Tax Newsletter FEBRUARY 2023

Tax Newsletter Dharmniti Law Office Co., Ltd.   Issue No. 139, in February 2023 Tax Law Updates The criteria, procedures, and conditions regarding the exemption of assessable income used for the purchase of goods or services; The calculation of foreign currency into Thai Baht in 2022; Electronic channel for contacting the Revenue Department B.E. 2566; The standard of the form, the method of sending, the keeping of written evidence, and information security for operations relating to electronic processes; Additional specifications on tax invoices under Section 86/4 (8) of Thai Revenue Code; Additional specifications on debit notes under Section 86/9 (7) of Thai Revenue Code; Additional specifications on credit notes under Section 86/10 (7) of Thai Revenue Code; The criteria, procedures, and conditions regarding the exemption of assessable income for community enterprises; Additional specifications for input tax which shall not be […]

Tax Newsletter JANUARY 2023

Tax Newsletter Dharmniti Law Office Co., Ltd.   Issue No. 138, in January 2023   Tax Law Updates      1. The criteria, procedures, and conditions regarding the exemption of assessable income paid for domestic training and seminars, and tourist areas for the domestic training and seminars in addition to secondary tourism provinces;      2. The criteria, procedures, and conditions regarding the exemption of assessable income paid for space rental or service fees for participating in trade fairs, exhibitions, or trade shows in Thailand;      3. Additional specifications regarding the location for receiving tax refunds and processing tax payments in accordance with the Thai Revenue Code;      4. The criteria, procedures, and conditions regarding the exemption for businesses of social enterprises and persons supporting the business activities of social enterprises;      5. Tax measures in the year 2023 “Shop Dee Mee Kuen”. Tax News Updates      1. […]

Tax Judgment EP9 Stamp Duty(Hire-of-work)

Q: Is a hire-of-work document, which is signed and states the employer’s and contractor’s address, subject to stamp duty? A: A document setting out hire of work details, including the names of the employer and contractor, the date, reference number of the document, code, item, amount, price per unit, and total price, with or without the signatures, and which requires the employer’s order each time, Shall not be deemed as meeting the required characteristics of a hire-of-work agreement. Instead, it is only evidence of the juristic act in accordance with Section 587 of Civil and Commercial Code which prescribes that “the hire of work is a contract whereby a person, called contractor, agrees to accomplish a definite work for another person, called employer, who agrees to pay him a remuneration of the result of the work. Thus, such document shall […]

Tax Judgment EP8 Dividend

Q : Is the money derived from the dissolution of a limited partnership that the partner received deemed as a dividend or share of profits and is the partner entitled to claim it as a tax credit? A : No, such money is not deemed as a dividend or share of profits that can be claimed as a tax credit in accordance with Section 40 (4) (b) of the Thai Revenue Code (“TRC”), in conjunction with Section 47 Bis of the TRC. Instead, only the portion that exceeds the capital deemed as a benefit that the partner received in accordance with Section 40 (4) (f) of the TRC. Supreme Court Judgment No. 13935/2555 The TRC does not prescribe a specific definition of dividend and share of profits, hence its definition shall be determined based on Section 1084 of the Civil […]

Prenuptial Agreements in Thailand & Key Points to Consider

In Thailand a “prenuptial agreement” is known as a “premarital agreement”, it is a written contract agreed by the spouses before registering their marriage at the District Office, it basically aims to clarify each spouses’ personal property upon entering the marriage (under Thai law personal property is referred to as ‘sin suan tua’) and to specify each spouses’ property rights after their marriage is registered. Legal Requirements for a Premarital Agreement Public Order or Good Morals Section 150 of the Thai Civil and Commercial Code provides the principle of “public order or good morals”, and such principle is applied with a prenuptial agreement. To be legally enforceable in Thailand, a prenuptial agreement must not be contrary to public order or good morals. Additionally, such principle is supported by rulings of the Thai Courts which have struck down various clauses in […]