Domestic withholding tax rate quick reference (editable workbook)
There is no single rate — it is set by two things together: the class of income and who is being paid. The sheet lists the sub-clauses of article 2 of Ministerial Regulation No. 144 row by row, and each row carries the clause number, the rate, and the payers that Director-General's Order ThPo 4/2528 designates as having to withhold for that payment type. Step 3 is the one that gets skipped whole: the Order designates different payers as having to withhold for different payment types, and an individual payer does not carry the duty for all of them. Cells that move case by case are amber and left for an adviser to settle.
01The common mistake is checking only one of the two documents
Domestic withholding does not rest on one document but on two, and in practice they get cited interchangeably. Section 3 Teras of the Revenue Code empowers the Director-General of the Revenue Department to order payers who would otherwise have no duty to withhold; but the criteria, the conditions and the rates are set by ministerial regulation. That regulation is No. 144 (B.E. 2522), and its article 2 is a classified rate table. The order the Director-General issued under it is ThPo 4/2528, and it answers a different question: who must withhold from whom, on what conditions, and with what exceptions.
So there are two places to look: for the rate, article 2 of Ministerial Regulation No. 144; for who must withhold and the exceptions, the Order. Check only one and it is easy to reach a conclusion that looks right and does not land. Hire-of-work is the clearest case — the regulation lists 3%, while a payment to a company established under foreign law that carries on business in Thailand without a permanent branch office here is 5%, and that distinction sits in the Order, not in the rate table. This sheet puts both documents on the same row so those two steps stop being separate searches.
02What is in the workbook
Four sheets:
- Rate quick reference: the sub-clauses of article 2 row by row, each with four things — the recipient, the rate, the clause number, and the payers the Order requires to withhold.
- 1.0% self-check: the two conditions checked one by one and the seven listed classes compared one by one. Each class excludes foundations and associations carrying on revenue-earning activities, and that is written into the sheet so there is no need to go back to the text.
- Who must withhold, and in what order: a five-step checking order, each step naming which document to look at and what goes wrong if it is skipped, plus two notes on what most often goes wrong — the de minimis threshold, and whether a foreign company has a permanent branch here.
- Payment ledger: blank throughout, one row per domestic payment, rows added as needed, with an internal cut-off date and an owner so it works as a control sheet before funds go out.
03Which cells are deliberately left blank
The rate column is fixed in the text and can be traced back from the clause number, so the sheet states it. What genuinely moves case by case is three other things, and all of them are amber:
- Which sub-clause your payment falls under — that follows the class of income and who is paid, not what the contract calls the payment.
- Whether the 1.0% rate holds for this payment — the remittance-method condition turns on the route the money actually took, not the route that was intended.
- The de minimis threshold — the two documents each state one, at different levels of the hierarchy, and which governs your class of payment is for an adviser to settle, so the sheet gives no single figure. A quick reference with the threshold guessed in is more dangerous than one that leaves it open: it invites people to stop checking.
One more thing to say up front: the return, the remittance deadline and the form of the withholding certificate are outside the scope of this sheet. That cell is amber too — please take it to our advisory team separately.
04How to use the sheet
Work the five steps in order. Step 2 is where mistakes happen: a sub-clause often splits by who is paid, and reading the clause number without the recipient is how 3% and 10% get mixed up, or how something that belongs at 5% is withheld at 3%. Step 3 is the one skipped whole — going back to the Order to check whether the Order requires you, as payer, to withhold on that payment type.
On the 1.0% rate there is a timing gap worth noting. The previous 1% period ended on 31 December 2025, while the new provision was only published in the Royal Gazette on 9 October 2026 — yet its period runs back, by payment date, to 1 January 2026. Payments made between January and October 2026 that were withheld and remitted at the earlier rate therefore do not match the provision as it now stands. Ministerial Regulation No. 402 contains no transitional rule, so the difference cannot be adjusted off the rate table on your own; it has to be worked through payment by payment against the Revenue Department's current practice. Only the rate changed — the return, the certificate and the deadlines are unaffected.
Which sub-clause and which rate each of your payments falls under, which of them reach the 1.0% rate, and how to handle amounts already withheld at the earlier rate, all have to be verified payment by payment against the contracts, the payment records and the remittance route, and checked back against the official provisions in force before filing.
What is in the workbook
- Rate quick reference: the sub-clauses of article 2 of Ministerial Regulation No. 144 row by row — hire-of-work, other service fees, advertising, transport, non-life insurance premiums, promotional rewards and discounts, rent, independent professional fees, income under sections 40(2), 40(3) and 40(4), prizes, purchases of agricultural produce, aquatic animals and uncut gemstones, and the residual case. Each row carries the recipient, the rate and the clause number
- The same row also gives the payers that Director-General's Order ThPo 4/2528 requires to withhold — an individual payer does not carry the duty for every payment type, and that layer is not in the rate table
- 1.0% self-check: the two conditions checked one by one, the seven listed classes compared one by one, with the exclusion of foundations and associations set out in the sheet
- Who must withhold, and in what order: a five-step checking order, each step naming which document to look at and what goes wrong if it is skipped, plus notes on the de minimis threshold and on the permanent-branch question
- Payment ledger: left blank throughout, one row per domestic payment, rows added as needed, with columns for an internal cut-off date and an owner so it works as a control sheet before funds go out
- Cells that move case by case are amber: which sub-clause your payment falls under, whether the 1.0% rate holds, the threshold, and the return and its deadline — all left for an adviser to settle against your contract and your recipient
Download
Common questions
- Why does the same hire-of-work fee get quoted at 3% by some people and 5% by others?
Both can be right; the difference is who is paid. Article 2 of Ministerial Regulation No. 144 lists hire-of-work at 3%. Where the recipient is a company or juristic partnership established under foreign law and carrying on business in Thailand, what matters is whether it has a permanent branch office here — with one, 3.0%; without one, 5.0%. That distinction sits in Director-General's Order ThPo 4/2528, not in the rate table, which is why checking the rate table alone misses it. Getting it wrong moves the whole rate, so it has to be verified payment by payment against the contract and the recipient's registration.
- I am an individual paying a service fee to a Thai company. Do I have to withhold?
Not necessarily — it depends on the payment type. The Order designates, separately for each type, which payers have to withhold. For hire-of-work paid to a domestic recipient, for advertising, for transport and for other service fees, the payers it designates are companies, juristic partnerships and other juristic persons; an individual payer is not among them. For prizes, and for hire-of-work paid to a foreign company with no permanent branch here, the designated range does take in individuals, ordinary partnerships and non-juristic bodies. Which type your payment is, and whether the Order designates you as having to withhold on it, has to be checked against the relevant clause of the Order.
- Does the 1.0% rate apply to every payment?
No. Two conditions have to hold at the same time: the payment is made between 1 January 2026 and 31 December 2027, and the person obliged to remit does so by the method prescribed under section 3 Panaras of the Revenue Code. Remit by any other route and the payment keeps the rate that otherwise applies to it. Even where both conditions hold, the rate reaches only the seven classes the clause lists, and each of those excludes foundations and associations carrying on revenue-earning activities. Whether it reaches your payment is for an adviser to settle.
- What is the de minimis threshold?
The sheet deliberately does not give one figure. Ministerial Regulation No. 144 and Order ThPo 4/2528 each state a threshold, at different levels of the hierarchy, and which one governs your class of payment is something we have not yet settled — so we do not write it down. Judging by the wrong threshold produces small payments that should have been withheld on and were not. That cell is left for an adviser to settle against the payment type and the contract amount.
Related
Sources
- Revenue Department (Thailand): Ministerial Regulation No. 144 (B.E. 2522) issued under the Revenue Code concerning income tax — the consolidated text on the Revenue Department website, incorporating successive amendments, the page reporting itself as last updated 20 October 2026: article 1 on the delegation, article 2 on the classified rates and their sub-clauses, article 3 on the de minimis threshold, and sub-clause (17/5) on the 1.0% rate and the classes it reaches. Originally published in the Royal Gazette, volume 96, issue 203 (11 December 1979). Retrieved and checked 2026-10-26.
- Revenue Department (Thailand): Director-General's Order ThPo 4/2528, ordering payers of assessable income under section 40 of the Revenue Code to withhold income tax at source — the consolidated text on the Revenue Department website. Its opening recites section 3 Teras of the Revenue Code and Ministerial Regulation No. 144 as its authority. The payers required to withhold, as shown in this sheet, are taken row by row from clauses 3/2, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 12/1 to 12/4 of that Order, and the threshold from clause 12/7. Retrieved and checked 2026-10-26.
- Royal Gazette: Ministerial Regulation No. 402 (B.E. 2569) issued under the Revenue Code concerning income tax, volume 143, issue 63 Kor, pages 1 to 3, published 9 October 2026 and signed 1 October 2026 — replacing sub-clause (17/5) of article 2 of Ministerial Regulation No. 144 and setting the 1.0% rate and its period from 1 January 2026 to 31 December 2027. Retrieved and checked 2026-10-26.
- General note: the rate that applies to a sub-clause turns on the class of income and on who is paid, and is further limited by who must withhold and by the exceptions set by the Director-General's Order. The de minimis threshold, the return, the remittance deadline and the form of the withholding certificate are outside the scope of this sheet. Rates and conditions are as provided by the official text in force at the date of payment; this sheet is not filing advice on any particular case.
Once the sheet has located the payment, which sub-clause and which rate apply, and how to handle amounts already withheld at the earlier rate, depend on the contract and the payment records.
中文版 · Chinese version