Thailand Income Tax

Thailand income tax regime is administered under the Revenue Code B.E. 2481 (1938) and enforced by the Revenue Department under the Ministry of Finance. The system is structured around global taxation for residents and source-based taxation for non-residents, with distinct provisions for individuals, companies, partnerships, and international entities.

Recent changes, including the implementation of the remittance rule reform in 2024, the evolving interpretation of tax residency, and integration with global anti-tax evasion frameworks (e.g., CRS and BEPS), have made Thai income taxation an increasingly nuanced and compliance-driven area.

This article offers an in-depth analysis of Thailand’s income tax system, focusing on legal definitions, residency determination, types of taxable income, filing requirements, international tax implications, and administrative procedures.

1. Legal and Institutional Framework

1.1 Primary Statute

  • Revenue Code B.E. 2481
  • Supplemented by:
    • Ministerial regulations
    • Departmental notifications
    • Interpretive rulings

1.2 Regulatory Authority

  • Revenue Department under the Ministry of Finance
  • Operates regional and local tax offices across Thailand
  • Coordinates with international tax authorities under bilateral and multilateral agreements

2. Tax Residency and Scope of Taxation

2.1 Definition of a Thai Tax Resident

An individual is considered a Thai tax resident if:

  • Present in Thailand for 180 days or more in a calendar year

A non-resident is anyone present in Thailand for less than 180 days in the same year.

2.2 Scope of Taxation

  • Residents are taxed on:
    • Income derived from Thailand
    • Foreign-source income remitted to Thailand within the same tax year (new rule as of 2024)
  • Non-residents are taxed only on Thai-source income

⚖️ Tax liability depends not just on source, but also on timing of remittance for foreign income.

3. Categories of Taxable Income (Section 40 of the Revenue Code)

The Revenue Code classifies income into eight categories, each with specific rules:

Section 40 TypeDescription
40(1)Employment income (salaries, wages, bonuses)
40(2)Hire of work (independent contracts)
40(3)Royalties and intellectual property
40(4)Dividends, interest, capital returns
40(5)Rental of property (land, buildings, vehicles)
40(6)Professional services (law, engineering, etc.)
40(7)Business, commerce, agriculture, transportation
40(8)Other income not falling into the above categories

Each category is taxed differently, with some allowing deductions or standard expense rates.

4. Individual Income Tax Rates (Progressive Brackets)

Net Taxable Income (THB/year)Tax Rate
0 – 150,000Exempt
150,001 – 300,0005%
300,001 – 500,00010%
500,001 – 750,00015%
750,001 – 1,000,00020%
1,000,001 – 2,000,00025%
2,000,001 – 5,000,00030%
Over 5,000,00035%

Taxable income = Total income minus deductions, allowances, and exemptions

5. Deductions, Allowances, and Exemptions

5.1 Standard Deductions (Based on Income Type)

  • Employment income: 50% (up to THB 100,000)
  • Rent: 30%
  • Royalties: 50%
  • Business: Actual expenses or standard deduction (30–85%, depending on sector)

5.2 Personal Allowances

  • Personal: THB 60,000
  • Spouse: THB 60,000
  • Children: THB 30,000 per child (plus education allowances)
  • Parental support: THB 30,000 per qualifying parent

5.3 Special Deductions

  • Life insurance premiums
  • Social security contributions
  • Contributions to retirement mutual funds
  • Home loan interest (limited)

6. Taxation of Foreign-Sourced Income (Post-2024 Rule Change)

As of January 1, 2024, Thai tax residents are subject to tax on foreign-source income if remitted into Thailand in the same calendar year it is earned.

Key Implications:

  • Foreign income remitted in a different year is not taxable
  • “Remittance” includes any transfer of funds or asset entry into Thailand
  • Includes dividends, capital gains, salary, rental income abroad

This reform replaced the old rule (tax only when remitted, regardless of when earned), effectively limiting deferral strategies.

7. Withholding Tax Regime

Thailand operates a withholding tax system in parallel with personal income tax:

Income TypeWithholding Rate
Salaries (resident)0–35% (sliding scale)
Dividends10%
Interest15%
Royalties15% (with treaty relief)
Rent5%
Professional fees3–5%
  • Withheld tax may be final or creditable, depending on the type
  • Tax withheld on non-resident income may satisfy the tax liability

8. Corporate and Partnership Income

Corporate Income Tax (CIT)

  • Standard CIT rate: 20% of net profit
  • Small businesses with paid-up capital ≤ THB 5 million and revenue ≤ THB 30 million:
    • 15% on the first THB 300,000
    • 20% on the remainder

Partnerships and LLPs

  • Ordinary partnerships: Taxed as individuals
  • Registered partnerships and LLPs: Taxed similarly to companies

9. Filing and Payment Procedures

9.1 Filing Deadlines

  • Individuals: March 31 of the following year (form PND 90/91)
  • Companies: 150 days from the end of fiscal year (form PND 50)

9.2 Prepayment and Withholding Credits

  • Individuals and companies may offset tax due with withheld amounts
  • Corporate prepayment via PND 51 (interim filing)

10. Double Taxation and International Treaties

10.1 Double Taxation Agreements (DTAs)

Thailand has over 60 DTAs, which govern:

  • Tax residency tiebreakers
  • Permanent establishment definitions
  • Withholding tax reductions
  • Foreign tax credits

10.2 Foreign Tax Credits

  • Allowed if foreign income is also taxed abroad
  • Must be supported by official tax payment certificate
  • Cannot exceed Thai tax payable on that income

11. Penalties for Non-Compliance

OffensePenalty
Late filingFine up to THB 2,000
Failure to fileSurcharge of 1.5% per month (up to full tax)
Understatement of tax100–200% surcharge
Tax evasion (fraud)Criminal prosecution (imprisonment + fine)

12. Tax Administration and Dispute Resolution

  • Audits are conducted by Revenue officers, often initiated via data analytics
  • Taxpayers may file objections or appeals to the Board of Appeals
  • Further appeal possible to the Central Tax Court, then the Supreme Court (Dika Court)

Conclusion

Thailand’s income tax system is legally structured, economically significant, and increasingly robust due to international transparency commitments and domestic enforcement reforms. While the framework remains favorable to some types of foreign income and investment, residents—especially foreign nationals—must now pay close attention to remittance timing, source definitions, and cross-border compliance obligations.

As Thai tax law evolves alongside global standards, individual and corporate taxpayers alike must treat income tax not merely as an administrative formality, but as a strategic and legal obligation with wide-ranging consequences.

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