Latest Law update at April 2024
Minimum wage 2024 (2567), Draft Ministerial Regulation on Employer-Paid Healthcare Costs (Version…) B.E.…, Resolution of the Meeting of the National Electric Vehicle Policy Committee 1/2566, Announcement of Board of Investment promotion No. 4/2024 regarding measures to stimulate investment to revive the economy. , Announcement of the Investment Promotion Committee No. 2/2567 Regarding Measures to Expand Existing Production Bases, Announcement of the Capital Investment Promotion Committee No. 3/2024 regarding measures to promote integrated business base relocation.
New Law Update
Topic 1. Latest Law Update
No. | Issuing Authority | Subject | Announcement date | Effective date |
---|---|---|---|---|
1 | Ministry of Finance | Ministerial Regulation No. 392 (B.E. 2567) issued under the Revenue Code on Revenue Exemption Personal income tax exemption measures For remuneration paid by the Ministry of Health to officials and third parties. which is working in connection with the COVID-19 pandemic as authorized by the Ministry of Finance in the 2023 tax year. | Announced in the Government Gazette on 5 April 2024 | Applicable for assessable income received in tax year 2023 |
2 | Ministry of Finance | Ministerial Regulation No. 393 (B.E. 2567) issued under the Revenue Code on Revenue Exemption Economic stimulus measures through the real estate sector and preparations to support the implementation of Thailand’s elevation to a global industrial city center. (Thailand Vision) | Announced in the Government Gazette on 5 April 2025 | |
3 | Ministry of Finance | Notification of the Director-General of the Revenue Department on List of Recipients for Research and Development of Technology and Innovation (No. 295) “(760) Research and Development Department, Allied Tech (Thailand) Co., Ltd.” | 18-Apr-24 | 17-Apr-24 |
4 | Ministry of Finance | Announcement of the Ministry of Finance on Income Tax and Value Added Tax (No. 805) Re: Determination of organizations, charitable institutions, nursing homes and educational institutions Cancellation of the list of foundations No. 482 |
Announced in the Government Gazette on 26 April 2024 | 11-Jul |
5 | Ministry of Finance | Notification of the Director-General of the Revenue Department (No. 53) on Determination of Rules and Conditions for Income Tax Exemption VAT, Specific Business Tax and Stamp Duty for contributions to the Equality Fund | 30-Apr-24 | 01-Jan-24 |
6 | Ministry of Finance | Revenue Department Order No. Por. 163/2024 on Counting Periods for Calculating Penalties or Surcharges, Income Tax, Value Added Tax and Specific Business Tax | 07-May-24 | 01-May-24 |
7 | Board of Investment (BOI) | Announcement of the Board of Investment No. 2/2024 Subject: Types of businesses that do not grant rights and benefits according to the Board of Investment Announcement No. 11/2022, 15/2022, 17/2022, 3/2024 and 4/2024 | 29 Mar 2024 | 29 Mar 2024 |
8 | Board of Investment (BOI) | Announcement of the Committee to Support Economic Stimulus and Investment by Attracting High-Potential Foreigners to Thailand No. 2/2024 on Criteria Conditions and methods of certification of Group 2 representatives | 2 Apr 2024 | 2 Apr 2024 |
9 | Board of Investment (BOI) | Announcement of the Board of Investment No. 6/2024 on Improvement of Promotion Measures for Community and Social Development to Reduce PM2.5 Particulate Matter from the Agricultural Sector | 22 Apr 2024 | 28-Mar-24 |
10 | Board of Investment (BOI) | Announcement of the Board of Investment No. Sat 3/2024 on the Promotion of Music Festival International Sports & Festivals | 22 Apr 2024 | 22-Apr-24 |
11 | Board of Investment (BOI) | Announcement of the Board of Investment No. S.4/2024 Re: Amendment of Business Type 4.2.4 Production of electronic circuit boards and/or electronic circuit board parts | 22 Apr 2024 | 22-Apr-24 |
12 | Board of Investment (BOI) | Explanation of the Board of Investment on Investment Promotion in Type 7.3 Housing for Low-Income Persons According to the Board of Investment Announcement No. Sor.1/2024 | 24 Apr 2024 | 24 Apr 2024 |
13 | Board of Investment (BOI) | Explanationof the Board of Investment on Application for Promotion of Smart and Sustainable Industry Measures in the Case of Energy Efficiency Improvement Measures Use of renewable energy or reduce environmental impact according to the Announcement of the Board of Investment No. 15/2022 | 30 Apr 2024 | 30 Apr 2024 |
Interesting News
1. Minimum wage 2024 (2567)
Following that, on April 2, 2567, the Cabinet approved an increase in the minimum wage for the tourism industry in leading areas of 10 provinces to 400 Baht per day, as proposed by the Ministry of Labor, effective from April 13, 2567.
- Bangkok: Specifically, Pathum Wan and Wattana districts
- Krabi province: Specifically, Ao Nang sub-district municipality
- Chonburi province: Specifically, Pattaya City municipality
- Chiang Mai province: Specifically, Chiang Mai municipality
- Prachuap Khiri Khan province: Specifically, Hua Hin municipality
- Phang Nga province: Specifically, Khuek Khak sub-district municipality
- Phuket province
- Rayong province: Specifically, Ban Phe sub-district
- Songkhla province: Specifically, Hat Yai municipality
- Surat Thani province: Specifically, Ko Samui district
Additionally, there were adjustments made to the initial salary rates for civil servants and government officials, as well as professionals in other fields. The government plans to gradually adjust the initial salary rates based on qualifications:
- Those working in positions requiring a bachelor’s degree will have a minimum salary of 18,000 Baht.
- Those working in positions requiring a vocational certificate (Vocational Certificate or equivalent) will have a minimum salary of 11,000 Baht within 2 years.
On May 14th, 2024, there will be a meeting to consider increasing the minimum wage rate across the country. This meeting aims to clarify which careers or provinces will see an increase in the minimum wage rate. The intention is for the adjusted minimum wage rate to take effect from October 1st, 2024, they think it will be smoothly, without any issues. This adjustment is necessary due to the already increased prices of goods, reflecting the current economic situation. It is imperative for the government to raise the minimum wage to align with the announced policy (by pheu Thai Party) , which stipulates a minimum wage rate of 600 baht. Additionally, that bachelor’s degree graduates receive a minimum salary of 25,000 baht by 2027 (2570).
2. Draft Ministerial Regulation on Employer-Paid Healthcare Costs (Version …) B.E.…
The Cabinet has approved the draft Ministerial Regulation on Employer-Paid Healthcare Costs (Version …) B.E. … as proposed by the Ministry of Labor, and authorized further action, as evaluated by Office of the Juridical Council. The key provisions of the aforementioned draft regulation are as follows:
Ministerial Regulation on Employer-Paid Healthcare Costs B.E. 2563 (Current Version) |
Proposed Amendment: |
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When an employee suffers injury or illness, the employer shall pay for healthcare costs up to the actual expenses incurred, as necessary,、but not exceeding 50,000 Baht. |
When an employee suffers injury or illness, the employer shall pay for healthcare costs up to the actual expenses incurred, as necessary,but not exceeding 60,000 Baht. |
In cases where the healthcare costs paid under point 1 are insufficient, the employer shall pay additional healthcare costs, up to an additional 100,000 Baht, for serious injuries or illnesses of the employee falling under the following categories: |
In cases where the healthcare costs paid under point 1 are insufficient, the employer shall pay additional healthcare costs, up to an additional 100,000 Baht, for serious injuries or illnesses of the employee falling under the following categories: |
Resolution of the Meeting of the National Electric Vehicle Policy Committee 1/2566
Key Points:
- Amendment of Criteria under the Early Electric Vehicle Support Scheme (EV3)
(1)Extend the timeframe for providing subsidies to electric vehicles (EVs) of the same model as those entitled under the EV3 scheme, in cases imported before January 1, 2565, to include EVs imported since November 1, 2564, and sold to consumers after receiving EV3 entitlement.
(2)Extend the deadline for registering electric vehicles entitled under the scheme from the previous “registration by December 31, 2566” to “sale by December 31, 2566, and registration by January 31, 2567.”
- Electric Vehicle Support Scheme Phase 2 (EV 3.5)
(1)Effective from 2567-2570, covering passenger cars, pickup trucks, and electric motorcycles, with differences in subsidy provision compared to the initial phase.
Type of car | Battery Capacity | Subsidy (Baht/car) | CBU import duty deduction | Excise tax deduction |
---|---|---|---|---|
car (not over 2 million baht) | From 50 kWh | 100,000 in 1st year 75,000 in 2nd year 50,000 in 3rd -4th year |
Not over 40% (import on period 2567-2568) | From 8% to 2% |
10-50,000 in 1st year |
35,000 2nd year 25,000 in 3rd -4th year | |||
car (over 2 million baht but not over 7 million baht) | from 50 kWh | – | Normal rate | Normal rate |
Pick-up car (not over 2 million baht) | from 50 kWh | 100,000 (only domestic produce) | Normal rate | Normal rate |
motorcycle (not over 150,000 baht) | From 3 kWh | 10,000 (only domestic produce) | Normal rate | Normal rate |
(2)Regarding the importation of completely built electric vehicles (CBU), electric cars must be manufactured as compensation within the year 2569 at a ratio of 1:2 of the import quantity during the period of 2567-2568 (import 1 car, produce 2) or produce compensation in the year 2570 at a ratio of 1:3 (import 1 car, produce 3 as compensation).
(3)Additional conditions are specified that imported car batteries and domestically manufactured car batteries must comply with the Industrial Product Standards (TIS) and specify the characteristics of electric cars that support quick charge.
(4)Existing operators participating in the EV3 scheme and intending to participate in the EV 3.5 scheme should be able to apply for benefits by complying with the specified conditions.
4.Subject: Draft Act to Prevent and Suppress the Financing of Terrorism and the proliferation of weapons of mass destruction. (No……) B.E.……(Cabinet resolution dated 27 February 2024)
Important contents of the draft Act
- Determined the Office of Anti-Money Laundering It is responsible for taking action against person designated as those who have committed acts of terrorism or the proliferation of weapons of mass destruction (“Designated Person”) can use the money or property that has been suspended to cover basic expenses, such as food and medical care for family members. (father, mother, spouse, child) in order to provide protection according to the basic rights to life.
- Determined to prohibit other individual from providing financial assistance to designated person to cut off channels for providing assistance or support to designated persons to use money or assets to commit crimes.
- The Land Office is exempt from setting policies for risk assessment or guidelines to prevent the financing of terrorism or the proliferation of weapons of mass destruction, such as reporting measures transactions that have reasonable grounds to be suspicious.
- Determined that other individual than designated person may submit motion to the Anti-Money Laundering Office. To use money or property that has been suspended to pay off debt to a designated person who is the debtor.
- Determined that the Office of Anti-Money Laundering has the authority and duty to collect information and evidence to be used in determining or revoking the list of designated persons or seizing, attaching, or confiscating assets.
- Determined additional offenses on various grounds, such as violating the policy or guidelines or any other measures necessary to prevent the financing of terrorism or the proliferation of weapons of mass destruction. Including specifying that certain offenses committed by juristic persons are comparable offenses.
5.Announcement of Board of Investment promotion No. 4/2024 regarding measures to stimulate investment to revive the economy.
Announced on February 7, 2024, effective from February 7, 2024.
This announcement is announced to encourage large projects in targeted industries to accelerate investment to revive the economy by virtue of Section 16, Section 18 and Section 35 of the Investment Promotion Act B.E. 2520, the Board of Investment promotion has issued announcement as follows:
- Designate areas in every province as investment promotion zones.
- Conditions
2.1 The business must be a business in groups A1, A2, A3 and A4, except
(1) Types of business that do not have an establishment location, such as air transport business, sea transport business, etc., as determined by the Office.
(2) Types of businesses that have conditions to be established only in the southern border provinces or border special economic development zones.
2.2 The business must be a project that has received corporate income tax exemption rights and benefits according to various investment promotion measures for a total of not more than 8 years.
2.3 The business must be an actual investment of not less than 1,000 million baht, excluding the cost of land and working capital, within 12 months from the date of issuance of the promotion certificate.
2.4 It will not be allowed to extend the time for accepting promotions and submitting evidence of issuance of promotion certificates. Consideration will be given to extending the time for importing machinery and taking appropriate action.
2.5 Evidence of actual investment must be submitted in order to receive additional rights and benefits according to the form specified by the Office within 18 months from the date of issuance of the promotion certificate. However, it will be considered to extend the time for submitting evidence of actual investment in order to receive additional rights and benefits as appropriate. On the date of applying for additional rights and benefits, there must be remaining rights and benefits of corporate income tax exemption, both the period and the amount of corporate income tax exemption. - Additional rights and benefits Receive a corporate income tax deduction for net profits earned from investments at the rate of 50 percent of the normal rate for a period of 5 years from the end of the corporate income tax exemption period.
- This measure applies to projects that submit applications for promotion from 2 January 2024 to the last working day of 2024.
- Authorize the office to act on behalf of you in considering approval or disapproval of project amendments in order to receive additional rights and benefits for projects of all investment sizes according to this measure. Including consideration of extending the time for submitting evidence of actual investment. in order to receive additional rights and benefits as appropriate.
6. Announcement of the Investment Promotion Committee No. 2/2567 Regarding Measures to Expand Existing Production Bases
To incentivize major investors to continue selecting Thailand as their production base and stimulate continuous investment, the Investment Promotion Committee issued an announcement on February 7, 2567, with the following key points:
- Designating every province as an investment promotion zone.
- Applicants for promotion must be existing promoted persons with projects promoted during the past 15 years (2009-2023), totaling no fewer than 3 projects, with a combined investment value of at least 10,000 million Baht, excluding land and working capital.
- Additional benefits will be granted for projects expanding investment value of at least 500 million Baht, excluding land and working capital, with exceptions for certain types of businesses, as follows:
(1) Extending CIT exemption for an additional 3 years, not exceeding 13 years, for Group A1+ businesses.
(2) Reducing CIT deduction for net profit derived from investment by 50 percent of the normal rate for a period of 5 years, starting from the end of the CIT exemption period for Group A1 and A2 businesses.
(3) Extending CIT exemption for an additional 3 years, not exceeding 8 years in total, for A3 and A4 businesses. - Projects that have exceeded the maximum 8-year CIT exemption period will not be eligible for additional benefits and CIT deduction under Section 35(1).
- Projects that have already received additional benefits under this measure will not be eligible to apply for benefits under the economic recovery stimulus measures.
- These measures shall be effective for projects applying for promotion from January 2, 2567, until the last working day of 2567.
7. Announcement of the Capital Investment Promotion Committee No. 3/2024 regarding measures to promote integrated business base relocation.
Announced on February 7, 2024, effective from January 2, 2024 onwards.
This announcement is issued to promote the integrated relocation of production bases by foreign investors. Whole production factory regional office and research and development center by virtue of Section 16, Section 18 and Section 31 of the Investment Promotion Act B.E. 2520 as follows:
1.New investment projects in manufacturing that have applied for investment promotion
Conditions | 1.New investment projects in manufacturing that have applied for investment promotion | |
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1.1 In the case where the applicant for promotion carries out all activities under the same juristic person | 1.2 In the case that the applicant for promotion carries out business in collaboration with other juristic persons operating under enterprises in the same group | |
1. This measure applies to projects that submit applications for promotion from 2 January 2024 to the last working day of 2024. | ✓ | ✓ |
2. Must apply for investment promotion for manufacturing businesses together with the International Business Center: IBC only, except for types of businesses that have specific policies that do not provide rights and benefits as specified by the office. | ✓ | ✓ |
3. Extension of time to accept promotion is not allowed. and sending proof of exit Promotion card in all cases | ✓ | ✓ |
4. International Business Center: IBC and/or Research and Development Center (R&D Center) must begin generating income and/or begin providing services within 1 year from the date of issuance of the promotion certificate. If unable to proceed within the said deadline the rights and benefits of exemption from corporate income tax will be revoked for 3 years or 5 years. | ✓ | |
5. Must carry out business that are the essence of being a Regional Headquarters and/or a Research and Development Center (R&D Center) as approved by the Board. | ✓ | |
6. Investment in a research and development center (R&D Center) must present an operational plan that is the essence of being a research and development center (R&D Center). | ✓ | |
7.International business center affairs (International Business Center: IBC) must proceed as follows: (7.1) Must be a new investment requesting promotion in IBC business by the existing juristic person or a new juristic person that are operated under the same affiliated enterprises as those promoted in production businesses under this measure. (7.2) Must submit an application for investment promotion in International Business Center: IBC according to the Announcement of the Board of Investment No. 9/2022 dated December 8, 2022, which does not allow the extension of time for importing machinery and commence operations in any case. They must request permission to operate within 1 year from the date of issuance of the promotion certificate. If unable to proceed within the specified time it will not be able to request additional rights and benefits for production projects according to measures to promote integrated business relocation. 7.3 Must carry out activities that are the essence of being a Regional Headquarters by complying with the conditions for the type of business. international business center (International Business Center: IBC) as approved by the committee. |
✓ | |
8. Production businesses must proceed as follows: (8.1) Must be a new investment requesting promotion in a production business in Group A, except for the type of business that has a specific policy that does not provide rights and benefits as specified by the office (8.2) An application for promotion must be submitted together with the project that is applying for promotion in International Business Center: IBC only (8.3) If investing in additional research and development centers (R&D Center), the following must be done: – Must request to increase the scope of business of the Research and Development Center (R&D Center). The Research and Development Center (R&D Center) must begin generating income and/or Service will begin within 1 year from the date of issuance of the promotion certificate. If unable to proceed within the specified time, it will not be able to request additional rights and benefits for production projects according to promotional measures. Complete business base relocation. – Investment in a research and development center (R&D Center) must present an operational plan that is the essence of being a research and development center (R&D Center). (8.4) Must apply for additional rights and benefits, complete with a letter confirming International Business Center: IBC and/or evidence of first income or service of the Research and Development Center (R&D Center). The application date must not exceed the period of receiving corporate income tax exemption rights and benefits according to normal criteria. |
✓ |
2.Production projects that were previously promoted in Group A by rights and benefits corporate income tax exemption has not ended. Except for types of businesses that have specific policies that do not provide rights and benefits. As specified by the office.
Conditions | 2. Production projects that were previously promoted in Group A by rights and benefits corporate income tax exemption has not ended. Except for types of businesses that have specific policies that do not provide rights and benefits. As specified by the office. | |
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2.1 In the case where the applicant for promotion carries out all activities under the same juristic person | 2.2 In the case that the applicant for promotion carries out business in collaboration with other juristic persons operating under enterprises in the same group | |
1. Must apply for additional rights and benefits by the last business day of 2024. | ✓ | |
2. Must request to increase the scope of International Business Center: IBC regardless of whether the original project already has income from the production business or not. On the date of application for additional rights and benefits Must have remaining rights and benefits of corporate income tax exemption for the entire period. and the amount exempted from corporate income tax | ✓ | |
3. International business center business and/or Research and Development Center (R&D Center) must begin generating income and/or Service will begin within 1 year from the date of project amendment approval, which must not exceed the period of receiving corporate income tax exemption rights and benefits. According to normal rules, if the action cannot be completed within the said deadline, the rights and benefits of exemption from corporate income tax will be revoked for 3 years or 5 years. | ✓ | |
4. Must carry out business that are the essence of being a Regional Headquarters and/or a Research and Development Center (R&D Center) as approved by the Board. | ✓ | |
5. Investment in a research and development center (R&D Center) must present an operational plan that is the essence of being a research and development center (R&D Center). | ✓ | |
6. Must submit an application for investment promotion in an International Business Center: IBC according to the Investment Promotion Board Announcement No. 9/2022 dated 8 December 2022 within the last business day of 2024. | ✓ | |
7. International business center business IBC must proceed as follows: (7.1) Must be a new investment requesting promotion in an IBC business by an existing juristic person or a new juristic person operating under the same affiliated enterprise as the promoted person in the production business that will request additional rights and benefits according to this measure. (7.2) It is not allowed to extend the time for accepting promotions by submitting evidence of issuing a promotion certificate for importing machinery and opening operations in all cases. They must request permission to open for business within 1 year from the date of issuance of the promotion certificate. If it is not possible to proceed within the said deadline, it will not be possible to apply for additional rights and benefits for the production project according to the integrated business relocation promotion measures. (7.3) Must carry out activities that are the essence of being a Regional Headquarters by complying with the conditions for the type of International Business Center: IBC as approved by the committee. |
✓ | |
(8) Production businesses must proceed as follows: (8.1) If investing in an additional research and development center (R&D Center), it must Proceed as follows: – Project amendments must be submitted together with the project that is applying for promotion in International Business Center: IBC only to request to increase the scope of activities of the research and development center (R&D Center), regardless of whether the original project already has income from the production business or not. On the date of submitting the project amendment request, there must be remaining rights and benefits of corporate income tax exemption. Both the period and the amount of money exempt from corporate income tax. – Investment in a research and development center (R&D Center) must present an operational plan that is the essence of being a research and development center (R&D Center). – Must carry out business that are the essence of being a research and development center (R&D Center) as approved by the committee must begin generating income and/or begin providing services within 1 year from the date of approval. The project must be amended, but it must not exceed the period of receiving the rights and benefits of corporate income tax exemption according to normal rules. (8.2) Must apply for additional rights and benefits along with a letter confirming investment in an International Business Center: IBC and/or evidence of having income or providing services. The first time of the Research and Development Center (R&D Center). The date of application must not exceed the period of receiving the rights and benefits of corporate income tax exemption according to normal rules. |
✓ |
Additional benefits according to this announcement
Additional rights and benefits | 1. New investment projects in manufacturing that have applied for investment promotion | 2. Production projects that were previously promoted in Group A by rights and benefits corporate income tax exemption has not ended. Except for types of businesses that have specific policies that do not provide rights and benefits. As specified by the office. | ||
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1.1 In the case where the applicant for promotion carries out all activities under the same juristic person | 1.2 In the case that the applicant for promotion carries out business in collaboration with other juristic persons operating under enterprises in the same group | 2.1 In the case where the applicant for promotion carries out all activities under the same juristic person | 2.2 In the case that the applicant for promotion carries out business in collaboration with other juristic persons operating under enterprises in the same group | |
1.In the case of manufacturing business that apply for promotion together with International Business Center: IBC to receive rights and benefits of exemption from corporate income tax on net profits obtained from investments of production businesses in addition to the basic rights and benefits according to the type of business for a period of 3 years, not exceeding 8 years. | ✓ | ✓ | ✓ | ✓ |
2.In the case of manufacturing business that apply for promotion together with International Business Center: IBC and establish a research and development center to receive rights and benefits of exemption from corporate income tax for net profits obtained from investments in manufacturing businesses in addition to the rights and benefits, basis according to type of business for a period of 5 years, not exceeding 8 years | ✓ | ✓ | ✓ | ✓ |
3.Non-tax rights and benefits | ✓ |