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18th Annual Tax and Legal Conference
Maximise Shareholder Value 2017
Update new tax laws and regulations
18 October 2016
www.pwc.com/th
PwC
Agenda
PART I
1. Tax rate update
2. Tax measures to encourage a single bookkeeping
3. Additional tax deductions/other deductions
4. Tax exemptions/tax support
5. Extension of period for filing/requesting refund
6. Personal income tax
7. Other
PART II
1. Draft Act to amend the Revenue Code/ Draft of other Acts/ Draft regulations
2. Non-Publicly Accountable Entities (NPAEs)
218 October 2016Maximise Shareholder Value 2017
PwC
1. Tax rate update
Purpose: To increase the ability of a corporate entity to compete in the economy of the country
Reduction of corporate income tax rate:
The statutory tax rate permanently reduced from 30% to 20%
Effective date:
For companies and juristic partnerships with accounting periods commencing on or after 1 January 2016.
518 October 2016Maximise Shareholder Value 2017
1.1 Reduction of corporate income tax rate (Act to amend the Revenue Code No.42 dated 3 March 2016)
PwC
1. Tax rate update
Purpose: To relieve the tax burden and increase financial liquidity of SMEs as well as to increase their ability to compete in the country and attract investment
For accounting periods beginning on or after 1 January 2015 but not later than 31 December 2016:
Net profit (Baht) Tax rates0 - 300,000 Nil
Over 300,000 10%
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1.2 SME corporate tax rate (Royal Decree No. 603 dated 18 April 2016)
PwC
1. Tax rate update
For accounting periods beginning on or after 1 January 2017:
Net profit (Baht) Tax rates0 -300,000 Nil
300,001 – 3,000,000 15%Over 3,000,000 20%
To be eligible for the reduced rates of tax, the SME must meet the following criteria:
1. Paid-up capital on the last day of any accounting period must not exceed THB 5 million, and2. Income from the “sale of goods and provision of services” must not exceed THB 30 million in
any accounting period.
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1.2 SME corporate tax rate (Royal Decree No. 603 dated 18 April 2016) (Cont’d)
PwC
1. Tax rate update
Purpose: To relieve the tax burden of taxpayers so as to be aligned with the current economic situation and cost of living
Net income (Baht) Tax rates (%)
0 - 150,000 Exempt
150,001 - 300,000 5
300,001 - 500,000 10
500,001 - 750,000 15
750,001 - 1,000,000 20
1,000,001 – 2,000,000 25
2,000,001 – 4,000,000 30
Over 4,000,000 35
818 October 2016Maximise Shareholder Value 2017
1.3 Reduced rates of personal income tax extended to coverthe 2016 tax year (Royal Decree No.600 dated 12 February 2016)
PwC
2. Tax measures to encourage a single bookkeeping
Purpose: To encourage companies to comply with the tax law, and to prepare accounting records and financial statements according to the actual status of the business
Benefits:
Waiver of tax audits and assessments, including criminal fines under the Revenue Code, for companies paying CIT on net profit, in respect of:
CIT for accounting periods beginning before Jan 2016
VAT and SBT for tax base occurring before 1 Jan 2016
Stamp duty for instruments executed before 1 Jan 2016
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2.1 Waiver of tax audits (Royal Ordinance B.E.2558 dated 31 December 2015)
PwC
2. Tax measures to encourage a single bookkeeping
Conditions:
Companies earning revenue not exceeding Baht 500 million in the past full 12-month accounting period which ended on or before 31 Dec 2015
Registration between 15 Jan 2016 and 15 Mar 2016
Tax returns due from Jan 2016 onwards filed and tax paid (if any)
Bookkeeping and financial statements in accordance with the actual status of the business for accounting periods beginning on or after 1 Jan 2016
No action must be taken from 1 Jan 2016 onwards that indicates an evasion of tax
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2.1 Waiver of tax audits (Royal Ordinance B.E.2558 dated 31 December 2015) (Cont’d)
PwC
2. Tax measures to encourage a single bookkeeping
The Ministry of Finance and the Bank of Thailand will perform necessary action to instruct commercial banks to use the accounting records and financial statements filed with the
Revenue Department as evidence for processing financial transactions and requesting banking facilities
With effect from 1 Jan
2019
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2.2 Evidence for borrowing from the banks (Royal Ordinance B.E.2558 dated 31 December 2015)
PwC
2. Tax measures to encourage a single bookkeeping
Benefits:
Granted to SMEs established before 1 Jan 2016
For accounting periods beginning between 1 Jan 2016 and 31 Dec 2016:
All net profit exempt from CIT (over 300,000 at 10%)
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2.3 Tax exemption or reduction for SME enterprises (Royal Decree 595 dated 30 December 2015)
PwC
2. Tax measures to encourage a single bookkeeping
Benefits:
For accounting periods beginning between 1 Jan 2017 and 31 Dec 2017:
Net profit (Baht) Tax rates0 - 300,000 Nil
Over 300,000 10%
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2.3 Tax exemption or reduction for SME enterprises (Royal Decree 595 dated 30 December 2015) (Cont’d)
PwC
2. Tax measures to encourage a single bookkeeping
Benefits:
For accounting periods beginning on or after 1 Jan 2018:
Net profit (Baht) Tax rates0 -300,000 Nil
300,001 – 3,000,000 15%Over 3,000,000 20%
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2.3 Tax exemption or reduction for SME enterprises (Royal Decree 595 dated 30 December 2015) (Cont’d)
PwC
2. Tax measures to encourage a single bookkeeping
Conditions:
To be eligible for the tax exemption and reduced rates of tax, the SME must meet the following criteria: 1. Paid-up capital on the last day of any accounting period must
not exceed THB 5 million.2. Revenue from the “sale of goods and provision of services” must
not exceed THB 30 million in any accounting period.3. Registration as an operator according to the above Royal
Ordinance B.E. 2558 dated 31 December 2015 4. The waiver of a tax audit according to the above Royal Ordinance
must not have been revoked.
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2.3 Tax exemption or reduction for SME enterprises (Royal Decree 595 dated 30 December 2015) (Cont’d)
PwC
2. Tax measures to encourage a single bookkeeping
SMEs which registered for the waiver of tax audit
SMEs obtain CIT tax exemption for the accounting period beginning between 1 Jan and 31 Dec 2016
WHT still required for
payments subject to WHT to these SMEs
Tax refund
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2.4 Withholding tax still required on payments to SMEs (Clarification of the Revenue Department No. 4, dated 11 April 2016)
PwC
2. Tax measures to encourage a single bookkeeping
Granted to companies which registered for the waiver of tax audit in order to correct tax filing in the past
Benefits:
VAT returns for the tax months from Jan 2015 to Mar 2016
Extension for additional filing to 30 Jun 2016 without penalty and surcharge
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2.5.1 Extension of period granted for filing additional VAT returns (Clarification of the Revenue Department No. 2, dated 16 March 2016)
PwC
2. Tax measures to encourage a single bookkeeping
Benefits:
Monthly tax returns for all types of tax for the tax months from Jan 2015 to Mar
2016
Extension for additional filing to 30 Jun 2016 without penalty and surcharge
WHT tax returns, reverse
charge VAT returns,
SBT returns, stamp duty
returns
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2.5.2 Extension of period granted for filing monthly tax returns for all types of tax (Clarification of the Revenue Department No.3, dated 23 March 2016)
PwC
2. Tax measures to encourage a single bookkeeping
For accounting period ending 31 Dec 2015
Companies which registered for the waiver of tax audit
Failed to file CIT returns by 29
May 2016
CIT return required to be filed by 31 August 2016 with penalty and surcharge
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2.6 Conditions of CIT returns required to be filed (Clarification of the Revenue Department No.5, dated 22 June 2016)
PwC
2. Tax measures to encourage a single bookkeeping
For accounting period beginning between 1 Jan and 31 Dec 2015
Companies which registered for the waiver of tax audit
Failed to file CIT returns
Due date for filing CIT returns - same as half-year CIT return of following accounting period,with penalty and surcharge (+ 3 months)
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2.6 Conditions of CIT returns required to be filed (Clarification of the Revenue Department No.5, dated 22 June 2016) (Cont’d)
PwC
2. Tax measures to encourage a single bookkeeping
Companies which registered for the waiver of tax audit
Incorrect accounting records found after filing 2015 audited financial statements with the
DBD
- Amend 2015 accounting records to be in line with the actual circumstances- Revised financial statements to be signed by CPA and re-filed with the DBD
Requirements
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2.7 Conditions of Accounts and financial statements required to be in line with the actual circumstances of the business (Clarification of the Revenue Department No. 6, dated 9 August 2016)
PwC
2. Tax measures to encourage a single bookkeeping
Purpose:
To promote SMEs to prepare bookkeeping correctly
Benefits:
Double deduction granted to SMEs for expenses relating to the hire of students who currently study accounting for handling accounting matters
Eligible accounting periods:
Accounting periods commencing on or after 1 January 2016 until 31 December 2018 (3 years)
SME means companies or juristic partnerships established under Thai law that have fixed assets, excluding land, with a value of not more than THB 200
million and no more than 200 employees
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2.8 Additional deduction of hiring students who currently study accounting (Royal Decree No.607 dated 11 May 2016)
PwC
3. Additional tax deductions/other deductions
Purpose: To continue promotion of education support
Benefits:
Extension of period of double deduction for donations to educational institutions (either public or private sector)
Exemption from income tax, VAT, SBT and stamp duty on proceeds from transfer of property or instruments executed in respect of such donations (cost of property may not be included as a tax deductible expense)
Granted to:
Individuals or corporate entities
Period:
1 January 2016 to 31 December 2018
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3.1 Donations to educational institutions (Royal Decree No. 616 dated 30 June 2016)
PwC
3. Additional tax deductions/other deductions
Purpose: To continue promotion of sports support
Benefit:
Extension of period of double deduction for donations to sports organizations
Exemption from income tax, VAT, SBT and stamp duty on proceeds from transfer of property or instruments executed in respect of such donations (cost of property may not be included as a tax deductible expense)
Granted to:
Individuals or corporate entities
Period:
1 January 2016 to 31 December 2018
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3.2 Donations to sport organizations (Royal Decree No. 596 dated 25 January 2016)
PwC
3. Additional tax deductions/other deductions
Purpose: To promote R&D and innovation which will benefit the economic development and increase the ability to compete in the country.
Benefit granted to corporate entities (300% deduction)
Expenditure on R&D for technology and innovation paid to government or private sector
Additional 100% deduction grantedA further 100% deduction will be granted if the expenditure is paid from 1 Jan 2015 to 31 Dec 2019 with certain threshold amounts depending on the revenue of the company (6%-60% of revenue)
May not be used in a business subject to tax exemption under investment promotion law, either partly or wholly, if the benefits under RD 598 are used.
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3.3 Research and development (Royal Decree No. 598 dated 12 February 2016, effective from 25 February 2016)
PwC
3. Additional tax deductions/other deductions
Purpose: To promote investment in the country so as to benefit the economy in the short-term and to increase the ability to compete in the country over the long-term
Benefits:
P/O, purchase agreement, application for construction, etc. - dated between 3 Nov 2015 and 31 Dec 2016
Payment made between 3 Nov 2015 and 31 Dec 2016
Assets ready for use between 3 Nov 2015 and 31 Dec 2016 except for machinery and permanent buildings that may be ready for use after 31 Dec 2016
100% additional deduction for investment in new assets
The additional deduction must be averaged equally over each accounting period.
If
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3.4 Investment in new assets (Royal Decree No. 604 dated 18 April 2016, Royal Decree No.622 dated 24 August 2016)
PwC
3. Additional tax deductions/other deductions
Eligible assets:Type of asset Number of accounting
periods to be used for the additional deduction
1. Machinery, components, equipment, tools, furniture and fixtures
5
2. Computer programs 3
3. Registered vehicles under the law, excluding passenger cars with not more than 10 seats which are not acquired for use in a leasing business (cars used in leasing business can use this benefit.)
5
4. Permanent buildings, excluding land and permanent buildings used for residential purposes
20
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3.4 Investment in new assets (Royal Decree No. 604 dated 18 April 2016, Royal Decree No. 622 dated 24 August 2016) (Cont’d)
PwC
3. Additional tax deductions/other deductions
Purpose: To continue promotion of domestic travel so as to benefit the economy and to assist operators in the travel business
Benefits:
Extension of period of double deduction for expenses for seminar rooms, accommodation, transportation and other expenses related to domestic seminars and training for employees or expenses for such seminars and training paid to tourism operators under the law
Granted to:
Corporate entities
Eligible period:
1 January 2016 to 31 December 2016
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3.5 Expenses paid for domestic seminars and training (Royal Decree No.611 dated 19 May 2016, DG Notification No.267)
PwC
3. Additional tax deduction /other deductions
Purpose: To promote learning, maintenance of religion, arts and culture and to attract donors for these funds
Benefits:
Double deduction granted for donations to Safe and Creative Media Development fund and funds relating to art, culture, archives and archaeology, with a limit on the amounts deductible
Granted to:
Individuals and corporate entities
Effective date:
6 July 2016
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3.6 Donations to various cultural funds (Royal Decree No.615 dated 30 June 2016)
PwC
3. Additional tax deductions/other deductions
Purpose: To attract donors for the Technology Development Fund for Education which is of benefit to the education and learning of Thai people
Benefits:
Deduction for donations to the Technology Development Fund for Education established by the Ministry of Education, with a limit on the amount
Granted to:
Individuals and corporate entities
Effective date:
6 August 2016
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3.7 Donations to the Technology Development Fund for Education (Royal Decree No.619 dated 1 August 2016)
PwC
4. Tax exemptions/tax support
Purpose: To encourage multinational companies to set up more IHQs in Thailand
Previously, SBT exemption was granted to qualified IHQs only on interest received from loans to the associated enterprises according to Royal Decree No. 586 dated 28 April 2015.
New Benefits:
To extend the tax base for SBT exemption for qualified IHQs to be all remuneration received from treasury management services provided to associated enterprises
Effective date:
From 2 May 2015
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4.1 SBT exemption for treasury management (Royal Decree No. 612 dated 31 May 2016)
PwC
4. Tax exemptions/tax support
Purpose: To promote investment in property through REIT instead of property funds
Benefits:
Exemption from income tax for unit holders of property funds on income from the conversion of investment units to REIT trust certificates
Exemption from VAT, SBT and stamp duty for property funds for the transfer of property due to the conversion to REIT
Effective date:
Between 25 February 2016 and 31 December 2016
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4.2 Tax exemption for conversion of property fund to Real Estate Investment Trust (REIT)(Royal Decree No. 599 dated 12 February 2016)
PwC
4. Tax exemptions/tax support
Purpose: To promote target activities that use technology as the basis for the production process and services
4.3.1 Benefits for SME operators (Royal Decree No. 602 dated 18 April 2016)
CIT exemption granted to SME on profit derived from 10 target activities approved by the NSTD for five accounting periods under prescribed conditions
SME must meet the following criteria: 1. A company or juristic partnership must be established between 1 October 2015 and 31 December 2016 including obtains approval from the Director General of the Revenue Department.2. Paid-up capital on the last day of any accounting period must not exceed THB 5 million, and3. Revenue from the “sale of goods and provision of services” must not exceed THB 30 million in any accounting period.
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4.3 Tax support for target activities using technology as the basis for the production process and services approved by the NSTD
PwC
4. Tax exemptions/tax support
4.3.2 Benefits for venture capital (Royal Decree No. 597 dated 10 February 2016)
CIT exemption granted to venture capital companies for ten accounting periods on:
Dividends derived from an operating company
performing target activities
Gain on the transfer of shares in an operating company that earns at least 80% of its income
from target activities
Thai company doing target activities andnot listed in the SET
Operating Company
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4.3 Tax support for target activities using technology as the basis for the production process and services approved by the NSTD (Cont’d)
PwC
4. Tax exemptions/tax support
4.3.3 Benefits for shareholders and unit holders in venture capital trust (Royal Decree No. 597 dated 10 February 2016)
Individual/corporate shareholders or unit holders of venture capital company or private equity trust
PIT and CIT exemptions granted for ten accounting periods
To
DividendsGain on
transfer of shares/trust
units
Gain on dissolution of
venture capital company/private
equity trust
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4.3 Tax support for target activities using technology as the basis for the production process and services approved by the NSTD (Cont’d)
PwC
4. Tax exemptions/tax support
10 Target activities: Food and agriculture
Energy saving, energy replacement and clean energy
Bio-technology base
Medical and public health
Tourism, services and creative economics
Advanced materials
Textiles, clothes and accessories
Vehicles and parts
Electronics, computers, software and information technology services
Research, development and innovation or new industries
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4.3 Tax support for target activities using technology as the basis for the production process and services approved by the NSTD (Cont’d)
PwC
4. Tax exemptions/tax support
Purpose: To promote social enterprises so as to raise the quality of life of the people and to assist the private sector in coordinating with the government to project the community and society
4.4.1 Benefits of qualified social enterprises:
Corporate tax exemption on net profit
All the net profits of each accounting period must be
reinvested or used for the benefit of farmers, the poor, the disabled
or for other public benefit.
No dividend or any deemed income from reduction of
capital can be paid to shareholders or partners out
of the profit.
and
If
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4.4 Tax exemption granted to social enterprises, investors and donators (Royal Decree No. 621 dated 24 August 2016)
PwC
4. Tax exemptions/tax support
4.4.2 Benefits of corporate entities investing in qualified social enterprises:
Tax deduction in the amount equal to the investment in ordinary shares
4.4.3 Benefits for donations to qualified social enterprises:
Tax deduction for donations in cash or kind, subject to limitation of amounts deductible
The above two benefits are under condition that the qualified social enterprises can pay dividend to shareholders or partners not exceeding
30% of net profit of each accounting period.
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4.4 Tax exemption granted to social enterprises, investors and donators (Royal Decree No. 621 dated 24 August 2016)
PwC
4. Tax exemptions/tax support
Purpose: To promote debt restructuring of financial institutions under the criteria of the Bank of Thailand (continued from RD No. 581)
Benefits:
Tax exemption granted to debtors of financial institutions for income from the debts forgiven by the financial institutions which have executed the debt restructuring under the criteria of the Bank of Thailand from 1 January 2015
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4.5 Debt restructuring (Royal Decree No. 623 dated 30 August 2016)
PwC
5. Extension of period for filing/requesting refund
Benefits
Extension to 15 August 2016 with no penalty and surcharge for:
- CIT filing
- Request for refund of penalty and surcharge
Granted to:
BOI companies with multiple promoted projects which failed to compute income and expenditure of all promoted projects using net off method as required by the Board of Taxation Decision no. 38/2552, including those whose case was final.
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5.1 CIT filing for BOI companies with multiple promoted projects (BOI net-off issue) (Order of the National Council for Peace and Order No. 45/2559 dated 29 July 2016)
PwC
5. Extension of period for filing/requesting refund
Benefits
Extension to 1 August 2016 for claiming a stamp duty refund
Conditions Instruments executed between 5 April 2015 and 31 January 2016
requiring stamp duty to be paid in cash, but stamp duty was already affixed
Refund can be claimed only if the stamp duty has been correctly paid in cash.
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5.2 Stamp duty refund (Clarification of the Revenue Department dated 25 July 2016)
PwC
6. Personal income tax
Purpose: To relieve tax burden for taxpayer who buys a residence within December 2016
Benefits:
Amount paid for purchase of a house with land or a condominium unit as a residence
Value of property ≤ 3 million Baht
A deduction of 20% for five tax years – same amount for each year
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6.1 Tax deduction for purchase of first residence(Ministerial Regulation No. 313 dated 5 February 2016)
PwC
6. Personal income tax
Purpose: To encourage savings for security of the aged who do not obtain benefit from the government
Benefits:
Actual contribution paid to the National Savings Fund granted as allowance for personal income tax, subject to a maximum of Baht 500,000
Income tax exemption for benefit obtained from the National Savings Fund as a result of reaching the age of 60, becoming incapacitated or death
Effective date: For assessable income from 2015 onwards
The contribution to a National Savings Fund, a registered provident fund, a retirement mutual fund or a qualified pension life insurance premium - either one fund or several funds
– allowance subject to a maximum of Baht 500,000 in total for each tax year
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6.2 Contribution to the National Savings Fund(Ministerial Regulation No. 314 dated 11 April 2016)
PwC
6. Personal income tax
Purpose: To encourage people to invest on a long-term basis and maintain the stability of the Securities Exchange of Thailand
Benefits:
Investment in long-term investment fund (LTF) allowed for tax deduction up to 15% of assessable income received which is subject to income tax, with a maximum of Baht 500,000 in any tax year
Gain from redemption of investment units in the above LTF exempted from income tax
Eligible periods: 1 January 2016 to 31 December 2019
LTF must be held for at least seven calendar years, except in case of
incapacity or death
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6.3 Extension of tax deduction for investments in LTF(Ministerial Regulation No. 317 dated 28 June 2016)
PwC
6. Personal income tax
Purpose: To continue the promotion of domestic travel so as to benefit the economy of the country and assist tourism operators
Benefits:
Deduction of up to Baht 15,000 granted for domestic travel and hotel expenses
Eligible period:1 January 2016 to 31 December 2016
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6.4 Deduction for expenses on domestic travelling and hotels (Ministerial Regulation No. 316 dated 17 June 2016)
PwC
6. Personal income tax
Purpose: To promote OTOP products
Benefits:
Deduction of up to Baht 15,000 granted for amounts paid to operators of registered One Tambol One Product (OTOP) businesses
(Operator must have registered for VAT)
Eligible period:
Between 1 and 31 August 2016
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6.5 Deduction for spending on OTOP products(Ministerial Regulation No. 318 dated 29 July 2016)
PwC
7. Other
Purpose: To increase competition potential in the motor vehicle industry in the country and attract investment to make Thailand the centre of R&D and testing of prototype vehicles in the region
7.1.1 Benefits – VAT exemption (Royal Decree No. 613 dated 10 June 2016)
VAT exemption granted on import of prototype cars or motorcycles for R&D and testing which are approved to be exempted from excise tax under the law
Effective date:
1 January 2016
Importers – being approved by the Director-General of the Excise Department to carry on R&D or testing of vehicles
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7.1 Prototype cars or motorcycles for R&D and testing
PwC
7. Other
7.1.2 Benefits – Depreciation of prototype cars (Royal Decree No. 620 dated 1 August 2016)
Total cost of prototype cars allowed to be the base for depreciation (not limited to Baht 1 million)
Effective date:
The prototype cars must be acquired from 1 January 2016 onwards.
Prototype cars used for research, development or testing and approved to be exempted from excise
tax under the law
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7.1 Prototype cars or motorcycles for R&D and testing (Cont’d)
PwC
7. Other
7.1.3 Benefits – No VAT on prototype cars or motorcycles produced (Notification on VAT No.210)
No VAT imposed on prototype cars or motorcycles produced to businesses carrying on research, development or testing which obtain approval from the Director-General of the Excise Department
Effective date:
1 January 2016
Prototype cars or motorcycles used for research, development or testing and approved to be
exempted from excise tax under the law
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7.1 Prototype cars or motorcycles for R&D and testing (Cont’d)
PwC
7. Other
7.2.1 Ministerial Regulation No. 319 dated 3 August 2016
Benefits:
Bad debts written off are tax deductible without the need to follow the procedures under MR 186 under conditions.
Effective date:
Accounting periods beginning on or after 1 January 2011
Bad debts written off by non-life insurance company for re-insurance compensation due from the flooding in
Thailand from 1 July to 31 December 2011
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7.2 Bad debts written off – need not follow procedures under Ministerial Regulation No. 186
PwC
7. Other
7.2.2 Debt restructuring (Ministerial Regulation No. 321 dated 12 September 2016)
Benefits:
Bad debts written off are tax deductible without the need to follow the procedures under MR 186 under conditions.
Bad debts written off by financial creditors due to debt restructuring framework prescribed by the Bank
of Thailand executed from 1 January 2015
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7.2 Bad debts written off – need not follow procedures under Ministerial Regulation No. 186 (Cont’d)
PwC
7. Other7.3 Amendment of certain criminal punishments under the Revenue Code (The Revenue Code Amendment Act No.41 dated 10 Feb 2016)Purpose: To cover certain criminal offences and increase the punishment rate to be appropriate Effective date: 25 February 2016
Section Previous punishment Amendment
35 For only late filing of CIT return under sec. 17, fine under Sec 35 is not exceeding Bht 2,000.
To add fine of not exceeding Bht 2,000 under sec. 35 for not filing documents necessary to compute CIT together with the audited financial statements under Sec 69 (Total fine of not exceeding Bht 4,000)
37, 90/4(6)
To give false statement, fraud, deception or any other similar method to evade tax payment is subject to imprisonment from three months to seven years and fine of Baht 2,000 to Baht 200,000
To include the request for tax or VAT refund
37 bis Intentionally failure to file a return with a view to evading payment of tax and duty is subject to fine of not exceeding Baht 5,000 or imprisonment not exceeding 6 months or both
To increase punishment:
fine of not exceeding Baht 200,000 or imprisonment not exceeding one year or both
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PwC
7. Other
Method and due date: 7.4.1 Stamp duty must be paid in cash within 15 days from the date on which
certain instruments are executed in Thailand
Instruments in this category include the following:
Lease of land, buildings, other construction or floating rafts with rental
of THB 1 million or more
Hire of work agreement with remuneration of THB 1 million or more
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7.4 Method and due date for stamp duty to be paid in cash for certain instruments (Notification re: stamp duty No. 55 dated 26 August 2016)
PwC
7. Other
Method and due date: 7.4.2 Stamp duty paid in cash twice a month:
1. By the 22nd of the month for instruments executed during the first half of the month.
2. By the 7th of the following month for instruments executed during the second half of the prior month.
Instruments in this category include the following:
Hire-purchase of property for lessors who are juristic persons, financial institutions or operators of personal loan business under supervision
Suretyship for which a financial institution (excluding insurance company) is a party to the contract
Loan of money or agreement for bank overdraft
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7.4 Method and due date for stamp duty to be paid in cash for certain instruments (Notification re: stamp duty No. 55 dated 26 August 2016) (Cont’d)
PwC
7. Other
Method and due date:
7.4.3 Stamp duty must be paid in cash on the registration date for the following instruments:
Receipt issued in connection with a sale, sale with right of redemption, hire-purchase or transfer of ownership of a vehicle registered under the law, whereby both the seller and the hire-purchaser of the vehicle are juristic persons. Used vehicles are not included in this regulation.
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7.4 Method and due date for stamp duty to be paid in cash for certain instruments (Notification re: stamp duty No. 55 dated 26 August 2016) (Cont’d)
PwC
7. Other
Previous method New methodPublicly Accountable Entity (PAE)
GAAP GAAP
NPAE Subsidiary ofPAE
Contract, installment or percentage of completion
GAAP
Other NPAE Contract, installment or percentage of completion
Contract, installment or percentage of completion
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7.5 Real estate development business (Taw Paw 262/2559, effective date 31 August 2016)
PwC
1. Draft Act to amend the Revenue Code/ Draft of other Acts/Draft regulations
Cabinetresolution
Subject
13 Sep 2016 7% VAT rate extension for one more year from 1 October 2016 until 30 September 2017
23 Aug 2016 To amend the Investment Promotion Act, Drafts of Special Economic Zone Act, Draft of Act regarding increasing the ability of target industries to compete in Thailand
9 Aug 2016 Tax measures to promote individuals operating a business as a juristic person
2 Aug 2016 -To amend the Revenue Code for e-tax filing, e-withholding tax, e-tax invoices and receipts and electronic information remittance (E-payment plan)-Double deduction for expenses to support SME and investment in rural areas
26 July 2016 Deposits with nature similar to life insurance can be claimed as an allowance in PIT computation
12 July 2016 Extension of tax reduction (0.1% - 3%) for business operators located in specific development zones (Narathiwat, Pattani, Yala and part of Songkha) for three years from 1 January 2018 to 31 December 2020and double deduction of the CCTV costs in these zones
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1. Draft Act to amend the Revenue Code/Draft of other Acts/Draft regulations (Cont’d)
Cabinetresolution
Subject
7 June 2016 Draft of Land and House Tax law so as to replace House and Land Tax Act B.E. 2475 including Local Development Act B.E.2508
10 May 2016 To amend Sec 41 bis (transferor is taxpayer) to be consistent with Sec 42(26), (27):Parent as transferor of ownership or possessory right in immovable property without remuneration is exempt from tax on the portion of income not exceeding Baht 20 million for each legitimate child.
26 Apr 2016 Anti-tax evasion and fraud according to the Financial Action Task Force (FATF) –temporarily seize and attach property, treated as AML offence, etc
19 Apr 2016 Restructure of Personal income tax: tax rates, tax allowances and deductions, minimum annual income required for filing personal income tax return
1 Mar 2016 Law on international coordination for exchange of information for tax collection purposes
7 May 2015 Draft of transfer pricing law
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2. Non-Publicly Accountable Entities (NPAEs)
Non-complex NPAEs
Adopt only part of TFRS for SMEs No TAS 12
Complex NPAEs Apply full set of TFRS for SMEs
TAS 12 extensions to 2019
NPEs
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2. Non-Publicly Accountable Entities (NPAEs) (Cont’d)
PAEs
NPAEs
NPAEs
PAEs
NPAEs
NPAEsAssociate company, Subsidiary, Joint venture
Associate company, Subsidiary, Joint venture
Associate company, Subsidiary, Joint venture
Complex NPAEs
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Contact
Somsak AnakkaselaPartnerTel: +66 (0) 2344 [email protected]
6818 October 2016Maximise Shareholder Value 2017
Thank you
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