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Thailand
Legal News Updates:
Regulations
Outline Exemption of Tax on Goods Used as Raw Materials or Componentsin
Manufacturing of Goods.
13 August 2002 |
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Individuals
who are industrial operators or importers, who are considered
juristic persons under Thai law, and who have paid-up
registered capital within the parameters set forth by
the Director-General are eligible for applying for tax
exemptions.
Following
submission of an application for exemption on goods
to be used in the prescribed manner, the applicant must
place a security against the tax, notify an Excise Officer
prior to taking the goods into his possession, and be
given appropriate stamps and documentation from the
Excise Office official.
The
Act provides specific guidelines for variances in the
process of requesting approval, providing and receiving
documentation, and taking possession of these materials.
Additional information is detailed regarding the delivery
of oil and oil products.
Ministerial
regulations were enacted in accordance with Section
101 bis of the Excise Tax Act B.E. 2527 (1984), amended
by the Excise Tax Act (No.3) B.E. 2543 (2000).
In
a related issue, an effort to boost the competitiveness
of local industries has resulted in proposed import
tariff reductions on raw materials for specific business
sectors. Materials used in producing chemicals, plastics,
petrochemicals, and textiles would be eligible for the
duty reductions. According to a Foreign Ministry official,
the rates would be reduced to a flat 1% for raw materials
and 5% for semi-finished goods, down from 20-30% where
they currently range. |
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Shareholding Limits
Excised From Broadcasting Business Bill
31
July 2002 |
Shareholding
limits outlined in articles 20-23 of the Radio and Television
Business Bill have been removed from the legislation.
The limits, intended to prevent businessmen from infringing
on press freedom, have been deemed by the Council of
State as unlikely to provide such safeguards. A spokesman
for the council suggested that a self-regulatory body
be instituted and that regulations by the National Broadcasting
agency that include harsh penalties for violations would
be more effective deterrents. Industry officials and
free speech activists are at odds over the viability
of the methods to prevent individual groups or interests
from controlling TV or radio stations. |
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New Incentives
for Start-up Businesses
30 July
2002 |
The
Board of Investment is proposing an incentive package
to help foster economic development. The BOI recommends
that the government offer courses that teach business
strategy to university, vocational, and high school
students. They also propose a one-stop information center
for businesses to provide training, information, and
advice with legal matters. Finally, venture capitalists
should be encouraged to invest in new businesses and
corporate tax and import duties on machinery should
be waived they claim. |
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Simplified
Tax Rates for Autos Planned
29
July 2002 |
New,
simplified tax categories have been created for automotive
manufacturers. The new tax code will reduce the number
of categories from 10 to 4 in order to make the tax
rates for automobiles more straightforward for consumers.
The new categories will include passenger cars, pick-up
trucks, vans, and three-wheeled tuk-tuks. According
to a finance ministry spokesman, local auto manufacturers
will have a two year phase-in period to conform to new
excise tax regulations. The changes in the tax rates
are aimed at simplifying the system and providing manufacturers
with incentives to cater to market demands. |
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Bank Deposit Insurance
Agency Under Development
16 July 2002 |
Depositors
may soon have additional safeguards in the event of
bank failures if a new deposit insurance agency is organized.
According to the Fiscal Policy Office, the new agency
will specifically protect deposit accounts when deposits
are limited to an as of yet to be determined ceiling
of 500,000 to 1 million baht. The new agency's protection
of 80-90% of all deposit accounts would replace the
current protection provided by the Financial Institutions
Development Fund provided by the central bank. |
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Justice
Ministry Zeros-in On Economic Criminals
11 July 2002
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The
Justice Ministry is planning to develop a new organization
to strengthen enforcement of economic laws. According
to a justice ministry official, economists and capital
market experts will be employed to help capture and
prosecute white-collar criminals. Factors leading to
the need for new oversight include the limited number
of SEC approved auditors relative to the large number
of registered businesses, recent mishandling of high
profile cases, and the accounting scandals in the United
States such as Enron and WorldCom. |
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Trade Secrets Act
10 July 2002 |
In
an effort to protect businesses trade secrets, defined
as "trade information" which is not generally
known or accessible to other concerned parties, the
Trade Secrets Act became law in July of this year. The
law defines trade information as formulas, patterns,
compilations, programs, procedures, techniques, or processes
made in the manner of statements, stories, facts, or
any other methods. Assuming that this information is
commercially useful due to its secrecy and that steps
have been taken to ensure its confidentiality it will
be protected by the new act.
The
act stipulates that trade secrets are transferable through
written agreements and clearly outlines both the actions
that would result in infringement upon the rights of
another's trade secrets and those that would not be
considered infringement. Actions in violation include
disclosure or usage of trade secrets without permission,
breach of contract, and espionage. Those that would
be exempt from the act include independent discovery
and actions necessary for protecting the health or safety
of the public.
Enforcement of the act would allow the owner of a trade
secret to petition to the courts to stop infringement
and request compensation from the party in violation
of the act.
Businesses
that provide services based on conceptual ideas are
expected to benefit from the passage of the act. For
example, advertising agencies, who often present their
work to prospective clients, previously had no protection
for their ideas when showing them to product owners
who were not under contract. |
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Amendments
to Bankruptcy Code Proposed
8 July 2002 |
In
an effort to assist businesses struggling with debt,
amendments to the Bankruptcy Code have been proposed.
The changes are aimed at helping debt-ridden firms
avoid foreclosure actions by entering rehabilitation
while they are still solvent but unable to pay debt
due to limited liquidity. Other changes are aimed
at assisting small creditors by categorizing them
based on the seniority of their claims. Borrowers
would also benefit from ceilings on fees charged by
creditor-appointed plan administrators. Ultimately
the amendments are expected to give borrowers greater
flexibility in order to come out of bankruptcy more
quickly.
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US Farm
Subsidies Affect Local Growers
1
July 2002 |
The
new US Farm Bill, signed by President Bush in May, will
increase subsidies to American producers of rice, maize,
wheat, cotton, and barley; providing US$180 billion
in total over the next 10 years. While these subsidies
are within the legal outlines set forth by the WTO they
may have adverse affects on small farmers in developing
countries. Overproduction caused by subsidies in the
US, if mimicked by European countries could exacerbate
the problem. Developing countries, like Thailand, that
rely on exports of rice and other agricultural products
are expected negotiate with the US in the WTO or else
adapt to compete in other ways. |
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