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ResourcesCorporate and Tax AdvisoryThailand Tax LawSpecific Tax Considerations for Thai-American Amity Treaty Companies?

Specific Tax Considerations for Thai-American Amity Treaty Companies?

Transcript of the above video: 

As the title of this video suggests, we are discussing Amity Treaty certification on a Thai corporation. For those who are unaware, American businesses and Americans individually, are able to do business in Thailand notwithstanding the provisions of the Foreign Business Act which will oftentimes require a 49/51 foreign to Thai shareholder setup or some sort of very cumbersome extra type of licensing documentation associated with such a business. It is possible for American businesses and American individuals to do business notwithstanding these requirements by use of what is called the US-Thai Treaty of Amity. 

The Amity Treaty here in Thailand goes back about 190 years, the latest iteration being ratified in 1966 and currently the provisions of that Treaty between Thailand and the United States grant American businesses "national treatment" here in Thailand i.e. they will be treated as if they were a Thai company. 

Now something else to get into with regard to this, there's a lot of talk here recently about tax matters pertaining to Thailand and how possibly Thailand's tax laws may change. As we have discussed in other videos, they have not actually changed. There was a change to an intra-departmental memo regarding assessability and timing of monies remitted into Thailand but the tax laws in Thailand have remained unchanged for some time now. 

Now the thing to take away from this video as we have discussed in other videos, again the Amity Treaty itself by dint of the fact that a company is created or organized pursuant to the terms of the Treaty, it's looked upon in a different light if you will by tax authorities in the United States. I have discussed this at length; I've written briefs on this in the past, so I urge those who are watching this video go check out the links in the description below, do some further research or contact us because again, how these different sort of nuances with regard to both the tax code and the Treaty of Amity interact with regards to one’s personal tax liability in conjunction with doing business in Thailand, again it's going to vary depending on the specific facts in the underlying case. So again not a terrible idea to contact a legal professional who is very attuned to matters pertaining to both tax law and the Treaty itself as it may not be imprudent to want to talk to somebody, gain some insight and guidance into how best to proceed.