Thailand Regional Office Tax Structure for Foreign Corporations
Thailand Regional Offices for foreign corporations are established under the laws of the Office of the Prime Minister permitting regional office activities in Thailand by multinational and international corporations.
The legal status of these Regional Offices is the same as the corporate legal status of the multinational or international corporation that forms the Regional Office, i.e. it's a branch of the multinational or international corporation.
But whereas a branch in Thailand is subject to tax in Thailand as a profit-seeking entity, Regional Offices of foreign corporations established under the rules of the Office of the Prime Minister are afforded treatment as non-profit-seeking entities in Thailand (provided of course, all of the rules, procedures and conditions are complied with).
Permitted Activities
The following regional activities of multinational or international corporations but on a non-commercial basis only:
Co-ordination and supervision;
Consultation and management;
Personnel training and development;
Financial management;
Marketing and sales promotion management;
Product development; and
Research and development activities.
Thailand Tax Treatment
Provided the Regional Office carries out the permitted regional activities only on a non-commercial basis without any commercial services being entered into, the tax treatment is as follows:
Corporate Income Tax
Exemption from corporate income tax
Profits Remittance Tax
Exemption from profits remittance tax
Specific Business Tax
Exemption from specific business tax
Value Added Tax
Exemption from value added tax
But because a Regional Office is a payer of assessable income and a person liable to stamp duty tax, it is required to comply with the obligations under the Revenue Code, as follows:
Domestic Withholding Tax
Withholding tax on payments of income to recipients in Thailand
International Withholding Tax
Withholding tax on payments of income to recipients in foreign countries
Personal Withholding Tax
Personal withholding tax on payments of income to employees of the regional office
Stamp Duty Tax
Stamp duty tax on instruments
Caution
If a Regional Office does not maintain compliance with all of the rules, procedures and conditions for its activities, the tax audit officers will subject it to all the usual taxes for corporate entity branches in Thailand plus penalty and surcharge.
Our Tax Insights and Updates are general information publications focusing on the laws for meeting tax compliance obligations, and tax rights and entitlements under the laws.