Foreign corporate presence in Thailand can be in the form of establishing the following:
Branch Office
A branch office is an office of a foreign enterprise, that may
conduct business in Thailand.
A branch office is the same legal entity as the foreign enterprise and therefore
operations of branch offices are restricted under the provisions of the Foreign
Business Act. If a foreign enterprise wishes for its branch office to operate a
restricted business, the foreign enterprise must make an application to the
Ministry of Commerce for a Foreign Business License. The foreign enterprise must
grant the manager of its business activities in Thailand a broad power of attorney
to act on behalf of the foreign enterprise.
There are requirements regarding the remittance of funds into Thailand.
For tax purposes, a branch office is considered a permanent establishment, and its
revenue is subject to Thai tax. It is important to clarify beforehand what
constitutes income subject to Thai tax because the Thai Revenue Department may
consider revenue directly earned by the foreign head office from sources within
Thailand as subject to Thai tax.
A branch office must obtain a taxpayer ID card and be registered as a VAT paying
entity.
Representative Office
In many ways a representative office is the same as a branch office
and the foreign enterprise must make a special application to the Ministry of
Commerce for a Foreign Business License however whereas a branch office may operate
a business and generate revenue, a representative office is not allowed to carry
out any business activity and is not permitted to earn any income.
A representative office is the right structure choice for the
following non-income-earning activities such as:
- the sourcing of goods or services in Thailand for the head office
- inspecting and controlling the quality and quantity of goods purchased or manufactured in Thailand for the head office
- the gathering of marketing and other information, to be passed to the head office
- reporting on business development, trends and activities in Thailand to the head office
- dissemination of information regarding new products and services of the head office
There are requirements regarding the remittance of funds into Thailand.
There are three types of representative offices that require licensing
- finance, security and credit fancier offices
- foreign bank offices
- international business offices
Regional Office
A regional office may be established to coordinate and direct the
operation of the branches and affiliates of the head office in the region on behalf
of the head office.
The regional office has the ability to coordinate and supervise the
company's branches and its affiliated companies in the region on behalf of the head
office.
The regional office may provide these branches and affiliated companies with:
- advisory and management services
- finacial management services
- training and personnel development services
- marketing control and sales promotion plans
- product development
- research and development services
There are conditions to obtain a permit to establish a
regional office. The regional office must not engage in any revenue
generating activities. It must not make offers to sell or purchase goods
or services nor negotiate or enter into business arrangements with any
person in Thailand. Its expenditure shall be borne by the head office.
There are requirements regarding the remittance of funds into Thailand.
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