Taxation
1. Corporate
Income Tax
Incorporated firms operating in Thailand pay income
tax at a rate of 30 percent of net profits. Foundations
and Associations pay income taxes at a rate of two to
10 percent of gross business income, depending upon
the activity. International transport companies face
a rate of three percent of gross ticket receipts and
three percent of gross freight charges.
From January 1, 2002,corporate income tax for small
and medium-sized enterprises with paid up registered
capital not exceeding 5 million bat was cut. Profits
of as Much as 1 million will be taxed at 20 percent
and profits of more than 3 million baht at 30 percent.
All companies registered under Thai law are subject
to taxation as stipulated in the Revenue Code and are
subject to income tax on income earned from sources
within and out-side of Thailand. Foreign companies not
registered or not residing in Thailand are subject to
tax only on income derived from sources within Thailand.
Normal business expenses and depreciation allowances,
at rates ranging from five to 100 percent, depending
on the item, or at rates under any other acceptable
depreciation method, are allowed as deductions from
gross income. Inventory must be valued at cost or at
market price, whichever is lower. Net losses can be
carried forward for up to five consecutive years. Interest
payments on some foreign loans may be exempt from a
firm’s income tax.
Inter-corporate dividends are exempt from tax on 50
percent of dividends received. For holding companies
and companies listed on the SET, dividends are completely
exempt, provided the shares are held three months prior
to and after the receipt of dividends.
Deductions for gifts and donations up to a total of
four percent of net profit are available, as follows:
- Two percent to approved public charities or for public
benefit;
- Two percent to approved education or sports bodies.
No deduction is permitted for any expenditure that
is determined on the basis of net profit (e. g. bonuses
paid as a percentage of net profit) at the end of an
accounting period.
Depreciation of assets of limited companies and partnerships
is based on cost. The rates of annual depreciation permitted
by the law generally varying from 5 to 20 years.
Entertainment and representation expenses are deductible
up to maximum limits as a percentage of gross sales,
or of paid-up capital at the closing date of the accounting
period, whichever is greater.
Taxes are due on a semi-annual basis within 150 days
of the close of a six-month accounting period, and employers
are required to withhold personal income tax from their
employees Except for newly incorporated companies, an
accounting period is defined as a duration of 12 months.
Returns must be accompanied by audited financial statements.
A corporate taxpayer must file a half-year return and
pay 50 percent of the estimated annual income tax by
the end of the eighth month of the accounting period.
Failure to pay the estimated tax or under-payment by
more than 25 percent may subject the taxpayer to a fine
amounting to 20 percent of the amount in deficit.
Failure to file a tax return, late filing or filing
a return containing false or inadequate information
may subject the taxpayer to various penalties. Failure
to file a return, and sub-sequent non-compliance with
an order to pay the tax assessed, may result in a penalty
equal to twice the amount of tax due. Penalties are
due within 30 days of assessment.
| 2. Value Added
Taxes |
 |
The value added tax (VAT) system, which came into
effect on 1 January 1992, largely replaced the old business
tax system.
Under the this tax regime, value added at every stage
of the production process is subject to a seven percent
tax rate, This tax affects: Producers, providers of
services, wholesalers, retailers, exporters and importers.
The VAT must be paid on a monthly basis, calculated
as:
Output tax – Input tax = Tax paid
Where output tax is the VAT, which the operator collects
from the purchaser when a sale is made, and input tax
is the VAT which an operator pays to the seller of a
goods or service which is then used in the operator’s
business.
If the result of this calculation is a positive figure,
the operator must submit the remaining tax to the Revenue
Department not later than 15 days after the end of each
month. However, for a negative balance, the operator
is entitled to a refund in the form of cash or a tax
credit, which must be paid in the following month.
A. Zero Rate
The following are not subject to VAT
* Exports
* Services provided in Thailand for persons in foreign
countries
* International transportation by air and sea by Thai
juristic persons. Foreign juristic persons may enjoy
zero percent when its country applies zero percent to
Thai juristic persons operating there
* Sale of goods or services to civil service or state
enterprises under foreign loan or aid schemes
* Sale of goods or services to the UN and its agencies,
foreign embassies and consulates
* Sale of goods or services between bonded warehouses,
between operators in export processing zones, or between
the former and the latter.
Operators whose gross earnings from the domestic sale
of goods and services exceed 600,000 baht, but are less
than 1,200,000 baht per year, can choose between paying
a gross turnover tax of 1.5 percent or the normal VAT.
However, operators paying the gross turnover tax may
not offset this tax by charging VAT to their customers
in any step of production.
B. Special exemption from VAT
* Operators earning less than 600,000 baht a year
* Sale or import of agricultural products, livestock,
and agricultural inputs, such as fertilizer, and feed
* Sale or import of published materials and books
* Auditing, legal services, health services and other
professional services
* Cultural and religious services
* Educational services
* Services provided by employees under employment contracts
* The sale of goods as specified by Royal Decree
* Goods exempt from import duties under the Industrial
Estate Authority of Thailand (IEAT) Act
* Domestic transport (excluding airlines) and international
transport (excluding air and sea lines).
C. Specific Business Tax (SBT)
A specific business tax of approximately three percent
is imposed, in lieu of VAT, on the following businesses:
* Commercial banks and similar businesses
* Insurance companies
* Financial securities firms and credit fonciers
Type of business/Tax rate
Banking or similar business; finance, securities and
credit foncier business - 3%
Insurance (life or insurance against loss) -2.5%3%
Pawnshop - 2.5%
Sale of immovable property in a commercial manner for
profits - 3%
* Sales on the stock exchange
* Sales of non-movable properties
* Pawn shops.
The SBT is computed on the monthly gross receipts at
the following rates:
D. Remittance Tax
Remittance tax applies only to profits transferred
or deemed transferred from a Thailand branch to its
head office overseas. It is levied at the rate of 10
percent of the amount to be remitted before tax, and
must be paid by the remitting office of the offshore
company within seven days of the date of remittance.
However, outward remittances for the purchase of goods,
certain business expenses, principal on loans to different
entities and returns on capital investment, are not
subject to an outward remittance tax. The tax does not
apply to dividends or interest payments remitted out
of Thailand by a company or partnership; these are taxed
at the time of payment.
Section 70 of the Revenue Code addresses in come paid
to foreign juristic persons. When a company or partnership
incorporated under a foreign law and not carrying on
business in Thailand receives “assessable income” paid
either from or in Thailand, the payer is usually required
to deduct income tax at a rate of 15 percent of the
gross remittance. In 1992, standard deductions, were
abolished, making the flat 15 percent rate effective
on all assessable income except for dividend income,
on which the 20 percent withholding tax was reduced
to 10 percent.
There is no withholding tax on capital gains or on
the share of profit paid to foreign investors in mutual
funds, of in the SET. Physical remittance of funds may
not be necessary in order to incur either the dividend
or interest tax liabilities, which may be incurred by
making book entries.
| 3. Personal
Income Tax |
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Every person, resident or non-resident, who derives
assessable income from employment or business in Thailand,
or has assets located in Thailand, is subject to personal
income tax, whether such income is paid in or outside
of Thailand. Exemptions are granted to certain persons,
including United Nations. officers, diplomats and certain
visiting experts, under the terms of international and
bilateral agreements.
Personal income tax is applied on a graduated scale
as follows:
| Net Annual Income (Baht) |
Tax Rate |
|
0 - 100,000 - 0%
100,001 - 500,000 - 10%
500,001 - 1,000,000 - 20%
1,000,001 - 4,000,000 - 30%
>4,000,001 - 37% |
Individuals residing for 180 days or more in Thailand
for any calendar year are also subject to income tax
on income from foreign sources if that income is brought
into Thailand during the same taxable year that they
are a resident.
Exchange control laws stipulate that all foreign exchange
earned by a resident, whether or not derived from employment
or business in Thailand, and brought into Thailand,
must be sold to or deposited with commercial banks within
15 days, unless permission for an extension is granted.
Personal income taxes and tax returns must be filed
prior to the end of March of the year following the
year in which the income was earned.
A standard deduction of 40 percent, but not in excess
of 60,000 baht, is permitted against income from employment
or services rendered or income from copyrights.
Standard deductions ranging from 10 percent to 85 percent
are allowed for other categories of income. In general,
however, taxpayers may elect to itemize expenses in
lieu of taking standard deductions on income from sources
specified by law.
Other types of taxable income and the rate of standard
deduction include:
• Interest, dividends, capital gains on the sale of
securities: Forty percent but not exceeding 60,000 baht.
• Rental income: Ten percent to 30 percent depending
on type of property leased.
• Professional fees: Sixty percent for income from medical
practice, 30 percent for others.
• Income derived by contractors: Seventy per cent.
• Income from other business activities: Sixty-five
percent to 85 percent depending on the nature of the
business activity.
The following annual personal allowances are permitted:
| Taxpayer |
30,000 |
| Taxpayer's spouse |
30,000 |
| Each child's education |
15,000 |
| For taxpayer contributions to an approved provident
fund |
10,000 |
| For taxpayer and spouse for interest payments
on loans for purchasing, hire-purchasing or construction
of residential buildings |
10,000 |
| For taxpayer and spouse with respect
to contributions to Social Securities Fund |
Actual contribution not more than 10% of adjusted
income |
Only three children per taxpayer family qualify for
the child allowance, but this limitation applies only
to children born on or after 1 January 1979.
Therefore, in counting the number of children, a child
born prior to 1979 can also be counted. For example,
a taxpayer with four children born before 1979 continues
to qualify for an aggregate allowance of 60,000 baht.
A fifth child, born in 1979, would not qualify.
Additional taxes can be assessed, within a period of
two years from the date of filing a return, and up to
five years for tax evasion or tax refund. If an individual
fails to file a return, the assessment officer may issue
summons within a period of 10 years from the filing
due date.
A. Treaties to Avoid Double Taxation
Thailand has treaty agreements to eliminate double taxation
with the following countries:
| Armenia |
Australia |
Austria |
Bahrain |
Bangladesh |
| Belgium |
Bulgaria |
Canada |
China |
Cyprus |
| Czech Rep. |
Denmark |
Finland |
France |
Germany |
| Hungary |
India |
Indonesia |
Israel |
Italy |
| Japan |
Korea |
Loas |
Luxembourg |
Malaysia |
| Mauritius |
Nepal |
The Netherlands |
New Zealand |
Norway |
| Oman |
Pakistan |
The Phillipines |
Poland |
Romania |
| Singapore |
Slovenia |
South Africa |
Spain |
Sri Lanka |
| Sweden |
Switzerland |
Turkey |
Ukraine |
United Arab Emirates |
| United Kingdom and Northern Ireland |
United States |
| Uzbekistan |
Vietnam |
The treaties generally place taxpayers in a more favorable
position for Thai income than they would be under the
Revenue Code, as profits will only be taxable if the
taxpayer has a permanent establishment in Thailand.
B. Other Taxes
• Petroleum Income Tax
The Petroleum Income Tax Act replaces the Revenue Code
in imposing a tax on income from firms which own an
interest in a petroleum concession granted by the Thai
government or which purchase oil from a concession holder
for export. Net income from petroleum operations includes
revenue from production, transport or sale of oil and
gas, the value of gas delivered to the government as
a royalty and the proceeds of a transfer of interest
in a concession. The tax rate for most operators is
not less than 50 percent and not more than 60 percent
of net profits.
• Stamp Tax
The Revenue Code contains a Stamp Duty Schedule listing
transactions subject to stamp tax. Rates depend on the
nature of the transaction, and fines for failure to
stamp documents are very high.
• Excise Tax
Excise tax is levied on the sale of a number of goods,
including petroleum products, tobacco, liquor, soft
drinks, cement, electrical appliances, and automobiles.
• Property Tax
Owners of land and/or buildings in designated areas
may be subject to annual taxes levied by the local government.
Under the Local Development Tax Act of 1965, rates per
unit vary according to the appraised value of the land.
However, land for the personal residence of the owner,
animal husbandry, or land cultivation is exempted from
this Act. For land taxable under the House and Land
Tax Act of 1932, which is based on the value of the
land and buildings or any other improvements, annual
tax is levied at the rate of 12.5 percent of the assessed
assumed rental value of the property, and only owner-occupied
residences are exempt.
C. Tax Courts
Tax cases are considered different in nature from normal
civil cases. The Tax Court Establishment and Procedure
Act, effective since 1985, provides special and accelerated
procedures for tax litigation. Tax courts have authority
to judge the following cases:
• Appeals against the decision of tax officers or committees
• Disputes over the claims of state tax obligations
• Disputes over tax refunds
• Disputes over rights or obligations concerning tax
collection obligations. Disputes over the right or obligations
regarding tax collection obligations
• Other cases made subject to the Act as prescribed
by other laws.
Note: Decisions of the tax courts may be appealed to
the Supreme Court within one month after the date of
the judgment.
D. Tax Clearance Certificates
As of May 1991, requirements for tax clearance certificates
have been significantly reduced. Provided that an individual
demonstrates compliance with tax laws, he is not required
to secure a tax clearance certificate within 15 days
before leaving the country.
Employees of businesses incorporated under foreign
law, but which carry out business in Thailand, must
acquire a certificate from the Revenue Department before
departure. The requirement is not enforced if the individual
has been in Thailand less than 90 days in any tax year
and has not received any income.
E. Tax Reform
Thailand is actively pursuing reform of its tax system
and taxes on industrial imports have already been sharply
reduced. Over the past five years, the government has
consistently moved to reduce import tariffs on machinery
and raw materials. In August 1999, the government introduced
a number of measures to encourage investment, including
tariff cuts. One-hundred and forty-six tariff lines
– 85 percent of the total number – had their rates cut
to 0–five percent, notably on raw materials and capital
goods.
| 4. Customs Duties
|
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Tariff duties on goods are levied on an ad valorem or
a specific rate basis. The majority of goods imported
by businesses are subject to rates ranging from five
percent to 60 percent
The majority of imported articles are subject to
two different taxes: Tariff duty and VAT. Tariff duty
is computed by multiplying the CIF value of the goods
by the duty rate. The duty thus determined is added
to the value of the goods determined with reference
to the CIF price. VAT is then levied on the total
sum of the CIF value, duty, and excise tax, if any.
Goods imported for re-export are generally exempted
from import duty and VAT.
As a part of the BOI’ promoted companies are eligible
to receive exemptions or reductions from import duties
on raw and essential materials as well as machinery.
Further, companies that belong to the BOI’ s Investor
Club Association (IC) are eligible to use the IC’s
Raw Materials Tracking System (RMTS) AND Machinery
Tracking System (MCTS). For companies that take advantage
of this service, release of raw materials and machinery
can be done in three hours or less. For more information,
please contact the Investor Club at:
Tel (662) 936 1429-40, exts 314, 315, 318.
All exported goods are exempt from export duties
except raw hides and skins, wood and sawn (including
lumber) items.
Interested persons can receive advice and additional
information from the Export Promotion and Privileges
Group, Customs Department at Tel: (622) 240 2513-6
or (622) 240 2513.
Electronic Data Interchange (EDI)
The Customs Department has improved its services
by computerizing procedures with the Electronic Data
Interchange system. EDI allows for customs entry information
to be transferred via an on-line system. The trader
may link to the system or may use a licensed customs
broker. The EDI system helps entrepreneurs save costs
and time because they can rapidly submit entry data
for preliminary verification by customs officers,
which takes no more than five minutes. Entrepreneurs
will only need to meet customs officers for document
verification; the rest will be processed through the
EDI system.
The Customs Department has selected “UN/EDIFACT”
as the standard format for the exchange of information
between it and trading partners as well as other related
organizations; The Federation of Thai Electronic Data
Interchange (FTEDI) and Thai Industrial Standards
Institute (TISI) have duly approved the internationally
accepted UN/EDIFACT as the EDI standard for Thailand.
For technical queries, telephone (662) 671-7151
Procedure
Exporters or customs brokers submit export entry
data via the EDI system. Upon verification, the exporter/broker
will be notified and will then print export entries
for submission at any customs office, together with
other documents.
Good not subject to tariff and value verification
can pass through green channels, whereas the goods
subject to tariff and value verification must proceed
through red channels for verification at the Export
Procedure Sub-Division and for duty payment (if any).
Frees trade zones, warehouses
Thailand gas several Export Processing Zones (EPZs).
Firms located in them are exempt from import duties
and other taxes on factory construction materials,
machinery and equipment and export manufacturing inputs.
Within EPZs, foreign investors are permitted to own
land and employ foreign technicians and experts. EPZs
are generally co-located within industrial estates
developed either by the Thai Industrial Estate Authority
or by the private sector. Therefore, they have full
infrastructure facilities and generally good access
to transportation.
Free trade zones were established in 1997 to boost
key export-oriented industries such as electronics,
automobiles and parts, and gems and jewelry. Industries
located in these zones enjoy tax holidays on machinery
imports and corporate tax exemption for a set period.
The raw materials imported for export-oriented production
also would be exempt from duties. In addition, industries
in these zones do not have to apply to the Industrial
Works Department for factory operating licenses. Goods
kept in bonded warehouses can be stored for two years,
and are exempt from import and export duties once
exported.
Gold Cards
This status for certain importers and exporters allows
them to bypass some time-consuming procedures, and
facilitates on-the-spot tax clearance and rebates.
Importers
* Pass Bills of Lading through an EDI-based fast
track or Green Line customs inspection and clearance
system
* Ship cargoes immediately and present documents later
* Exemption from regular customs procedures except
random checks.
Exporters
* Pass Bills of Lading through an EDI-based fast
track or Green Line customs inspection and clearance
system
* Exemption from regular customs procedures, except
random checks.
Qualifications
Entrepreneurs must be juristic persons with paid
up capital of not less than five million baht. They
must have a clean import/export track record for at
least three years and be willing and able to adopt
EDI practices for customs clearance.
Also, they must be members of the Federation of Thai
Industries, a Chamber of Commerce and /or the Thai
National Shippers’ Council. They must present confirmation
letters from such organizations stating that they
are financially sound and without any record of infringing
customs laws or other relevant laws or regulations
retroactively for three years from the date of application.
Requirements
* Deposit security for bonded warehouses with the
Customs Department in the form of a bank guarantee
for not less than five million baht
* Keep original copies of Bills of Lading and other
relevant documents for at least five years.
* Surrender to audits by customs officers and facilitate
them while on duty.
Supervisory agencies have been set up to oversee Gold
Card holders, to both monitor and assist with all
matters relating to customs.
Categorization of customs brokers
To encourage quality services, the Customs Department
has classified reliable customs brokers who meet strict
qualifications in to two levels – special-grade and
good-grade brokers.
Qualifications
* The applicant must be a juristic person with a
paid up, registered capital of one million baht.
* At least one customs specialist authorized by the
department is to be sought within six months of the
Custom Department’s approval.
* Each entity must have a minimum of 30 clients. Where
there are fewer than 30 clients, applicants for special
grade must place a bank guarantee of five million
baht, and 10 million for good grade.
Requirements
Special grade brokers must secure a guarantee contract
for bonded warehouses and place deposits or any kind
of guarantee issued by banks or financial institutions
acceptable to the Customs Department worth 25 percent
of the estimated drawbacks.
For good grade brokers, the Customs Department may
require the security for bonded warehouses either
by money deposit or any kinds of guarantee issued
by banks and financial institutions accepted by the
Customs Department. The value of the drawback should
not be lower than two million baht and not exceed
five million baht.
Benefits: Importation
* No check is made on valuation; tariff classification
and tax and duty are calculated during the formality
execution process, while review is carried out after
the goods are released from Customs custody.
* Bulk cargo is exempted from a quantity guarantee
* Samples for analysis can be delivered to Customs
after the clearance of goods.
* Special-grade customs brokers are allowed to submit
a guarantee deposit on behalf of importers in case
of post-release review.
* Goods are subject to half the normal opening rate
for physical examination.
Exportation
* Special and good grade Customs brokers not applying
for tax and duty privileges are exempt from examination
and control of cargo containerization. The export
entry of any exporter applying for tax and duty privileges
through a good-grade broker will be given examination
priority over that handled by a general broker
Goods exempt from duty payment
* Exported articles including re-exports which are
re-imported within one year without any change in
character or form, and for which a re-importation
certificate was obtained at the time of exportation.
* Articles imported into Thailand, upon which duty
has been paid, and subsequently sent out of the country
for repairs, if re-imported within one year from the
date of re-importation certificate issued at the time
of exportation.
* The following articles, of accompanied by the owner
or temporarily imported to be re-exported within six
months from the date of importation:
(a) Articles for use in theatrical or other similar
performances, imported by itinerant performers visiting
Thailand
(b) Apparatus and articles used for experiments or
demonstrations, scientific or educational, and imported
by persons temporarily visiting Thailand for the purpose
of conducting such experiments or demonstrations;
(c) Vehicles, boats and aircraft accompanied by the
owner;
(d) Photographic and cinematographic apparatus and
sound recording machines imported by persons temporarily
visiting Thailand for the purpose of taking photographs
or recording sound, but photographic films and plates
or articles for recording, imported for such purposes,
must be in accordance with the conditions and quantity
specified by the Minister of Finance
(e) Firearms and ammunition accompanied by persons
temporarily visiting Thailand;
(f) Articles, temporarily imported, intended for exhibition
of a public character;
(g) Articles imported for repair, subject to the conditions
as prescribed by the Director General of Customs;
(h) Samples of merchandise, not falling within heading
No. 14, accompanied by persons temporarily visiting
Thailand, provided that such samples are capable of
being duly identified on exportation and are not of
such quantity or value that, taken as a whole, they
no longer constitute samples in the usual sense of
such term;
(i) Tools and equipment for building and construction,
development work and other temporary activities as
the Director General of Customs may think fit.
* Awards and medals given by foreign countries to
any person in Thailand for distinction in arts, literature,
science, sports or public service or otherwise as
a record of meritorious achievement or conduct.
* Personal effects, accompanied by the owner for his
own or professional use, in reasonable quantity, except
motor vehicles, firearms and ammunition, provisions;
but for spirituous liquor, cigarettes, cigars or smoking
tobacco, being personal effects and accompanied by
the owner, the Director General of Customs may impose
any restriction with respect to the exemption from
payment of duty at any port as he may think fit but
the quantity must not exceed
(a) Two hundred cigarettes or 250 grams for cigars
or smoking tobacco or altogether weighing not more
than 250 grams;
(b) Spirituous liquor – one liter.
* Secondhand household effects, accompanied by the
owner on change of domicile I reasonable amounts.
* Parts and accessories of aircraft or vessels, including
materials imported to be used for repair or construction
of aircraft or vessels or parts of the said aircraft
or vessels.
* Fuel oil, lubricating oil and lubricants to be used
for replenishment for storage on aircraft or on ships
of gross tonnage more than 500 tons under the authority
of a customs clearance to a foreign destination.
* Crops cultivated by persons with domicile in Thailand,
on islands and along the foreshore of rivers forming
Thai borders.
* Goods covered by privileges according to agreement
with any United Nations organization or under international
law or treaties or by reciprocity through diplomatic
channels,
* Any goods proved to the satisfaction of the Minister
of Finance or his authorized person to be:
(a) Imported or exported for distribution to the public
for charitable purposes through government organizations
or public charity organizations:
(b) Imported for donation to government organizations
or public charity organizations for public use.
* Imported postal packages valued not over 500 baht
per package.
* Munitions for official use.
* Samples of merchandise fit only to be used as such
and of no commercial value.
* Receptacles of a kind used as containers for convenience
or safety of international transport – as called “Container”
–which are imported to be re-exported whether or not
containing goods, under the rules and conditions as
specified by the Director General of Customs.
* Imported goods proved to the satisfaction of the
Director General of Customs or his authorized agent
for sole use by the blind.
* Goods proved to the satisfaction of the Director
General of Customs or his authorized agent to be necessary
for use at international conferences, in reasonable
amounts.
For those goods exempt from export duties, exporters
are also entitled to apply for the following benefits:
* Value added tax refunds;
* Excise duty refunds;
* Drawback on raw materials imported to be produced,
mixed, assembled or packed for re-export (Section
19 of the Customs Act (No. 9), B.E. 2482);
* Tax and duty compensation on exported goods which
are domestically manufactured, whether they partially
or
wholly consist of local or overseas raw materials
(Exception: goods not entitled to compensation or
other benefits according to the Committee, see Section
19 or the BOI).
Tax and duty compensation are calculated as a percentage
of the F.O.B. value of exported goods. For example,
sets of automobile brakes, bumpers and wheels will
be subject to a compensation rate of 7.99 percent
of the F.O.B. value, while home appliances made of
plastic are entitled to the compensation rate of 3.51
percent of the F.O.B. value.
The Customs Department has a one-stop drawback service,
dividing entrepreneurs into six groups:
* Entrepreneurs using a bank guarantee will be granted
drawback within minutes
* Special-grade customs brokers will be granted drawback
within one day
* Good-grade customs brokers will be granted drawback
within 15 days
* Special- grade exporters will be granted drawback
within 15 days
* Good-grade exporters will be granted drawback within
20 days
* General drawback applicants will be granted drawback
within 30 days
| 5. Import and
Export Regulations |
 |
While regulations govern the import and export
of most goods into and out of Thailand, trade in certain
items is restricted through outright prohibition, the
imposition of duties or licensing requirements. Thus,
the export of unmilled rice and rice bran is expressly
prohibited. Other goods, such as rubber, timber, rice,
hides and skins, silk yarn, and iron scrap may be sold
to foreign buyers, but duties must be paid on them.
To export certain items, such as gold, cattle, or sugar,
one must secure a license from the relevant government
authorities.
Import controls
The Ministry of Commerce designates classes of goods
that are subject to import controls, which usually
take the form of permission and licensing. Although
these controls are being liberalized, many classes
of goods require import licenses from the Ministry
of Commerce. These categories are frequently changed
through notifications from the ministry. Application
for the license must be accompanied by a supplier’s
order, confirmation, invoice, and other pertinent
documents.
In addition to the Act imposing the above controls,
a number of goods are subject to import controls under
other laws. These include:
* The import of modern drugs requires prior licensing
from the Food and Drug Administration under the Ministry
of Health
* The Minerals Act stipulates that without appropriate
permission, an importer is prohibited from importing
tungstic oxide and tin ores and metallic tin in quantities
exceeding two kilograms
* The Ancient Monuments, Antiques, Objects of Art
and National Museum Act provides that antiques or
objects of art, whether registered or not, must not
be delivered without permission from the Director
General of Fine Arts
* The Armation, Ammunition, Explosives, Fireworks
and Imitation Firearms Act bars people from producing,
buying, using, ordering or importing armations or
ammunition or explosive devices unless they gave the
appropriate license from the Ministry of Interior
* The Cosmetics Act stipulates that for the purpose
of protection of public health, any importer of controlled
cosmetics must provide the name and location of the
office and the place of manufacture or storage of
the cosmetics, the name, category, or kind of cosmetics
to be imported, and the major components of the cosmetics.
Export controls
Thailand maintains few restrictions on exports, except
when related to national security, environmental protection
and cultural concerns, or pursuant to trade agreements
(such as international commodity agreements, agreements
governing the textile and apparel trade, agreements
on subsidies and dumping, etc.). The Ministry of Commerce
is authorized to subject products to export control.
Certain goods require export licenses under other
laws, such as seeds, trees, and leaves of tobacco.
Certain goods, such as sugar and rice, are subject
to export licenses under the Export Standards Act,
which aims to ensure that such exports are of a set
quality.
Exporters of agricultural commodities may find that
membership in trade associations is mandatory, and
they may impose their own regulations for membership.
The Department of Foreign Trade under the Ministry
of Commerce administers Thailand’s quota program for
the export of textiles and apparel.
Source: A Business Guide to Thailand published by the Thailand Board of Investment
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