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Why is Thailand a strategic hub for tax optimization for business people and private clients H&P Herrera and Partners Tax lawyers for private clients in Thailand

Due to the recent war in the Middle east region, many foreign companies, wealthy families and high net worth individuals are looking for a plan B in countries such as Thailand due to the lack of stability in the long term due to the ongoing foreign military aggression in middle east.

Our law firm in Thailand Herrera and Partners H&P have conducted several legal consultations via meetings or videocalls for corporations and private clients regarding legal aspects such as immigration, corporate law and specially taxation in Thailand.

Our lawyers and tax advisers in Thailand have prepared a Questions & Answers Q&A with a brief summary of the relevant aspects of Thai Corporate Tax, Double Taxation agreements signed by Thailand, LTR and tax exemptions for individuals and companies operating in Thailand.

Question: What is the Corporate Income Tax ratio under Thailand Tax Law?

Our answer: Corporate Income Tax Rate under Royal Decree (No. 530) B.E. 2554 (2011) is divided into two cases as follows:

  1. General Companies or Juristic Partnerships
    A flat tax rate of 20% is applied to net taxable profit. This applies to limited companies, public companies, and juristic partnerships that do not qualify as SMEs.
  2. Small and Medium Enterprises (SMEs) – Progressive Rates
    Qualified SMEs are entitled to progressive tax rates, which help reduce the tax burden at lower profit levels:

Net Profit (THB)

Tax Rate

0 – 300,000

Exempt

300,001 – 3,000,000

15%

Above 3,000,000

20%

To qualify as an SME, the business must meet all three conditions as of the end of the accounting period:

  • It is a juristic person incorporated under Thai law
  • It has paid-up registered capital not exceeding THB 5 million
  • It has annual revenue from sales of goods and/or services not exceeding THB 30 million

If, in any given year, the business exceeds the revenue or capital thresholds, it will not be eligible for the progressive rates in that year and must revert to the standard 20% corporate income tax rate.

Question: What is the VAT percentage under Thai Law in 2026? 

Our answer: Previously, the VAT rate was set at 10%. However, it has been reduced to 7% and the reduced rate has been extended periodically.

As of the Cabinet resolution dated 9 September 2025, the 7% VAT rate has been extended for another year, from 1 October 2025 to 30 September 2026.

It remains to be seen whether the rate will be adjusted back to 10% within this year.

Question: What are the tax incentives under BOI and the maximum tax benefits that a foreign investor can obtain under Thailand Board of Investment BOI?

Our answer: The incentives granted depend on the type of business and the specific conditions of the promoted project.

The maximum tax incentives that may be granted include:

Tax Incentives:

  • Corporate income tax exemption for up to 13 years (Section 31)
  • 50% reduction of corporate income tax (Section 35 (1))
  • Exemption or reduction of import duties on machinery (Sections 28/29)
  • Reduction of import duties on raw or essential materials (Section 30)
  • Exemption of import duties on items imported for research and development (Section 30/1)
  • Double deduction of transportation, electricity, and water costs (Section 35 (2))
  • Additional 25% deduction for installation or construction costs of infrastructure facilities (Section 35 (3))
  • Exemption of import duties on raw or essential materials used for export production (Section 36)

Question: What are the tax benefits that an investor can obtain under the Thailand Eastern Economic Corridor policy?

Our answer: There are various incentives available to investors, depending on the location of the company and the type of business. In summary, they include the following:

Tax Incentives:

  • Corporate income tax exemption on net profits from business operations for up to 8–13 years (and up to 15 years for special projects)
  • 50% reduction of corporate income tax on net profits for up to 5 years after the tax exemption period ends
  • The right to carry forward losses incurred during the corporate income tax exemption period to offset against net profits after the exemption period
  • The right to deduct investment expenses from net profits
  • Additional deductions for transportation, electricity, and water costs
  • The right to deduct investment costs for installation or construction of facilities from net profits
  • Exemption of dividend income from inclusion in taxable income
  • Exemption of goodwill, royalties, or other similar income from inclusion in taxable income
  • Exemption or reduction of import duties on machinery, items used for research and development, items imported for re-export, and necessary raw materials used in the promoted business
  • Exemption of export duties

Question: How many double taxation treaties is Thailand a party to?

Our answer: Currently, Thailand is a party to a total of 61 Double Taxation Agreements (DTAs), as follows:

No. Country Entry into Force Effective Tax Year
1 Cambodia 26 Dec 2017 1 Jan 2018
2 South Korea 29 Jun 2007 1 Jan 2008
3 Canada 16 Jul 1985 1 Jan 1985
4 Kuwait 25 Apr 2006 1 Jan 2007
5 China 29 Dec 1986 1 Jan 1987
6 Chile 5 May 2010 1 Jan 2011
7 Czech Republic 14 Aug 1995 1 Jan 1996
8 Seychelles 13 Mar 2006 1 Jan 2007
9 Cyprus 4 Apr 2000 1 Jan 2001
10 Japan 30 Aug 1990 1 Jan 1991
11 Denmark 12 Feb 1999 1 Jan 2000
12 Taiwan 19 Dec 2012 1 Jan 2013
13 Turkey 13 Jan 2005 1 Jan 2006
14 Tajikistan 23 Dec 2013 1 Jan 2014
15 Norway 29 Dec 2003 1 Jan 2004
16 New Zealand 14 Dec 1998 1 Jan 1999
17 Netherlands 9 Jun 1976 1 Jan 1976
18 Nepal 14 Jul 1998 1 Jan 1999
19 Bahrain 27 Dec 2003 1 Jan 2004
20 Bangladesh 9 Jul 1998 1 Jan 1999
21 Bulgaria 13 Feb 2001 1 Jan 2002
22 Belgium 28 Dec 1980 1 Jan 1980
23 Belarus 2 Sep 2006 1 Jan 2007
24 Pakistan 7 Jan 1981 1 Jan 1979
25 Poland 13 May 1983 1 Jan 1983
26 France 29 Aug 1975 1 Jan 1975
27 Myanmar 15 Aug 2011 1 Jan 2012
28 Finland 26 Feb 1986 1 Jan 1987
29 Philippines 11 Apr 1983 1 Jan 1983
29.1 Philippines (Revised) 5 Mar 2018 1 Jan 2019
30 Mauritius 10 Jun 1998 1 Jan 1999
31 Malaysia 2 Feb 1983 1 Jan 1983
32 Ukraine 24 Nov 2007 1 Jan 2008
33 Germany 4 Dec 1968 1 Jan 1967
34 Russia 15 Jan 2009 1 Jan 2010
35 Romania 13 Apr 1997 1 Jan 1998
36 Luxembourg 22 Jun 1998 1 Jan 1999
37 Laos 23 Dec 1997 1 Jan 1998
38 Vietnam 31 Dec 1992 1 Jan 1993
39 Sri Lanka 12 Mar 1990 1 Jan 1991
40 Spain 16 Sep 1998 1 Jan 1999
41 Switzerland 15 Dec 1997 1 Jan 1998
42 Sweden 26 Sep 1989 1 Jan 1990
43 United States 15 Dec 1997 1 Jan 1998
44 Singapore 15 Feb 2016 1 Jan 2017
45 Slovenia 4 May 2004 1 Jan 2005
46 Australia 27 Dec 1989 1 Jan 1990
47 Austria 1 Jul 1986 1 Jan 1986
48 United Kingdom and Northern Ireland 20 Nov 1981 1 Jan 1981
49 Armenia 12 Nov 2002 1 Jan 2003
50 Italy 31 May 1980 1 Jan 1978
51 India 5 Jan 2016 1 Jan 2017
52 Indonesia 23 Oct 2003 1 Jan 2004
53 Israel 24 Dec 1996 1 Jan 1997
54 Uzbekistan 21 Jul 1999 1 Jan 2000
55 United Arab Emirates 28 Dec 2000 1 Jan 2001
56 Estonia 23 Dec 2013 1 Jan 2014
57 South Africa 27 Aug 1996 1 Jan 1997
58 Oman 27 Feb 2004 1 Jan 2005
59 Ireland 11 Mar 2015 1 Jan 2016
60 Hungary 16 Oct 1989 1 Jan 1990
61 Hong Kong 7 Dec 2005 1 Jan 2006

 Question: What is the Personal Income Tax ratio under Thai Tax Law?

Our answer: The Personal Income Tax in Thailand is as progressive rate (as rate 0% – 35%), which will be calculated and considered based on the total income of each Year after deduct the personal income tax allowance as the tax perspective. Please see the detail as table below:

Net Income (THB) Tax Rate (%)
1 – 150,000 0 %
150,001 – 300,000 5 %
300,001 – 500,000 10 %
500,001 – 750,000 15 %
750,001 – 1,000,000 20 %
1,000,001 – 2,000,000 25 %
2,000,001 – 5,000,000 30 %
Over 5 millions 35 %

Question: How does a person become a tax resident in Thailand?

Our answer: In the Thai tax practice, the foreigner can become the Thai tax resident in case the foreign national spend more than 180 days on that Tax period (January until December).

Then our lawyers at H&P can to apply the Thai Tax ID, file the Personal Income Tax within every end of March of each year and obtain Thai Tax Residence Certificate that can be legalized by our lawyers to be provided to revenue departments of other countries to confirm the full compliance of tax obligations.

Question: Does a tax resident in Thailand need to pay taxes for the income perceived abroad?

Our answer: According to the Notification of the Director-General of the Revenue Department Number Por. 161/2566 and Por. 162/2566 which was promulgated on 1st January 2024, if the foreigner spend over than 180 days in Thailand (becoming tax resident in Thailand) and only if he/she brings funds from abroad into Thailand, then this money or fund should be treated as income and subject to the Personal Income Tax filing on that Tax period as the Tax perspective.

Question: What are the Tax benefits under the LTR visa?

Our answer: According to the LTR visa and the Tax benefits under The Royal Degree number 743 section 3 and section 4 , please find a brief summary of the categories that provide tax-exemption benefits as explained below:

-Group 1: Wealthy Global Citizens

(Individuals holding at least USD 1 million in assets)

Tax exemption applies

-Group 2: Wealthy Pensioners

(Retirees aged 50 and older with an annual pension or stable income)

Personal Income Tax exemption applies

-Group 3: Work-from-Thailand Professionals

(Remote workers employed by well-established overseas companies)

Personal Income Tax exemption applies

-Group 4: Highly-Skilled Professionals

Flat tax rate of 17% (The Personal Income Tax)

-Group 5: Spouses and Dependents

(Spouse and children under 20 years old)

Personal Income Tax exemption applies

If you need tax advice in Thailand as a foreign individual or foreign corporate, please contact our tax lawyers and accounting team in Bangkok at info@herrera-partners.com

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