中税泰国CTAC Thailand
Service · BOI application

Thailand BOI application: from tier analysis to certificate

In short

The BOI tier decision is the input that the investment projections and the shareholding structure rest on. Choose the wrong activity item or misjudge the tier, and the capacity plan, the financial projections and the corporate structure behind them all have to be rebuilt. We run this from the tier assessment through to the certificate, and then pick up the continuing obligations that follow certification.

01Which projects should talk to us

The reverse holds too. Pure trading, pure retail and other activities outside the promotion scope, pure agency arrangements with no physical investment behind them, and projects far below the size thresholds are usually not worth forcing through an application. We say so before the engagement starts rather than taking the sign-now-work-it-out-later business.

02What we actually do

The service covers five things.

03What we need from you

Plainly: what usually holds up a BOI application is not the reviewing side. It is the applicant's own data, signatures and seals. What we mainly need from you is the investment list, the capacity and process description, the basis for the financial projections and the company registration documents, plus the company seal at a few points along the way. We keep a list of who owes what to whom and update the current bottleneck every week, rather than going back to look for the cause after progress has already stalled.

On timing: the authorities set evaluation time limits graded by investment amount, but the real elapsed time from filing to certificate also has to absorb interview scheduling, correction round-trips and the acceptance step. We do not promise a number of days. We work backwards instead — from your target certificate date to the latest acceptable date for each step, so you can see whether you are ahead or behind right now.

04The certificate is not the finish line

The pattern we see is this. The project team disbands once the certificate is in hand, the certificate goes into a filing cabinet, and none of its conditions ever becomes part of anyone's daily job. Two years later the business has shifted and people have moved on, and nobody has gone back to check the operation against the certificate. By the time the annual report raises the question, three or four items of non-compliance have already piled up.

A late or missed report reaches straight into the duty-free import entitlement — goods arrive at port and cannot be released. Continued failure to perform can trigger suspension or withdrawal of the promotion status, and clawback of the tax benefits already taken. That part is retroactive: find it in year three and it is three years of benefit to repay.

So we treat the post-certificate stage as a separate service line, not as a free extra attached to the application. Quarterly and annual reports, reconciling the exemption allowance at both ends, executing the duty-free imports of machinery and raw materials, and the position and work permit deadlines for foreign staff all need watching continuously.

05Why work with us

Every conclusion traces back to the official text, with the date it was retrieved. Our positions come from the current announcements and statutory text of the Board of Investment (BOI), the Revenue Department (RD), the Department of Business Development (DBD) and Thai Customs — not from what is generally assumed to be the case. When a position changes, we tell you which provision changed.

06What you get

Four deliverables.

Common questions

Can a wholly foreign-owned company still apply?

Most promoted manufacturing activity items do not themselves cap foreign shareholding, and a wholly foreign-owned manufacturing project can normally apply in the ordinary way. The real question is not whether you can apply, but choosing the right activity item and arguing for the right tier — and that has to be assessed case by case.

Can you guarantee which tier we will get?

No, and nobody can. The tier is what the reviewing side determines against the current promotion list, and it turns on the activity item, the evidence of technical content and the quality of the investment projections. What we can do is make those three solid, and be clear about the target tier and how we intend to argue for it. Treat any promise of a specific tier with caution.

The company is already registered, and even already operating. Can we still apply?

It depends on the actual business, the investment plan and what has already been spent. The situations differ a great deal, so it has to be judged case by case. A question like this is best handled with a short review before the engagement, and then a decision on whether to proceed.

How is the fee calculated?

We quote by scope of work. How complex the tier assessment is, how many applications are involved, whether translation of supporting material is included, and whether post-certificate management is included all change the workload considerably. Describe the project to our advisers and we will issue a quote that states the scope and the deliverables.

Related

Checked against the official texts by the CTAC Thailand advisory team. We track the gazettes of the BOI, the Revenue Department, the Department of Business Development and Thai Customs every week; when an official position changes, the affected pages are updated and dated.
This page is general information based on the rules in force at the date shown. Thai BOI categories, incentive conditions and foreign-investment rules change often. Before acting on any specific project, check the latest official announcement and have a formal opinion issued on your own facts.
Tell us about the project and our advisers will set out the next step

We quote by scope, stating what we do and what you receive. Talk it through first, decide after.

中文版 · Chinese version