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 […]

Pros and Cons of a Representative Office in Thailand

This article shall briefly set out the various pro and con points relating to setting up a new representative office in Thailand from various perspectives including ongoing legal compliance, tax and visa/ work permit considerations. Registration & Management Considerations Pro Con A representative office is relatively easy to re-register at the Department of Business Development (DBD) as fewer documents are required when compared to the registration of a company limited or a branch office. It will however need to lodge copies of the parent company’s certificate of incorporation, memorandum and articles of association (or other equivalent documents) and a power of attorney for the representative office manager. It is worth noting that the DBD may request other documentation as part of the registration process. Limited scope of activities which a representative office can carry out, these include: 1.    Sourcing of […]

Pros and Cons of a Branch Office in Thailand

This article shall briefly set out the various pro and con points relating to setting up a new branch office in Thailand from various perspectives including ongoing legal compliance, tax and visa/ work permit considerations. Registration & Management Considerations Pro Con A branch office is relatively easy to re-register at the Department of Business Development (DBD) as fewer documents are required when compared to the registration of a company limited. It will however need to lodge copies of the parent company’s certificate of incorporation, memorandum and articles of association (or other equivalent documents) and a power of attorney for the branch office manager. It is worth noting that the DBD may request other documentation as part of the registration process. Permitted business objectives of a branch office cannot exceed those of the overseas parent company (as stated in the parent […]

Pros and Cons of a Company Limited in Thailand

This article shall briefly set out the various pro and con points relating to setting up a new company limited in Thailand from various perspectives including Foreign Business Act, management and visa/ work permit considerations. Registration & Management Considerations Pro Con A new company limited is a separate legal entity from a parent company or other companies in a corporate group, hence it can better limit liability when compared to a branch office or representative office.   Shareholder liability is limited to the unpaid portion of their respective shares (if any). Closing a company limited is usually more time consuming and complicated when compared to closing a branch or representative office given that a company requires dissolution and liquidation. If the company holds licenses/ permits they shall also need to be cancelled as part of the process. Share capital requirements […]