Integrity Legal - Law Firm in Bangkok | Bangkok Lawyer | Legal Services Thailand Back to
Integrity Legal

Legal Services & Resources 

Up to date legal information pertaining to Thai, American, & International Law.

Contact us: +66 2-266 3698

info@integrity-legal.com

ResourcesCorporate and Tax AdvisoryThailand Tax LawThai Companies, Tax, And The US-Thai Treaty Of Amity?

Thai Companies, Tax, And The US-Thai Treaty Of Amity?

Transcript of the above video:

Tax in Thailand has been a topic of much discussion here the past couple of months as we are seeing Thailand's Tax regulations evolve going into 2024. We're also seeing, there's a lot of talk around the world, all these different countries are sort of getting together and it is almost sort of like a cartel, it's almost like a tax cartel. All these countries are getting together and sort of agreeing that they are going to set minimum tax standards. Like with most cartels, it will probably come to naught, but for now we have to sort of deal with it and that being said, Tax Law in general is really complex and it can be very nettlesome. 

The reason for the video though is as I discussed in a prior video I made contemporaneously with this one, we discussed the fact that Thai Companies may be optimal for those who are looking to be extremely tax efficient here in Thailand. As I have discussed in other videos, the US-Thai Treaty of Amity, now this specifically applies to Americans looking to do business here in Thailand, the US-Thai Treaty of Amity is unique insofar as its interaction with the American Tax Code. I have done other videos on this; I have done a lot of deep diving into this in the past and I think moving forward this uniqueness will become that much more acute. So Americans, especially those younger folks out there or business people - again retirees, this may not really be a video for you - but folks are looking to come out to Southeast Asia and do some business, folks that are looking to set up a business in Thailand or Southeast Asia generally, especially those who are American, you should probably have a look at Thailand and specifically have a look at the US-Thai Treaty of Amity because there aren't simply just the benefits associated with what we call "national treatment" wherein an American Company is treated the same as a Thai Company for purposes of ownership within the provisions of the Foreign Business Act, which under those provisions it stipulates that foreigners under most circumstances cannot own the majority of a Thai Company, or if they do they need special certification, the nice thing about national treatment under the Treaty is if all certification is formalized correctly, it is possible for Americans to own their businesses 100% here in this country and do business accordingly. 

That said, as I have discussed in other videos, there may be tax advantages as well to Amity Treaty Certification. Now again, as we have discussed in other videos, I know this kind of rankles some who watch these videos, but look I can't give a one size fits-all answer; I like to talk broadly when I am making these videos. Each one of these cases, especially in a tax context, is going to operate based on the underlying circumstances in that given case. So with that in mind, for those who are interested in these topics, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.