Tax Judgment EP8 Dividend

Posted on 19 May 202211 Oct 2022 by กองบรรณาธิการ

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

Posted on 17 Mar 202021 Mar 2020 by กองบรรณาธิการ

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 […]

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Author: กองบรรณาธิการ

Tax Judgment EP8 Dividend

Prenuptial Agreements in Thailand & Key Points to Consider

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