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ResourcesCorporate and Tax AdvisoryThailand Corporate LawAny Special Banking Considerations for Thai Amity Treaty Companies?

Any Special Banking Considerations for Thai Amity Treaty Companies?

Transcript of the above video: 

As the title of this video suggests, we are discussing, 'are there specific and special considerations that need to be made with regard to banking for Amity Treaty Companies here in Thailand.' 

First of all it's worth noting, Americans, notwithstanding the provisions of the Foreign Business Act here in Thailand, Americans can do business with "national treatment", pursuant to the provisions of the US-Thai Treaty of Amity meaning companies that come over here to Thailand, can do business in much the same way a Thai company can, so long as they are certified under the Amity Treaty. Also, American individuals can come over here and set up companies in Thailand that can be majority owned by a foreigner - in this case an American - notwithstanding again, the provisions of the Foreign Business Act, that can be owned by an American because again Americans are given "national treatment" when doing business here in Thailand. So that means you can set up a company that you can own 100% under the Amity Treaty, and you can maintain your own Work Permit and Business Visa via that vehicle and do business here in Thailand. It is very useful. 

As I have discussed in other videos, there are also special considerations to keep in mind with regard to Amity certified corporations insofar as how they interact with American tax law, that being the fact that they are non-resident domestic corporations of the United States and that specific status - anomalous as it is - creates certain benefits to those who are maintaining an Amity Treaty Certified Company and operating and doing business under such a rubric. 

I have discussed this at length in many other videos; I'll go ahead and put a link in the description below to a rather exhaustive brief I did on this topic. But long story short, there could be tax advantages in an American context for Amity Treaty certified companies which brings us to the issue of banking. Are there specific considerations that you have to keep in mind? Well bear in mind FATCA does pertain to American individuals abroad. Now again the sort of special nature of American Amity companies is a separate issue, but strictly speaking being a signator on a Bank Account of an Amity Company would require certain disclosures back to the United States, especially things like FBAR disclosures etc. pertaining to an offshore Bank Account. 

That said those are sort of special considerations in a sense because Americans exclusively have to deal with these issues. That being said, as far as like the practicalities of setting up a bank account here in Thailand for an Amity company, dealing with the bank itself is going to be no different in terms of dealing with them for an Amity Company versus a standard Thai Corporation. But again as discussed previously, and again I'll put a link in the description below, there are specific considerations and possible benefits in a tax sense to having an Amity certified, when I say 'a tax sense', an American tax sense, to having an Amity Certified company here in the Kingdom of Thailand.