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Tax Structure in Thailand




 Personal Income Tax (PIT) is a direct tax levied on income of a person. A person means an individual,
 an ordinary partnership, a non-juristic body of person, a deceased person and an undivided estate. In
 general, a person liable to PIT has to compute his tax liability, file tax return and pay tax, if any,
 accordingly on a calendar year basis.



 1. Taxable Person

 Taxpayers are classified into "resident" and "non-resident". "Resident" means any person residing in
 Thailand for a period or periods aggregating more than 180 days in any tax (calendar) year. A resident
 of Thailand is liable to pay tax on income from sources in Thailand on a cash basis, regardless where
 the money is paid, as well as on the portion of income from foreign sources that is brought into
 Thailand. A non-resident is, however, subject to tax only on income from sources in Thailand.



 2. TAX BASE

 2.1 Assessable Income

 Income chargeable to the PIT is called "assessable income". The term covers income both in cash and
 in kind. Therefore, any benefits provided by an employer or other persons, such as a rent-free house
 or the amount of tax paid by the employer on behalf of the employee, are also treated as assessable
 income of the employee for the purpose of PIT.

Assessable income is divided into 8 categories as follows:

(1) income from personal services rendered to employers;

(2) income by virtue of jobs, positions or services rendered;

(3) income from goodwill, copyright, franchise, other rights, annuity or income in the nature of annual
payments derived from a will or any other juristic Act or judgment of the Court;

(4) income in the nature of dividends, interest on deposits with banks in Thailand, shares of profits or
other benefits from a juristic company, juristic partnership, or mutual fund, payments received as a result
of the reduction of capital, a bonus, an increased capital holdings, gains from amalgamation, acquisition
or dissolution of juristic companies or partnerships, and gains from transferring of shares or partnership
holdings;
(5) income from letting out of property on hire and from breaches of installment sales or hire-purchase
contracts;

(6) income from liberal professions;

(7) income from construction and other contracts of work;

(8) income from business, commerce, agriculture, industry, transport or any other activity not specified
earlier.



2.2 Deductions and Allowances

Certain deductions and allowances are allowed in the calculation of the taxable income. Taxpayers shall
make deductions from assessable income before the allowances are granted. Therefore, taxable income
is calculated by:



                    TAXABLE INCOME = assessable income - deductions - allowances



             Deductions allowed for the calculation of PIT


Type of Income                                                       Deduction


Income from employment                                               40% but not exceeding 60,000 Baht


Income received from copyright                                       40% but not exceeding 60,000 Baht


Income from letting out of property on hire:


 - Building and wharves                                              30%


 - Agricultural land                                                 20%


 - All other types of land                                           15%


 - Vehicles                                                          30%


 - Any other type of property                                        10%


Income from liberal professions                                      30% except for the medical
                                                                     profession where 60% is allowed
Income derived from contract of work whereby the contractor          actual expense or 70%
provides essential materials besides tools


Income derived from business,commerce, agriculture, industry,        actual expense or 65-85% depending
transport, or any other activities not specified earlier             on the types of income



            Allowances (Exemptions) allowed for the calculation of PIT


                     Types of Allowances                                        Amount


Personal allowance


  - Single taxpayer                                             30,000 Baht for the taxpayer


  - Undivided estate                                            30,000 Baht for the taxpayer's spouse


  - Non-juristic partnership or body of persons                 30,000 Baht for each partner but not
                                                                exceeding 60,000 Baht in total


Spouse allowance                                                30,000 Baht


Child allowance (child under 25 years of age and studying at 15,000 Baht each (limited to three
educational institution, or a minor, or an adjusted incompetent children)
or quasi-incompetent person)


Education (additional allowance for child studying in           2,000 Baht each child
educational institution in Thailand)


Life insurance premium paid by taxpayer or spouse               Amount actually paid but not exceeding
                                                                50,000 Baht each
Approved provident fund contributions paid by taxpayer
or spouse                                                       Amount actually paid but not exceeding
                                                                10,000 Baht each


Home mortgage interest                                          Amount actually paid but not exceeding
50,000 Baht
Social insurance contributions paid by taxpayer or spouse
                                                                 Amount actually paid each
Charitable contributions


                                                                 Amount actually donated but not
                                                                 exceeding 10% of income after standard
                                                                 deductions and allowances



2.3 Tax Credit for Dividends

Any taxpayer who domiciles in Thailand and receives dividends from a juristic company or partnership
incorporated in Thailand is entitled to a tax credit. In computing assessable income, a taxpayer shall
gross up his dividends by the amount of the tax credit received. The amount of tax credit is then
creditable against his tax liability.



                    Tax credit = dividend x corporate tax rate/(100-corporate tax rate)



3. Tax Rates

3.1 Progressive Tax Rates

Personal income tax rates applicable to taxable income are as follows.

                                   Tax rates of the Personal Income Tax

                  Taxable Income          Tax Rate (%) Tax Amount          Accumulated Tax

              0 - 50,000 (before 2003)        Exempt             -                   -

            0 - 80,000 ( 2003 onwards)        Exempt             -                   -

                  80,001 - 100,000               5             1,000              1,000

                  100,001 - 500,000             10            40,000              41,000

                500,001 - 1,000,000             20            100,000            141,000

               1,000,001 - 4,000,000            30            900,000           1,041,000
4,000,001 and over                 37



 In the case where income categories (2) - (8) mentioned in 2.1 are earned more than 60,000 Baht per
 annum, taxpayer has to calculate the amount of tax by multiplying 0.5% to the assessable income and
 compare with the amount of tax calculated by progressive tax rates. Taxpayer is liable to pay tax at the
                                      amount whichever is greater.



                                        3.2 Separate Taxation

 There are several types of income that the taxpayer shall not include or may not choose to include such
                     income to the assessable income in calculating the tax liability.



                             Income from sale of immovable property

 Taxpayer shall not include income from sales of immovable property acquired by bequest or by way of
    gift to the assessable income when calculating PIT. However, if the sale is made for a commercial
purpose, it is essential that such income must be included as the assessable income. Nevertheless, from
 January 2003, gains from sales of residential buildings shall not be included as income if such gains are
      spent on purchasing a new home within 1 year before or after selling his primary residence.



                                                  Interest

Interest income may, at the taxpayer's selection, be excluded from the computation of PIT provided that
 a tax of 15 per cent is withheld at source. However, the following forms of individual's interest income
                              are exempt from 15 per cent withholding tax;

1. interest on bonds or debentures issued by a government organization,

2. interest on saving deposits in commercial banks if the aggregate amount of interest received is not
more than 20,000 Baht during a taxable year,

3. interest on loans paid by a finance company,

4. interest received from any financial institutions organized by a specific law of Thailand for the purpose
of lending money to promote agriculture, commerce or industry.



Dividends
Taxpayer who is a resident in Thailand and receives dividends or shares of profits from a registered
company or a mutual fund which tax has been withheld at source at the rate of 10 per cent, may choose
to exclude such dividends from the assessable income when calculating PIT. However, in doing so,
taxpayer will be unable to claim any refund or credit as mentioned in 2.3.



                                             4. Withholding Tax

For certain categories of income, the payer of income has to withhold tax at source, file tax return (Form
PIT 1, 2, or 3 as the case may be) and submit the amount of tax withheld to the District Revenue Office.
 The tax withheld shall then be credited against tax liability of a taxpayer at the time of filing PIT return.
                The following are the withholding tax rates on some categories of income.




                                Types of income              Withholding tax rate

                       1. Employment income                          5 - 37 %

                       2. Rents and prizes                              5%

                       3. Ship rental charges                           1%

                       4. Service and professional fees                 3%

                       5. Public entertainer remuneration

                           - Thai resident                             5%

                           - non-resident                            5 - 37%

                       6. Advertising fees                              2%



5. Tax Payment

  Taxpayer is liable to file Personal Income Tax return (Form PIT 90 or 91) and make a payment to the
   Area Revenue Branch Office within the last day of March following the taxable year. Taxpayer who
 derives categories of income (5) - (8) during the first six months of the taxable year is also required to
file half - yearly return (Form PIT 94) and make a payment to the Area Revenue Branch Office within the
last day of September of that taxable year. Any withholding or half-yearly tax, which has been paid, can
                    be used as a credit against the tax liability at the end of the year.

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Tax Structure In Thailand

  • 1. Tax Structure in Thailand Personal Income Tax (PIT) is a direct tax levied on income of a person. A person means an individual, an ordinary partnership, a non-juristic body of person, a deceased person and an undivided estate. In general, a person liable to PIT has to compute his tax liability, file tax return and pay tax, if any, accordingly on a calendar year basis. 1. Taxable Person Taxpayers are classified into "resident" and "non-resident". "Resident" means any person residing in Thailand for a period or periods aggregating more than 180 days in any tax (calendar) year. A resident of Thailand is liable to pay tax on income from sources in Thailand on a cash basis, regardless where the money is paid, as well as on the portion of income from foreign sources that is brought into Thailand. A non-resident is, however, subject to tax only on income from sources in Thailand. 2. TAX BASE 2.1 Assessable Income Income chargeable to the PIT is called "assessable income". The term covers income both in cash and in kind. Therefore, any benefits provided by an employer or other persons, such as a rent-free house or the amount of tax paid by the employer on behalf of the employee, are also treated as assessable income of the employee for the purpose of PIT. Assessable income is divided into 8 categories as follows: (1) income from personal services rendered to employers; (2) income by virtue of jobs, positions or services rendered; (3) income from goodwill, copyright, franchise, other rights, annuity or income in the nature of annual payments derived from a will or any other juristic Act or judgment of the Court; (4) income in the nature of dividends, interest on deposits with banks in Thailand, shares of profits or other benefits from a juristic company, juristic partnership, or mutual fund, payments received as a result of the reduction of capital, a bonus, an increased capital holdings, gains from amalgamation, acquisition or dissolution of juristic companies or partnerships, and gains from transferring of shares or partnership holdings;
  • 2. (5) income from letting out of property on hire and from breaches of installment sales or hire-purchase contracts; (6) income from liberal professions; (7) income from construction and other contracts of work; (8) income from business, commerce, agriculture, industry, transport or any other activity not specified earlier. 2.2 Deductions and Allowances Certain deductions and allowances are allowed in the calculation of the taxable income. Taxpayers shall make deductions from assessable income before the allowances are granted. Therefore, taxable income is calculated by: TAXABLE INCOME = assessable income - deductions - allowances Deductions allowed for the calculation of PIT Type of Income Deduction Income from employment 40% but not exceeding 60,000 Baht Income received from copyright 40% but not exceeding 60,000 Baht Income from letting out of property on hire: - Building and wharves 30% - Agricultural land 20% - All other types of land 15% - Vehicles 30% - Any other type of property 10% Income from liberal professions 30% except for the medical profession where 60% is allowed
  • 3. Income derived from contract of work whereby the contractor actual expense or 70% provides essential materials besides tools Income derived from business,commerce, agriculture, industry, actual expense or 65-85% depending transport, or any other activities not specified earlier on the types of income Allowances (Exemptions) allowed for the calculation of PIT Types of Allowances Amount Personal allowance - Single taxpayer 30,000 Baht for the taxpayer - Undivided estate 30,000 Baht for the taxpayer's spouse - Non-juristic partnership or body of persons 30,000 Baht for each partner but not exceeding 60,000 Baht in total Spouse allowance 30,000 Baht Child allowance (child under 25 years of age and studying at 15,000 Baht each (limited to three educational institution, or a minor, or an adjusted incompetent children) or quasi-incompetent person) Education (additional allowance for child studying in 2,000 Baht each child educational institution in Thailand) Life insurance premium paid by taxpayer or spouse Amount actually paid but not exceeding 50,000 Baht each Approved provident fund contributions paid by taxpayer or spouse Amount actually paid but not exceeding 10,000 Baht each Home mortgage interest Amount actually paid but not exceeding
  • 4. 50,000 Baht Social insurance contributions paid by taxpayer or spouse Amount actually paid each Charitable contributions Amount actually donated but not exceeding 10% of income after standard deductions and allowances 2.3 Tax Credit for Dividends Any taxpayer who domiciles in Thailand and receives dividends from a juristic company or partnership incorporated in Thailand is entitled to a tax credit. In computing assessable income, a taxpayer shall gross up his dividends by the amount of the tax credit received. The amount of tax credit is then creditable against his tax liability. Tax credit = dividend x corporate tax rate/(100-corporate tax rate) 3. Tax Rates 3.1 Progressive Tax Rates Personal income tax rates applicable to taxable income are as follows. Tax rates of the Personal Income Tax Taxable Income Tax Rate (%) Tax Amount Accumulated Tax 0 - 50,000 (before 2003) Exempt - - 0 - 80,000 ( 2003 onwards) Exempt - - 80,001 - 100,000 5 1,000 1,000 100,001 - 500,000 10 40,000 41,000 500,001 - 1,000,000 20 100,000 141,000 1,000,001 - 4,000,000 30 900,000 1,041,000
  • 5. 4,000,001 and over 37 In the case where income categories (2) - (8) mentioned in 2.1 are earned more than 60,000 Baht per annum, taxpayer has to calculate the amount of tax by multiplying 0.5% to the assessable income and compare with the amount of tax calculated by progressive tax rates. Taxpayer is liable to pay tax at the amount whichever is greater. 3.2 Separate Taxation There are several types of income that the taxpayer shall not include or may not choose to include such income to the assessable income in calculating the tax liability. Income from sale of immovable property Taxpayer shall not include income from sales of immovable property acquired by bequest or by way of gift to the assessable income when calculating PIT. However, if the sale is made for a commercial purpose, it is essential that such income must be included as the assessable income. Nevertheless, from January 2003, gains from sales of residential buildings shall not be included as income if such gains are spent on purchasing a new home within 1 year before or after selling his primary residence. Interest Interest income may, at the taxpayer's selection, be excluded from the computation of PIT provided that a tax of 15 per cent is withheld at source. However, the following forms of individual's interest income are exempt from 15 per cent withholding tax; 1. interest on bonds or debentures issued by a government organization, 2. interest on saving deposits in commercial banks if the aggregate amount of interest received is not more than 20,000 Baht during a taxable year, 3. interest on loans paid by a finance company, 4. interest received from any financial institutions organized by a specific law of Thailand for the purpose of lending money to promote agriculture, commerce or industry. Dividends
  • 6. Taxpayer who is a resident in Thailand and receives dividends or shares of profits from a registered company or a mutual fund which tax has been withheld at source at the rate of 10 per cent, may choose to exclude such dividends from the assessable income when calculating PIT. However, in doing so, taxpayer will be unable to claim any refund or credit as mentioned in 2.3. 4. Withholding Tax For certain categories of income, the payer of income has to withhold tax at source, file tax return (Form PIT 1, 2, or 3 as the case may be) and submit the amount of tax withheld to the District Revenue Office. The tax withheld shall then be credited against tax liability of a taxpayer at the time of filing PIT return. The following are the withholding tax rates on some categories of income. Types of income Withholding tax rate 1. Employment income 5 - 37 % 2. Rents and prizes 5% 3. Ship rental charges 1% 4. Service and professional fees 3% 5. Public entertainer remuneration - Thai resident 5% - non-resident 5 - 37% 6. Advertising fees 2% 5. Tax Payment Taxpayer is liable to file Personal Income Tax return (Form PIT 90 or 91) and make a payment to the Area Revenue Branch Office within the last day of March following the taxable year. Taxpayer who derives categories of income (5) - (8) during the first six months of the taxable year is also required to file half - yearly return (Form PIT 94) and make a payment to the Area Revenue Branch Office within the last day of September of that taxable year. Any withholding or half-yearly tax, which has been paid, can be used as a credit against the tax liability at the end of the year.