Best Board of Investment (BOI) Lawyers in Thawi Watthana

About Board of Investment (BOI) Law in Thawi Watthana, Thailand

The Thailand Board of Investment is a national agency that promotes investment by granting incentives and regulatory benefits to qualified projects across the country. BOI promotion is not limited by district, so companies operating in Thawi Watthana, a district in western Bangkok, can apply for and enjoy BOI privileges if they meet policy criteria. These privileges can include corporate income tax holidays, import duty exemptions, permission for majority foreign ownership, land ownership rights for approved projects, and streamlined visas and work permits.

Thawi Watthana itself is largely residential and semi-agricultural, with education and service activities. While BOI benefits are national, your physical location still matters. Businesses in Thawi Watthana must comply with Bangkok Metropolitan Administration planning rules, district-level permits, and sectoral regulations that apply regardless of BOI status. A successful BOI strategy often pairs national-level incentives with careful local compliance and site selection.

Why You May Need a Lawyer

BOI applications and post-approval obligations involve multiple laws, agencies, and technical criteria. A lawyer experienced in BOI and Bangkok local procedures can help you avoid gaps and delays. Common situations where legal help is valuable include:

- Assessing eligibility for BOI promotion and selecting the right activity code and project scope

- Structuring a foreign-owned entity to comply with the Foreign Business Act while maximizing BOI privileges

- Coordinating factory licensing, building permits, environmental approvals, and fire safety where a physical site in Thawi Watthana is involved

- Drafting shareholder agreements, technology transfer and intercompany contracts that meet BOI and tax substance requirements

- Preparing and submitting the BOI application, responding to queries, and attending interviews with BOI officers

- Implementing post-approval compliance, such as import duty exemptions, machinery lists, accounting segregation, and reporting

- Securing visas and work permits or SMART Visa for foreign experts, and aligning job descriptions with BOI quotas

- Navigating changes of location, business expansion, or material project amendments that require BOI approval

- Managing audits or inspections by the BOI, Revenue Department, Labour offices, or Bangkok authorities

Local Laws Overview

Key legal elements that often affect BOI projects in Thawi Watthana include:

- Investment Promotion Act B.E. 2520 and amendments: Sets out BOI promotion framework, benefits, conditions, and revocation grounds.

- Foreign Business Act B.E. 2542: Limits certain service and trading activities by foreign-majority companies unless exempted by BOI promotion or a foreign business license. BOI promotion can grant permission to operate restricted businesses for the promoted project.

- Bangkok City Planning and building controls: The Bangkok Comprehensive Plan and Building Control Act govern land use, building height, setbacks, parking, and specific-use restrictions. Thawi Watthana has zones where industrial activity may be limited, so confirm whether your activity can be carried out at the chosen site.

- Factory Act and Department of Industrial Works licensing: Manufacturing may require a factory license, environmental controls, and safety measures. Even light manufacturing may need notifications or permits depending on machinery and capacity.

- Environmental and health regulations: Certain projects require environmental impact assessment, hazardous substance permits, wastewater and air emissions approvals, and solid waste management plans. The Office of Natural Resources and Environmental Policy and Planning oversees EIA for listed projects.

- Labour and immigration: Thai Labour Protection Act rules apply to wages, overtime, leave, and termination. BOI can facilitate visas and work permits and may allow a more flexible ratio of foreign staff. The SMART Visa offers a path for certain tech and target sector roles.

- Taxation and customs: Revenue Department administers corporate income tax, VAT, withholding tax, and specific business tax. BOI tax holidays and duty exemptions apply only to the approved project and subject to strict conditions, including project timelines and separate accounting.

- Land and property: BOI can permit land ownership by promoted companies for the approved project, which is an exception to general foreign ownership restrictions. Building permits fall under the Bangkok Metropolitan Administration and the Thawi Watthana District Office for local processing.

- Corporate registrations: Company formation, capital increases, and amendments are registered with the Department of Business Development. BOI approvals should be aligned with the company’s objectives and registered activities.

Frequently Asked Questions

What is BOI promotion and how does it apply in Thawi Watthana

BOI promotion is a status granted to qualifying investment projects that meet Thailand’s policy criteria. It provides tax and non-tax incentives. If your company operates or is located in Thawi Watthana, you can apply like any other location in Thailand. The promotion attaches to the approved project, not the district.

Can a foreign company own 100 percent of a BOI promoted business

Often yes. BOI can allow majority or 100 percent foreign ownership for the promoted project, even where the Foreign Business Act would otherwise restrict it. The permission is limited to the scope of the promoted activity and subject to BOI conditions.

What incentives can BOI provide

Depending on the project, incentives can include corporate income tax exemptions for a set number of years, import duty exemptions on machinery and raw materials, permission to own land for the project, relaxed foreign worker ratios, and fast track visas and work permits. The exact package depends on the activity and location.

How long does the BOI application process take

Simple service or tech projects can be processed within 40 to 90 days from complete submission. Projects requiring site inspections, environmental reviews, or large capital may take longer. Preparation time varies based on how quickly you assemble documents and technical descriptions.

Does BOI promotion override local permits in Thawi Watthana

No. BOI does not replace Bangkok or district requirements. You must still obtain building permits, factory licenses, environmental clearances, and operational licenses as applicable. BOI can coordinate through its one stop service, but local compliance remains essential.

Can I operate from a home or shop house in Thawi Watthana with BOI status

It depends on zoning, building usage approvals, and the nature of your activity. Office based services may be allowed in commercial or mixed use areas, but manufacturing or labs usually require properly zoned premises and may face restrictions in residential areas. Always check Bangkok zoning and building controls.

What are the typical eligibility criteria for BOI

BOI focuses on activities that add value or technology, export potential, R and D, training, or regional competitiveness. Minimum capital investment thresholds apply, excluding land and working capital, and projects must have adequate technology, machinery, and environmental controls. Service sector criteria are activity specific.

How does BOI help with visas and work permits

BOI promoted companies can access facilitated visa and work permit processing, often with on site services at the One Start One Stop Investment Center. For eligible sectors, SMART Visa can offer up to 4 year stays without a work permit for certain roles, subject to strict qualifications.

What happens if I change my business activity or location after getting BOI

Material changes must be reported to and approved by the BOI. This includes moving your site from one district to another, adding activities, changing machinery lists, or altering production capacity. Unapproved changes risk loss of incentives and potential penalties.

How do tax holidays and duty exemptions actually work in practice

Tax holidays begin when the project starts generating income as defined by BOI conditions. You must maintain separate accounts for the promoted project and comply with reporting. Duty exemptions require approved machinery and raw material lists and adherence to import procedures and time limits.

Additional Resources

- Thailand Board of Investment headquarters for policy, applications, and investor services

- One Start One Stop Investment Center in Bangkok for coordinated services for visas, work permits, and related registrations

- Bangkok Metropolitan Administration and Thawi Watthana District Office for building permits, business place approvals, and local licensing

- Department of Business Development for company registration and amendments

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

- Department of Industrial Works for factory licensing and industrial safety approvals

- Immigration Bureau for visa and stay related matters for foreign personnel

- Department of Labour Protection and Welfare for labour compliance

- Office of Natural Resources and Environmental Policy and Planning for environmental impact assessment where required

- Industrial Estate Authority of Thailand for industrial land options if your project needs an industrial zone

Next Steps

- Define your project: Draft a clear business plan describing activities, technology, capital investment, employment, and timelines. Identify how your project aligns with BOI promoted categories.

- Conduct a site check in Thawi Watthana: Verify zoning, building use, fire safety, parking, and environmental constraints for your intended premises. If constraints are significant, consider alternative sites or industrial estates.

- Engage a BOI focused lawyer: Seek counsel to map eligibility, structure the company, and plan around the Foreign Business Act. A lawyer can also coordinate with engineers, architects, and environmental consultants as needed.

- Prepare the BOI application: Assemble corporate documents, technical write ups, machinery lists, financial projections, and HR plans. Translate documents into Thai where required and ensure consistency with your registered objectives.

- File and liaise: Submit the application, respond to BOI queries, and attend presentations. Keep a record of representations and conditions for later compliance.

- Align local permits: In parallel, line up building permits, factory licenses, environmental approvals, and fire safety certifications through the Bangkok and district channels. Do not assume BOI approval replaces these steps.

- Implement post approval compliance: After BOI approval, monitor conditions such as timeline to import machinery, commencement of operations, separate accounting, and periodic reporting. Set calendar reminders for duty exemption windows and tax holiday start dates.

- Plan immigration and staffing: Use BOI facilitation or SMART Visa where applicable. Ensure job titles, qualifications, and ratios match BOI and labour rules.

- Review and update: Before changing site, activity, or capacity, consult your lawyer and seek BOI approval to preserve incentives.

This guide provides general information. For project specific advice in Thawi Watthana, consult a qualified Thai lawyer experienced in BOI and Bangkok local regulations.