泰国企业所得税合规指南：纳税人范围、申报流程与税前扣除要点

CorporateCorporate Income Tax Corporate Income Tax Corporate Income TaxPetroleum Income TaxIncome Tax Guide for Foreign CompanyTransfer PricingROHCountry by Country Report : CbCR Corporate Income Tax Corporate Income Tax (CIT) is a direct tax levied on a juristic company or partnership carrying on business in Thailand or not carrying on business in Thailand but deriving certain types of income from Thailand. 1. Taxable Person 1.1 A company or a juristic partnership incorporated under Thai law. (1) Limited company (2) public company limited (3) limited partnership (4) registered partnership 1.2 A company or a juristic partnership incorporated under foreign law 1.2.1 A company or juristic partnership incorporated under foreign laws and carrying on business in Thailand. 1.2.2 A company or juristic partnership incorporated under foreign laws and carrying on business in other places including Thailand. 1.2.3 A company or juristic partnership incorporated under foreign laws and carrying on business in other places including Thailand , in case of carriage of goods or carriage of passengers 1.2.4 A company or juristic partnership incorporated under foreign laws which has an employee, an agent or a go-between for carrying on business in Thailand and as a result receives income or profits in Thailand. 1.2.5 A company or juristic partnership incorporated under foreign laws and not carrying on business in Thailand but receiving assessable income under Section 40 (2)(3)(4)(5) or (6) which is paid from or in Thailand. 1.3 A business operating in a commercial or profitable manner by a foreign government, organization of a foreign government or any other juristic person established under a foreign law. 1.4 Joint venture 1.5 A foundation or association carrying on revenue generating business, but does not include the foundation or association as prescribed by the Minister in accordance with Section 47 (7) (b) under Revenue Code 2. File a Tax Return and Payment Thai and foreign companies carrying on business in Thailand are required to file their tax returns (Form CIT 50) within one hundred and fifty (150) days from the closing date of their accounting periods. Tax payment must be submitted together with the tax returns. Any company disposing funds representing profits out of Thailand is also required to pay tax on the sum so disposed within seven days from the disposal date (Form CIT 54). In addition to the annual tax payment, any company subject to CIT on net profits is also required to make tax prepayment (Form CIT 51). A company is obliged to estimate its annual net profit as well as its tax liability and pay half of the estimated tax amount within two months after the end of the first six months of its accounting period. The prepaid tax is creditable against its annual tax liability. As regards to income paid to foreign company not carrying on business in Thailand, the foreign company is subject to tax at a flat rate in which the payer shall withhold tax at source at the time of payment. The payer must file the return (Form CIT 54) and make the payment to the Revenue Department within seven days of the following month in which the payment is made. 3. Accounting period An accounting period shall be twelve months except in the following cases where it may be less than twelve months:a newly incorporated company or juristic partnership may elect to use the period from its incorporation date to any one date as the first accounting period.a company or juristic partnership may file a request to the Director-General to change the last day of an accounting period. In such a case, the Director-General shall have the power to grant approval as he deems appropriate. Such an order shall be notified to the company or juristic partnership who files the request within a reasonable period of time and in the case where the Director-General grants the permission, the company or juristic partnership shall comply to the accounting period as prescribed by the Director-General. 4. Tax Calculation In the calculation of CIT of a company carrying on business in Thailand, it is calculated from the company's net profit on the accrual basis. A company shall take into account all revenue arising from or in consequence of the business carried on in an accounting period and deducting therefrom all expenses in accordance with the condition prescribed by the Revenue Code. As for dividend income, one-half of the dividends received by Thai companies from any other Thai companies may be excluded from the taxable income. However, the full amount may be excluded from taxable income if the recipient is a company listed in the Stock Exchange of Thailand or the recipient owns at least 25% of the distributing company's capital interest, provided that the distributing company does not own a direct or indirect capital interest in the recipient company. The exclusion of dividends is applied only if the shares are acquired not less than 3 months before receiving the dividends and are not disposed of within 3 months after receiving the dividends.In calculating CIT, deductible expenses are as follows:Ordinary and necessary expenses. However, the deductible amount of the following expenses is allowed at a special rate: 200% deduction of Research and Development expense,200% deduction of job training expense,200% deduction of expenditure on the provision of equipment for the disabled;Interest, except interest on capital reserves or funds of the company;Taxes, except for Corporate Income Tax and Value Added Tax paid to the Thai government;Net losses carried forward from the last five accounting periods;Bad debts;Wear and tear;Donations of up to 2% of net profits;Provident fund contributions;Entertainment expenses up to 0.3% of gross receipt but not exceeding 10 million baht;Further tax deduction for donations made to public education institutions, and also for any expenses used for the maintenance of public parks, public playgrounds, and/or sports grounds;Depreciation: Provided that in no case shall the deduction exceed the following percentage of cost as shown below. However, if a company adopts an accounting method, which the depreciation rates vary from year to year, the company is allowed to do so provided that the number of years over which an asset depreciated shall not be less than 100 divided by the percentage prescribed below.Types of AssetsDepreciation Rates1. Building 1.1 Durable building5 % 1.2 Temporary building100 %2. Cost of acquisition of depleted natural resources5 %3. Cost of acquisition of lease rights 3.1 no written lease agreement10 % 3.2 written lease agreement containing no renewal clause or containing renewal clause but with a definite duration of renewal periods100% divided by the original and renewable lease periods4. Cost of acquisition of the right in a process, formula, goodwill, trademark, business license, patent, copyright or any other rights: 4.1 unlimited period of use10 % 4.2 limited period of use100% divided by number of years used5. Other depreciation except land and goods20 % 5.1 machinery used in R&Dinitial allowance of 40% on the date of acquisition and the residual can be depreciated at the rate in 5 5.2 cash registering machineinitial allowance of 40% on the date of acquisition and the residual can be depreciated at the rate in 5 5.3 passenger car or bus with no more than 10 passengers capacitydepreciated at the rate in 5 but the depreciable valve is limited to one million baht6. Computer and accessories 6.1 SMEs*initial allowance of 40% on the date of acquisition and the residual can be depreciated over 3 years 6.2 other businessdepreciated over 3 years7. Computer programs 7.1 SMEs*initial allowance of 40% on the date of acquisition and the residual can be depreciated over 3 years 7.2 other businessdepreciated over 3 years* SMEs refer to any Thai companies with fixed assets less than 200 million baht and number of employee not exceeding 200 people 12. The following item