Corporate Income Tax Exemption for Investment in Large Commercial Electric Vehicles in Thailand

On 9 September 2025, the Royal Gazette published the Royal Decree issued under the Revenue Code regarding the Corporate Income Tax Exemption for Income (No. 798) B.E. 2568 (2025) (“Royal Decree No. 798”), introducing a new corporate income tax (“CIT”) incentive to encourage investment in large commercial electric vehicles (“Large EVs”).

This incentive forms part of Thailand’s broader policy to accelerate the transition to zero-emission transportation, reduce greenhouse gas emissions from the commercial transport sector, and strengthen the domestic electric vehicle ecosystem. The incentive took effect on 10 September 2025.

Under this scheme, companies and juristic partnerships (“Eligible Taxpayers”) may claim additional CIT deductions (in addition to normal depreciation) for investments in qualifying Large EVs, subject to compliance with all statutory, technical, and procedural requirements.

Key Legal Framework

The incentive is implemented under the following key regulations:

• Royal Decree No. 798, which establishes the overall framework for the tax incentive; and
• Notification of the Director-General of the Revenue Department on Income Tax (No. 464) B.E. 2568 (2025) (“Notification of the Director-General No. 464”), which prescribes detailed eligibility conditions, deduction rates, and procedural requirements.

The principal eligibility requirements and applicable tax benefits under these regulations are summarized below.

Eligibility Requirements for the CIT Incentive

Eligible Taxpayers may claim additional CIT deductions for investments in Large EVs only where all of the following conditions are satisfied.

1. Qualifying Investment Period

The investment must be incurred during the period from 27 March 2025 to 31 December 2025.

2. Qualifying Large EVs

The investment must relate to Large EVs that meet all of the following requirements.

(a) Vehicle Type

• Electric passenger vehicles, duly registered under the Motor Vehicle Act B.E. 2522 (1979) (“Motor Vehicle Act”), and operated for passenger transport in accordance with the standards prescribed under the Land Transport Act B.E. 2522 (1979) (“Land Transport Act”), including:
  • standard 1 (special air-conditioned buses),
  • standard 2 (air-conditioned buses),
  • standard 3 (non-air-conditioned buses),
  • standard 4 (double-decker buses),
  • standard 6 (semi-trailer buses), and
  • standard 7 (special-purpose passenger buses).

• Electric trucks, duly registered under the Motor Vehicle Act, and operated for the transport of animals or goods in accordance with the characteristics prescribed under the Land Transport Act, including:
  • type 1 (pickup trucks),
  • type 2 (van trucks),
  • type 3 (tanker trucks),
  • type 4 (hazardous material trucks),
  • type 5 (special-purpose trucks), and
  • type 9 (tractor trucks).

(b) Asset Conditions

• The vehicles must be new and unused;
• Eligible for depreciation or amortization for tax purposes; and
• Acquired and ready for use by 31 December 2025.

(c) No Overlapping Tax Incentives

• The vehicles must not receive tax benefits under other laws; and
• Must not be used in businesses that enjoy CIT exemptions under the Investment Promotion Act B.E. 2520 (1977), the Competitiveness Enhancement for Targeted Industries Act B.E.2560 (2017), or the Eastern Economic Corridor Act B.E. 2561 (2018).

Applicable CIT Deduction Rate

Where all of the above eligibility requirements are met, Eligible Taxpayers may claim additional CIT deductions calculated as follows:

• 100% of the actual cost for Large EVs manufactured or assembled in Thailand, or
• 50% of the actual cost for imported Large EVs.

Key Benefits and Limitations

Benefits

• Meaningful tax savings, particularly for domestically manufactured or assembled Large EVs;
• Reduced after-tax investment costs, improving project feasibility and capital efficiency; and
• Alignment with ESG and sustainability objectives, which are increasingly important in corporate decision-making.

Limitations

• A limited investment window, requiring timely procurement and deployment;
• Strict eligibility and documentation requirements, with potential tax clawback risks; and
• Incompatibility with other CIT incentive regimes, limiting flexibility for BOI-promoted or EEC-based businesses.

Conclusion

The Large EV CIT incentive is a targeted tax measure introduced to support Thailand’s transition to zero-emission commercial transportation while encouraging investment in large commercial electric vehicles. Under Royal Decree No. 798 and Notification of the Director-General No. 464, Eligible Taxpayers may claim additional CIT deductions for investments in qualifying Large EVs made within the prescribed investment period, subject to compliance with all eligibility and procedural requirements.

The incentive provides enhanced deductions of up to 100% of the investment cost for domestically manufactured or assembled Large EVs and 50% for imported vehicles. However, the benefit is subject to strict conditions, including vehicle type and usage requirements, asset characteristics, the prohibition of overlapping tax incentives, and compliance with documentation obligations. Accordingly, careful planning and coordination among tax, legal, and operational teams are essential to secure the incentive and avoid potential tax adjustments.

Author: Panisa Suwanmatajarn, Managing Partner.

Other Articles

• Corporate Income Tax Exemption for Investment in Large Commercial Electric Vehicles in Thailand
• Legal Update: Recent Revisions to the United States–Thailand Joint Statement on Reciprocal Trade
• Strengthening Control over Illegal Foreign Employment in Thailand
• White Collar Crime: Systematic Manipulation and Fraud in the Stock Case
• U.S. Multinationals and the OECD Pillar Two Framework: The Side-by-Side Safe Harbor
• Thailand’s New Import Duty Framework for Low-Value Goods: A Policy Shift Toward Competitive Neutrality

Thailand Issues Key Top-Up Tax Guidance: Exchange Rates, Exempt Entities, and Special Cases

Thailand enacted the Emergency Decree on Top-Up Tax B.E. 2567 (2024) (the “Emergency Decree“), which applies to large multinational enterprises (MNEs) whose total consolidated revenue, as reported in the consolidated financial statements of the ultimate parent entity (UPE), equals or exceeds EUR 750 million (or the Thai Baht equivalent). This legislation subjects in-scope MNEs to a top-up tax at a 15% global minimum tax rate for accounting periods commencing on or after 1 January B.E. 2568 (2025).

To support the implementation of the Emergency Decree with clarity and ensure practical enforceability, the Director-General of the Revenue Department issued three items of secondary legislation (the “Notifications“). These Notifications were issued on 24 December B.E. 2568 (2025) and published in the Royal Gazette on 13 January B.E. 2569 (2026). The Notifications apply for purposes of determining top-up tax liability for accounting periods commencing on or after 1 January B.E. 2568 (2025).

Key Provisions of the Secondary Legislation

1. Notification of the Director-General of the Revenue Department on Top-Up Tax (No. 6): Exchange Rate Conversion Standards

The top-up tax calculation is based on the financial information of MNE groups, which generally conduct operations using foreign currencies as their principal currencies. Consequently, establishing clear and standardized exchange rate rules is essential for accurate top-up tax computation.

This Notification prescribes exchange rate criteria for converting foreign currency amounts into Thai Baht under the Emergency Decree, ensuring consistency and uniformity in top-up tax calculations. The key provisions include:

Conversion for Tax Calculation Purposes

When the law prescribes criteria or conditions requiring consideration of figures from financial statements or calculation of top-up tax for an entity or group of entities stated in foreign currency, and such amounts must be converted to Thai Baht for a particular accounting period, the conversion shall utilize the average rate between the buying rate and selling rate for the month of December preceding that accounting period, as calculated by the Bank of Thailand.

Payment and Refund of Top-Up Tax

Regardless of which foreign currency is used as the principal currency in the operations of an entity or its group entities, any payment or refund of top-up tax in Thailand shall be made exclusively in Thai Baht. The conversion shall be calculated using the average rate between the buying rate and selling rate of commercial banks, as calculated by the Bank of Thailand on the last business day preceding either the date of tax payment or the date on which the competent authority approves the tax refund, unless otherwise exempted.

2. Notification of the Director-General of the Revenue Department on Top-Up Tax (No. 7): Excluded Entity Characteristics

Pursuant to Section 26 of the Emergency Decree, constituent entities (CEs) located in Thailand that are members of an MNE group whose total consolidated revenue, as reported in the consolidated financial statements of the UPE, equals or exceeds EUR 750 million (or the Thai Baht equivalent) for at least two accounting periods within the four accounting periods prior to the current accounting period, are subject to top-up tax.

However, Section 27 provides that certain categories of CEs are exempt from being treated as CEs subject to top-up tax. These exemptions apply to:

1. Government agencies
2. International organizations
3. Non-profit organizations
4. Pension funds
5. Investment funds that are UPEs
6. Real estate investment vehicles that are UPEs
7. Other entities as may be prescribed by Royal Decree

To prevent overly broad interpretation of these exemptions, this Notification clearly and specifically prescribes the characteristics and qualifications of each entity type that does not constitute a CE, thereby establishing which entities fall outside the scope of top-up tax liability.

3. Notification of the Director-General of the Revenue Department on Top-Up Tax (No. 8): Special Calculation Rules for Entities with Specific Characteristics

This Notification prescribes specific criteria, procedures, and conditions for determining top-up tax liability applicable to CEs with the following characteristics:

1. Constituent entities in which the UPE holds a minority interest
2. Stateless constituent entities
3. Investment entities, including insurance investment entities with liabilities arising from insurance contracts or life insurance annuity contracts

These entities possess legal forms, organizational structures, complex ownership structures, or operational modes that are distinct from other CEs, rendering the general rules under the Emergency Decree inappropriate for direct application. Accordingly, this Notification clearly prescribes specific methodologies and conditions for determining:

• The scope of income
• The aggregation of income
• The allocation of profits or losses
• Calculation methodologies

These provisions ensure that top-up tax collection is conducted accurately and fairly, properly reflecting the effective tax rate (ETR).

Separate Calculation Requirement

The calculation of ETR and top-up tax for CEs with these specific characteristics shall be conducted separately from other CEs within the MNE group. Furthermore, in certain cases, items and amounts included in the computation of ETR and top-up tax for entities with specific characteristics shall not be included in the computation of ETR and top-up tax for other CEs within the MNE group.

Legal Status and Hierarchy

These Notifications are issued pursuant to the authority granted under the Emergency Decree. They establish criteria and procedures for practical enforcement and support the implementation of the Emergency Decree. The Notifications apply consistently with the Emergency Decree, provided they do not conflict with other existing or future secondary legislation, such as Royal Decrees or Ministerial Regulations, which may be issued to prescribe further details in accordance with standards established by the Organization for Economic Co-operation and Development (OECD). Accordingly, stakeholders must continuously monitor further developments.

Key Considerations for Stakeholders

1. Application of Prescribed Exchange Rates

MNEs subject to top-up tax must apply the exchange rates prescribed under the relevant Notification when converting foreign currency amounts into Thai Baht to ensure uniform standards for tax computation. The amount of tax payable may vary based on prescribed exchange rates. However, such enterprises are afforded sufficient time to ascertain applicable criteria in advance of the accounting period commencement.

2. Documentation Requirements for Specific Constituent Entities

Constituent entities in which the UPE holds a minority interest, entities with complex ownership structures, stateless constituent entities, and investment entities whose ETR may not accurately reflect actual tax burdens must prepare comprehensive and detailed supporting documentation. Such information should include, but is not limited to:

• Investment income details
• Ownership and control structures
• Asset management arrangements
• Relevant financial statements

This documentation should support the assessment of whether top-up tax computation should be performed according to general rules or whether the application of specific rules, methodologies, or conditions prescribed by the relevant Notification is required.

Conclusion

The Emergency Decree has been designed to align with the OECD Global Anti-Base Erosion Rules. These Notifications are essential to demonstrate Thailand’s commitment to implementing top-up tax in accordance with OECD-prescribed standards while safeguarding Thailand’s rights and interests in top-up tax collection. Therefore, these Notifications should be considered and applied in conjunction with the Emergency Decree to enable CEs subject to top-up tax to calculate their obligations accurately and minimize interpretative gaps that could otherwise be exploited to avoid top-up tax liability.

Author: Panisa Suwanmatajarn, Managing Partner.

Other Articles

• Corporate Income Tax Exemption for Investment in Large Commercial Electric Vehicles in Thailand
• Legal Update: Recent Revisions to the United States–Thailand Joint Statement on Reciprocal Trade
• Strengthening Control over Illegal Foreign Employment in Thailand
• White Collar Crime: Systematic Manipulation and Fraud in the Stock Case
• U.S. Multinationals and the OECD Pillar Two Framework: The Side-by-Side Safe Harbor
• Thailand’s New Import Duty Framework for Low-Value Goods: A Policy Shift Toward Competitive Neutrality

Thailand’s Proposed VAT Increase: Legal and Policy Overview

Thailand is currently undertaking a comprehensive review of its long-term fiscal policy in response to rising public expenditure, persistent budget deficits, and the imperative to secure sustainable government revenue. For fiscal year B.E. 2569 (2026), the Ministry of Finance is preparing a broader tax structure reform plan to be submitted to the incoming government. A key element under consideration is a potential adjustment to the Value Added Tax (VAT) rate.

Background of Thailand’s VAT System

Thailand’s current VAT framework originated as an economic relief measure. In B.E. 2542 (1999), the government issued the Royal Decree Issued under the Revenue Code on the Reduction of the Value Added Tax Rate (No. 353) B.E. 2542 (1999), reducing the VAT rate from the statutory rate of 10% to 7% (comprising 6.3% VAT and 0.7% local tax). This measure was introduced during the Asian financial crisis, commonly referred to in Thailand as the “Tom Yum Kung” crisis.

Although originally intended as a temporary measure, the reduced VAT rate of 7% has been continuously extended through successive Royal Decrees for more than two decades and has remained a core feature of Thailand’s VAT system.

In recent years, the Ministry of Finance has expressed concern that the continued application of the reduced VAT rate may prove inadequate to meet Thailand’s future fiscal obligations, including expenditures related to infrastructure development, social welfare programs, and public debt servicing. Additionally, Thailand’s VAT rate remains comparatively low relative to those of many other jurisdictions.

The Ministry of Finance’s Proposed VAT Plan

Based on current policy discussions, the Ministry of Finance is considering a phased adjustment of the VAT rate rather than an immediate increase. The indicative timeline under consideration includes:

• An increase in the VAT rate from 7% to 8.5% by 2028; and
• A further increase to 10% by 2030.

Support Measures for Vulnerable Groups

To mitigate the potential social impact of a VAT increase, the Ministry of Finance has indicated that a portion of the additional revenue would be allocated to support vulnerable groups and alleviate cost-of-living pressures. By way of illustration, if VAT revenue were to increase by THB 100 billion, approximately THB 20 billion could be allocated to supplementary benefits under the State Welfare Card scheme, with the remaining amount applied to other cost-of-living support measures. These initiatives are intended to cushion the impact on low-income households in the event that a VAT adjustment is implemented.

Impacted Stakeholders and Economic Sectors

Any adjustment to Thailand’s VAT rate would have wide-ranging implications across multiple stakeholder groups and economic sectors.

Consumers – VAT is a consumption tax that is generally passed on to end consumers through higher prices for goods and services. Households, particularly low-income and fixed-income groups, are likely to experience the immediate impact through increased living costs. While certain essential goods and services may be zero-rated or exempt, they could still be indirectly affected through higher input costs.

Businesses and Operators – VAT-registered businesses would face higher output VAT obligations, which may affect pricing strategies, cash flow management, and compliance costs. Small and medium-sized enterprises (SMEs), in particular, may experience greater pressure if competitive constraints prevent them from fully passing on increased VAT to customers. Certain sectors, such as retail, hospitality, logistics, and consumer services, are expected to be more sensitive to VAT changes due to price elasticity and consumer behavior.

Government and Public Finance – For the government, a VAT increase would strengthen revenue collection and reduce reliance on borrowing. According to policy discussions led by the Ministry of Finance, any adjustment would be accompanied by targeted support measures for vulnerable groups to mitigate social impacts and maintain economic stability.

Current Status

At present, no legislative amendment or binding decision has been enacted. The VAT rate remains at 7% under the Royal Decree Issued under the Revenue Code on the Reduction of the Value Added Tax Rate (No. 799) B.E. 2568 (2025), which extends the reduced VAT rate until 30 September B.E. 2569 (2026). Any adjustment to the VAT rate will be conditional upon prevailing economic conditions. Accordingly, all impacted stakeholders and economic sectors should closely monitor ongoing developments to ensure timely awareness and compliance with any changes.

Conclusion

Thailand’s potential VAT reform reflects broader efforts to strengthen fiscal sustainability and secure long-term public revenue. While the reduced VAT rate remains in force and no legislative amendment has yet been enacted, policy discussions indicate a possible phased increase over the medium to long term. Any adjustment will depend on economic conditions and is likely to be implemented alongside mitigating measures to address social and economic impacts. In this context, businesses, taxpayers, and other affected sectors should closely monitor regulatory developments and assess potential implications for pricing, compliance obligations, and overall cost structures should the proposed reform proceed.

Author: Panisa Suwanmatajarn, Managing Partner.

Other Articles

• Corporate Income Tax Exemption for Investment in Large Commercial Electric Vehicles in Thailand
• Legal Update: Recent Revisions to the United States–Thailand Joint Statement on Reciprocal Trade
• Strengthening Control over Illegal Foreign Employment in Thailand
• White Collar Crime: Systematic Manipulation and Fraud in the Stock Case
• U.S. Multinationals and the OECD Pillar Two Framework: The Side-by-Side Safe Harbor
• Thailand’s New Import Duty Framework for Low-Value Goods: A Policy Shift Toward Competitive Neutrality

Tax: Understanding TISA – New Tax-Incentivized Individual Savings Account for Thai Equities

Thailand is advancing toward the implementation of the Thailand Individual Savings Account (TISA), a strategic tax-advantaged investment framework intended to redirect household savings into domestic equities and mutual funds while providing substantial personal income tax deductions. Drawing inspiration from Japan’s Nippon Individual Savings Account (NISA), TISA is positioned as a cornerstone of the government’s Quick Big Win policy under the fifth pillar, aimed at fostering long-term savings and revitalizing the Thai capital market.

Recently, the Ministry of Finance (MoF) has presented the TISA proposal to the Economic Policy Committee for initial approval, with a subsequent Cabinet review scheduled for December 9, 2025.  This follows in-principle endorsement from the Economic Cabinet earlier in the year, elevating the annual tax-deductible contribution ceiling to 800,000 baht.  Upon final approval, regulations from the Revenue Department and Securities and Exchange Commission (SEC) are anticipated to enable rollout for the 2026 tax year, covering income earned in 2025. Recent analyses indicate TISA could inject significant liquidity into the Stock Exchange of Thailand (SET), particularly benefiting high-dividend sectors such as banking, while enhancing market confidence amid global uncertainties.

Key Features of TISA (Based on Proposed and Approved Framework):

1.  Eligible Participants

       •  Thai resident individuals (natural persons only).

       •  Limited to one TISA account per taxpayer, administered through asset management companies (AMCs), commercial banks, or brokerage firms.

       •  No specified minimum age, though contributions require assessable income; aligns with existing retirement savings vehicles like Super Savings Funds (SSF) and Retirement Mutual Funds (RMF).

2.  Annual Tax-Deductible Contribution Limit

       •  Up to 800,000 baht per year, inclusive of contributions to qualifying mutual funds (e.g., RMF, SSF, and Thai ESG Funds – TESG).

       •  This limit supplements deductions from other long-term savings instruments, potentially allowing high earners to deduct over 1.5 million baht annually in aggregate.

3.  Eligible Investments

       •  Primarily SET- and mai-listed ordinary and preferred shares.

       •  Expanded to include mutual fund units (RMF, SSF, TESG), bonds, and select exchange-traded funds (ETFs) tracking Thai equities; foreign securities and non-listed assets excluded initially.

       •  Enhanced incentives for sustainable investing: A 1.2x deduction multiplier for TESG contributions targeting companies with strong Environmental, Social, and Governance (ESG) performance.

4.  Holding Period Requirement

       •  Minimum one calendar year for investments to qualify for full benefits, with potential extensions to five years in equity-specific tranches to promote long-term discipline.

       •  Premature withdrawals or sales may result in retroactive disallowance of deductions, plus applicable penalties and interest.

5.  Tax Treatment of Gains

       •  Capital gains, dividends, and investment income within the TISA account are proposed to be fully exempt from personal income tax, mirroring NISA’s structure.

       •  This exemption applies post-holding period, providing a structural edge over standard taxable brokerage accounts.

6.  Lifetime or Cumulative Cap

       •  No fixed lifetime limit proposed, offering greater flexibility than Japan’s NISA (which caps cumulative investments at 18–60 million yen depending on the variant); however, annual caps ensure fiscal prudence.

What Stakeholders Should Prepare Immediately:

1. Individual Investors and High-Net-Worth Clients

•  Assess 2025 taxable income to project 2026 contribution capacity, integrating TISA with SSF/RMF/TESG for optimized deductions.

•  Curate a diversified portfolio of SET-listed dividend stocks (e.g., banking sector leaders) and TESG funds, prioritizing ESG-aligned assets for the 1.2x multiplier.

•  Initiate account setup with SEC-approved providers by Q1 2026; monitor MoF announcements for exact launch protocols.

•  Engage certified financial planners to model scenarios, factoring in the one-year minimum hold and potential government co-contributions.

2. Financial Institutions and Brokerage Firms

•  Expedite TISA-compliant platform integrations for account opening, transaction tracking, and automated tax reporting.

•  Develop compliance frameworks for the one-account rule and holding period enforcement, including penalty computation tools.

•  Launch targeted campaigns highlighting tax-exempt dividends and ESG multipliers to attract retail inflows, estimated to boost market liquidity significantly.

3. Listed Companies and Investor Relations Teams

•  Bolster retail-focused disclosures, emphasizing dividend policies and ESG metrics to capitalize on TISA-driven domestic demand.

•  Anticipate heightened scrutiny on long-term value creation, aligning with the SET’s Jump+ initiative for enhanced governance.

4. Tax Practitioners and Certified Financial Planners

•  Revise advisory models to incorporate TISA’s 800,000-baht layer and ESG enhancements, ensuring clients understand irrevocable commitments.

•  Prepare for inter-scheme coordination, as TISA may phase in as a successor to maturing SSF programs by end-2025.

Key Takeaways:

•  TISA establishes an 800,000-baht annual tax deduction for Thai equities and qualifying funds, with tax-exempt gains post-holding period and a 1.2x ESG multiplier, poised for Cabinet approval on December 9, 2025.

•  By promoting one-year-plus investments, it cultivates financial discipline and could sustain SET liquidity, especially in dividend-rich sectors, amid foreign inflow volatility.

•  High earners stand to realize compounded tax savings exceeding 200,000 baht annually when layered with existing vehicles, underscoring the need for proactive portfolio alignment.

•  Stakeholders must prioritize system readiness and education by early 2026 to harness TISA’s potential in fortifying Thailand’s retail investor ecosystem and economic resilience.

TISA signifies a transformative policy pivot, channeling public savings into sustainable market growth while mitigating reliance on external capital. Prudent early adoption, grounded in rigorous planning, will maximize its fiscal and wealth-building advantages.

Author: Panisa Suwanmatajarn, Managing Partner.

Other Articles

• Corporate Income Tax Exemption for Investment in Large Commercial Electric Vehicles in Thailand
• Legal Update: Recent Revisions to the United States–Thailand Joint Statement on Reciprocal Trade
• Strengthening Control over Illegal Foreign Employment in Thailand
• White Collar Crime: Systematic Manipulation and Fraud in the Stock Case
• U.S. Multinationals and the OECD Pillar Two Framework: The Side-by-Side Safe Harbor
• Thailand’s New Import Duty Framework for Low-Value Goods: A Policy Shift Toward Competitive Neutrality

Digital Taxation Policy: Balancing Revenue Objectives with International Trade Pressures

The proliferation of digital platforms has fundamentally reshaped global commerce, enabling service delivery—encompassing e-commerce, digital advertising, and streaming—without necessitating a physical presence in consumer markets. This evolution has compelled governments worldwide to refine tax frameworks to capture value in the digital economy equitably. In Thailand, the government has implemented Value-Added Tax (VAT) obligations for foreign digital service providers since 2021, yet a direct digital services tax (DST) targeting profits or revenues remains under deliberation. This policy juncture represents a strategic calculus between fiscal revenue generation and mitigating pressures from key trading partners, particularly the United States. Within the context of the U.S.-Thailand Framework for Reciprocal Trade announced on October 26, 2025, Thailand’s commitment to refrain from imposing discriminatory digital services taxes underscores the interplay of domestic priorities and bilateral commitments.

Current VAT Regime for Foreign Digital Services:

Thailand mandates that non-resident digital service providers register for and remit VAT on services consumed within the country. Key elements of this framework include:

• Revenue Threshold: Providers must register if annual revenues from Thai consumers exceed THB 1.8 million.
• VAT Rate: A standard 7 percent rate applies, computed on the consumer-facing price.
• Scope of Taxation: It encompasses electronic services delivered via the internet or digital platforms, where consumption occurs in Thailand.

This mechanism applies to prominent platforms such as streaming services (e.g., Netflix, YouTube, and Disney+), advertising networks (e.g., Google Ads, and Meta platforms), and other online intermediaries. By aligning with OECD-inspired models, Thailand ensures foreign entities contribute proportionally to public finances, fostering parity with domestic operators.

Status of Direct Digital Services Tax:

Notwithstanding the VAT framework, Thailand has not yet enacted a DST that directly taxes digital revenues or profits of foreign platforms. The Revenue Department, supported by the Electronic Transactions Development Agency (ETDA), continues to evaluate such measures. The ETDA has noted that while conceptual studies are underway, implementation hinges on broader policy alignment. This cautious stance reflects the absence of a profit-based levy, distinguishing Thailand from jurisdictions like France or Spain that have proceeded unilaterally.

Challenges and Geopolitical Considerations:

The prospective adoption of a DST entails multifaceted challenges:

• Revenue versus Investment Dynamics: While intended to rectify imbalances between foreign giants and local firms, a DST could erode investor confidence, potentially discouraging technology inflows and innovation ecosystems.
• International Trade Implications: Unilateral actions risk perceptions of discrimination, inviting retaliatory measures. U.S. legislation, such as provisions enabling trade countermeasures against perceived unfair taxation of American firms, amplifies this concern. Historical precedents in Europe demonstrate how DSTs have escalated tensions, prompting tariff threats on agricultural and industrial exports.
• Strategic Trade-Offs: As articulated by ETDA, decisions may involve concessions in taxation to secure larger gains elsewhere, such as enhanced agricultural export access to the U.S. market under reciprocal trade frameworks.
• The U.S.-Thailand Framework explicitly addresses this domain: Thailand pledges to abstain from digital services taxes or discriminatory measures against U.S. providers, alongside assurances for cross-border data flows and a WTO moratorium on electronic transmission duties. This commitment, while non-binding pending finalization, positions digital taxation as a bargaining lever in ongoing negotiations, potentially deferring DST rollout to preserve advantages in tariffs, non-tariff barrier reductions, and sectoral procurements (e.g., agriculture, energy, and aviation).

Opportunities and Policy Recommendations:

For Thailand, navigating this landscape offers avenues to bolster fiscal sustainability without alienating partners:

• Harmonization with Global Standards: Prioritizing OECD Pillar 1 and 2 solutions could mitigate unilateral risks, ensuring multilateral consensus.
• Incentive-Aligned Reforms: Couple any future DST with innovation incentives, such as R&D tax credits for digital investments, to sustain Thailand’s appeal as an ASEAN digital hub.
• Bilateral Engagement: Leverage the Framework’s digital trade provisions to negotiate phased implementations, safeguarding U.S. interests while advancing domestic equity.

Stakeholders, including policymakers and industry actors, should monitor negotiations targeting year-end conclusion, with subsequent Cabinet and Parliamentary scrutiny.

Conclusion:

Thailand’s digital taxation policy exemplifies the intersection of fiscal imperatives, technological advancement, and geopolitical strategy. The established VAT regime marks progress in revenue capture, yet the deliberative approach to a DST—tempered by U.S. pressures and reciprocal trade commitments—highlights prudent calibration. Future resolutions will critically influence Thailand’s competitiveness in the global digital economy, underscoring the need for balanced, forward-looking frameworks that promote equitable growth and enduring international partnerships.

Author: Panisa Suwanmatajarn, Managing Partner.

Other Articles

• Corporate Income Tax Exemption for Investment in Large Commercial Electric Vehicles in Thailand
• Legal Update: Recent Revisions to the United States–Thailand Joint Statement on Reciprocal Trade
• Strengthening Control over Illegal Foreign Employment in Thailand
• White Collar Crime: Systematic Manipulation and Fraud in the Stock Case
• U.S. Multinationals and the OECD Pillar Two Framework: The Side-by-Side Safe Harbor
• Thailand’s New Import Duty Framework for Low-Value Goods: A Policy Shift Toward Competitive Neutrality

Ministry of Finance Proposes Deduction Ceiling to Strengthen Revenue Collection

The Ministry of Finance is developing comprehensive tax reforms, including the introduction of a ceiling on personal income tax deductions. This measure is designed to enhance transparency, improve revenue collection efficiency, and strengthen long-term fiscal sustainability. The revised deduction framework is anticipated to take effect in Fiscal Year 2026.

Current Tax Deduction Framework

Under Thailand’s current personal income tax regime, taxpayers may claim various deductions to reduce their taxable income. Key deduction categories include:

• Personal Allowance – A standard deduction available to all taxpayers to reduce taxable income.
• Spouse Allowance – A deduction for taxpayers whose spouse has no income, aimed at reducing the household tax burden.
• Child Allowance – A deduction for dependent children to alleviate family tax obligations.
• Insurance Deduction – Premiums paid for life insurance, health insurance, or social security contributions may be deducted, encouraging financial protection.
• Investment Deduction – Contributions to approved retirement or savings schemes, such as Provident Funds or Retirement Mutual Funds (RMFs), can reduce taxable income and promote long-term financial planning.
• Charitable Donation Deduction – Donations made to government-approved charitable organizations are deductible, encouraging philanthropic contributions.

Rationale for Reform

The Ministry of Finance is pursuing reform in response to the substantial level of deduction claims in Thailand. Many taxpayers utilize all available deductions, with total amounts exceeding one million baht per person, including RMF contributions, SSF, life insurance, parental support allowances, personal allowances, and other items.

The widespread utilization of these deductions has materially reduced the taxable base, thereby constraining government revenue. Imposing a deduction ceiling is expected to address this issue while preserving the equity and transparency of the tax system.

Implementation Timeline

The framework for imposing a deduction ceiling is expected to be finalized by November 2025. However, the reform will not apply to the 2025 tax year (filed in 2026) due to the requirement for legislative amendments. The new deduction limits are anticipated to apply from the 2026 tax year onward (filed in 2027).

Other Tax Categories

For other tax categories, including corporate income tax, petroleum income tax, specific business tax, import VAT, and property tax, no specific reform measures have been announced to date. These taxes will continue to operate under the existing legal framework. Taxpayers are advised to monitor official communications for any potential future amendments.

Conclusion

The proposed deduction ceiling is intended to address excessive deduction utilization that has reduced the taxable base and constrained government revenue. This reform aims to promote transparency, reinforce fiscal discipline, and support long-term revenue sustainability. Other taxes, including corporate income tax, petroleum income tax, specific business tax, import VAT, and property tax, remain under the current regulatory framework. Collectively, these measures are expected to enhance tax collection efficiency and contribute to a more stable and sustainable fiscal system.

Author: Panisa Suwanmatajarn, Managing Partner.

Other Articles

• Corporate Income Tax Exemption for Investment in Large Commercial Electric Vehicles in Thailand
• Legal Update: Recent Revisions to the United States–Thailand Joint Statement on Reciprocal Trade
• Strengthening Control over Illegal Foreign Employment in Thailand
• White Collar Crime: Systematic Manipulation and Fraud in the Stock Case
• U.S. Multinationals and the OECD Pillar Two Framework: The Side-by-Side Safe Harbor
• Thailand’s New Import Duty Framework for Low-Value Goods: A Policy Shift Toward Competitive Neutrality

Tax Obligations and Compliance for Foreign Residents in Thailand

Under Thailand’s taxation framework, foreign individuals residing in the country are subject to specific tax obligations, particularly when they are also liable for taxation in other jurisdictions. This article provides a comprehensive overview of the Thai tax system for individuals residing in Thailand for 180 days or more, including the requirements for filing tax returns, allowable deductions, the application of Double Taxation Agreements, and penalties for non-compliance.

Tax Residency and Taxable Income in Thailand:

According to Thai tax law, an individual who resides in Thailand for a cumulative period of 180 days or more within a calendar year (1 January to 31 December) is classified as a “tax resident of Thailand.” Tax residents are subject to Personal Income Tax (PIT) on the following categories of income:

1. Income Derived from Sources Within Thailand:
Such income is taxable regardless of whether it is paid within Thailand or abroad.

2. Foreign-Sourced Income:
Such income is subject to Thai PIT if it is earned on or after 1 January 2024 and remitted to Thailand in any year. However, foreign-sourced income earned prior to 1 January 2024 is exempt from Thai PIT, even if remitted to Thailand on or after 1 January 2024.

Tax Return Filing Requirements:

Thai tax residents who earn income from sources within Thailand or who remit foreign-sourced income to Thailand (as described above) are required to file a tax return with the Thai Revenue Department within 31 March of the following year for the preceding calendar year’s income.

Deductions and Allowances:

Not all income is subject to taxation, as certain types of income are exempt, including severance pay up to a specified amount, retirement benefits, and bank interest that has already been withheld at source. Additionally, taxpayers may claim deductions for various expenses based on the type of income received.

Double Taxation Agreements (DTAs) and Tax Credits:

To mitigate the risk of double taxation, Thailand has entered into DTAs with various countries. These agreements aim to prevent income from being taxed in both Thailand and the country where it was earned. Foreign residents subject to Thai PIT may be eligible for either a tax exemption or a foreign tax credit, depending on the provisions of the applicable DTAs and the type of income involved.

Penalties for Non-Compliance:

Failure to comply with the above requirements results in fines and surcharges.

Conclusion:

Foreign residents in Thailand who meet the 180-day residency threshold must carefully navigate their tax obligations to ensure compliance with Thai tax law. This includes understanding the scope of taxable income, both from Thai and foreign sources, fulfilling tax return filing requirements, leveraging allowable deductions and DTAs benefits, and adhering to deadlines to avoid penalties. By maintaining accurate records and submitting properly certified documentation, taxpayers can effectively manage their tax liabilities and ensure compliance with the Thai Revenue Department’s regulations. 

Author: Panisa Suwanmatajarn, Managing Partner.

Other Articles

• Corporate Income Tax Exemption for Investment in Large Commercial Electric Vehicles in Thailand
• Legal Update: Recent Revisions to the United States–Thailand Joint Statement on Reciprocal Trade
• Strengthening Control over Illegal Foreign Employment in Thailand
• White Collar Crime: Systematic Manipulation and Fraud in the Stock Case
• U.S. Multinationals and the OECD Pillar Two Framework: The Side-by-Side Safe Harbor
• Thailand’s New Import Duty Framework for Low-Value Goods: A Policy Shift Toward Competitive Neutrality