Newsletter - October 2009
TAX
HIGH RISK TAX SCRUTINY
The Revenue Department has ordered its provincial officials to more closely scrutinize the tax returns of companies that have deductions that exceed the industrial average. The Revenue Department will also assign grades to accounting firms which prepare taxes for private companies. Accounting firms found to assist with tax evasion will be subject to criminal charges.

ALCOHOL TAX CHANGES
The head of the Fiscal Policy Office has called for a revision of the excise taxes on alcohol. He contends that the tax should be based on degree of alcohol content instead of quantity. In the past there has been a strong lobby by local producers against revising the tax rates because domestic spirits have high alcohol content.

FOREIGN EXPERT TAX INCENTIVES
Thailand is considering offering special tax incentives to attract foreign experts. The incentives would be directed towards foreigners who could assist in the areas of research and development and thus help promote value-added industries and services.

BOI LISTED COMPANY TAX BREAK
Board of Investment (BOI) promoted companies which list on the Stock Exchange of Thailand (SET) or the Market for Alternative Investment (MAI) will no longer be limited to receiving tax incentives solely on the amount invested in the project. BOI listed firms will be able to apply for overall corporate income tax exemptions for the remainder of their tax exemption period. Applications must be submitted before the end of 2012.

TARIFF CUT PROPOSAL
The Commerce Ministry intends to propose tariff cuts on 300 raw materials in four different categories. Zero tariffs are proposed on raw materials which cannot be produced in the country.

BANKING & FINANCE

MONEY FLOW REGULATIONS

The Bank of Thailand (BOT) is being asked by the Finance Ministry to ease regulations governing in flow or repatriation of money by multinational companies. The suggestion is intended to help promote the use of regional headquarters.

NEW LAW FOR MORE TRANSPARENCY
A draft of a new public finance law has been approved by the cabinet and is expected to be passed into law by early next year. The law calls for public organizations to improve accounting standards, internal audit, financial statement reporting and fiscal risk assessment.

ENVIRONMENT
MAP TA PHUT

The Administrative Court's suspension of the operating permits of 76 expansion phase industrial projects at the end of September at Map Ta Phut Industrial Estate has featured prominently in the news. The injunction called for stopping work on projects until a hearing is held to determine whether the recent approvals were in breach of the constitution. The court's injunction was made in response to an application by a coalition of environmental and community activists. A number of the suspended projects have filed appeals with the Central Administrative Court. In the meantime the government filed a petition with the Administrative Court asking it to overturn the injunction to halt the 76 investment projects. This action was strongly opposed by the Lawyers Council of Thailand which insisted that state agencies should strictly enforce the injunction. In another move the cabinet has approved changes to environmental legislation in order to require project operators to conduct health impact assessments and hold public hearings. Interim regulations concerning the changes are expected to be issued by the government within the next few weeks.

BOARD OF INVESTMENT
HOME PROGRAM

A recommendation has been made to expand the present Board of Investment (BOI) Home program and increase privileges for developers who build affordable housing. It was also suggested that the maximum condo unit price be increased to 1.2 million from the current 1 million baht in order to be in line with BOI townhouse and single family home regulations.

TARGET CLOSE
The Board of Investment (BOI) announced that investments for the first nine months of the year are down 8% from last year. However, BOI remains hopeful that its investment target of 400 billion can be reached, since there has been an improvement in investment in recent months. In fact, BOI predicts a 25% increase in investment for 2010.

SECURITIES & EXCHANGE
LISTINGS BASED ON DISCLOSURE
By mid-2011 the Securities and Exchange Commission (SEC) plans to use disclosure based rules to qualify companies for listing on the stock market. At present a set of disclosure rules is being drafted by the SET.

PROBE INTO CRASH
Following a rapid fall in stock prices, a probe is being conducted to see if this was caused by false rumors about the health of the nation's ruler. It is suspected that incorrect information was deliberately spread to in order for certain companies or persons to make financial gains.

COMMISSION FEE
Approval in principal has been given by the Securities and Exchange Commission (SEC) amending the stock commission fee regulations. The aim of the amendment is to assist with the partial deregulation of the stock market which is to be implemented on January 1, 2010.

INFORMATION TECHNOLOGY
FREE WIFI

Free wireless internet service has been introduced for passengers inside departure lounges at Bangkok's Suvarnabhumi Airport.

PROPERTY
SERIOUS SCRUTINY OF NOMINEES

The Department of Business Development (DBD) has announced that starting next year it will conduct in-depth investigations of companies which hold land plots and have exceeded the foreign shareholding limits. The focus of the investigation will be on companies suspected of serving as illegal nominees. In view of the announcement, the Joint Foreign Chambers of Commerce is advising foreign firms using Thai nominees to hold property to restructure their holdings and seek Thai partners to legalize their investments.

INTELLECTUAL PROPERTY
LANDLORDS TO FACE FINES

The cabinet has been reviewing amendments to the copyright and trademark laws. Under proposed changes, owners of space with retail outlets selling pirated goods could face fines of as much as 300,000 baht. However, the suggestion to punish persons purchasing pirated goods will certainly be dropped due to the potential problems which such legislation could cause.

TRANSPORTATION
SECOND BANGKOK AIRPORT

The government is discussing the reopening of Don Mueung Airport to full operation for economic reasons. If reopened the government could delay the proposed expansion of Suvanrabhumi Airport.

TRAIN SERVICE SUSPENSION
Train services in the three most southern provinces were suspended when train workers went on strike to call attention to the poor quality of equipment and poor management.

BUSINESS
MEDICAL HUB

The Health Ministry aims to establish Thailand as a medical hub by 2014. In addition to modern medicine, the government plans to focus on promoting Thai traditional medicine and alternative medicine. Another goal is to improve the online cybermarketing of local health services.