A Guide to BOI Business Setup in Thailand: Benefits and Legal Requirements

In order to successfully set up a business in Thailand, it requires meticulous planning and adherence to the legal landscape. One strategic move that can significantly boost your venture is obtaining approval from the Board of Investment (BOI). In this extensive guide, we will walk you through the key steps, benefits, and legal requirements for establishing a BOI-approved business in the Land of Smiles and who to contact for expert legal and tax support in Thailand.

What is the Board of Investment (BOI) in Thailand?

Established in 1966 under the Industrial Promotion Act, the Office of the Board of Investment, commonly known as the BOI, holds a pivotal role in driving business investment in Thailand. Its mission revolves around incentivizing investments through a strategic blend of tax and non-tax benefits. Beyond fostering local ventures, the BOI extends its support to Thai investors venturing into international markets.

Over the past five decades, the BOI has emerged as the cornerstone of Thailand's investment landscape, playing a crucial role in shaping business trajectories both at home and on the global stage. With a dual focus on enhancing Thai competitiveness and steering clear of the middle-income trap, the BOI is committed to facilitating balanced and sustainable economic growth within the country.

BOI Organization Chart

What are the Main Objectives of Thailand’s Board of Investment?

The BOI Thailand is not just a rubber stamp for businesses; it plays a crucial role in the economic landscape by:

1. Promoting Investment Opportunities: Attracting both local and foreign investors.
2. Technology and Innovation Development: Fostering advancements in technology.
3. Fueling Economic Growth: Contributing to the overall economic prosperity of Thailand.

How to Achieve BOI Approval: Your Roadmap to Success

Before getting into the BOI application process, a vital step cannot be overlooked—the feasibility study. Engaging in this process ensures that your project aligns with the government's vision. First, it is necessary to scrutinize your BOI project idea, and present it to government officers for invaluable insights and adjustments.

The feasibility study may seem like another bureaucratic hurdle; however, it represents an opportunity to refine your business model. During this stage, you should delve deep into your project idea, analyzing its potential, risks, and impact. The insights gained here will not only strengthen your BOI application but also set the stage for a more successful venture.

Making the BOI Application

Armed with a refined BOI plan, you should take steps to meticulously prepare your application, leaving no document unchecked. The timeline for approval varies based on investment values:

• Less than 200M THB: Promotion within 40 working days.
• 200M-2B THB: Subcommittee consideration within 60 working days.
• More than 2B THB: Subcommittee and BOI board approval within 90 working days after submission.

BOI Board Approval

Following submission, within seven working days, the BOI will notify you of the application outcome. This letter of acceptance includes details on granted benefits. Remember, a separate application for BOI promotion certification is necessary.

Board approval is not merely a formality; it's the government's acknowledgment of your project's merit, so be sure to take every step to ensure your application is as strong as possible.

Thailand Company Registration

Post-approval, you have six months to establish a Thai company. Submit a comprehensive set of documents, including the application form, company registration certificate, and investment certificate, among others. Your diligence here paves the way for the next phase.

Company registration is not just about paperwork; it's about laying the foundation for your business operations in Thailand. Find out more about how to set up a business in Thailand.

Securing your BOI Certificate

Within 10 working days of document submission, the BOI issues your investment promotion certificate. Complying with its conditions is paramount.

The BOI certificate is your pass to a number of key benefits and this phase is crucial in setting the tone for your business journey in Thailand.

Work Permits and Visas for BOI Promotion

With the BOI promotion certificate in hand, register your company in the e-expert system before hiring foreign employees. This sets the stage for streamlined work permit and visa applications via the BOI one-stop service center.

Navigating Thailand's immigration and labor laws can be complex, explore the Best Employment & Labor Lawyers in Thailand who will guide you through the intricacies of obtaining work permits and visas, ensuring that your workforce is legally compliant and ready to contribute to your business success.

Reporting and Staying Compliant for the BOI

A BOI-approved venture isn’t a passive endeavor. Strict adherence to reporting timelines, including machinery importation and company construction milestones, is essential. Your proactive approach ensures a harmonious relationship with the BOI.

Compliance is not just a legal obligation; it's a commitment to transparency and accountability. Take care to establish robust reporting mechanisms, ensuring that you not only meet regulatory requirements but also demonstrate your company’s commitment to responsible business practices.

BOI Accounting and Reporting Protocols

To maintain your BOI status, meticulous adherence to accounting and reporting protocols is non-negotiable. Government bodies will closely monitor your compliance with SSF, WHT, VAT, and yearly auditing.

Accounting and reporting go beyond regulatory checkboxes; they are the lifeline of your business. Browse our list of Tax Lawyers in Bangkok to help you implement robust accounting practices, ensuring that your financial reporting not only meets legal requirements but also provides valuable insights for strategic decision-making.

What are the BOI Thailand Incentives?

Acquiring BOI status unleashes a treasure trove of tax and non-tax privileges, and it truly places your venture on a pedestal. Let’s take a look at some of the main perks.

BOI Tax Incentives

BOI-certified companies enjoy a range of tax benefits:

• Corporate Income Tax Exemption: Up to eight years.
• Specialized Exemptions: Tailored for advanced technology, R&D, and high-tech development.
• Import Duty Reduction or Exemption: A boon for raw materials and machinery.
• Dividend Tax Reduction: Easing the burden on shareholders.

BOI Non-Tax Incentives

Beyond financial gains, non-tax incentives elevate your business standing:

• Foreign Skilled Workers: Permission to hire without rigid employment ratios.
• Land Ownership: Full ownership rights, even for foreign entities.
• Fund Remittance: Freedom to transfer funds in foreign currency.
• Protection from Nationalization: A safeguard against business upheaval.
• Injection of Funds: Must precede BOI promotion certification issuance.

Non-tax incentives go beyond the balance sheet; they are about creating a conducive environment for your business to thrive. We recommend you look into each of these incentives, ensuring that you not only understand them but also use them strategically to enhance your specific business operations.

Is Your Company BOI-Eligible?

Now we have outlined some of the key benefits, you might be wondering if your business is eligible to apply. It should be noted that the BOI promotion isn’t a one-size-fits-all privilege. Success under the BOI banner hinges on meeting stringent eligibility criteria:

• Falls within Eligible Business Categories: Embracing one of the eight designated sectors.
• Performs Eligible Activities: Activities aligned with your business category.
• Meets Minimum Capital Investment: Complying with the stipulated sum.
• Duly Registered under Thai Law: A legal prerequisite.
• Satisfies Business Requirements: Meeting the criteria set forth by the BOI.
• Economic Significance: Contributions to economic growth and innovation.
• Export-Oriented Activities: A key factor for favorable consideration.
• Employment Creation: A commitment to generating jobs for Thai nationals.
• Environmental and Social Impact: Prioritizing sustainability and social responsibility.
• Compliance with Regulations: A history of legal adherence.

Eligibility is not just about ticking boxes; it's about positioning your business for success. Prior to applying, be sure to conduct a thorough assessment to ensure that your business not only meets the minimum requirements but also aligns strategically with the goals of the BOI.

What Activities Are Open for BOI-Promotion?

BOI is a gateway to diverse sectors, from agriculture to technology. Some prominent BOI-promoted potential activities include:

• Agriculture and Agricultural Products: Focusing on value-added products.
• Metal Products, Machinery, and Transport Equipment: Embracing Manufacturing Excellence.
• Digital, Creative, and High-Value Services: Encouraging innovation and creativity.
• Renewable Energy and Environmental Services: Spearheading sustainability initiatives.

The spectrum of BOI-promoted activities is vast, providing opportunities for businesses across various industries.

Moving Forward with Ongoing BOI-Promotion Success

Navigating the BOI approval process in Thailand is a process that requires careful planning. Each step, from the feasibility study to compliance reporting, plays a vital role in harmonizing your business with the regulatory landscape. As you take this potentially rewarding journey, remember, BOI approval isn’t just a legal formality; it can open up a world of real benefits and opportunities for your business in Thailand’s marketplace.

Sustaining Success in the Thai Business Landscape

Obtaining BOI approval is not the end; it's the beginning of a dynamic journey. Sustaining success in the Thai business landscape requires ongoing commitment and strategic navigation. You need to stay on top of the process to ensure that you not only maintain compliance but also leverage the full spectrum of benefits that BOI approval brings.

Post BOI-Approval: Recommended Steps to Optimize

1. Regulatory Compliance Management: Stay abreast of regulatory changes and ensure ongoing compliance with BOI requirements.
2. Strategic Business Analysis: Stay on top of industry insights to make informed decisions that drive business growth.
3. Tax Optimization Strategies: Continuously explore opportunities for tax optimization and financial efficiency.
4. Market Expansion Considerations: Explore opportunities for market expansion within Thailand and the broader ASEAN region.
5. Sustainability Integration: Align your business with evolving sustainability goals and contribute to responsible business practices.

In order to achieve sustained success in the Thai business landscape, it is not about securing a one-time achievement; it's a continuous journey of adaptation, growth, and strategic decision-making.

Whether you are a startup venturing into the Thai market or an established business seeking new avenues for growth, it is worth consulting with some of the Best BOI Lawyers in Thailand for more information on how to take the next step on the road to business success.