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BOI Thailand - Tax and Non-Tax Incentives - Merit Based Incentives - Activity Based Incentives - Requirements & Procedure

Requirements & Procedure
BOI Thailand

Requirements & Procedure

Depending on the nature of your business, applying for a BOI Thailand company setup, the requirements and procedure may be different, but our team of lawyers will represent your project and explain it in detail to the BOI officer. All proposed projects must develop competitiveness in order to be approved by the BOI officer.

General Qualifications as per BOI Request

  • The value-added of the project must not be less than 20% of revenues, except for projects in agriculture and agricultural products, electronic products and parts, and coil centers, all of which must have value – added of at least 10% of revenues.
  • Modern production processes must be used.
  • For a concession project and the privatization of a state enterprise project, the Board’s criteria shall be based on the Cabinet’s decisions dated May 25, 1998 and November 20, 2004.
  • Projects that have investment capital of 10 million THB or more (excluding cost of land and working capital) must obtain ISO 9000 or ISO 14000 certification or similar international standard certification within 2 years from the full operation start-up date, otherwise the corporate income tax exemption shall be reduced by one year.
  • The state enterprise investment projects under the Capital of Public Enterprise Act, B.E. 2542, will not be granted for concession if the project is operated by private sector. The project need to be transferred to be state-owned enterprise project in order to receive an investment promotions. The state need to submit project approval form to BOI for a consideration before start bidding with private company. During an auction, there must be a clear announcement on private’s privileges. Normally, BOI will not promote investment project if p0rivate sector need to pay compensations to the state except those compensation is reasonable for an investment project.
  • For state enterprise projects that are owned, operated and rent by private sectors, the Board will use normal criteria for project approval.
  • For the privatization of state enterprise projects, after privatizing from state enterprise, the limited companies should set appropriate budgets in order to ask for the Board’s investment promotion under the Capital of Public Enterprise Act, B.E. 2542. In case of expanding projects, the limited company will be granted only parts of expansion under normal promotion incentives.

Environmental Protection

  • Adequate and efficient guidelines and measures to protect environment quality and to reduce environmental impact must be installed. The Board will give special consideration to the location and pollution treatment of a project with potential environmental impact.
  • Projects or activities with type and size that are required to submit environmental impact assessment reports must comply with related environmental laws and regulations or Cabinet resolutions.
  • Project located in Rayong must comply with Office of the Board of Investment Announcement No. Por 1/2554 dated May 2, 2011, on industrial Promotion Policy in Rayong Area.

Capital to be Approved Under the BOI Thailand

  • The minimum capital investment requirement of each project is 1 million THB (excluding cost of land and working capital) unless specified otherwise on the list of activities. As for knowledge-based services, the minimum capital investment required is based on the minimum annual salaries expense specified in the list of activities eligible for investment promotion.
  • For newly established projects, the debt-to-equity ratio must not exceed 3 to 1.
  • Expansion projects shall be considered on case-by-case bases.
  • For projects with an investment value over 750 million THB (excluding cost of land and working capita) the project’s feasibility study must be submitted with details as specified by the Board.

Consideration of Investment Promotion Application and timeframe.

  • Project’s value ≤ 200 million or ≥ 1 million THB – 40 working days
  • Project’s value ≥ 200 million but ≤ 750 million THB – 60 working days
  • Project’s value ≥ 750 million THB – 90 working days.

What Documents are Required to apply for BOI?

Required document and information for applying BOI incentives

  1. Corporate documents i.e. Affidavit, Shareholder’s list, Memorandum of Association, Financial Statement (in case the company has already established);
  2. Copy of passport or Thai identification card of director of the tentative company (in case the company has not yet established);
  3. Finances and Investment plan;
  4. Explanation about scope of business;
  5. Type and size of business;
  6. Process;
  7. List of machinery, tool, equipment, computer and software which will be used for this project; including country of origin, quantity and value;
  8. Environment Protection Plan;
  9. Employment details; including position, number and nationality;
  10. List of major customers and business relation;
  11. Marketing plan;
  12. Corporate documents i.e. Affidavit, Shareholder’s list, Memorandum of Association, Financial Statement (in case the company has already established);
  13. Operation plan, including building/operation site, estimated revenue;
  14. Estimated revenue and expense of the project for the first 3 years of operation;
  15. Merits of the project (if any);
  16. Brochures of the company and affiliates;

Please be noted that the BOI officer may request further document as deemed appropriate. Furthermore, the applicant is required to join a presentation and interview session so that the officer would ask and interview about this project in deep details.

How is procedure to apply BOI?

Procedure to apply BOI which shows how we work and submit your application to BOI office

BOI Thailand - Requirements and Procedure - Guide chart

The Juslaws & Consult team of lawyers provides a full range of support for clients opening and starting their business under BOI – Board of Investment - promotion in Thailand. The team of corporate lawyers is dedicated and always ready to deliver the best tailored solutions for your business.

Our team consists of professional experts who work closely with BOI officers and have more than a decade worth of experience working with the BOI Thailand and they are completely aware of all the requirements and procedures, needed for a successful application. Juslaws & Consult can provide you with all the details related to the benefits of the BOI Thailand promotion. Please do not hesitate to contact us for more information.


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