Best Board of Investment (BOI) Lawyers in Bueng Kum

About Board of Investment (BOI) Law in Bueng Kum, Thailand

The Thailand Board of Investment is a national agency that promotes investment through tax and non tax incentives under the Investment Promotion Act. Bueng Kum is a district in Bangkok, so projects located there are subject to the same BOI framework as the rest of Thailand, with additional local compliance on zoning, building control, and environmental matters overseen by Bangkok Metropolitan Administration and the Bueng Kum District Office.

BOI promotion can provide corporate income tax holidays, import duty exemptions on machinery and raw materials, permission for majority foreign ownership in eligible activities, relaxed foreign business restrictions, land ownership rights for promoted projects, and streamlined visas and work permits for foreign experts. The BOI also coordinates with other agencies through the One Start One Stop Investment Center in Bangkok to help investors implement projects efficiently.

Why You May Need a Lawyer

Assessing eligibility and project fit. A lawyer can map your business model to BOI activity codes, determine promotion categories, and assess whether Bueng Kum zoning allows your intended operations, such as office, R and D, software development, or light non nuisance activities.

Foreign ownership and structuring. Legal counsel can design a compliant shareholding structure, address Foreign Business Act restrictions, prepare shareholders agreements, and advise on land or office lease rights for BOI promoted entities.

Application strategy and documentation. A lawyer helps build a persuasive BOI application with clear technology or value addition, capital plan, employment commitments, machinery lists, and financial projections aligned with BOI criteria.

Tax and customs planning. Counsel can quantify incentive value, plan use of corporate income tax holidays, ensure correct HS codes for duty exemptions, and manage compliance during importation and production.

Labor and immigration. Lawyers coordinate BOI facilitated visas and work permits, SMART Visa eligibility, employment contracts, and compliance with labor and social security rules.

Regulatory compliance in Bangkok. You may need guidance on building control permits, office use certification, environmental approvals where applicable, and ongoing reports to BOI and local authorities.

Post approval obligations. Legal support helps with acceptance of conditions, promotion certificate issuance, machinery and raw material approvals, utilization of incentives, reporting, audits, and handling BOI revocation risks.

Changes and disputes. Lawyers manage amendments to project scope, location, or timelines, and handle disputes with suppliers, landlords, or regulators, including administrative appeals.

Local Laws Overview

Investment Promotion Act. Establishes BOI authority, incentive types, eligibility criteria, and conditions such as minimum investment, technology, R and D, training, and local sourcing. Non compliance can lead to clawback or revocation.

Foreign Business Act B.E. 2542. Restricts foreign majority ownership in certain service and trading activities unless exempted. BOI promoted companies may receive exemptions for approved activities. Separate approvals may still be required for non promoted activities.

Civil and Commercial Code and company law. Governs company incorporation, capital, director powers, and filings with the Department of Business Development under the Ministry of Commerce.

Revenue Code and tax regulations. Provide corporate income tax rates, withholding, VAT, specific business tax, and BOI incentive implementation rules for tax holidays and deductions.

Customs Act. Controls import duty exemptions on BOI approved machinery and raw materials and sets procedures for bonded operations.

Immigration Act and Alien Employment laws. Cover visas and work permits. BOI facilitated processes and SMART Visa can simplify hiring foreign experts subject to qualifications.

Bangkok Metropolitan Administration regulations. Include the Town Planning framework, Building Control Act requirements, and local licensing. Bueng Kum is largely residential with commercial corridors, so heavy industrial operations are unlikely to be permitted locally. Offices, tech, creative, and service projects are more common.

Factory Act and environmental law. If your activity constitutes a factory or triggers environmental impact assessment, you must obtain permits and comply with emission and waste management rules even if the project is BOI promoted.

Personal Data Protection Act. For businesses handling personal data, PDPA compliance applies to collection, use, disclosure, cross border transfers, and security safeguards.

Frequently Asked Questions

What is a BOI promoted project and how does it help me in Bueng Kum

A BOI promoted project is an investment approved under the Investment Promotion Act that qualifies for incentives such as tax holidays, duty exemptions, and streamlined foreign ownership and immigration privileges. In Bueng Kum, a district of Bangkok, these benefits apply nationwide, but your project must also comply with local zoning and building use rules.

Can a foreigner own 100 percent of a BOI company

Yes, many BOI promoted activities allow 100 percent foreign ownership without a separate Foreign Business License. The exemption generally applies only to the specific promoted activity, so non promoted activities may still require licensing or Thai shareholding.

What incentives are typically available

Incentives include corporate income tax holidays for a fixed period depending on activity category, import duty exemptions or reductions on machinery and certain raw materials, permission to own land for the project, relaxed foreign hiring ratios, expedited visas and work permits, and facilitation services through BOI and the One Start One Stop Investment Center.

How long does the BOI application process take

For standard projects the review can take about 60 to 90 days from complete submission to approval, followed by issuance of the promotion certificate after you accept conditions and submit required documents. Complex or high technology projects can take longer.

Do I need to incorporate before applying

You can apply as a prospective investor, but you must incorporate a Thai company to receive the promotion certificate. Many investors apply first to confirm eligibility, then incorporate and finalize capital structure upon approval.

Can I base a manufacturing project in Bueng Kum

Bueng Kum is largely residential and commercial, and may not permit factories under Bangkok zoning. Light activities such as offices, software, professional services, design, and R and D are more suitable. A lawyer or planner can check zoning and suggest industrial estates or zones if manufacturing is required.

What are my obligations after approval

You must meet conditions such as minimum investment, timeline for machinery installation and operation start date, employment or training targets, and activity scope. You also submit periodic reports and request approvals for machinery and raw materials to use duty exemptions. Non compliance can reduce or revoke incentives.

How do BOI benefits affect visas and work permits

BOI companies can use facilitated processes to obtain visas and work permits for foreign experts and executives. Qualified projects may access SMART Visa categories that reduce paperwork and extend stay durations. You still must meet position, salary, and qualification criteria.

Can I change my project or location after approval

Changes to activity scope, location, capital, or timelines generally require BOI approval. For a move within Bangkok, you must also update local registrations and ensure the new premises comply with zoning and building use.

What taxes will I still pay during a BOI tax holiday

Corporate income tax on promoted income may be exempt for the holiday period, but other taxes such as VAT, withholding taxes, personal income tax for employees, and specific business taxes can still apply. After the holiday, normal corporate income tax applies subject to any remaining BOI deductions.

Additional Resources

Thailand Board of Investment headquarters in Bangkok for policy, applications, and promotion certificates.

One Start One Stop Investment Center for coordinated services on company registration, licensing, visas, and work permits.

Department of Business Development, Ministry of Commerce for company incorporation and corporate filings.

Revenue Department for tax registration, corporate income tax, VAT, and rulings related to BOI incentives.

Customs Department for import duty exemption procedures on machinery and raw materials.

Immigration Bureau and the BOI facilitated visa and work permit service centers for foreign expert processing.

Bangkok Metropolitan Administration and Bueng Kum District Office for zoning confirmations, building control permits, and local compliance.

Department of Industrial Works and Industrial Estate Authority of Thailand for factory licensing and industrial zone options if your project is not suitable for Bueng Kum.

Office of Natural Resources and Environmental Policy and Planning for environmental impact assessment requirements where applicable.

Thailand Arbitration Center for contract dispute resolution options.

Next Steps

Clarify your project scope. Define the activity, technology or service offering, investment size, machinery or equipment, staffing, and proposed location in Bueng Kum or elsewhere in Bangkok.

Check zoning and premises. Verify that your intended premises in Bueng Kum are zoned for your use and that the building has the correct use approvals. For manufacturing, consider designated industrial zones.

Engage a BOI focused lawyer. Ask for a feasibility review, activity code mapping, and incentive estimate. Request a document checklist and timeline tailored to your project.

Prepare the application dossier. Typical items include company profile, project plan, process or service description, capital and expense breakdown, financial projections, employment and training plan, environmental and safety measures, and location details. If importing machinery, prepare itemized lists with specifications.

Submit and attend interviews. File the application and be ready to attend BOI meetings to explain technology, value addition, and benefits to Thailand. Respond promptly to information requests.

Complete post approval actions. Incorporate or update the company, accept BOI conditions, obtain the promotion certificate, register tax and social security, secure premises, and apply for machinery approvals, visas, and work permits through BOI channels.

Implement and maintain compliance. Track incentive utilization, keep separate accounting for promoted and non promoted income, file required reports, and seek BOI approval before making material changes to the project.

Important note. Laws and procedures change, and local interpretations vary. This guide is general information, not legal advice. Consult a qualified Thai lawyer experienced in BOI matters to obtain advice specific to your situation in Bueng Kum.