Offering Sound Guidance For BOI – Thailand | OUTLOOK June 2021
SUMMARY OF BOI THAILAND INVESTMENT PROMOTION 2021
Thinking of doing business in Thailand? Are you aware of The Office of The Board of Investment (BOI), a government agency established to promote investment into Thailand and “from Thailand to overseas”?
Why BOI?
The BOI promotes various incentives, both TAX and NON-TAX based, to attract investment into Thailand. While certain criteria have to be fulfilled to qualify for such incentives, MBMG Group has helped dozens of businesses achieve these criteria and be able to benefit from the incentives throughout the last 25 years.
BOI promotion can apply to any eligible project or business activity (not just a standard company or corporate entity) within the following business sectors:
THE INCENTIVES TARGET DIFFERENT BUSINESS SECTORS OF ALL SIZES AND SCALE, WITH VARYING ACCESS TO INVESTMENT OPERATING IN A RANGE OF LOCATIONS.HOWEVER, THE FOLLOWING PAGES PROVIDE AN OVERVIEW OF MAIN TAX AND NON-TAX INCENTIVES TYPICALLY AVAILABLE UNDER BOI PROMOTION
BOI INCENTIVES ACCORDING TO BUSINESS ACTIVITIES AND OTHER CRITERIA
The BOI classifies 2 main categories of incentive for business wishing to invest in Thailand:
- Activity based incentives
- Merit based incentives.
ACTIVITY BASED INCENTIVES FALL INTO TWO (2) GROUP TYPES
GROUP A
A1 – Knowledge-based activities focusing on R&D and design such as manufacture of unmanned military systems or drone aircraft for national defence.
A2 – High tech manufacturing such as vehicle parts including electronic fuel injection system, automotive transmission, or EV technology.
A3 – Highly automated manufacturing or production processes that range from motorcycle engines and components tour biological fertilizer.
A4 – Activities with lower degrees of automation or technology than A1-A3 but which add demonstrable value to domestic deployment of resources, or which strengthen the supply chain.
GROUP B
B1 – Supporting Industry which makes no use of high technology but is nonetheless important to value chain.
B2 – Supporting Industry which makes no use of high technology but is nonetheless important to value chain.
The focus on Technology and Innovation Development, which is listed as one of the eight eligible business categories is further sub-divided into targeted core technology (including Biotechnology, Nanotechnology and advanced material technologies), and digital technology.
Note that while these incentives are generally available to the respective businesses that achieve BOI promotion within the given criteria, these can be amended on a case-by-case basis, in line with the specific approval given to any business by the BOI.
Moreover, BOI also offers further incentives (known as ‘Merit-Based Incentives’) for business activities that enhance competitiveness.
MERIT BASED INCENTIVES
‘Merit’ based incentives are additional incentives granted to stimulate foreign investment and spending on activities that are intended to benefit Thailand’s economic, industrial, or technological development. These fall into 3 main sub-categories.
Enhancing Competitiveness
In the case of investing or having expenses as follows:
Incentives are granted in relation to the following areas of expenditure:
- Research, technology Development and Innovation
- Donations to technology and human resource development funds, education institutes, specialize training centers, R&D institutes, or governmental agencies in the S&T field in Thailand as approved by the BOI. IP acquisition/licensing fees commercializing technology developed in Thailand.
- Advanced technology training.
- Development of local suppliers with at least 51% Thai shareholding in advanced technology training and technical assistance.
- Product and packing design: In-house or outsourced in Thailand, as approved by the BOI.
Promoted Regions
Incentives are granted for businesses setting up in the following locations:
- The Eastern Economic Corridor Office of Thailand (EEC)
- Special Economic Zones (SEZ)
- Border provinces in Southern Thailand and City Models
- Industrial Estate Parks
- 20 provinces with lowest per capita income
- Science and Technology zones e.g., Science Park, Food Innovation City Etc.
Specific Factors
Incentives are granted to businesses that would satisfy certain specific aims, such as Small and Medium-sized Enterprises (SMEs) seeking to undergo a public listing on either the main board of the Stock Exchange of Thailand (SET) or the SET’s market for Alternative Investments (MAI). They can also apply to projects that are designed to enhance industrial processes such as heightened production efficiency.
Although MBMG Group has undertaken BOI consulting on behalf of Multi-National Corporations (MNCs), most of our work with the BOI has focused on incentives for SMEs, intended to develop their capabilities, achieve sustainable growth, and gain access to funding in order to compete in international markets.
PROMOTION INVESTMENT FOR SMES
Qualifications | Specific Rights & Benefits |
Business Activities in Group A and B1. Thai shareholders not less than 51%. Minimum capital not less than THB 500,000 (excluding cost of land and working capital). D/E ratio must not exceed 4 to 1. Allowing to import used machinery with the value not over THB 10,000,000. Investment in new machinery not less than 50% of value of all machinery that using in the project. Total revenue of BOI and Non-BOI must not over THB 500,000,000 in the first three years from the date of first invoice of BOI. | Import duties exemption or tax break for importing machine. CIT Exemption for Group A at the rate of 200% of investment (excluding cost of land and working capital). |
Merit-Based Incentive for SMEs
Merit-based incentives to enhance competitiveness will grant projects an additional Corporate Income Tax exemption of up to 300% of the investment for a period up to three years. This includes research and development, technology, and innovation (in-house, jointly with organizations overseas, or outsourced to Thailand); technology training; and the development of proprietary technology or packaging products and designs.
Merit-based incentives for decentralization are open to projects located in one of the 20 provinces with the lowest per capital income. Eligible projects may receive three additional years of corporate income tax exemption, provided that the total duration of the exemption does not exceed eight years. Projects in categories A1 and A2, which already receive corporate income tax exemptions for eight years, will instead receive a 50% reduction of corporate income tax on the promoted project after the end of the exemption period.
Projects located in industrial estates or promoted industrial zones may avail themselves of merit-based incentives for industrial area development. Eligible projects will receive an additional year of corporate income tax exemption, provided that the total period of exemption does not exceed eight years.
Finally, projects located in special economic zones (SEZs) may enjoy an additional corporate income tax exemption equal to 200% of the investment (excluding the cost of land and working capital).
At MBMG GROUP, our team can support your applications to apply
for business under the BOI Thailand promotion in every sector.
WE CAN PROVIDE YOU WITH ALL THE DETAILS RELATED TO THE BENEFITS OF THE BOI THAILAND PROMOTION AND ANY AND ALL TAX INCENTIVES OR NON-TAX INCENTIVES IT HAS TO OFFER, SO PLEASE DO NOT HESITATE TO CONTACT US
Note
Criteria of Project Approval
1. In order to develop competitiveness in the agricultural, industrial and service sectors:
1.1. The value-added of the project must not be less than 20% of revenues, except for the projects in agriculture and agricultural products, electronic products and parts, and coil centers, all of which must have value-added of at least 10% of revenues.
1.2. Using modern production processes.
1.3. Using new machinery.
1.4. Any project that has an investment capital of THB 10,000,000 or more (excluding cost of land and working capital) must obtain ISO 9000 or ISO 14000 certification or similar international standard certification within 2 years from the full operation commencement date, otherwise the CIT Exemption shall be reduced by one year.
2. Environmental Protection
2.1. The adequate and efficient guidelines and measurements to protect environmental quality and to reduce environmental impact must be installed. BOI will give special consideration to the location and pollution treatment of a project with potential environmental impact.
2.2. Any project which required to submit environmental impact assessment reports must comply with related environmental laws and regulations or Cabinet resolutions
2.3. Any project which located in Rayong must comply with the Announcement of the Office of the Board of Investment No. Por 1/2554 dated May 2, 2011, on Industrial Promotion Policy in Rayong Province.
3. Minimum Capital Investment and Project Feasibility
3.1. The minimum capital investment requirement of each project is THB 1,000,000 (excluding cost of land and working capital) unless specified otherwise by BOI. For knowledge-based services, the minimum capital investment requirement is based on the minimum annual salaries expense specified by BOI.
3.2. For a new project, the D/E ratio must not exceed 3 to 1. For an expansion project shall be considered on a case-by-case basis.
3.3. For any project with an investment value over THB 750,000,000 (excluding cost of land and working capital) the project’s feasibility study must be submitted with details as specified by BOI.
Criteria of Foreign Shareholders
- For any business activities under List One (www.dbd.go.th/dbdweb_en/download/article/article_20131219100443.pdf) annexed to the Foreign Business Act, Thai nationals must hold shares totaling not less than 51% of the registered capital.
- No foreign shareholding restriction for any business activities under List Two and List Three of the annex of the Foreign Business Act. (www.dbd.go.th/dbdweb_en/download/article/article_20131219100443.pdf)
- BOI may set foreign shareholding limits for certain business activities eligible for investment promotion as deemed appropriate.
Investment in Special Economic Zones (submit application within 2022)
Investment in Border Provinces in Southern Thailand (for applications submitted before 31st December 2022)
Investment in EEC (submit application within 2021)
What Our Client’s say
“MBMG was hired mainly to consult with us on the BOI application process in face they managed the whole process from start to finish collecting from us all the massive amount of necessary information needed and processing it into a sensible application in which they were persistent and successful.
Today we are a BOI promoted company. I was impressed and it’s hard to impress me! Do I need to say more?”
Juha Aaltonen
“Asia’s foremost advisory practice”
The Nation
Please Note: While every effort has been made to ensure that the information contained herein is correct, MBMG Group cannot be held responsible for any errors that may occur. The views of the contributors may not necessarily reflect the house view of MBMG Group. Views and opinions expressed herein may change with market conditions and should not be used in isolation.