Legal Services & Resources
Up to date legal information pertaining to Thai, American, & International Law.
Contact us: +66 2-266 3698
Amity, BOI, or EEC Certification for a Thai Company?
Transcript of the above video:
As the title of this video suggests, we are discussing what type of certification one should get for their business here in Thailand. And to be clear, we are talking about three different things.
There is the US-Thai Treaty of Amity. That is only going to be available to Americans and American businesses, as we've discussed in other videos, notwithstanding the provisions of the Thai Foreign Business Act which precludes foreigners from doing business in Thailand without, in most cases, setting up some kind of 51/49 percentage setup type of corporation basically under the Foreign Business Act. Most type of activities are going to require you set up under that unless you get what's called a Foreign Business License under the auspices of the Act which as a practical matter, is not the easiest thing to be done.
So that leads us to other options. What other options can one pursue for a foreigner, especially a foreigner looking to own and run a business here in Thailand. As previously discussed, if you're an American you can utilize the Amity Treaty. Meanwhile, the Board of Investment or BOI, can offer certain concessions again including foreign ownership of a Thai Company, a Foreign Business Certificate can be issued by the BOI depending on whether or not a given company’s business activities or proposed business activities fall within the bailiwick of BOI's sort of preferred or promoted types of business activity. Then on top of that, we have got the Eastern Economic Corridor which we have discussed at length in many other videos, and it is getting increasingly popular amongst foreigners looking to do business in Thailand. I've noticed it has kind of been a bit of a Trojan Horse if you will insofar as it has been kind of quiet, but we happen to know - through clients and other folks that we have contact with - that in fact the EEC is having quite a little bustling business of bringing in businesses to Thailand. So EEC, similar to the BOI, can grant concessions including foreign ownership concessions as well as Work Permit concessions, even certain tax concessions for corporate income here in Thailand can gained under the BOI as well as the EEC. Again, the Treaty of Amity is primarily useful for matters pertaining to ownership, specifically American ownership of American business interests here in Thailand. But that said, as I have discussed in other videos there may even be positive tax implications for Americans looking to do business under The Amity Treaty especially as it pertains to the IRS back in the United States.
That stated though, it is important to point out that there are multiple different ways of gaining foreign business concessions here in the Kingdom of Thailand.