Board of Investment Visa

These are the main roles that the BOI Thailand has:

• Promotion of investment opportunities for Thailand and other countries

• Technology innovation and development in Thailand

• The economic growth of Thailand should be increased

The following steps will help you apply for BOI Thailand.

Feasibility Study

There is an important step before we can begin the BOI Thailand application process. We will assist you with the feasibility study. We will examine your BOI project and present it to the government officials. This will give us a good idea of your project and help us decide if it is feasible. This will allow us to identify any necessary changes to your BOI plan prior to you submitting the application.

BOI Application

After reviewing your BOI strategy and plan, and making the necessary changes, after speaking with various government officials, our lawyers will prepare your application form. We will attach all required documents based on your business plan. To monitor your progress and avoid disappointment, our lawyers will submit your application forms along with the relevant documents to the government officials. Our legal counsels will make sure that your BOI company is fully certified and operating in compliance with Thai law.

• Promotion for investment values below 200M THB – Within 40 working days of the acceptance of your application
• Subcommittee to consider investment values exceeding 200M THB. The approval of BOI plans will be granted within 60 days from the submission.
• Investments exceeding 2B THB – Subcommittee consideration and approval by BOI board within 90 days of the submission.

Approval of the Board

After your application has been submitted to the BOI they will notify you by writing if your application is accepted or rejected after seven working days. The BOI will inform the applicant about any benefits associated with the BOI project. It is also important to remember that the BOI promotion certificate will require a separate application. After the BOI Thailand has issued the approval receipt, the applicant must fill out the details and submit them within 30 days to the BOI. If an applicant is unable or unwilling to complete the details within 30 days, he/she will need to send a clarification letter to BOI Thailand. This may allow them to extend the deadline for submitting the application. Important to note is that this extension will not be granted more than three times. It is best to submit the application on time.

Register BOI Company

It is essential that you establish a Thai company within six months of your BOI Thailand approval if you want to be eligible for the BOI promotion certificate. The following documents must be submitted to the Office of the Board of Investment in Thailand during this period:

• • Application form to BOI Promotion Certification

  • Certificate of registration for company

  • Memorandum of Association

  • List of shareholders

  • Certification includes the registered capital, names of authorized directors and the registered address

  • Bank of Thailand Investment Certificate or Recipients of Transfer of Funds from Different Countries

  • Technology transfer agreement

  • Franchise agreement

  • JV contract

  • This form includes all human resources requirements

The registration form must be 8-10 pages in length and include the following information.

• • The total amount of your company’s registered capital and how you plan to use or invest that money

  • Information about your business plan, the machinery and software you will use during the execution of the project

  • You will need to know how many people from Thailand or other countries you are going to hire, as well as their salaries.

  • These are the steps or strategies that you will use to train your Thai employees

  • The relevant information, such as the qualifications and skills of the management team at company, is available.

  • Your company’s estimated revenue for the first few year

Deadline to submit documents:

The applicant must submit all documents by the deadline. If the applicant fails to submit all the documents within the deadline, he/she must send an explanation letter to BOI Thailand. They will then extend the deadline for submission. Keep in mind that the extension for documents to BOI Thailand cannot be extended for more than four months and that it can only be granted once. After receiving all documents from the Office of Board of Investment Thailand, they will issue you the investment promotion certificate for your BOI company. It is imperative that you follow all conditions in the certification.

Application for BOI Visas and Work Permits

Once the BOI promotion certificate is issued, the company must register into the eexpert system to hire foreign workers. After foreign applicants have been approved by the e-expert, they can submit their applications for the work permit or visa to Thailand via the BOI one-stop center (OSOS).

Compliance and reporting to the BOI

After receiving the BOI promotion certificates, the BOI promoted company must comply with the following requirements. Make sure you report it to OBOI.

• To enjoy reduced tax duties, import machinery and equipment within 30 months
  
• Construction of the factory or company must be completed in 36 months. All machinery and equipment must also be installed.
  
• If you require more time to complete these steps, you should inform OBOI in writing.

• Accounting and Reporting Protocols

Each BOI-registered company in Thailand must strictly follow accounting and reporting procedures. BOI inspectors and revenue department officials will closely monitor the company to ensure that they are following the reporting requirements for Social Security Fund (SSF), Value Added Tax, (VAT), and yearly auditing.

There are certain eligibility requirements that must be met before your company can determine if it is eligible for a BOI Promotion. If your company meets the following criteria, you are eligible for BOI promotion.

• Your company is one of eight categories eligible for business.

• Your company is eligible to perform activities that are related to its category

• Your company meets the minimum capital investment amount

• Thai law has registered your company.

• Your company is in compliance with all business requirements

To determine if your company is participating in the eligible activities, you need to first understand what these activities are. You must ensure that your business falls within the following business categories in order to receive a BOI Thailand promotion certification.

• Agriculture and agricultural products

• Light industry

• Public utility and services

• Chemicals, plastics and paper

• Innovation and technology development

• Electric appliances and the electronic industry

• Machines, metal products and transport equipment

• Basic metals, mining, and ceramics

Check out the list of BOI-eligible activities

After you have verified that your company operates in one of the 8 business categories above, the next thing you should check is whether your company is participating in the BOI-approved activities. If your company operates in the technology or innovation development sector, the following are eligible activities for your BOI promotion certificate.

• Biotechnology development

• Nanotechnology development

• Advanced material technology development

• Digital technology development

Your company can be closer to receiving a BOI promotion certification if it performs at least one of the eligible activities. You should remember that even though your company falls within one of the eight categories that are eligible, it will not be eligible for the BOI promotion certificate.

Limited companies in Thailand are subject to certain tax regulations and tax schemes. However, if you receive a BOI promotion certificate for your company, you can benefit from the following tax incentives and non-tax benefits.

• Thailand BOI Tax Incentive

  Here are some tax privileges that come with BOI Promotion Certificates in Thailand

• For several years, exempt from corporate income tax

• For activities that are related to advanced technology or infrastructure, you can get a 8-year exemption from corporate income tax
  
• For activities that involve high-tech for the development Thailand, exempted for 5 years from corporate income tax
  
• For activities that add value to Thailand’s domestic resources, 3 years exemption from corporate income tax
  
• Import duties on raw materials, machinery and machinery reduced or exempt