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ResourcesCorporate and Tax AdvisoryUS Tax LawAmerican Tax "Concessions" for Thai-American Amity Treaty Companies?

American Tax "Concessions" for Thai-American Amity Treaty Companies?

Transcript of the above video: 

As the title of this video suggests, we are discussing taxes or possible tax benefits or concessions which may accrue to one who is doing business utilizing a company here in Thailand which is certified pursuant to the US-Thai Treaty of Amity. 

The US-Thai Treaty of Amity is a bilateral Treaty which is the latest iteration in a long set of Treaties between the United States and Thailand going back some 190 years. The present iteration was ratified in 1966 and one of the biggest benefits is it grants "national treatment" to Americans looking to do business in Thailand i.e. they are treated as if they are Thais for purposes of doing business in Thailand. This is a huge benefit insofar as notwithstanding the provisions of the Foreign Business Act which restricts certain foreign business, if you gain national treatment via the Treaty you are treated as if the company were Thai. That's a very big deal. 

Now meanwhile, are their tax concessions, specifically tax concessions with regard to American Tax authorities? I don't think concession is the right word, but that said the legal status of an American Amity Treaty company is very anomalous in terms of virtually all American jurisprudence. Under the terms of this thing, in my opinion, these companies are domestic non-resident corporations of the United States and therefore they are treated very, very differently from other types of businesses and business entities especially under the terms of so-called Trump Tax and how it deals with what are called Controlled Foreign Corporations. As I have discussed in many other videos, again I don't view these companies as foreign because they are by definition domestic by dint of the fact that they are organized under US Law and that the US Law was incorporated into US Law pursuant to Treaty and ratification and article 6 of the Constitution declaring it the Law of the Land of the United States. There are many ramifications for that, I'm not going to drill deep into the possible benefits in terms of possible tax efficiency or just a better posture in terms of possible tax assessability or liability. But that being said, it is substantial and it's something that anybody, especially any American, who is looking at doing business in Thailand should seriously consider, is looking at the benefits of the US-Thai Treaty of Amity.