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Sharing Economy: Modernizing Thailand’s Accommodation Legislation for Evolving Tourism Trends

The tourism industry in Thailand has undergone significant transformation in recent years, driven by economic shifts and evolving consumer preferences. Previously dominated by mass tourism, the sector is now witnessing a surge in niche tourism categories, including luxury tourism, creative tourism, slow tourism, solo tourism, medical and wellness tourism, and sports tourism. This shift has fueled steady growth in Thailand’s tourism market, with small-scale accommodations such as homestays, tents, campsites, and rafts gaining popularity. Concurrently, technological advancements have revolutionized how consumers access and book accommodations, with platforms such as Airbnb, Booking.com, and Agoda facilitating seamless transactions. To address these changes and support the burgeoning accommodation sector, the Thai government is drafting the Accommodation Act B.E. ….(“Accommodation Act”), which aims to modernize and streamline legislation governing accommodation businesses. This article outlines the key provisions of the draft legislation and its implications for the industry.

Redefining “Hotel” as “Accommodation”

The existing Hotel Act B.E. 2547 (2004) defines a “hotel” as a permanent structure with comprehensive public utilities, operated for profit. This restrictive definition excludes many contemporary accommodation types, such as homestays, tents, rafts, hostels, and other non-traditional lodging options, rendering them unable to obtain legal licenses. As a result, many such businesses operate outside the regulatory framework. The draft Accommodation Act introduces a broader and more inclusive term, “accommodation,” defined as any establishment providing temporary lodging to travelers or individuals for payment or monetary benefit. This redefinition encompasses all forms of lodging, including traditional hotels, and enables these businesses to obtain legal recognition and licensing while retaining the term “hotel” within the legislative framework.

Categorization of Accommodations

To accommodate the diverse range of lodging options, the draft bill introduces three distinct categories of accommodation, each with specific regulatory requirements:

1.  Accommodation Requiring Notification: This category includes small-scale establishments with no more than eight rooms and a capacity of up to 30 guests, as well as alternative lodging types such as homestays, tents, campsites, rafts, and mobile homes. Operators in this category must notify the registrar prior to commencing operations. This provision is designed to support small-scale entrepreneurs and legalize popular, non-traditional accommodation types.

2.  Accommodation Requiring Registration: This category applies to mid-sized establishments, such as hotels with more than eight but no more than 40 rooms, and condominium units rented for short-term stays (less than one month). These businesses must register with the registrar before operating.

3.  Accommodation Requiring a License: This category encompasses larger establishments, such as hotels with more than 40 rooms, which must obtain a formal license before beginning operations.

These categories ensure that regulatory requirements are proportionate to the scale and nature of the accommodation, fostering compliance while supporting diverse business models.

Streamlining Business Operations

The draft Accommodation Act prioritizes operational efficiency for accommodation businesses. It introduces an electronic licensing and registration system to simplify administrative processes. Additionally, the legislation proposes a “Super License” system, which consolidates multiple regulatory requirements into a single license. This innovation reduces administrative burdens and redundancies, enabling entrepreneurs to focus on business development while maintaining compliance with safety and operational standards.

Addressing Gaps in Current Legislation

The Hotel Act B.E. 2547 (2004), which currently governs many accommodation businesses, is outdated and does not account for the diversity of modern lodging options. Small-scale accommodations, tents, homestays, and rafts often lack the full amenities required under the existing law, leaving them unregulated and vulnerable to legal ambiguities. The draft Accommodation Act addresses this gap by providing a comprehensive regulatory framework that encompasses all types of lodging while maintaining high safety standards for guests. This legislative update aligns with contemporary consumer demands and the growing influence of online booking platforms, ensuring that Thailand’s accommodation sector remains competitive and responsive to market trends.

Key Takeaways

•  The draft Accommodation Act modernizes Thailand’s regulatory framework to accommodate the evolving tourism industry, particularly the rise of niche and small-scale accommodations.

•  The introduction of the term “accommodation” replaces the restrictive “hotel” definition, enabling legal recognition and licensing for diverse lodging types.

•  Three distinct categories—notification, registration, and licensing—cater to different scales and types of accommodation businesses, promoting compliance and flexibility.

•  The electronic licensing system and “Super License” initiative streamline administrative processes, supporting entrepreneurs and reducing operational redundancies.

•  By addressing gaps in the Hotel Act B.E. 2547 (2004), the new legislation ensures safety standards and aligns with modern consumer preferences and technological advancements in booking platforms.

Author: Panisa Suwanmatajarn, Managing Partner.

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Investment: Government Advances 99-Year Property Lease Law to Boost Investment

The Thai government is accelerating efforts to amend the Right-Based Property Act B.E. 2562 (2019), aiming to extend the lease term for real estate from 30 years to 99 years. This legislative push is designed to attract foreign investment, stimulate economic growth, and support key national policies such as the “Housing for Thais” initiative, the Land Bridge project, and land reclamation efforts. The proposed law introduces a novel legal concept known as “right-based property”, which offers a framework for long-term property leases while ensuring assets revert to state ownership after the lease term expires. This article explores the objectives of the law, the significance of right-based property, and its anticipated economic impact.

Understanding Right-Based Property:

Right-based property, as defined under the Right-Based Property Act B.E. 2562 (2019), is a new category of property introduced to enhance the economic utility of real estate in Thailand. According to the Civil and Commercial Code, “property” refers to tangible objects, while “assets” encompass both tangible and intangible items that hold economic value and can be legally possessed. Real estate, or immovable property, includes land, structures permanently affixed to it, and associated property rights. Movable property covers all other assets, including related rights.

Right-based property, however, is a distinct legal construct that refers to the right to use and benefit from immovable property for a specified period, as stipulated in the Right-Based Property Act B.E. 2562 (2019). Unlike traditional leases under the Civil and Commercial Code, which are limited to contractual rights between parties, right-based property can be transferred, inherited, or used as collateral for debt through mortgaging. This makes it a more flexible and economically viable instrument for long-term investment.

To establish right-based property, the owner of immovable property, such as titled land, land with buildings, or condominium units, must apply to the relevant authority, typically the Land Department. The application requires the submission of documents specifying the lease term, which is currently capped at 30 years but proposed to be extended to 99 years. Once registered, a certificate of right-based property is issued, and the property cannot be subdivided or merged with other parcels during the lease term. Any modifications, such as new constructions, revert to the original property owner upon the lease’s expiration, unless otherwise agreed.

Government’s Push for 99-Year Leases:

The Thai government is prioritizing the amendment of the Right-Based Property Act B.E. 2562 (2019) to extend the maximum lease term to 99 years. The amendment aims to remove legal barriers to foreign investment, encourage large-scale real estate projects, and attract high-income individuals and skilled professionals to Thailand.

The government anticipates that the extended lease term will support transformative projects, including:

an aerial view of a large warehouse with trucks

1.  Land Bridge Project: A mega-infrastructure initiative to connect the Gulf of Thailand and the Andaman Sea, fostering trade and logistics.

2.  Land Reclamation: Private-sector-led coastal reclamation projects to create new investment zones, with long-term leases incentivizing participation.

3.  Housing for Thais: Affordable urban housing schemes integrated with reduced public transport costs (e.g., 20-baht flat-rate fares) to lower living expenses for middle-income Thais.

4.  Green Energy Initiatives: Long-term land leases for projects like solar farms, particularly in the Northeast, to produce affordable electricity (estimated at 3 baht per unit) for economic hubs like Bangkok and data centers.

5.  Talent Hub Development: Attracting high-skilled global professionals by offering long-term property rights, enhancing Thailand’s appeal as a destination for talent.

Economic and Legal Implications:

The proposed law is expected to yield significant economic benefits while addressing legal loopholes. Key advantages include:

•  Increased Foreign Investment: The 99-year lease term aligns Thailand with countries like the United Kingdom, where leases can extend up to 99 years. This makes Thailand more competitive in attracting foreign investors for high-end real estate projects, such as luxury hotels, office buildings, and residential complexes. The influx of capital is expected to stimulate economic activity without funds leaving the country.

•  Enhanced Transparency: The law aims to curb illegal practices, such as the use of Thai nominees to bypass foreign ownership restrictions. By requiring assets under the right-based property scheme to be managed by the Treasury Department and revert to state ownership after 99 years, the government ensures national control over land resources, refuting claims of “selling out” the country.

•  Support for Diverse Industries: Beyond real estate, the law facilitates long-term investments in sectors like international education (e.g., foreign ownership of international schools) and financial hubs, fostering economic diversification.

•  Addressing Demographic Challenges: With Thailand’s population projected to decline to 37 million within 50 years, the law seeks to attract high-skilled foreign workers to bolster economic growth. The extended lease term provides the stability needed to encourage long-term residency.

Safeguards and Conditions:

To address concerns about national sovereignty, the government has incorporated safeguards into the proposed law. Notably, assets under the right-based property scheme will transfer to the Treasury Department upon lease expiration, becoming part of the nation’s sovereign wealth. Agricultural land is explicitly excluded from the program to protect food security and rural livelihoods. Additionally, any property encumbered by mortgages or other rights requires consent from relevant parties before entering the right-based property scheme.

Legislative Timeline:

The government is fast-tracking the amendment process, aiming for parliamentary approval and enactment by 2025.

Conclusion:

Thailand’s push to extend property lease terms to 99 years through the Right-Based Property Law represents a strategic effort to unlock economic potential, attract global investment, and support transformative national projects. By introducing the concept of right-based property, the government offers a flexible, legally robust mechanism to enhance the economic utility of real estate while safeguarding national interests. If enacted as planned in 2025, this law could position Thailand as a leading destination for foreign capital and talent, driving sustainable economic growth in the face of demographic and global challenges.

Author: Panisa Suwanmatajarn, Managing Partner.

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Amendments to Thailand’s Act on National Competitive Enhancement: Aligning with OECD’s Global Minimum Tax

Background

The Act on National Competitive Enhancement for Targeted Industries B.E. 2560 (A.D. 2017) (the “Act“) was published in the Royal Gazette and became effective on 14 February 2017. The Act’s primary objective is to promote investment in targeted industries and enhance Thailand’s national competitiveness, with the overarching goal of transitioning the country beyond middle-income status. Under the Act, eligible targeted industries must either be newly introduced to Thailand or utilize new technologies or advanced production processes that contribute to the development and promotion of innovation.

Purpose of the Amendment

The Thai government has recently announced its intention to amend the Act to align the country’s legislative framework with the tax policy principles established by the Organization for Economic Co-operation and Development (OECD). In this regard, a draft Royal Decree has been issued to amend the Act on National Competitive Enhancement for Targeted Industries (No. …), B.E. …. (the “Draft Act“).

The proposed amendments aim to align Thailand’s legal framework with international tax standards in the digital economy, particularly those developed under the OECD’s Base Erosion and Profit Shifting (BEPS) 2.0 Pillar Two initiative—commonly referred to as the Global Minimum Tax (GMT).

Under BEPS 2.0 Pillar Two, multinational enterprise (MNE) groups with consolidated annual revenues of at least EUR 750 million (approximately THB 28 billion) are subject to a minimum effective tax rate (ETR) of 15% on their profits in each jurisdiction. If a subsidiary in any given jurisdiction is subject to an ETR below this threshold, a top-up tax may be levied by the jurisdiction of the ultimate parent entity or another qualifying group entity, pursuant to the OECD’s Model Rules.

In response to these global developments, Thailand is recalibrating its investment incentives regime to ensure continued competitiveness while maintaining compliance with emerging international tax obligations.

intermodal container stacked on port

Key Proposed Amendments

The key proposed amendments include:

  1. Granting of Tax Credit Rights and Benefits – Definitions are introduced for “Tax Credit,” “Remaining Tax Credit,” and “Tax Credit Refund.” The proposed amendments allow promoted entities to utilize tax credits instead of direct tax payments.
  2. Refund of Remaining Tax Credits – The Policy Commission may consider granting refunds for unused tax credits to promoted entities, subject to the availability of funds and limited to the remaining tax credit balance.
  3. Revocation of Tax Credit Rights and Benefits – If the Policy Commission revokes a promoted entity’s tax credit rights and benefits, the entity will forfeit all entitlement to tax credits for the relevant accounting period. Applicable tax laws will then be enforced accordingly.
  4. Inter-Agency Data Coordination – For purposes of investment promotion and evaluation, the Board of Investment (BOI) may request relevant tax collection data from the Ministry of Finance.
  5. Transitional Provision – If deemed necessary, the Policy Commission may authorize the retroactive application of tax credit rights and benefits to qualifying investments or expenditures incurred from 1 January 2025.

Current Status

The BOI serves as the principal agency responsible for the proposed legislative amendments, which are currently subject to a public consultation process taking place from 4 July to 18 July 2025.

Given the significant impact of tax credit utilization on government revenue and its relevance to the public interest, it is essential that the granting and use of tax incentives strictly adhere to the policies established by the National Policy Commission. Regulation through a structured permit or licensing system is necessary to maximize national development benefits, particularly in research and development (R&D), innovation, and the development of specialized talent in targeted industries.

Conclusion

Thailand’s adoption of the OECD’s GMT framework through the proposed legislative amendments underscores the country’s commitment to international tax cooperation while preserving its appeal as an investment destination. The introduction of the Qualified Refundable Tax Credit (QRTC) mechanism represents a strategic effort to foster innovation-led growth and align tax incentives with national economic and industrial priorities.

These reforms reflect Thailand’s broader objective of establishing itself as a regional hub for high-value, innovation-driven industries and as a responsible leader in economic development. The Draft Act is currently subject to a public hearing process, the outcome of which will be instrumental in determining the final shape of the legislation. As Thailand progresses toward implementation, sustained policy oversight and active engagement with stakeholders will be critical to ensuring the success and effectiveness of this landmark tax reform.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand’s Entertainment Complex Bill: Legal Innovation Meets Political Reality

The draft Entertainment Complex Bill represented Thailand’s strategic legislative initiative to establish the country as a regional tourism and entertainment hub through the regulated legalization of casino operations. As detailed in our initial analysis, “Thailand Unveils Draft Entertainment Complex Bill: A Path to Casino Legalization,” this proposal sought to attract substantial foreign investment, enhance tourism revenue, and curtail illegal gambling activities through a comprehensive regulatory framework that integrated casino facilities within large-scale entertainment complexes featuring hotels, shopping centers, stadiums, and gaming venues.

However, as documented in our subsequent report, “Updated: Thailand Unveils Draft Entertainment Complex Bill,” the legislation encountered significant obstacles that ultimately led to its withdrawal from the parliamentary process on July 9, 2025. This development demonstrates the complex interplay between economic policy objectives, public sentiment, and political feasibility in Thailand’s legislative environment.

Legislative Framework and Economic Projections

Original Policy Architecture

The Entertainment Complex Bill was structured to legalize casino operations exclusively within fully licensed entertainment venues, requiring comprehensive integrated facilities including hotels, shopping centers, stadiums, and gaming centers. The legislation established stringent entry requirements, mandating applicants to register Thai companies with a minimum paid-up capital of THB 10 billion.

The framework incorporated specific access controls for Thai citizens, including a THB 5,000 per-visit admission fee and mandatory fixed deposit requirements, alongside comprehensive financial and background verification procedures. Government projections estimated the initiative would generate over THB 100 billion in investment, increase annual tourism revenue by 5-10 percent, and produce between THB 12-40 billion in annual tax revenue while simultaneously reducing illegal gambling activities.

Political Trajectory and Opposition

Despite receiving Cabinet approval in January 2025, the Bill encountered substantial resistance from civil society organizations, religious groups, political instability and the general public. On July 8, 2025, the Cabinet formally withdrew the legislation from Parliament’s consideration agenda, characterizing the action as a deferral for additional public consultation rather than permanent abandonment. However, the indefinite nature of this delay has raised questions regarding the bill’s long-term viability.

Future Legislative Considerations

While the draft has been withdrawn, the possibility of reintroduction remains viable. Government officials have indicated that the bill may be reconsidered during future legislative sessions once political conditions stabilize and a broader public consensus is achieved. No specific timeline has been established, though the issue is expected to remain on the national policy agenda.

Analysis and Implications

Balancing Economic Innovation with Social Responsibility

The Entertainment Complex Bill exemplified Thailand’s attempt to pursue strategic legal reform aimed at modernizing its tourism sector while establishing controlled regulatory frameworks for casino operations. Although the legislation possessed sound economic rationale, its social and political foundations proved insufficiently robust to withstand public scrutiny and political volatility.

The government’s decision to defer the bill reflects the imperative to carefully balance legislative objectives with public concerns and democratic accountability. This case underscores the critical importance of inclusive policy dialogue and precise legal frameworks in complex regulatory environments.

Recommendations for Future Policy Development

Future attempts to reintroduce similar legislation must prioritize several key elements:

Stakeholder Engagement: Comprehensive consultation with diverse societal groups, including religious organizations, civil society, and economic stakeholders, must precede legislative drafting to ensure broad-based support.

Regulatory Precision: Enhanced specificity in regulatory frameworks, particularly regarding social safeguards, taxation mechanisms, and oversight structures, will be essential for building public confidence.

Political Stability: Successful passage will require stable political conditions and coalition support to navigate the legislative process effectively.

Public Education: Transparent communication regarding economic benefits, social protections, and regulatory mechanisms will be crucial for building public understanding and acceptance.

Conclusion

The Entertainment Complex Bill’s withdrawal illustrates the complex dynamics inherent in Thailand’s legislative process, where economic innovation must be carefully balanced against social considerations and political realities. While the bill’s economic merits were substantial, its social and political foundations required further development to ensure successful implementation.

This experience demonstrates that sustainable legal reform in Thailand requires not only sound economic policy but also robust public engagement, political consensus, and comprehensive regulatory frameworks. Future efforts to advance similar legislation must prioritize inclusive dialogue, precise legal mechanisms, and broad-based stakeholder support to achieve lasting success.

The case ultimately reinforces the principle that effective governance requires harmonizing economic innovation with social responsibility, ensuring that policy development is both economically viable and socially sustainable. Only through such consensus-driven approaches can Thailand successfully navigate the complex intersection of legal reform, economic development, and democratic accountability.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand’s BOI 2025: Driving Sustainability and Local Content in EVs and Industry through Strategic Incentives

Thailand’s Board of Investment (BOI) is advancing transformative policies to modernize the nation’s economy by promoting sustainability, enhancing local value creation, and strengthening global competitiveness. At its meeting on June 27, 2025, chaired by the Deputy Prime Minister, the BOI approved three key strategic initiatives:

1. Promotion of Local Content Utilization

To promote and increase the utilization of local content in the electric vehicle (EV) and electrical appliance industries, the projects that satisfy the following local content thresholds will be eligible for an additional 50% reduction in corporate income tax (CIT) for a period of two years under this scheme:

  • BEVs and Electrical Appliances: The use of local components must exceed 40% of the total component value.
  • PHEVs: Local content must exceed 45% of the total component value.
  • EV Parts: Local raw materials usage must exceed 15% of the total raw material value.

In all cases, the products must be certified as “Made in Thailand” (MiT) by the Federation of Thai Industries (FTI).

2. Improvement of Conditions for Light Industrial Businesses and Certain Activities with Environmental Impacts

To ensure fair competition and support the development of domestic industries, the BOI has introduced new regulations requiring certain manufacturing sectors—specifically, the production of furniture and components, bag manufacturing, and printing—to maintain a minimum of 51% Thai ownership. This requirement does not apply to the projects located within Special Border Economic Zones.

In parallel, to reinforce environmental protection and community well-being, the BOI has strengthened regulatory conditions for industries identified as having significant environmental or social impacts. These include, but are not limited to, metal processing, chemical manufacturing, and industrial plastics production. The projects in these categories will no longer be eligible for land ownership rights and must be situated within designated industrial estates, which are subject to heightened regulatory oversight. These revised conditions will apply to all applications submitted on or after September 1, 2025.

factory worker reading the manual

3. Comprehensive Monitoring and Tracking of All Stages of the Investment Promotion Process

To strengthen enforcement, the BOI has established a “Special Audit Team” to closely monitor that projects at risk of violating conditions or misusing incentives. High-risk sectors under special scrutiny include tire manufacturing, solar cells, metal products, bags, and furniture.

Major Project Approvals

The BOI has approved two major projects worth a combined THB 28.64 billion which are a Tier 3 Data Center by Stratus Technology in Rayong (THB 23.69 billion), and an expansion of air transportation services by Thai VietJet Air (THB 4.96 billion), featuring six new aircraft to boost Thailand’s role as a regional aviation hub.

Conclusion

By combining significant infrastructure investments with local content incentives and targeted tax relief, the BOI is guiding Thailand toward sustainable industrial growth focused on domestic value creation and supply chain strengthening. As the BOI evolves from gatekeeper to integrator of investment flows, businesses and legal advisers must closely align with its updated compliance and certification requirements to capitalize on these strategic opportunities.

Author: Panisa Suwanmatajarn, Managing Partner.

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Closing Nominee Loopholes: Thailand’s Legal Reform to Safeguard Property Ownership

On 24 June 2025, the Cabinet formally acknowledged the “Findings and Recommendations of the Ombudsman Regarding the Ownership or Possession of Land or Real Estate by Nominees Acting on Behalf of Foreigners.” These recommendations were submitted in response to growing concerns over the circumvention of land ownership laws by foreign nationals through the use of Thai nominees.

This initiative follows the discovery of widespread land and property acquisitions by foreign nationals, raising significant concerns regarding national security, economic stability, and equality of opportunity for Thai citizens. In numerous instances, foreigners have circumvented legal restrictions by utilizing Thai nominees to bypass requirements such as marriage to Thai citizens, land ownership through Thai children, long-term leases, and company structures that disguise actual control.

One prevalent mechanism involves establishing a Thai-registered legal entity that appears to be locally owned but is ultimately controlled by foreign interests through nominee shareholders or preference shares. This practice not only undermines the intent of existing legislation but also contributes to rising land prices, thereby reducing accessibility for Thai nationals—particularly in high-demand areas such as Bangkok and Chiang Mai.

Key Recommendations

1. Department of Business Development (DBD)

The DBD has been designated to play a central role in preventing and monitoring nominee arrangements, particularly in legal entities with foreign shareholding:

  1. System Development
  • Developing an AI-driven system to process and analyze corporate data to identify high-risk juristic persons potentially acting as nominees.
  1. Amendment to the Foreign Business Act B.E. 2542 (1999) (FBA) to include:
  • A broader definition of “foreigner” to encompass those exercising control or management through Thai nominees.
  • Clear definitions of “nominee” and “disguised transaction” to cover indirect ownership and concealed financial or property dealings.
  • Explicit inclusion of both direct and indirect shareholding in regulatory scrutiny, with enhanced qualifications for the 51% Thai shareholders.
  • Classification of legal entities controlled through preference shares as foreign juristic persons.
  • Updated requirements for registered capital, including mandatory submission of evidence demonstrating actual payment (e.g., bank statements) to prevent false declarations.
  • Designation of FBA violations as predicate offenses under the Anti-Money Laundering Act, enabling asset seizure during investigations.
  • Granting the DBD investigative and arrest powers in nominee-related offenses.
peaceful coast washed by calm water of endless ocean

2. Department of Lands

  1. Enforcement Guidelines
  • Issuance of clear enforcement guidelines and their widespread circulation to prevent land ownership by foreign nationals through nominee arrangements.
  1. Amendments to the Land Code to:
  • Increase penalties for foreigners violating land ownership laws.
  • Forfeit unlawfully held land to the state without compensation to the foreign holder.

3. Lawyers Council of Thailand

  1. Code of Ethics
  • Introduction and enforcement of a binding code of ethics that prohibits legal professionals from advising on or facilitating nominee structures.
  1. Professional Conduct Rules
  • Establishment of professional conduct rules to ensure lawyers do not support arrangements that bypass foreign ownership restrictions.

Implementation Framework

The Ministry of Commerce has been designated as the principal agency to deliberate on this matter in collaboration with relevant agencies and to submit the outcome of such deliberations to the Cabinet Secretariat within 30 days for further consideration by the Cabinet.

The Cabinet has acknowledged the Ombudsman’s findings and recommendations, directing the Ministry of Commerce to conduct a comprehensive review of the issue. The Ministry of Commerce will collaborate with 13 other agencies, including Ministry of Finance, Ministry of Agriculture and Cooperatives, Ministry of Natural Resources and Environment, Ministry of Interior, Ministry of Justice, Ministry of Labor, Ministry of Industry, Board of Investment, Royal Thai Police, Anti-Money Laundering Office, Internal Security Operations Command and Bank of Thailand.

This joint effort aims to reach a definitive resolution within 30 days, with the Ministry of Commerce responsible for submitting a summary of its findings, actions taken, and overall recommendations to the Cabinet Secretariat for further consideration.

Conclusion

The Cabinet’s recognition of the Ombudsman’s findings represents a crucial step in addressing a long-standing loophole in Thailand’s property ownership regulations. While foreign investment remains vital to Thailand’s economy, the misuse of nominee structures has distorted the property market and undermined legal integrity. The lack of unified enforcement and ambiguous legal definitions have limited the government’s ability to effectively regulate foreign participation in land ownership.

With a whole-of-government approach now underway, Thai authorities aim to restore fairness, uphold legal safeguards, and ensure that land and property ownership align with national interests. The forthcoming recommendations from the Ministry of Commerce and its partner agencies will be decisive in shaping future land policies and enforcement mechanisms.

Author: Panisa Suwanmatajarn, Managing Partner.

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Proposed Amendments to Company Registration Rules: Addressing Foreign Investment and Nominee Structures

The registration of companies in Thailand involving foreign nationals as shareholders or authorized directors is currently governed by Order No. 205/2555 of the Central Partnership and Company Registration Office: Re Criteria and Supporting Documents Required for the Registration of Partnerships and Limited Companies in Cases Involving Foreign Investment or Authorized Persons (the “Existing Order“).

This regulatory framework is designed to verify the legitimate financial standing of such entities by mandating bank certification that confirms both the Thai shareholder’s nationality and financial capacity, supplementing standard registration documentation requirements.

Background and Rationale

Thailand has encountered persistent challenges concerning the utilization of nominee shareholders, Thai nationals serving as proxies for foreign investors, across diverse business sectors. This practice demonstrates particular prevalence in tourism, hospitality services, real estate development, and construction industries, presenting substantial risks to the nation’s economic integrity and national security framework.

In recognition of these concerns, the Ministry of Commerce has identified the necessity for enhanced regulatory oversight governing the registration of partnerships and limited companies involving foreign participation.

Proposed Regulatory Framework

To address these challenges comprehensively, the Draft Order No. [..] issued by the Central Partnership and Company Registration Office: Re Criteria and Supporting Documents for the Registration of Partnerships and Limited Companies (the “Draft Order“), has been developed to supersede the Existing Order.

The Draft Order is strategically designed to prevent the misuse of Thai nominees to obscure foreign ownership structures in Thai business operations. Consequently, the Draft Order establishes more rigorous documentation requirements compared to the current regulatory framework.

three people sitting beside table

Key Provisions of the Draft Order

1. Enhanced Documentation Requirements

Where foreign investors constitute joint investors or serve as authorized signatory individuals empowered to legally bind partnerships or limited companies, registration applicants must submit comprehensive supporting documentation for each Thai partner or shareholder concurrent with the registration application.

2. Source of Investment Capital Verification

Registration applicants must provide substantive evidence of the legitimate source of investment funds for Thai shareholders or partners through submission of one of the following documents:

  • Financial Institution Certification: Bank certification issued by a Thai financial institution verifying the Thai shareholder’s financial standing and capacity;
  • Banking Transaction Records: Copies of the shareholder’s bank statements demonstrating account activity over the preceding six-month period;
  • Tax Documentation: Copies of the shareholder’s income tax returns (individual or corporate, as applicable); or
  • Alternative Documentation: Other relevant documents that adequately demonstrate the legitimate source and nature of investment funds.

Public Consultation Process

The Draft Order is currently subject to public consultation to solicit comprehensive feedback from relevant stakeholders and the broader business community. Following the conclusion of the consultation period, the Department of Business Development will conduct a thorough review and finalize the Draft Order to ensure its alignment with contemporary business practices and regulatory requirements, with implementation scheduled to occur upon completion of the review process.

Conclusion and Strategic Impact

The Draft Order constitutes a substantial advancement in regulatory oversight, designed to enhance transparency and eliminate the misuse of Thai nominee structures in business registrations involving foreign investment. Through the implementation of comprehensive documentation requirements and strengthened regulatory supervision, the Draft Order seeks to ensure that corporate ownership structures accurately reflect legitimate investment activities and maintain full compliance with Thai legal requirements.

Upon final adoption and implementation, this regulatory enhancement is anticipated to strengthen investor confidence while simultaneously protecting Thailand’s economic sovereignty and national security interests. The measure represents a balanced approach to foreign investment regulation, promoting legitimate business activities while preventing circumvention of existing ownership restrictions.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand Strengthens Global Trade Strategy to Boost Exports and Navigate Global Challenges

Thailand’s Ministry of Commerce recently convened a high-level policy briefing for directors of the Department of International Trade Promotion (DITP) offices across 58 countries. The meeting brought together the Thai Ambassador and Permanent Representative to the World Trade Organization (WTO), the Ambassador for Commercial Affairs, provincial commercial officers from various regions throughout Thailand, and more than 200 participants, including private sector representatives.

The meeting’s primary objective was to enhance inter-agency coordination and adopt a more proactive approach to implementing government trade policies. It also sought to strengthen collaboration between Thai trade officials stationed abroad and the private sector, with particular emphasis on accelerating export growth in the second half of the year. This initiative responds to ongoing global economic uncertainty and emerging challenges, including tariffs imposed by the United States. Despite these obstacles, the government remains optimistic that Thailand’s export sector will achieve growth exceeding 4% by 2025.

Strategic Market Focus

Trade envoys from around the world presented targeted strategies designed to enhance trade opportunities in five key markets:

  1. The United States
  2. India
  3. The Middle East
  4. ASEAN
  5. China
a close up shot of people in agreement

10-Point Policy Framework: “Turning Crisis into Opportunity”

  • Strengthening Export Momentum – The framework capitalizes on Thailand’s consistent export growth to maintain positive economic momentum.
  • Advancing Trade Negotiations – The government is accelerating key Free Trade Agreement negotiations and addressing trade barriers, particularly with the European Union and the United States.
  • Boosting Agricultural Trade – Officials are managing domestic agricultural challenges while opening new markets for key products.
  • Leveraging Soft Power – Thailand is promoting its culture and cuisine through the rebranded Thai SELECT initiative.
  • Seamless Integration – The strategy enhances coordination between provincial and international trade offices for unified trade promotion.
  • Engaging the Private Sector – The government is working closely with businesses to co-develop export strategies and build confidence.
  • Proactive Communication – The Ministry is increasing public awareness of its role and achievements in global trade.

Key Initiatives and Forward Strategy

  • Value-Added Agriculture: Thailand is among the few countries capable of using cassava to produce pharmaceutical capsules, an innovation that could increase the value of agricultural products by more than 100-fold.
  • Expanding Market Reach: The government is targeting new markets in the Middle East and ASEAN while relaunching the Thai SELECT brand with a one-to-three-star rating system, similar to the Michelin Guide, to elevate the global profile of Thai cuisine.
  • Enhanced Collaboration: Trade envoys and provincial commerce offices have been instructed to work closely together, strengthen ties with the private sector, and proactively communicate the Ministry’s progress and impact to the public and key stakeholders.

Conclusion

Thailand’s Ministry of Commerce is intensifying efforts to boost exports through enhanced coordination, strategic market focus, and effective utilization of soft power. Through clear policies and robust public-private collaboration, the nation aims to convert global challenges into trade opportunities and achieve an export growth rate exceeding 4% this year.

a stack cargo containers

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand’s Board of Investment: Strategic Policy Reforms to Drive Sustainable Economic Growth

On 19 May 2025, Thailand’s Board of Investment (BOI), under the leadership of the Deputy Prime Minister and Minister of Finance, approved comprehensive strategic measures designed to strengthen the competitiveness of Thai Small and Medium Enterprises (SMEs), enhance tourism development in secondary provinces, and optimize support frameworks for data center investments.

Strengthening Thai SMEs for Global Competitiveness

In response to evolving global trade dynamics and uncertainties, particularly those originating from the United States, the BOI has introduced the “Measures to Enhance the Capabilities of Thai Entrepreneurs for the New Global Era“ initiative. This comprehensive program addresses four critical areas:

1. Enhanced SME Efficiency Incentives

The BOI has substantially expanded tax incentives for efficiency improvement projects. Under the revised framework, eligible investments now receive a five-year corporate income tax exemption equivalent to 100% of the investment value, representing a significant improvement from the previous three-year exemption at 50% of investment value. This enhancement is specifically designed to accelerate the adoption of energy-efficient technologies, automation systems, and other productivity-enhancing solutions.

2. Strategic Sector Risk Management

To mitigate oversupply risks and potential trade disruptions, the BOI will cease investment promotion in sectors identified as vulnerable to global oversupply conditions or subject to U.S. trade restrictions. These sectors include solar panel manufacturing, lead-acid battery production, downstream steel products, and specific automotive components.

3. Strengthened Production Requirements

Industries deemed sensitive to potential U.S. trade measures, particularly automotive and electronics sectors, must now demonstrate substantial transformation of raw materials to qualify for export-related tax benefits. This criterion ensures meaningful value addition and enhances compliance with evolving international trade standards.

4. Refined Foreign Employment Framework

Promoted enterprises employing more than 100 workers must maintain a workforce composition of at least 70% Thai nationals. Additionally, minimum salary requirements for BOI visa privileges have been established at THB 150,000 per month for executive positions and THB 50,000 per month for specialist roles. These measures are designed to facilitate knowledge transfer while maintaining optimal labor market balance.

green yellow and pink stained glass

Tourism Development in Secondary Provinces

To advance economic decentralization and cultivate emerging tourism destinations, the BOI has approved enhanced investment incentives for tourism-related projects across 55 designated secondary provinces spanning five regions.

Qualifying investments in facilities such as amusement parks, cultural centers, museums, open zoos, cruise terminals, and electric transportation systems will receive an extended corporate income tax exemption period of eight years, increased from the previous five-year term. Similarly, hotel development projects in these designated areas will benefit from a five-year tax exemption period, extended from the previous three-year framework.

Refined Data Center and Cloud Services Incentives

The BOI has updated its investment promotion criteria for data centers, data hosting, and cloud services to align with technological advancement and maximize economic impact. Projects incorporating cutting-edge technologies such as GPU computing capabilities and meeting established Power Usage Effectiveness (PUE) standards are eligible for corporate income tax exemptions of up to eight years. Standard projects may qualify for exemptions of up to five years.

All applications must include comprehensive Thai workforce development plans, which may encompass collaborative curriculum development with educational institutions, research and development initiatives, SME support programs, and commitments to utilize locally manufactured equipment where feasible.

Strategic Implications

These policy reforms underscore Thailand’s commitment to strengthening its long-term global competitiveness through the creation of a more conducive investment environment, promotion of sustainable economic diversification, and robust support for private sector expansion. The government continues to demonstrate leadership in investment promotion reform, SME development acceleration, foreign investment attraction, and equitable employment opportunity creation for Thai nationals.

These collective initiatives strengthen Thailand’s economic foundation and enhance the country’s resilience for future challenges and opportunities. Investors are encouraged to monitor BOI policy developments closely to optimize their strategic positioning within Thailand’s evolving economic landscape and maximize available investment incentives.

Author: Panisa Suwanmatajarn, Managing Partner.

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Thailand’s Eastern Economic Corridor: Regulatory Framework and Investment Opportunities

Recent Regulatory Developments

On March 21, 2025, the Eastern Economic Corridor (“EEC”) Office issued a formal notification detailing the criteria for granting operational permissions to entities seeking to establish a presence within Special Economic Zones (“SEZs”). This regulatory clarification represents a significant advancement in Thailand’s strategic initiative to establish itself as a premier regional hub for high-technology industries, innovation centers, and advanced manufacturing operations.

The EEC, a cornerstone initiative of Thailand’s national development strategy, encompasses the three eastern provinces of Chonburi, Rayong, and Chachoengsao. This economic development zone has been strategically designed to attract substantial foreign direct investment (FDI) and catalyze growth in next-generation industries, including biotechnology, robotics, aerospace engineering, and digital technologies.

Regulatory Framework and Application Process

The recently published notification provides comprehensive regulatory guidance and procedural transparency, enabling both domestic and international investors to navigate the requirements, qualifications, and processes necessary for securing operational approval within the designated zones. This structured framework is expected to enhance investor confidence and streamline the application process, aligning with Thailand’s broader objective of economic transformation and regional competitiveness.

The notification addresses several critical components, including precise definitions, eligibility criteria, required documentation, application procedures, processing timelines, and license issuance protocols. To qualify for consideration, applicants must be either:

  1. A natural person (individual) or a juristic person (legal entity) who is the developer of the Special Economic Zone or the applicant for the establishment of the Special Economic Zone; or
  2. A natural person or juristic person who holds ownership rights, leasehold interests, or subleasehold interests in land within the Special Economic Zone boundaries.

This targeted eligibility framework ensures that permissions are granted exclusively to entities with direct development responsibilities or established legal interests in the designated zones.

an aerial view of a large warehouse with trucks

Strategic Industry Focus

The EEC initiative strategically targets 10 key sectors, organized into two distinct industry clusters as follows:

First S-Curve Industries (59 designated industries) include smart electronics, next-generation automotive manufacturing, biotechnology applications, advanced agricultural technologies, food processing innovations and medical tourism services

New S-Curve Industries (35 designated industries) include robotics and automation, digital platforms and ecosystems, aviation and integrated logistics, biofuels and biochemical development and comprehensive healthcare solutions.

Comprehensive Investor Incentives

Tax Benefits

The EEC framework offers a significantly more comprehensive investment incentive package compared to the traditional Board of Investment (BOI) structure. While both programs provide corporate income tax exemptions and import duty relief, the EEC extends potential tax holidays for up to 15 years. Additionally, the EEC introduces a competitive flat 17% personal income tax rate for qualified foreign professionals, a distinct advantage not available under standard BOI schemes. Further tax benefits include import duty exemptions for research and development equipment and substantial deductions for qualifying investment expenditures, making the EEC particularly attractive for enterprises focused on technological innovation and development.

Non-Tax Incentives

Beyond fiscal benefits, the EEC provides streamlined business establishment processes through its dedicated One-Stop Service Center, expedited permitting procedures, enhanced flexibility in land utilization, including provisions for extended leasehold terms and foreign condominium ownership within EEC zones and specialized visa programs and work permit arrangements designed to attract international talent. These administrative enhancements are specifically designed to minimize regulatory complexities and facilitate efficient market entry for international businesses.

Investment Projections and Opportunities

Current projections indicate that combined government and private sector investment in the EEC will reach approximately THB 1.5 trillion over the next five-year period. Key sectors positioned to benefit from this substantial capital influx include construction, industrial estate development, infrastructure expansion, real estate development, and tourism services.

Beyond purely industrial applications, the EEC presents significant opportunities for residential and commercial real estate development, retail expansion, and urban service provision to accommodate an anticipated growth in skilled workforce populations. As emerging industries establish operations within the corridor, corresponding increases in demand for housing, educational facilities, healthcare services, and retail amenities are expected to materialize.

Conclusion

The EEC Office has established a comprehensive regulatory framework outlining the criteria for operational permissions within Special Economic Zones. Consistent with its commitment to sustainable economic advancement, Thailand is positioning itself as a regional leader in economic transformation by prioritizing innovation-driven industries and optimizing regulatory procedures.

For prospective investors, the EEC offers an integrated one-stop service platform, facilitating seamless access to investment opportunities throughout the region. Furthermore, the EEC provides an extensive range of both tax and non-tax incentives specifically designed to attract and support strategic investment, thereby reinforcing Thailand’s competitive position in the global marketplace.

Author: Panisa Suwanmatajarn, Managing Partner.

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