Best Board of Investment (BOI) Lawyers in Bang Khen

About Board of Investment (BOI) Law in Bang Khen, Thailand

The Thailand Board of Investment is a national agency that grants tax and non tax incentives to eligible projects in targeted industries. Although BOI policy is set and administered at the national level, many promoted companies choose to locate in Bangkok districts such as Bang Khen because of access to infrastructure, workforce, universities, and transport links. For a business owner or investor in Bang Khen, BOI promotion can mean a lower cost of doing business and easier market entry compared to operating under standard foreign investment rules.

Under the Investment Promotion Act B.E. 2520 as amended, the BOI may grant incentives such as corporate income tax holidays, exemptions or reductions on import duties for machinery and raw materials, permission for majority or 100 percent foreign ownership in promoted activities, facilitation in obtaining visas and work permits for foreign experts, and permission to own land for the promoted project. Eligibility depends on the sector, the project plan, technology level, value added, environmental controls, and other merit based criteria. Application and post approval compliance are formal processes with strict timelines and documentary requirements.

Why You May Need a Lawyer

Business owners and investors in Bang Khen commonly engage a BOI focused lawyer for several reasons. First, scoping and structuring the project requires matching your business model to BOI activity codes and incentive tiers, which can affect tax holidays, import duty exemptions, and foreign ownership rights. Second, preparing the application requires detailed financial models, technology descriptions, employment and training plans, and environmental measures that must align with BOI criteria. Third, coordination with related regimes is essential, including company registration, the Foreign Business Act, visas and work permits, and any sector specific licenses such as software, manufacturing, or healthcare approvals.

Lawyers also help negotiate leases or land purchases within Bang Khen that comply with zoning and building regulations, draft shareholder agreements to reflect BOI conditions, and manage transfer pricing, related party transactions, and tax rulings. During implementation, counsel can assist with importing machinery under duty exemptions, meeting performance milestones, filing reports to maintain BOI status, and responding to inspections or queries. If the BOI proposes to reduce or revoke incentives due to non compliance, legal representation is valuable to protect your position and seek corrective measures.

Local Laws Overview

Investment Promotion Act B.E. 2520 as amended governs BOI incentives. It sets application procedures, defines eligible activities, and establishes incentives such as corporate income tax holidays, duty exemptions, and non tax benefits. Approval letters and promotion certificates include conditions and timelines that are legally binding.

Foreign Business Act B.E. 2542 regulates foreign ownership in service and other businesses. Without BOI promotion, many activities require a Foreign Business License. With BOI promotion, a foreign investor usually obtains a Foreign Business Certificate linked to the promotion, which is more streamlined.

Revenue Code governs corporate income tax at a standard 20 percent rate, value added tax, withholding tax, and transfer pricing documentation. BOI tax holidays apply only to income from promoted activities, and ring fencing rules apply. Post holiday incentives may include accelerated depreciation and deductions if conditions are met.

Immigration Act and work permit regulations provide the framework for visas and employment of foreigners. BOI companies receive facilitation in obtaining Non Immigrant B visas, work permits, and may be eligible for Smart Visa in targeted industries. The One Stop Service Center in Bangkok processes many BOI related immigration matters.

Labor Protection Act, Social Security Act, and related regulations apply to employment. BOI conditions often require training of Thai staff and knowledge transfer. Employment contracts, workplace policies, and compliance with minimum standards are necessary for operations in Bang Khen.

Land Code and Condominium Act govern foreign ownership of land and buildings. BOI promoted companies may receive permission to own land for the promoted project, which is an exception to general foreign ownership rules. Leases and construction permits within Bang Khen must also comply with Bangkok Metropolitan Administration regulations.

Factory Act and environmental laws apply to manufacturing and certain service facilities. Depending on the activity, you may need factory licenses, environmental impact assessments, or pollution control measures. Within Bangkok, additional zoning and building control notifications apply, which are administered at the district level including Bang Khen District Office.

Data protection and digital operations in Bang Khen must comply with the Personal Data Protection Act B.E. 2562 and any sector guidelines. For digital and tech projects, BOI may request cybersecurity and data management plans as part of the application or post approval conditions.

Frequently Asked Questions

What types of businesses in Bang Khen are commonly eligible for BOI promotion

Commonly promoted activities include software and digital services, research and development, biotech, medical devices, robotics and automation, logistics services with technology components, and certain light manufacturing with high value added. Eligibility depends on technical content and merit based criteria, not only location, but many services and tech projects can be based in Bang Khen.

Does BOI promotion allow 100 percent foreign ownership

Yes, for many promoted activities BOI allows majority or 100 percent foreign ownership. The exact shareholding permitted depends on the activity category and any sector specific restrictions. A BOI promoted company typically receives a Foreign Business Certificate instead of a standard Foreign Business License.

How long does the BOI application process take

Timelines vary with project size and sector. Small and medium applications often receive a decision within about 40 to 90 days after a complete submission and interview. Larger or sensitive projects can take longer. After approval, you must meet deadlines to form the company, obtain the promotion certificate, and implement the project.

What tax benefits can I expect

Depending on the activity and merits, benefits may include corporate income tax holidays for a set number of years, exemptions or reductions on import duties for machinery and raw materials, and post holiday incentives such as accelerated depreciation. Benefits apply only to income from the promoted activity and are subject to compliance with BOI conditions.

Can a BOI company in Bang Khen own land

BOI may grant permission for a promoted company to own land for the promoted project. This is an exception to general foreign ownership restrictions. Legal due diligence, zoning compliance, and building permits within Bangkok will still apply.

How do BOI incentives interact with the Foreign Business Act

BOI promotion typically enables a Foreign Business Certificate tied to the project, which is more straightforward than a full license. If you operate non promoted activities, those may still require a license under the Foreign Business Act. Proper structuring and segregation of activities is important.

What immigration options are available for BOI companies

BOI companies receive facilitation for Non Immigrant B visas and work permits for foreign experts and executives. In targeted industries, the Smart Visa may offer longer stay, fewer reporting requirements, and simplified work authorization for qualifying personnel, spouses, and dependents.

Do I need a factory license if I am located in Bang Khen

Only if your activity falls under the Factory Act. Many digital or service businesses do not. If you are manufacturing, your facility type and output determine whether a notification or a full license is needed, and environmental controls may be required. Local building and zoning rules in Bangkok also apply.

What happens if I miss BOI milestones

Missing milestones such as machinery import deadlines, production start dates, or employment targets can lead to partial or full loss of incentives, or revocation. If delays are due to force majeure or justified reasons, timely petitions and evidence can support extensions. Legal counsel can prepare submissions to reduce the risk of penalties.

Can I apply before incorporating a Thai company

Yes. You can file as a promoter and incorporate after approval. The promotion certificate will be issued to the Thai company once incorporated, subject to the conditions in the approval letter.

Additional Resources

Thailand Board of Investment headquarters provides policy, application portals, and investor services. Their investor service units offer pre filing consultations and checklists to help you align your project with BOI criteria.

One Start One Stop Investment Center in Bangkok coordinates services for investors, including guidance on BOI, company registration, tax, and labor. It is a useful first point of contact to map out procedures and timelines for a Bang Khen based project.

One Stop Service Center for Visas and Work Permits in Bangkok processes immigration matters for BOI companies and Smart Visa applicants, offering consolidated services for qualifying companies and personnel.

Department of Business Development handles company name reservation, incorporation, and annual filings. BOI approvals often include deadlines to complete incorporation and capital injection, making DBD coordination important.

Revenue Department provides rulings and guidance on corporate income tax, VAT, and transfer pricing. BOI companies may need confirmation on ring fencing of promoted income and documentation requirements.

Bangkok Metropolitan Administration and Bang Khen District Office administer local permits for building, signage, and certain operations. For any office fit outs or facility changes in Bang Khen, check these authorities early.

Department of Industrial Works oversees factory notifications and licenses under the Factory Act. Manufacturers in Bang Khen should verify whether their activity requires DIW approvals and environmental controls.

Immigration Bureau and Smart Visa Unit provide information on visa categories, eligibility, and documentation for foreign experts, investors, and entrepreneurs tied to BOI projects.

Industrial associations and chambers of commerce in Bangkok can share sector specific insights on BOI readiness, hiring, and supply chains relevant to Bang Khen operations.

Professional bodies and certified consultants with BOI practice experience can assist with feasibility studies, environmental assessments, and technology documentation required by BOI reviewers.

Next Steps

First, clarify your business model, scope of activities, revenue streams, technology elements, and projected staffing. Map these against BOI activity groups to identify potential eligibility and incentive tiers. A short feasibility memo prepared with a lawyer or consultant will save time during pre screening.

Second, collect core documents such as promoter passports or corporate records, project plan and financial projections, technology descriptions, process flow, environmental measures, and training plans. Determine whether you will lease or buy premises in Bang Khen and assess zoning and building control implications.

Third, request a pre application consultation with BOI investor services. Use this to validate the activity code, minimum investment level, and documentary expectations. Adjust your plan to align with the feedback, including Thai staff development and knowledge transfer commitments.

Fourth, submit the application through the BOI system and prepare for the interviewer meeting. Be ready to explain the value added, technology, market, and implementation timeline. If you plan to import machinery or claim tax holidays, ensure the investment plan excludes land and working capital as BOI requires.

Fifth, after receiving the approval letter, incorporate or amend the Thai company on time, inject the required capital, and apply for the promotion certificate. Coordinate with the Department of Business Development, Revenue Department, and the Bang Khen District Office for any local permits tied to your premises.

Sixth, implement the project according to BOI conditions. Arrange machinery import under the approved list if applicable, set up accounting systems to ring fence promoted income, and onboard staff under compliant employment contracts. For foreign experts, process visas and work permits through the One Stop Service Center or the Smart Visa channel as eligible.

Seventh, maintain compliance through timely reports, milestone confirmations, and responses to BOI queries. Monitor tax holiday start dates and expiry, and plan for the post holiday tax position. If circumstances change, consult a lawyer early to seek amendments or extensions before deadlines lapse.

If you need legal assistance, engage a lawyer with recent BOI case experience in your sector. Request a clear scope, timeline, and fee proposal that covers scoping, drafting, submission, interview preparation, post approval implementation, and ongoing compliance for your Bang Khen operations.