Tax News No. 261 September 2018

Tax News No. 261 September 2018

Index of legal movement in relation to business

Topix

VAT Collection from e-Business operator in Foreign Country.

Lately, Cabinet Resolutions have been passed on dated 17 July B.E.2561 (2018). The Cabinet had approved the principle of the draft of the Revenue Code Amendment Act (No…..) B.E……. governing “VATCollection from e-Business operator in Foreign Country” according to the suggestion by the Ministry of Finance and submit to the Office of the Council of State for consideration.
The draft of this act has essential parts as follows: –
1.    To prescribe the procedures on sending the summons or the notice of tax payment or the letter which is send to any person who is staying out of the Kingdom which engages in e-business that has to pay tax.

2.    To prescribe the tax rate which is used to calculate VAT for e-services to client who is not the VAT registrant.

3.    To prescribe the rules, procedures and conditions for VAT payment of the operator who is staying out of the Kingdom which engages in business of e-services to client who is not the VAT registrant and using such services in the Kingdom and being the owner of plat form (Plat form, the owner of computer program or the owner of website) and disallow such operator which is VAT registrant must not collect VAT from the buyer of goods or service.

4.    To prescribe to filing tax return and tax payment of the operator who is staying out of the Kingdom and the owner of plat form filing tax return and tax payment through internet network on website of the Revenue Department.

5.    To prescribe to the operator who is staying out of the Kingdom and the owner of plat form which has to pay VAT which has the values of tax based according to the Royal Decree on filing in accordance with the rules, procedures and conditions prescribed by the Director-General.

Interested tax news

Supreme Court Judgment No. 4498/2543

How should a company make sales promotion plan to customers?

Supreme Court Judgment No. 2747/2560

The director resigning claimed registration for change of the director. 

Supreme Court Judgment No. 3074/2560

Whether one’s shareholder is able to provide the Shareholder’s Meeting?

Notification of the Director-General of the Revenue Department Governing Value Added Tax (No.224)

Prescribing rules, procedures and conditions to the person who is traveling out of
the Kingdom which is buying goods from VAT registrant for carrying out of the Kingdom can be entitled to agent appointment for VAT refund which were collected under Section 84/4 of the Revenue Code.

Announcement of the Office of the Board of Investment No. Por. 8/2561

Procedures for granting rights and benefits for the exemption of import duties on the raw and essential materials imported for use in producing products for export

Ruling No. Gokkhor 0702/3893    Date    22 May 2018

Corporate income tax in the case of corporate income tax exemption under Royal Decree (No. 642) B.E. 2560 (2017)

Ruling No. Gokkhor 0702/4490    Date    11 June 2018

Value added tax in the case of request of approval for the change of input-tax- average methods

Ruling of Foreign Business Administration Division on February 2018 Subject no. 2

A foreign company carrying business on loan-payment guarantee for the affiliated company. The affiliated company borrowed money from the bank which was a state enterprise under Budget Procedures Act B.E. 2502 (1959).

Ruling of Foreign Business Administration Division on May 2018 Subject no. 2

A foreign company engaging in business on manufacturing collagen powder, promoted by BOI, and obtaining a foreign business certificate. The foreign company would like to increase type of food manufacturing.

Ruling of Foreign Business Administration Division on June 2018  no.2

A foreign company carrying business as a contractual partner. If the implementation of the contract shall be extended the service period from the original to complete the service and the scope of service provided under the original contract does not change.




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