Tax liabilities can take a different disguise altogether if you are not knowing the regulatory norms. Even if you pay on time, non-adherence can lead to some sort of fine or penalty, or litigation. Similarly, there are a few obligatory aspects that can help you save taxes. In this article, we will explain to you the tax benefits in Thailand for Startups and CVCs. But please note that Tax Regulations in Thailand are very stringent and you must hire reliable Thai tax firms to manage everything smoothly.
Not only startups but there are also provisions of tax exemption for investors on their funding to startups in Thailand. Any person or organization who directly or indirectly invests in Thai startups in form of Venture Capital (VC), Corporate Venture Capital (CVC), or Private Equity Trusts, all are eligible for tax benefits in Thailand. These exemptions hold approval vide a draft Royal Decree of the Thai Revenue Code. This Draft Royal Decree seeks to repeal Royal Decrees No. 597 (B.E. 2559) and No. 636 (B.E. 2560), which prohibit capital gains tax on investments in startups.
The Draft Royal Decree in the Government Gazette is applicable until June 30th, 2032 for all startups and investors. The government expects that these tax advantages will make it easier for Thai startups to attract more funding. Henceforth, this will result in a faster expansion of Thailand’s GDP and a rise in employment.
Let’s take a quick glance through the norms of eligibility for tax benefits in Thailand for startups and investors.
Eligible Startups
A startup must engage in the targeted activities of the “Target Industries”. This classification holds the endorsement of pertinent government agencies. The Committee on Policy for National Competitive Enhancement for Targeted Industries mandates this categorization. Note that, the startup business must rely on technology as the foundation for its production process and services. Additionally, it must be in accordance with rules established by the Director-General of the Revenue Department. The National Science and Technology Development Agency (NSTDA) and the National Innovation Agency (NIA) are the government entities in charge of issuing the certification of the target activities.
Eligible Target Investors for Tax Benefits in Thailand
The Draft Royal Decree requires that all target investors qualifying for income tax exemptions must hold shares of the startup, CVC fund, or PE Trust for at least 24 months prior to the transfer of shares. Additionally, they should refrain from exercising their rights under the earlier Royal Decrees No. 597 (B.E. 2559) and No. 636. (B.E. 2560).
- Either abroad or in Thailand, an investor can register a CVC fund or PE Trust. On the final day of each month, to comply with Thai legislation, the CVC fund or PE Trust must have paid-up capital.
- Additionally, they have to file Accounts with the Securities and Exchange Commission for a financial period of THB 20 million or more.
- Individuals or corporate entities that solely participate in Thai CVC funds and Thai PE Trusts must be shareholders of the CVC fund or unitholders of the PE Trust.
Inability to comply with these regulations will lead to termination of tax exemption for CVC fund or PE trust.
Tax Benefits in Thailand: Terms and Conditions
Direct Investment
If a startup engages in the Targeted Industries and generates at least 80% of its total revenue from the target activities in the two preceding accounting periods prior to the transfer of shares, then a person or a legal entity registered in Thailand or abroad will be eligible for income tax exemptions on the gains from the transfers of shares in that startup.
Indirect Investment through VC
Tax benefits for VC funds will vary depending on the degree of investment made by the PE Trust and CVC fund. Additionally, it depends on the level of investment made by CVC fund shareholders and PE Trust unitholders. The following illustration will make things more clear:
Tax benefits in Thailand for CVC and PE Trust
If a startup generates at least 80% of its revenue from the targeted activities in each accounting period for two consecutive accounting periods prior to the transfer of shares, the CVC fund will benefit from exemptions from corporate income tax on the gains from the transfers of shares in that startup.
There is no corporate income tax for PE Trusts.
Tax benefits in Thailand for shareholders of CVC funds and unitholders of PE Trusts
Tax breaks will be given to PE Trust unitholders and CVC fund shareholders on the following:
Gains from transfers of shares in CVC funds and PE Trusts, where the investors in the CVC funds and unitholders in the PE Trusts will receive personal or corporate income tax exemptions in proportion to their investments, provided that such startups generate at least 80% of their income from the target activities during each accounting period for two successive accounting periods prior to the transfer of shares.
Gains from the dissolution of CVC funds and PE Trusts based on the percentage of retained earnings received from the startups’ target activities, provided that these startups generate at least 80% of their income from the target activities each accounting period for two consecutive accounting periods prior to the dissolution.
Startups confront legal challenges, which Konrad Legal Company Limited is aware of. Your company can achieve its objectives with the assistance of our Legal, Accounting & Tax Professionals for Startups in Thailand, including learning how to successfully draw in new investors. Call us right away for further details. You can also email your concern to [email protected].
