90 days per year at

    the rate of 30 percent of the wage calculated from the contri-

    butions made but not more than EUR 5,9 (THB 250) per day.

    20Source: Social Security Office, Thailand

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    4.1.1.3 Child Allowance Benefit21

    The conditions for applicants to be eligible for the child allow-

    ance benefit are listed below:

    |The applicant has made contributions of not less than 12

    months within a period of the last 36 months prior to the

    month in which the applicant is entitled to the benefit.

    | The child allowance benefit is eligible for legitimate children

    aged not more than six years old, and is limited to not more

    than two children for an applicant.

    The child allowance benefit is paid on a lump sum basis at the

    rate of EUR 8,3 (THB 350) per month per child.

    4.1.1.4 Death Benefit22

    The applicant for the death benefit must have made contributions

    for not less than 1 month within a period of the last 6 months.

    The death benefit (payable to the legal beneficiary) includes the

    following:

    | The insured person is entitled to a funeral grant of EUR 944

    (THB 40.000).

    |The insured person who has made contributions for over 3

    years but less than 10 years is entitled to assistance benefit at

    the value of the average wage of 1,5 months.

    | The insured person who has made contributions for over 10 years

    is entitled to assistance benefit at the value of the average wage

    of five months.

    21Source: Social Security, Thailand22Source: Social Security, ThailandConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    4.1.1.5 Medical Benefit23

    Expenses for medical examination and treatment, hospitalisa-

    tion, medicines, rehabilitation, ambulance fees, and other neces-

    sary expenses are provided. The insured person must register

    with a selected hospital in the Social Security Programme. Bene-

    fits are provided by the hospital the insured person is registered

    with. Medical treatment outside this hospital can be sought in

    cases of emergency and accident only, in which case costs arereimbursed. Additional benefits are as follows:

    | The insured person is entitled to a compensation benefit for

    loss of income at the value of half of the current wage based

    on the actual number of days of leave, but not exceeding 90

    days per period, and not exceeding 180 days in a year.

    | In case of a chronic illness, the insured person is entitled to

    a compensation benefit for loss of income for a period not

    exceeding 365 days.

    4.1.1.6 Disability Benefit24

    The applicant for disability benefits must have made contribu-tions for not less than 3 months within a period of 15 months

    prior to the date of being declared a disabled person.

    The disability benefit includes the following:

    | The medical treatment cost is reimbursed as actual, but not

    more than 283,2 (THB 12.000) per month.

    | The compensation benefit for loss of income of 50 percent of

    the monthly wage is paid until death. The costs of artificial

    organs, equipment and therapeutic equipment are also paid.

    23Source: Social Security, Thailand24Source: Social Security, ThailandConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    4.1.1.7 Childbirth Benefit25

    The applicant for childbirth benefits must have made contribu-

    tions for at least 7 months within a period of 15 months prior to

    the expected date of childbirth. Maternity benefits are paid for

    two child births only.

    The childbirth benefits include a childbirth grant paid on a lump

    sum basis of EUR 283,2 (THB 12.000) per birth.

    4.1.2 Workmens Compensation Fund26

    Workmens Compensation Fund is for covering the compensation

    paid to employees in the following cases:

    | Sustaining injury or illness

    The compensation covers the expenses of medical treatment,

    but not exceeding EUR 1.062 (THB 45.000)

    | Disability resulting from undertaking work

    The monthly compensation is at the rate of 60 percent of the

    monthly wage according to the type of disability, but not ex-

    ceeding 15 years.

    | Death or disappearance from work

    The compensation for funeral grant is 100 times the highest rate

    of the daily minimum wage.

    The monthly compensation is at the rate of 60 percent of the

    monthly wage for a period of 8 years (payable to the legal

    beneficiary).

    25Source: Social Security, Thailand26Source: Social Security, ThailandConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    5 Special Economic Zones in Thailand

    5.1 Introduction

    There are two types of Special Economic Zones (SEZs) in Thailand:

    Export Processing Zones (EPZs) and Free Zones (FZs). The govern-

    ment has implemented various tax privileges in EPZ and FZ to

    promote international trade in the country.

    5.2 Export Processing Zone27

    An Export Processing Zone (EPZ) is an area designated for industrial

    operations, trading activities, services or other operations beneficial

    to or concerning industrial operations for the purpose of exporting

    products. Generally, EPZs are located in industrial estates. Companies

    in EPZs are granted tax and non-tax privileges offered by the Industrial

    Estate Authority of Thailand. Currently, there are 9 EPZs in Thailand.

    Table 4: Export Processing Zones in Thailand

    EXPORT PROCESSING ZONE LOCATION

    Lard Krabang Industrial Estate Bangkok

    Bangpoo Industrial Estate Samut Prakan

    Bangpa-In Industrial Estate Ayutthaya

    Baan Wa Hi-Tech IndustrialEstate

    Ayutthaya

    Plang Yaow Industrial Estate Gate Way City, Chachoengsao

    Bo-Win Industrial Estate Chonburi

    Laem Chabang Industrial Estate Chonburi

    Northern Region Industrial Estate Lamphun

    Southern Region Industrial Estate Chalung, Songkhla

    Source: Customs Department, Thailand

    27Source: Customs Department, ThailandConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    5.2.1 Benefits for Companies in Export Processing Zones

    The Industrial Estate Authority of Thailand offers various benefits

    for companies in EPZs, as listed below:

    | Exemption from special surcharges and import/internal tax-

    es and duties

    Machinery, equipment, tools and supplies including parts

    transported into the EPZ for the purpose of manufacturing

    goods, and constructing or assembling a factory or a build-

    ing in the EPZ are not subject to special surcharges under the

    Investment Promotion Act, import duty, excise tax and value-

    added tax (VAT).

    | Exemption from export duty, excise tax and value-added tax

    Imported products, and products and by-products generatedfrom a manufacturing process in the EPZ are not subject to

    export duty, excise tax and VAT, provided that the products

    are exported to other countries.

    | Zero tax rate for VAT

    The following situations are applicable for the VAT rate ofzero percent:

    - Sales of products or services among companies in either the

    same or different EPZs

    - Sales of products or services between companies in EPZs

    and bonded warehouses- Domestic products transported into EPZs

    5.3 Free Zone28

    A Free Zone (FZ) is a designated area for industrial or commercial

    operations or any other operations involving economic growth and

    development. The Free Zone Programme has been implemented to28Source: Customs Department, ThailandConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    promote competitiveness by encouraging companies to maintain

    and expand their operations in Thailand. Foreign and local goods

    transported into FZs are eligible for tax and duty privileges.

    5.3.1 Benefits for Companies in Free Zones

    The government offers a package of tax and non-tax benefits

    for companies in FZs as listed below:

    | Exemption from import and internal taxes and duties

    Imported goods transported into or manufactured in the

    FZ for industrial or commercial operations or any other op-

    erations concerning economic growth and development are

    not subject to import taxes and duties. The goods include:

    - Machinery, equipment and parts

    - Foreign products

    - Products transferred from other FZs

    | Exemption from export duties on re-exports

    Foreign goods, transported into the FZ, that are re-exported to

    other countries are not subject to any customs taxes or duties.

    | Exemption from standard/quality control requirements

    Products and local raw materials transported into the FZ

    for manufacturing, assembling, packaging or any other op-

    erations are exempted from any standard/quality control re-

    quirements or any other similar requirements, provided that

    the end-products are re-exported to other countries.

    5.3.2 Establishment of a Free Zone

    Free Zones are typically private manufacturing sites approved

    by the Customs Department. State-owned companies or limited

    companies may apply for a grant of authority to establish a Free

    Zone. The main objective of setting up a Free Zone must not be

    only for benefit of any particular user of the zone. The licensee

    of the Free Zone must provide necessary utilities, facilities and

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    services. In addition, the licensee must provide an appropriate

    office and residence for Customs officers. Residential areas are

    not permitted in Free Zones.

    Users of a Free Zone are entities using the zone under an agree-

    ment with the licensee of the Free Zone. The Free Zone users

    must receive approval from the licensee and the Customs De-

    partment to undertake permitted activities in the zone.

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    6 Opening a Bank Account in Thailand

    6.1 Overview of Retail BankingThe Thai banking industry is primarily made up of major Thai

    banks, including Bangkok Bank, Kasikorn Bank and Siam Com-

    mercial Bank. The industry is regulated by the Bank of Thailand.

    The Thai banking sector witnessed a net profit of EUR 3,4 billion

    (THB 144,1 billion) in 2011.29

    Commercial banks in Thailand include local commercial banks,

    local retail banks, subsidiaries and branches of foreign banks. By

    September 2012, there were 6339 bank branches established in

    Thailand, including 15 branches of foreign banks which are all

    located in Bangkok.

    Table 5:Commercial Bank Categories in Thailand

    CATEGORY NUMBER OFBANKS

    NUMBER OFBRANCHES

    Thai commercial banks 14 5,626

    Thai retail banks 1 29

    Subsidiaries of foreign banks 1 3

    Branches of foreign banks 15 (as ofAugust 2012)

    15 (as ofAugust 2012)

    Source: Bank of Thailand

    29Source: Bank of ThailandConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    Table 6:Major Commercial Banks in Thailand

    BANK TOTAL ASSETS AT THE END OF 2008(IN EUR MILLION)

    Bangkok Bank 34,908.6

    Krung Thai Bank 27,740.0

    Kasikorn Bank 27,362.2

    Siam CommercialBank

    25,798.4

    Bank of Ayudhya 15,562.8

    TMB Bank 12,553.0

    Siam City Bank 8,672.5

    Thanachart Bank 7,706.1

    Source: Bank of Thailand

    6.2 Procedures for Foreigners

    to Open Bank Accounts In Thailand

    6.2.1 Procedures to Open Company Bank Accounts30

    Generally, any type of juristic persons, including limited com-

    panies, branch offices and representative offices, are permitted

    to open bank accounts. The following documents are generally

    required for opening a company bank account:

    | Passports and work permits of the authorised persons| Memorandum of Association of the company

    | Commercial registration of the company

    | Signature specimens of the authorised persons

    | Minimum deposit (depending on the types of account and banks)

    30Source: Kasikorn BankConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    6.2.2 Procedures to Open Personal Bank Accounts31

    Foreigners who are working in Thailand can open personal bank

    accounts at any commercial bank. The following documents are

    generally required for opening a personal bank account:

    | Passport and work permit of the applicant

    | Minimum deposit (depending on the type of account and bank)

    31Source: Bangkok BankConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    7 Recruitment of Local Staff

    Various recruitment channels in Thailand include campus re-

    cruitment, media advertisements (newspapers, magazines, TV

    and broadcasting), Internet recruiting, on-site recruiting, inter-

    nal references and head-hunting agencies. Additionally, there

    are public recruitment events and job fairs organised by either

    government organisations or the private sector.

    7.1 Brief Overview of Labour Laws

    Thailands labour laws are developed and regulated by the Min-

    istry of Labour and Welfare. Employment legislation has a direct

    bearing on labour practices for each type of business. The main

    laws covering Thai labour laws are:32

    | Labour Relations Act B.E. 2518 (1975)

    | Labour Protection Act B.E. 2541 (1998)

    7.1.1 Labour Relations Act B.E. 2518 (1975)

    The Labour Relations Act concerns the labour relations enhance-

    ment system and procedures between employers and employ-

    ees, such as procedures for submission of demand for modi-

    fication to the conditions of employment and procedures for

    settling labour disputes. In addition, the law controls employer

    and employee rights to establish labour associations and labour

    unions for acquiring and protecting their interests relating to

    the conditions of employment. The law aims at creating a goodunderstanding and successful reconciliation between employ-

    ers and employees.

    7.1.2 Labour Protection Act B.E. 2541 (1998)

    The Labour Protection Act concerns the rights and duties of

    employers and employees. It primarily establishes minimum32Source: Ministry of Labour and Welfare, ThailandConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    standard practices in general labour force utilisation, women

    and children labour utilisation, severance and remuneration. In

    addition, the law prescribes the interventions by governmentofficials in providing protection to ensure fairness and sound

    occupational health for the maximum benefit of both employers

    and employees.

    7.2 Major Recruitment Agencies and Websites

    Table 7 lists the major recruitment agencies in Thailand and

    their websites.

    Table 7:Major Recruitment Agencies and Websites

    TOP THREE INTERNET RECRUITMENTAGENCIES

    WEBSITES

    SiamHRM www.siamhrm.com

    Jobbkk.com www.jobbkk.com

    Jobth.com www.jobth.com

    Leading head-huntING Agencies websites

    Kelly Services www.kellyservices.co.th

    Adecco www.adecco.co.th

    Sources: Internet Innovation Research Centre

    7.3 Average Salary Range

    The median salary ranges (per year) by job, employer type, industry,

    city and degree in Thailand as on 1 October 2012, as per PayScale,

    are presented in tables 8 to 12 below:

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    Table 8:Median Salary by Job in Thailand as of 1 october 2012

    JOB MEDIAN SALARY (IN EUR)

    Project Manager, IT 27.530

    General Manager, Hotel 29.519

    IT Manager 19.241

    Managing Director NA

    Software Engineer/Developer/Programmer

    NA

    Country Manager, General Operations NA

    IT Consultant NA

    Source: PayScale, 2012

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    Table 9:Median Salary by Employer Type in Thailand as of

    1 october 2012

    EMPLOYER TYPE MEDIAN SALARY (IN EUR)

    Company 17.494

    Private Practice/Firm 14.406

    Non-Profit Organisation 16.391

    School/School District 14.834

    College/University 11.147

    Other Organisation 14.840

    Hospital 13.914

    Government - State & Local 16.680

    Self-Employed 15.576

    Government - Federal 22.326

    Contract 22.656

    Foundation/Trust 14.160

    Franchise 9.912

    Team 11.328

    Source: PayScale, 2012

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    Table 10:Median Salary by Industry in Thailand as of

    1 october 2012

    INDUSTRY MEDIAN SALARY (IN EUR)

    IT Services 17.147

    Hotel 15.576

    Hotel and Hospitality Management 20.216

    Banking 19.134

    Software Development NA

    IT Consulting 13.914

    Financial Services NA

    Source: PayScale, 2012

    Table 11: Median Salary by Company Size in Thailand as of

    1 october 2012

    COMPANY SIZE MEDIAN SALARY (IN EUR)

    1-9 12.141

    10-49 14.083

    50-199 19.094

    200-599 18.983

    600-1,999 22.828

    2,000-4,999 27.903

    5,000-19,999 24.236

    20,000-49,999 28.320

    50,000+ 32.614

    Source: PayScale, 2012

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    Table 12:Median Salary by Degree/Major Subject

    in Thailand as of 1 october 2012

    DEGREE / MAJOR SUBJECT MEDIAN SALARY (IN EUR)

    Master of Business Administration(MBA)

    9.202- 96.878

    Master of Science (MS/MSc) 8.810- 11.525

    Bachelor of Business Administration(BBA) NA

    Bachelor of Science (BS/BSc),Computer Science

    NA

    Masters Degree NA

    Bachelor of Engineering (BE/BEng) 8.554- 33.394

    Bachelor of Arts (BA/AB) 5.940- 30.373

    Sources: PayScale, 2012

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    8 Taxation

    8.1 Taxation in Thailand

    In Thailand, taxes are imposed at both national and local lev-

    els. The central government is the main taxing authority. The

    principal taxes levied by the central government include direct

    taxes (such as personal income tax, corporate income tax and

    petroleum income tax), and indirect income taxes (such as value-

    added tax, specific business tax, customs duties, excise tax andstamp duties).

    The principal tax law in Thailand is the Revenue Code, which

    governs personal and corporate income taxes, value-added tax,

    specific business tax, and stamp duties. The Revenue Depart-

    ment Ministry of Finance is the main authority responsiblefor the tax administration. In addition, the Customs Depart-

    ment Ministry of Finance regulate customs duties; and the

    Excise Department Ministry of Finance, is responsible for the

    administration of excise tax.

    8.2 Tax Rates8.2.1 Corporate Income Tax33

    All juristic companies and partnerships established under Thai

    or foreign law which carry on business in Thailand are subject

    to corporate income tax. A Thai company is subject to tax on

    worldwide income, while a foreign company is subject to tax

    on income generated in Thailand.

    Tax is generally levied at the rate of 30 percent of net profit. How-

    ever,there are specific tax rates for certain types of taxpayers.

    33Source: Revenue Department, ThailandConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    Table 13: Corporate Income Tax Rates in Thailand

    TAXPAYER TAX BASE TAX RATE

    Thai and foreign companiesnot listed in Stock Exchangeof Thailand (SET)

    Net profit 30%

    Small companies with paid-up capital less than EUR118.000 at the end of each

    accounting period

    Net profit notexceeding EUR 23.600

    15%

    Net profit over EUR23.600 but notexceeding EUR 70.800

    25%

    Net profit exceeding30% EUR 70.800

    30%

    Companies listed in Stock

    Exchange of Thailand (SET)

    Net profit for the first

    EUR 7,08 million

    25%

    Net profit for the 30%amount exceedingEUR 7,08 million

    30%

    Foreign companiesengaging in international

    transportation

    Gross receipts 3%

    Foreign companies notcarrying on business inThailand but receivingdividends from Thailand

    Gross receipts 10%

    Foreign companies notcarrying on business inThailand but receivingother types of incomebesides dividend fromThailand

    Gross receipts 15%

    Foreign companiesdisposing profit out ofThailand

    Amount disposed 10%

    Source: The Revenue Department, Thailand

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    8.2.2 Withholding Tax34

    Foreign companies that do not carry on business in Thailand are sub-

    ject to withholding tax on certain categories of income generatedin Thailand. The withholding tax rates applied to foreign companies

    may be further reduced or exempted under tax treaties.

    Table 14:Withholding Tax Rates in Thailand

    CATEGORY TAX RATE

    Rate on Dividends 10% of dividends paid to Thai and foreigncompanies

    Rate on Interest 1% of interest paid by financial institutions(banks and finance companies) toThai companies that are not financialinstitutions

    15% of interest paid to foreign companies

    Rate on Royalties 3% of royalties paid to Thai companies andpartnerships

    15% of royalties paid to foreign companies

    Others 15% of capital gains, service fees,professional fees and rents paid to foreign

    companies 3% of service fees and professional feespaid to Thai companies or permanentbranch offices of foreign companies

    5% of service fees and professional feespaid to non-permanent branch offices offoreign companies

    Source: The Revenue Department, Thailand

    8.2.3 Personal Income Tax35

    Taxable income (net assessable income) of an individual is derived

    after all expenses and allowances have been deducted from the as-

    sessable income. Taxable income shall be subject to tax at progressive

    rates ranging from 10 percent to 37 percent, with an exemption on

    the first EUR 3.540 of net assessable income.

    34Source: Revenue Department, Thailand35Source: Revenue Department, Thailand

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    Table 15: Personal Income Tax Rates in Thailand

    TAXABLEINCOME (EUR)

    MARGINALTAXABLE

    INCOME (EUR)

    TAX RATE MAXIMUMACCUMULATED

    TAX (EUR)

    0 3.540 3.540 Exempt 0

    3.540 11.800 8.260 10% 826

    11.800 23.600 11.800 12% 4720

    23.600 94.400 70.800 30% 21.240

    94.400 andover NA 37% NA

    Source: The Revenue Department, Thailand

    8.2.4 Value-added Tax36

    Value-added tax (VAT) is an indirect tax collected upon consump-

    tion, i.e. at each stage of production or distribution of goods

    or provision of services. The standard rate for VAT is 7 percent.

    All sales of goods, provision of services and imports of goods

    are subject to this rate. However, certain business activities aresubject to VAT at the rate of zero percent, including the following:

    | Exports of goods

    | Services performed in Thailand but utilised in a foreign country

    | International transport services through aircraft or sea vessels

    | Supply of goods and services to government agencies or

    state-owned companies under foreign aid programmes, and

    the United Nations and its organisations

    8.3 Tax Incentives

    The Board of Investment of Thailand provides tax incentives to

    investors and companies who invest in projects in Investment

    36Source: Revenue Department, Thailand

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    Promotion Zones. The tax incentives vary depending on the location

    of the investment. In fact, the tax incentives are categorised based

    on three zones throughout the country.

    Table 16: Tax Incentives for Investment Promotion Zonesin Thailand

    ZONE LOCATION TAX INCENTIVES

    Zone 1 Bangkok, SamutPrakan, SamutSakhon, NakhonPathom, Nonthaburiand Pathum Thani

    50% reduction of importduties on machinery that issubject to import duties of notless than 10%

    Corporate income taxexemption for 3 years forprojects located withinindustrial estates, providedthat such a project with a

    capital investment of notless than EUR 0,20 million(excluding cost of land andworking capital) obtains ISO9000 or similar internationalstandard certification within2 years from its start-up date;otherwise the corporate

    income tax exemption will bereduced by 1 year Import duty exemption on raw

    or essential materials used inthe manufacturing of exportproducts for 1 year

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    ZONE LOCATION TAX INCENTIVES

    Zone 2 Ang Thong,Ayutthaya,Chachoengsao,Chonburi,Kanchanaburi,Nakhon Nayok,Phuket, Ratchaburi,Rayong, SamutSongkhram, Saraburiand Suphanburi

    Import duty exemption onmachinery for projects locatedwithin industrial estates;and 50% reduction of importduties on machinery that issubject to import duties ofnot less than 10% for projectslocated outside industrialestates

    Corporate income taxexemption for 3 years,increased to 7 years, forprojects located withinindustrial estates, providedthat such a project withcapital investment of notless than EUR 0,20 million

    (excluding cost of land andworking capital) obtains ISO9000 or similar internationalstandard certification within2 years from its start-up date;otherwise the corporateincome tax exemption will bereduced by 1 year

    Import duty exemption on rawor essential materials used inthe manufacturing of exportproducts for 1 year

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    ZONE LOCATION TAX INCENTIVES

    Zone 3 The remaining 58provinces

    Import duty exemption onmachinery

    Corporate income taxexemption for 8 years,provided that a project withcapital investment of notless than EUR 0,20 million(excluding cost of land andworking capital) obtains ISO9000 or similar internationalstandard certification within2 years from its start-up date;otherwise the corporateincome tax exemption will bereduced by 1 year

    Import duty exemption on rawor essential materials used in

    the manufacturing of exportproducts for 5 years

    Deduction made from netprofit of 25% of the projectsinfrastructure installation orconstruction costs in additionto normal depreciation; andsuch deduction can be made

    from the net profit of one orseveral years within 10 yearsfrom the date of first sales

    Source: The Board of Investment, Thailand

    8.4 Double Tax Treaty37

    Thailand has concluded double taxation agreements with many

    countries, including Luxembourg. The general principle is that

    the country in which the income arises (source country) has the

    prior right to tax and the country of residence will grant relief

    (tax exemption or tax credit) from paying taxes twice on the

    same income. Another advantage of tax treaties is to provide

    cooperation between governments in preventing tax evasion.37Source: Revenue Department, ThailandConversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    The agreement regarding double taxation between Thailand

    and Luxembourg is specified in the Convention between the

    Kingdom of Thailand and the Grand Duchy of Luxembourg forthe Avoidance of Double taxation and the Prevention of Fiscal

    Evasion with Respect to Taxes on Income and on Capital. The

    convention applies to taxes on income and on the capital of

    individual and juristic entities, including the following:

    | In the case of Thailand:

    Income tax

    Petroleum income tax

    | In the case of Luxembourg:

    Income tax on individuals

    Corporation tax Tax on fees of directors of companies

    Capital tax

    Communal trade tax

    8.5 Repatriation of Profits38

    The repatriation of after-tax profits of a branch office in Thailand

    to the foreign parent company, or keeping such profits abroad

    where the parent company has directly received a payment for

    goods sold or services performed in Thailand, is subject to further

    income tax at the rate of 10 percent of the after-tax profits actu-

    ally or deemed to be remitted. Repatriation of assessable income

    from Thailand to foreign companies not carrying on business in

    Thailand is subject to the following withholding taxes:

    | 10 percent of dividends

    | 15 percent of royalties, interest, rent, service fees or capital gains

    Regional operating headquarters (ROH) are exempted from

    withholding taxes on profit repatriation.

    38Source: Business Information Centre

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    9 Appendix

    Appendix I: Useful Links and Addresses

    TYPE OF ORGANISATION ADDRESS

    MINISTRIES, AGENCIES AND SERVICES IN THAILAND

    Embassy of the Grand Duchyof Luxembourg in Bangkok

    Embassy of Luxembourg, QHouse Lumpini, 17th Floor,1 South Sathorn Road,Tungmahamek, Sathorn,Bangkok 10120

    Royal Thai Embassy in Brussels Royal Thai Embassy,Chaussee de Waterloo, 876,1000, Brussels, Belgium

    Royal Thai Consulate-General

    in Luxembourg

    Royal Thai Consulate-General, 14,

    Rue Erasme,L-1468, Luxembourg

    Royal Thai Government Government House,1 Nakornpratom Road, Dusit,Bangkok 10300

    Ministry of Finance Ministry of Finance,

    Rama 6 Road, Phayathai,Bangkok 10400

    Ministry of Foreign Affairs Ministry of Foreign Affairs,443 Sri Ayudhya Road,Bangkok 10400

    Ministry of Commerce Ministry of Commerce,

    44/100 Nonthaburi 1 Road,Muang, Nonthaburi 11000

    Ministry of Labour andWelfare

    Ministry of Labour and Welfare,Mitmaitri Road, Dindaeng,Bangkok 10400

    Department of BusinessDevelopment

    Department of BusinessDevelopment, 44/100Nonthaburi 1 Road, Muang,Nonthaburi 11000

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    CONTACTS WEBSITE

    Tel:+66-(0)2677-7360Fax: +66-(0)2677-7364Email:

    [email protected]

    http://bangkok.mae.lu/

    Tel:+32-2-640-68-10Fax:+32-2-648-30-66

    http://www.thaiembassy.be/

    Tel:+35-2-40-78-78

    Fax:+35-2-40-78-04

    Not Applicable

    Tel:+66-(0)2280-3000Email:[email protected]

    http://www.thaigov.go.th/

    Tel:+66-(0)2273-9021

    Fax:+66-(0)2273-9790

    http://www2.mof.go.th/

    Tel:+66-(0)2643-5000 http://www.mfa.go.th/

    Tel:+66-(0)2507-8000

    Fax:+66-(0)2507-7717

    http://www.moc.go.th/

    Tel:+66-(0)2245-4310 to 14Fax:+66-(0)247-5380

    http://www.mol.go.th/

    Tel:+66-(0)2547-5050Fax:+66-(0)2547-4459

    http://www.thairegistration.com/

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    TYPE OF ORGANISATION ADDRESS

    Bank of Thailand Bank of Thailand,273 Samsen Road,Bangkhunprom, Bangkok 10200

    Stock Exchange of Thailand(SET)

    Stock Exchange of Thailand,62 Ratchadaphisek Road,Klongtoey, Bangkok 10110

    Board of Investment (BOI) Board of Investment,555 Vibhavadi-Rangsit Road,Chatuchak, Bangkok 10900

    Revenue Department Revenue Department, 90 SoiPhaholyothin 7, PhaholyothinRoad, Bangkok 10400

    Social Security Office Social Security Office, 88/28 Moo4 Tivanond Road, Talad Khwan,Muang, Nonthaburi 11000

    Customs Department Customs Department, 1Sunthornkosa Road, Klongtoey,Bangkok 10110

    Department of ExportPromotion

    Department of ExportPromotion, 44/100 Nontaburi1 Road, Bang Krasor, Muang,Nontaburi 11000

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    CONTACTS WEBSITE

    Tel: +66-(0)2283-5353Tel: +66-(0)2283-5010Fax: +66-(0)2280-0449Fax:+66-(0)2280-0626

    http://www.bot.or.th/

    Tel:+66-(0)2229-2000Tel:+66-(0)2229-2222

    http://www.set.or.th/

    Tel:+66-(0)2537-8111 to 55Fax:+66-(0)2537-8177Email:[email protected]

    http://www.boi.go.th/

    Tel:+66-(0)2272-8000Tel:+66-(0)2617-3321Fax:+66-(0)2617-3324

    http://www.rd.go.th/

    Tel:+66-(0)2956-2345Fax:+66-(0)2526-0658Email:[email protected]

    http://www.sso.go.th/

    Tel:+66-(0)2249-0431 to 40Fax:+66-(0)2667-7334

    http://www.customs.go.th/

    Tel:+66-(0)2507-7999Fax:+66-(0)2507-8019Email:[email protected]

    http://www.thaitrade.com/http://www.depthai.go.th/

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    10 Disclaimer

    The Government of the Grand Duchy of Luxembourg declines

    all responsibility regarding the use of information featured in

    this document. The contents are provided for information pur-

    poses only. They contain information which is not necessarily

    complete, exhaustive, precise or up to date. In the event of dis-

    crepancies between the texts of this publication and the original

    documents, the original documents as officially published shallapply. This publication may refer to external sites over which the

    Government of the Grand Duchy of Luxembourg has no control

    and for which it declines all responsibility.

    Conversion Rates used are as follows:1 USD = EUR 0.7179 (2011)1 THB = EUR 0.0236 (2011)

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    Luxembourg for Business

    FEBRUARY2013