BOI Incentives and Investment Promotion

Thailand's Board of Investment offers a comprehensive incentive framework for promoted activities, including corporate income tax exemptions of up to eight years, import duty exemptions on machinery and raw materials, and permission for foreign land ownership. Her practice covers the full application lifecycle — from activity eligibility analysis and dossier preparation through to post-approval compliance reporting. She also advises on the additional incentives available under the Thailand 4.0 initiative for targeted industries.

Joint Venture and Corporate Structuring

Foreign equity participation in Thai businesses is regulated by the Foreign Business Act B.E. 2542, which restricts foreign ownership in certain sectors to 49 percent unless a Foreign Business License is obtained. She structures ventures to comply with these restrictions while maximizing the client's operational control, using mechanisms such as Thai nominee shareholder arrangements, preferred share structures, and BOI-promoted company exemptions. Each structure is documented through shareholder agreements with deadlock resolution mechanisms, put/call options, and exit provisions tailored to the specific investment profile.

EEC and Infrastructure Projects

The Eastern Economic Corridor, spanning Chonburi, Rayong, and Chachoengsao provinces, offers enhanced incentives including additional tax holidays, expedited work permit processing, and land use rights for foreign investors. Her advisory covers EEC industrial estate selection, factory establishment under the Factory Act B.E. 2535, environmental impact assessment coordination, and connectivity infrastructure agreements for logistics and supply chain operations.

Client Considerations

Chinese investors entering Thailand regularly encounter three procedural traps: under-documented related-party transactions during BOI review, shareholder agreements that do not comply with Thai civil and commercial code formalities, and work permit applications filed before the Foreign Business Certificate is secured. Each delay typically costs 3–6 months of project timeline.

Professional Standards

Engagements commence with a written scope of work, clear fee structure, and timeline milestones. All Thai-language documentation is translated and certified. Clients receive monthly status reports with risk matrices and regulatory updates. Conflicts of interest checks are completed before any new matter is accepted.

Education

Chulalongkorn University, LL.B.; University of Cambridge, LL.M.

Languages

Thai, English, Mandarin Chinese

Bar Admission

2005

Firm

Mahanakorn Partners Group

Work Permit and Business Visa Facilitation

Foreign executives and technical personnel assigned to Thai operations require Non-Immigrant B Visas followed by Work Permits issued by the Ministry of Labour. She manages the visa application cycle including supporting documentation from the BOI or the Ministry of Commerce, work permit application at the One-Stop Service Center for BOI-promoted companies, and annual work permit renewal. For Chinese nationals, the visa exemption agreement between Thailand and China applies to tourist entry but does not cover work activities, making proper work authorization essential. She also advises on the Thai Smart Visa program for executives, investors, and start-up founders in targeted industries, which provides a four-year residence permit without the need for a work permit.

Cross-Border Transaction Support

Beyond regulatory compliance, she supports Chinese clients in structuring cross-border acquisitions of Thai businesses, including legal due diligence covering corporate records, material contracts, litigation history, regulatory permits, and intellectual property ownership. Share purchase agreements and business transfer agreements under Thai law must comply with specific Civil and Commercial Code formalities. She coordinates with Thai tax advisors on transaction structuring, withholding tax obligations, and double taxation agreement benefits available under the Thailand-China Double Taxation Agreement. Post-acquisition integration advice covers labor law compliance, existing contract novation, and brand licensing arrangements.

Thai Tax Considerations for Foreign Investors

Foreign corporate investors in Thailand must register for corporate income tax with the Revenue Department, obtain a tax ID card, and comply with monthly and annual tax filing obligations. The Thai Revenue Code imposes corporate income tax at 20 percent on net profits, with reduced rates available for BOI-promoted companies. Dividend withholding tax at 10 percent applies to profit distributions to foreign shareholders, though the Thailand-China Double Taxation Agreement reduces this rate to 5 percent for Chinese parent companies holding at least 25 percent of the Thai subsidiary. Value Added Tax at 7 percent applies to most goods and services, with export activities zero-rated. Transfer pricing documentation requirements under section 71 bis of the Revenue Code apply to related-party cross-border transactions exceeding specified thresholds.

Labor Law Compliance for Chinese Employers

The Thai Labor Protection Act B.E. 2541 establishes minimum employment standards including a 48-hour work week, overtime pay at 1.5 to 3 times the regular rate depending on the time and day of work, severance pay scales from 30 to 400 days of wages based on tenure, and strict conditions for lawful termination. Chinese employers in Thailand frequently underestimate the documentation required for lawful termination and the statutory compensation for reduction in workforce. Social security contributions are shared between employer and employee at 5 percent each of insurable wages capped at 15,000 THB per month. Work rules must be filed with the Ministry of Labour and provided to employees in Thai language.