For support the taxpayer to file and remit tax combine with National e-Payment Master Plan, the Minister of Ministry of Finance execises the power under Paragraph 2 in Section 3 Octo of the Revenue Code issued the Notification of Ministry of Finance to extend time period for tax filing and tax payment on personal income tax, corporate income tax, withholding tax, value added tax and special business tax via internet for 8 days since the day prescribed by the law for tax filing between date 1 February 2019 until date 31 January 2021 as follows: –
Tax types | Filing Form | Time Period by Law | Extension time |
Personal Income Tax |
P.N.D. 90, 91 | within March 2020 | within 4 April 2020 |
P.N.D. 94 | within September in every year | within 8 October in Every year |
|
Corporate Income Tax |
P.N.D. 50,52,54 and balance sheet, operating account and profit and loss account, income account, expenditure or gross income account |
within 150 days from the last day of accounting period | within 158 days from the last day of accounting period |
P.N.D. 51 | within 2 months from the last day of 6 months period from the first day of an accounting period | within 2 months and 8 days from the last day of 6 months period from the first day of an accounting period | |
P.N.D. 54 | within 7 days from the end of month which pay assesable income tax or pay profit out of the Kingdom | within 15 days from the end of month which pay assesable income tax or pay profit out of the Kingdom | |
Withholding Tax |
P.N.D. 1, 2, 3 and 53 | within 7 days from the end of month which pay assesable income | within 15 days from the end of month which pay assesable income |
Value Added Tax |
P.P. 30 | within date 15 of the next month |
within date 23 of the next month |
P.P. 36 | within 7 days from the end of month which pay for goods or service fee | within 15 days from the end of month which pay for good or service fee | |
Special Business Tax |
P.T. 40 | within date 15 of the next month |
within date 23 of the next month |
Extension of Filing Period of Financial Statements via DBD e-filing
According to the Notification of Department of Business Development subject on the rules, procedures of yearly filing financial statement and the Notification of Department of Business Development subject on process of yearly filling financial statement dated on 27 November 2018 for making E-filing go well. The Department of Business Development (“DBD”) announced to the extended period for filing the financial statements via DBD e-Filing for a registered partnership, juristic person incorporated under foreign law, a joint venture as defined under the Revenue Code, a limited company and a public company with having the accounting period ended on 31 December 2018. They would have to filing the financial statement on 31 May 2019 .But the extension of filing period of financial statement only via DBD E-filing for another 7 days. Therefore, the due date of the filing period is 7 June 2019.
The Board of Investment has issued the new notification to prescribed the qualifications, rules and conditions to apply for the special case to temporary stay (Smart Visa)
According to the Board of Investment repealed the Notification No. Phor 4/ 2561 dated 1 February B.E. 2561 subject on the qualifications, rules and conditions to apply for the special case to temporary stay (Smart Visa), The Board of Investment shall issue the new notification subject on the qualifications, rules and conditions to apply for the special case to temporary stay (Smart Visa) No. Phor 12/2561 dated on 18 December B.E. 2561 having the detail as follows:
Clause 1 Aliens according this notification are as follows :-
1.1 highly-skilled experts, investor, senior executives, startup entrepreneurs and who wish to enter into the Kingdom of Thailand to work or to invest in the country’s targeted industries as follows:-
(1) Next-Generation Automotive
(2) Smart Electronics
(3) Affluent, Medical and Wellness Tourism
(4) Agriculture and Biotechnology
(5) Food for the Future
(6) Automation and Robotics
(7) Aviation and Logistics
(8) Biofuels and Biochemicals
(9) Digital
(10) Medical Hub
(11) Alternative Dispute Resolution Service
(12) Human Resource development in Science and Technology
(13)Environment and Renewable Energy Management
1.2 The accompanying persons who are spouses and legitimate child of aliens according to clause 1.1
Clause 2 Prescribed the qualifications to apply for the special case to temporary stay (smart visa) of the aliens according to clause 1 who wish to filing for certified the qualification of each group as follows :-
2.1 Highly-Skilled Experts
2.1.1 In case of Highly Skilled Experts (General)
(1) Having expertise in science and technology relevant to the targeted industries and endorsed by associated agency of Strategic Talent Center: STC
(2) Working for the business that certificated as a targeted industries by a relevant government agency such as National Innovation Agency (Public organization), Digital Economy Promotion Agency.
(3) Earning minimum salary of no less than 100,000 Baht or equivalent per month. In case having employment contract with startup or being a retired
expert which endorsed by relevant agency must have salary no less than 50,000 Baht per month.
(4) Having an employment contract or service contract with an entity in Thailand with the remaining term of at least 1 year next to the date of filing certificated qualification.
(5) Not Being a person prohibited to enter in Thailand according the Immigration Laws.
2.1.2 In case of experts working for government agency, educational institution, special training institution or people who serving in Alternative Dispute Resolution.
(1) In case of experts working for government agency ,having expertise in science and technology relevant to the targeted industries and endorsed by government agency who hired them.
(2) In case of experts working for educational institution or private special training institution must be certified for expertise in science and technology in the targeted industries by associated agency of Strategic Talent Centers : STC
(3) In case of person with expertise in Alternative Dispute Resolution must be certified by arbitration institution in Thailand such as Thailand Arbitration Center, Thai Arbitration Institute, Office of the Judiciary , to serve in Alternative Dispute Resolution in the Thailand
(4) Having an employment contract or service contract or the evidence of mutually agreement to work in government agency, educational institution, special training institution or arbitration institution to work in Thailand as the case may be.
(5) Not Being a person prohibited to enter in Thailand according the Immigration Laws.
2.2 Investors
2.2.1 Having minimum investment in any case as follows :-
(1) Directly investing on behalf of the applicant not less than 20 million baht in the business using technology as a base in manufacturing or delivering services or in Venture Capital Company.
(2) Directly investing on behalf of the applicant not less than 5 million baht in the startup business or incubator program or accelerator program.
Thus, The investor can invest more than 1 business and the investment must be maintained throughout the validity period of the smart visa.
2.2.2 The business to be set up or invested in must be certified as being the ones using technology in manufacturing or delivering services and being in the targeted industries by the relevant government agencies such as the National Science and Technology Development Agency ,The National Innovation Agency (Public Organization) and The Digital Economy Promotion Agency.
The investment in Venture Capital Company must be certified as the ones investing in the business using technology in manufacturing or delivering services for the targeted industries by the relevant agencies such as the National Science and Technology Development Agency, The National Innovation Agency (Public Organization), The Digital Economy Promotion Agency.
The investment in startup business or incubator business or accelerator business must be certified by the relevant agencies such as the National Innovation Agency, Digital Economy Promotion Agency
2.2.3 Not being a person prohibited to enter in Thailand according the Immigration Laws.
2.3 Senior Executive
(1) Earning minimum salary of no less than 200,000 Baht or equivalent per month
(2)Having bachelor degree or equivalent and having relevant work experience at least 10 years.
(3) Having the employment contract in domestic business or having the employment contract in foreign business which prescribes to work in Thailand. That employment contract must be remaining term of at least 1 year from the date of filling certificated qualification.
(4) Working in the senior executive position such as The Chairman, Managing Director in the business certified as the business using technology in manufacturing or delivering services by the relevant agencies such as The National Science and Technology Development Agency, The National Innovation Agency (Public Organization), The Digital Economy Promotion Agency .
(5) Working in the business certified as the targeted industries by the relevant agencies such as the National Innovation Agency(Public Organization), The Digital Economy Promotion Agency.
(6) Not being a person prohibited to enter in Thailand according the Immigration Laws.
2.4 Startup Entrepreneurs
2.4.1 In case of allow to stay in Thailand not exceeding 6 months
(1) Having the proposal for setting up startup business using technology or innovation as the important part to carry on business in Thailand . This shall certified by relevant agency such as the National Innovation Agency (Public Organization) or participating in a startup camp certified by the relevant agencies such as The board of Investment of Thailand, The National Innovation Agency (Public Organization), The Digital Economy Promotion Agency.
(2) Having health insurance policy covering the entire course of stay in Thailand
(3) Not being a person prohibited to enter in Thailand according the Immigration Laws.
2.4.2 In case of allow to stay in Thailand not exceeding 1 year
(1) Participating in an incubation or accelerator program, or a similar program endorsed by a government agencies such as The National Innovation Agency (Public Organization), The Digital Economy Promotion Agency. The programs must also be in the targeted industries.
In case of not participating in an incubator or a similar program, the applicant must receive joint venture funding or endorsed by a government agency such as The Digital Economy Promotion Agency.
(2) Having a fixed savings account in Thailand or in a foreign country with a balance of not less than 600,000 Baht or equivalent and the remaining maturity term of at least 3 months before the filing date.
In the case of being accompanied by spouses and legitimate child , an additional amount of fixed savings of at least 180,000 Baht per person or equivalent and the remaining maturity term of at least 3 months before the filing date.
(3) Having health insurance policy covering the entire course of stay in Thailand for the applicants of the SMART Visa, and for the accompanying spouse and the legitimate child .
(4) Not being a person prohibited to enter in Thailand according the Immigration Laws.
2.4.3 in case of allow to stay in Thailand not exceeding 2 years
(1) Establishing the business in Thailand certified as the startup business in the targeted industries by relevant agencies such as The National Innovation Agency (Public Organization), The Digital Economy Promotion Agency.
(2) The applicants must hold no less than 25% of the company’s shares or assume a position of a director of the company which established and certified in (1)
(3) Having a fixed savings account in Thailand or in a foreign country with a balance of not less than 600,000 Baht or equivalent and the remaining maturity term of at least 3 months before the filing date.
In the case of being accompanied by spouses and legitimate child , an additional amount of fixed savings of at least 180,000 Baht per person or equivalent and the remaining maturity term of at least 3 months before the filing date.
(4) Having health insurance policy covering the entire course of stay in Thailand for the applicants of the SMART Visa, and for the accompanying spouse and the legitimate child .
(5) Not being a person prohibited to enter in Thailand according the Immigration Laws.
2.5 The accompanying persons who are spouse or the legitimate child of the foreign according to clause 1.1 must not being a person prohibited to enter in Thailand according the Immigration Laws
Clause 3 Aliens having qualifications according to clause 2 have entity to temporary enter in Thailand and other rights for the aliens entering to stay in Thailand in special case for the expert, the investor, the senior executive, the startup entrepreneur They must follow the rules, procedures and conditions prescribed by Ministry of the Interior, Immigration Office and relevant government agency.
Clause 4 Aliens having qualifications according to clause 2.1- 2.4 allow to work in Thailand in non-restricted job for an alien without the work permit according to management of alien working laws throughout the time allocated to stay in Thailand as follows :-
(1) Working in certified private business or government agency in case of the highly skilled expert
(2) Working in certified business in case of the investor
(3) Working in certified business in case of the senior executive
(4) Working or participating in the certified program or business in case of the startup entrepreneur
In case of changing or adding of work according to (1) – (4) shall be additional certified according to relevant rules.
(5)Accompanying persons who are spouses having qualifications according to clause 2.1 – 2.4 (except the alien’s spouse according to clause 2.4.1) and legitimate child having qualification according to 2.1 (Highly skilled Experts) with the age over 18 years old shall granted the right to stay and work in Thailand and shall get the right not over the aliens who accompanied with.