Taxes Eased For
Foreign Investors
12 December 2001 |
|
Thailand's
finance Minister announced wide ranging tax breaks and
incentives for the purpose of attracting foreign companies
to set up regional headquarters in Thailand. According
to Mr. Jatusripitak the package offers sweeping incentives
in the region to companies setting up regional operating
headquarters in Thailand, surpassing benefits offered
by Singapore and Malaysia.
Under
the new measure, regional headquarters operating in
Thailand will qualify for a 10% corporate tax rate,
just one-third of the standard rate currently charged.
A
waiver will be offered regarding taxes on dividends
paid to the headquarters by domestic and foreign subsidiaries.
Also
waived would be taxes on dividends paid by the headquarters
to its overseas parent firm.
25%
of the investment cost can also be charged immediately
by regional operating headquarters for depreciation
on fixed assets. |
|
|
|
Travelers Must Claim
Money Over US$10,000
9 November 2001 |
Under
new draft rules pursuant to the Money Laundering Act,
Travelers in and out of Thailand will soon have to report
amounts of money exceeding US$10,000 cash in foreign
currency to customs officials or risk having those funds
seized. According to a representative of the Money Laundering
Commission, a declaration was compulsory under a new
rule of the commission and the Finance Ministry. Currently,
the draft is awaiting endorsement by the Finance Minister.
Presently,
no restrictions exist concerning the amounts of foreign
currency cash a foreigner may take in and out of Thailand.
Conversely, 50,000 baht remains the maximum amount of
Thailand currency that persons may take out of the country
(except for travel to Burma, Laos, Cambodia and Malaysia
which have a higher maximum). |
|
|
|
Parliamentary Approval
For E-Transaction Law
31 October 2001 |
Parliamentary
approval has been given to the Electronic Transaction
Law and is expected to be enforced in February next
year. There are concerns being voiced regarding the
power to be vested in an Electronic Transaction Committee.
According
to the National Electronics and Computer Technology
Center (Nectec) the bill is now awaiting the signature
of His Majesty the King and that it would become law
120 days after being announced in the Royal Gazette.
The
Juridicial Council has drafted a decree establishing
which transactions would not be covered by the law.
The new law will apply to all civil and commercial transactions
using electronic data unless otherwise stated in the
Royal Decree.
The
bill would also apply to transactions with government
agencies and consequently Nectec would work with government
agencies to update regulations to conform to the new
law. A 12 member Electronic Transaction Committee will
be established to oversee the governmental policy and
regulation of electronic transactions. Critics of the
government have suggested that the Committee's mandate
is too broad and jeopardized principles of free trade
and an open market. |
|
|
|
Private Telecom Operators
Worried Over Bill
11 October 2001 |
Wednesday
night the House of Representatives passed the heavily
criticized telecommunications service bill. The bill
passed in a 276-76 vote despite concerns of private
telecom operators who fear small operators will vanish
from the industry.
The
outcome of the vote allows for the bill to be submitted
by Prime Minister Thaksin Shinawatra to His Majesty
the King for his signature within 20 days. Once the
bill has been signed it will then be announced in the Royal Gazette and will then become effective
in 90 days.
The
new law will limit foreign shareholdings in telecommunications
companies to 25%. One aspect of the new law that remains
unclear is wither the 25% restriction applies to operators
already in existence. Under the new law , telecom operators
must change their concession contracts and then reapply
to the National Telecommunications Commission.
It
is widely accepted that foreign shareholders hold more
than 25% in most Thailand based telecommunications enterprises.
Concerns were also raised that the passage of the bill
would conflict with Thailand obligations for trade liberalization
under the World Trade Organization. |
|
|
|
Companies
Decline To Participate In TAMC Program
10
October 2001 |
The
first lot of a total of 900 billion baht worth of bad
loans is expected to be transferred to the Thai Asset
Management Corp on Monday with the remainder to be transferred
by year-end.
Although
eligible to participate, twelve financial institutions
including, UOB Radanasin, Standard Chartered Nakornthon,
Kiatnakin Finance have declined to participate in the
TAMC program. These twelve institutions had a total
of 38.8 billion baht in bad loans eligible for transfer.
The
TAMC is also considering establishing a separate property
fund for TAMC assets according to Finance Minister Somkid
Jatusripitak.
In
related news, a two-year extension has been given for
tax exemptions for asset transfers relating to debt
restructuring up to the end of 2003.
The
central bank's Corporate Debt Restructuring Advisory
Committee (CDRAC) estimates that it has assisted in
restructuring1,013 large cases with debts totaling 128.7
billion baht. |
|
|
|
Disclosure Violates
The Right of Debtors
9 October 2001 |
Amid
criticism of the lack of transparency in the government
run Thai Asset Management Corporation (TAMC) a spokesperson
of the TAMC asserted that the names of debtors whose
loans are transferred to the Thai Asset Management Corporation
(TAMC) would not be made public because it would violate
their rights.
Economists
had earlier expressed concerns that the state-owned
TAMC might experience meddling and political pressure
from those with vested interests. However TAMC's spokesperson
stated that the TAMC organization was in good order
and was subject to rigorous examination by an auditor
committee appointed by the TAMC board.
The
first tranche of non-performing loans, estimated to
be 300 billion baht will be transferred to the AMC on
15 October 2001. TAMC spokesperson stated that it would
take about two years to know which business will be
liquidated and which may survive. |
|
|
|
E-Data Acceptable In
Court
9 October 2001 |
The
senate passed a bill yesterday making electronic data
acceptable in court as evidence and making e-signatures
as good as handwritten ones. The bill passed with an
overwhelming majority with only three points requiring
minor changes. Once the changes are made the bill will
go back to the House for a final review. The bill which
was originally initiated in 1998 to promote e-commerce
is reported to comply with international rules set by
the United Nations Commission on International Trade
Law. |
|
|
|
TAX Incentives For Foreign
Film Makers
4 October 2001 |
The
Revenue Department will propose tax incentives to foreign
filmmakers to promote tourism and attract more foreign
film production in Thailand. Pursuant to the new proposals,
the tax earnings of foreign actors will be given a ceiling.
The department collects taxes at rates between 5% and
37% currently, which is the same rate applied to all
personal incomes.
The
Revenue Department is also considering a new scheme
of tax rebates for tourists intended to boost tourism.
Tax
cuts will also be given to local companies who incur
expenses in organizing seminars for their employees
according to the Revenue Department. |
|
|
|
Monopoly
Gets A New Definition
23 August 2001 |
Pursuant
to changes to be presented in Thailand's competition
law, businesses who control a 50% or greater share in
their respective markets will be considered a monopoly
if their annual sales generate more than one billion
baht. Under the earlier version of the Act, the definition
of a dominant business was one with a 33.33% share in
its market and one billion baht in sales, but such definition
was never formally approved by the previous government.
With the implementation of the 50% market share requirement
significantly less businesses would be subject to the
effect of the Act. The new law still requires ministry
and cabinet approval.
Only
operators in the industrial, commercial and agricultural
sectors will be affected and not the service sector.
Companies meeting the new criteria would be subject
to regular scrutiny by the Trade Competition Penalties
under the Act include a penalty of up to three years
in jail and/or a six-million-baht fine. |
|
|
|
|
|