Taxation
on Insurance Agents Under Review
23 September 2002 |
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An
official at the Commerce Ministry has questioned the
current tax burden placed on insurance agents. Considered
as businesses rather than employees, insurance agents
whose annual incomes exceed 1.2 million baht are subject
to 7% VAT on top of the 30% income tax they are normally
charged. Considering this practice as not only unfair,
but also discouraging to those considering the profession,
a Ministry official has initiated discussions between
the Insurance Department and the Revenue Department
to address this issue. |
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New BOI
Factory Zoning Rules Proposed
19 September
2002 |
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industries in seven sectors may be allowed more freedom
for development once the Board of Investment eases existing
zoning rules. Investors in these industries had complained
that the existing restrictions made their projects less
competitive and sometimes unviable. The new rules would
allow factories to locate anywhere in Thailand and still
be eligible for existing incentives. Critics cite the
original intent of the zoning laws, encouraging investors
to locate in less economically developed provinces,
and the environmental impact of allowing increased development
in areas with inadequate infrastructure as faults of
the new rules. The new rules would allow factories to
be build closer to raw materials or transportation centers.
Environmentally harmful businesses would not be allowed
to open anywhere in an effort to minimize the projected
environmental impact. |
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Foreign
Executives Guilty of Work Permit Offenses
11 September 2002 |
In
an unprecedented decision the Southern Bangkok District
Court found three foreign executives guilty of work
permit violations, ruling that they were performing
work outside of the scope of the duties set forth in
their work permits. In particular, the court ruled that
the three executives were not authorized to manage assets
of other firms. While the offences were considered by
the court as "petty", and the three employees
and their employer were fined 44,000 baht, the first
of its kind ruling has pricked the ears of firms with
foreign employees. Other advisory firms, like the one
in violation of the laws, are expected to review their
employees duties so as to avoid being in non-compliance
with the duties outlined in their work permits. |
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BOI Extends
Tax-Free Import Timeline
10 September
2002 |
Businesses
receiving promotional privileges from the Board of Investment
have been granted extensions for importing machinery
tax free. Businesses importing machinery will have an
additional 6 months to import machinery and an additional
6 months for beginning operations. As of October 1,
businesses will have 30 months from the date they were
granted privileges to import machines and 36 months
to start operations. Only large machinery valued at
over 500 million baht will be eligible for any further
extensions. |
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New Act
to Establish Rules for Retail
6 September 2002 |
Following
passage of the new Retail Act, both foreign and local
retail and wholesale businesses will need to get permission
prior to setting up their establishments. The law has
been proposed in the face of changes to the retail landscape
most notably from the introduction and proliferation
of large multi-national mega-stores. Local retailers
claim that foreign owned super-stores have exploited
legal loop-holes in order to unfairly capture a majority
of retail sales. They have pressured government to place
stricter controls on zoning and operating hours in particular.
Prospective retail operators in Bangkok would need a
license from a newly formed committee and operators
in outside provinces would need approval from provincial
committees. |
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Pollution
Control Disclosure Requested
27 August
2002 |
A
new rule passed by the Pollution Control Department
will require factories to disclose their monthly expenses
regarding their waste treatment facilities. The rule,
supported by the 1992 Environmental Act, hopes to reduce
the number of factories that do not operate their treatment
facilities. However, some industry officials claim that
disclosing their operating costs may affect their competitiveness. |
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Categories for Alien
Workers Reduced and Simplified |
In
an effort to more closely monitor the employment of
immigrant workers, the Labor and Social Welfare Ministry
is attempting to restructure the classification of alien
work permits. Recent abuses by women working in the
sex industry under one of the previous categories is
one example of reasons the changes are being instituted.
Furthermore, only those who registered themselves in
the past year as foreign laborers will be eligible to
reapply for renewed permits in the 6 new categories,
reduced from the previous number of 10. |
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E-Commerce
Entangled in Direct Sales and Marketing Business Law
26 August 2002 |
In
an apparent oversight regarding the language of the
law, The Direct Sales Business Law will require e-commerce
operators to register their businesses or face fines
up to 100,000 baht. Industry insiders have claimed that
if applied to Thailand's 100,000+ websites it could
set back the nations e-commerce development. For the
time being however, there has been no committee established
to oversee registration and therefore the Consumer Protection
Board can not effectively enforce the law. Intended
initially to protect consumers, the law, effective Aug
29, would prevent retailers from surreptitiously overcharging
consumers. While some aspects of the law would necessarily
apply to e-commerce websites, amendments to the law
are expected to specifically address how the law should
apply to these businesses. |
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New Licensing Rules
May Open the Door to Small Local Liquor Distillers |
New
rules regarding liquor licensing, if enacted, may waive
factory size and minimum daily production requirement
and could open the door for small, local liquor distillers.
Previous standards allowed a few large producers to
control the liquor production market. Authorities claim
that they support easing restrictions to promote smaller
business development but also state that there could
be difficulties enforcing standards and tax collection.
Another concern is how the new laws would affect liquor
consumption in Thai society. |
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VAT Increase
Delayed by Finance Ministry
25 August
2002 |
Despite
calls by the International Monetary Fund to raise the
VAT to 10% in order to reduce public debt, the Finance
Ministry has resolved to maintain the current 7% rate
for another year. A ministry spokesman explains that
holding the tax rate at its current level will reduce
the cost of living for consumers while the economy is
still in economic recovery. The rate had been reduced
from 10% to 7% last year in order to stimulate the economic
growth. The rate is now scheduled to be raised to 9%
on October 1, 2003. |
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Retirement
Ages Reclassified
22 August 2002 |
State
officials, who previously could choose to retire at
age 60, are now subject to new, more specific guidelines.
Amendments to the Pension Act will allow officials to
retire at 50, 55, 60, or 70 depending on their position
and nature of their responsibilities. Those with service
jobs, high risk occupations, and those with more than
25 years of employment would be eligible for the earliest
retirement ages. Additional pensions would be offered
as incentive to retire early. However, certain officials,
particularly specialists, would be eligible to stay
on after 60 years of age. |
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Anti-dumping
Steel Duties Upsets Local Steel Users
19
August 2002 |
Anti-dumping
measures imposed in July are adversely affecting local
steel users they complain. The measures, intended to
temporarily protect local steel manufacturers, are increasing
costs for manufacturers using steel. Industry and Commerce
ministry officials concede that manufacturers using
local steel have been forced to increase prices, but
maintain that the measures were necessary to provide
relief to the debt-ridden local steel manufacturers.
The ministries claim that while it is difficult to please
all parties, discussions are underway to develop a compromise. |
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Commercial
Registration Available Via Internet
15
August 2002 |
Applications
to the Commercial Registration Department for the registration of a juristic person may now be made via the internet.
Those wishing to register as juristic person
partnership, limited partnership, or limited company with a head office in Bangkok may submit an application
on www.thairegistration.com.
Correspondence
with the Registrar, regarding discrepancies in the application,
will be made via email. Once the Registrar agrees that
the application is complete and accurate an applicant
can print out the application for presentation to partners
and directors. Signed applications must then be submitted
to the Central Business Registration Section, Business
Registration Office of the Commercial Registration Department,
Nonthaburi in person or by post.
The
new procedures were enacted in January, 2002 in order
to provide greater convenience to those applying for
juristic person registration. Payment for an application
can likewise be submitted via internet banking service
or at the Commercial Registration Department when the
paper application is submitted. |
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