ทนายความ คณะกรรมการส่งเสริมการลงทุน (บีโอไอ) ที่ดีที่สุดใน ภูเก็ต

About คณะกรรมการส่งเสริมการลงทุน (บีโอไอ) Law in Phuket, Thailand

The Board of Investment (BOI) is Thailand’s national agency responsible for promoting investment and facilitating projects that meet national development goals. In Phuket, as in other provinces, BOI incentives are available for promoted activities across industries that align with Thailand's economic priorities. Projects qualifying for BOI promotion can receive tax and non tax incentives, depending on the activity, location, and investment size.

Southwest Thailand, including Phuket, benefits from BOI incentives that aim to attract manufacturing, distribution, technology, and service ventures that create jobs and foster regional growth. A Phuket project seeking BOI status must apply to the BOI and undergo eligibility and project evaluation processes. Successful applicants receive a Promoted Activity certificate and the right to approved incentives subject to ongoing compliance.

For Phuket residents and investors, understanding the interaction between BOI policies and local regulations is essential. While BOI handles investment incentives, real estate, labor, and land rules in Phuket operate under Thai law and related administrative guidelines. Always verify current eligibility and incentive terms with an attorney before committing to a project.

Key resource: The official Board of Investment website provides guidance on promoted activities, eligibility, and how to apply for incentives across Thailand, including Phuket.

Source: BOI official information on promoted activities and incentives. https://boi.go.th/

Why You May Need a Lawyer

• Determining eligibility for BOI incentives in Phuket. A Phuket project must fit specific promoted activities and investment thresholds. An attorney can assess your business plan, sector, location, and ancillary requirements to determine if BOI promotion is feasible.
• Preparing and submitting a BOI application. The process involves detailed project descriptions, financial projections, and supporting documents. Legal counsel helps ensure completeness and reduces the risk of delays or rejection.
• Navigating foreign ownership and workforce rules. Foreign investors may seek BOI assistance to hire foreign expertise while meeting Thai labor and immigration requirements. An attorney can coordinate BOI approvals with work permits and visa processes.
• Complying with ongoing reporting and renewals. BOI promoted projects must submit annual reports and comply with conditions. A lawyer helps maintain compliance, track deadlines, and respond to BOI inquiries.
• Addressing land and corporate structure considerations in Phuket. Foreign land ownership is restricted, and certain structures or lease arrangements may be needed for a BOI promoted project. An attorney can design compliant ownership and corporate arrangements.
• Handling disputes or changes to promoted status. If project scope changes or budgets shift, a lawyer can advise on whether re-approval or amendments are required and how to minimize risk.

Local Laws Overview

• Investment Promotion Act B.E. 2520 (1977) - The foundational law governing BOI activities, promotions, and incentives. It sets criteria for promoted activities, eligibility, and the framework for tax and non tax benefits. Effective since 1977, with numerous amendments to reflect economic policy changes. Reference: BOI guidance on the Investment Promotion Act and promoted activities.
• Foreign Business Act B.E. 2542 (1999) - Regulates foreign participation in certain business activities. BOI promoted projects can interact with these restrictions through licensed exemptions or special permissions. It is important for foreign investors to understand which sectors remain restricted and how BOI can assist with compliant pathways. Reference: Thai government and legal resources on foreign business regulations.
• Thai Land Code (Land Act) - Land Ownership and Leasing Rules - Governs land ownership and lease arrangements for Thai and non Thai nationals. Foreign ownership of land is generally restricted, which impacts Phuket investment projects involving land or long term site use. For BOI promoted activities, careful planning with a qualified attorney is essential to ensure lawful land use. Reference: official Thai land law sources and government guidance.

Notes on updates: BOI policies and related regulations are periodically updated to reflect economic priorities. Always check the latest BOI announcements and consult a Phuket lawyer to confirm current rules and timelines.

According to BOI policy updates, eligibility and incentives can shift with economic strategy and regional development needs. https://boi.go.th/

Frequently Asked Questions

What is BOI and what does it offer in Phuket?

BOI is Thailand's promotion agency for investments with incentives. In Phuket, promoted projects may receive tax holidays, import duty exemptions, and other non tax incentives depending on the activity and investment size.

Do I need a lawyer to apply for BOI promotion in Phuket?

While not legally required, a lawyer helps prepare a complete application, interprets eligibility criteria, and coordinates with authorities to avoid delays.

How do I start a BOI promoted project in Phuket?

Begin with a clear business plan, determine eligible activities, and consult a Phuket attorney or BOI-approved consultant to assess eligibility and collect documents.

What is a BOI promoted activity in Phuket?

A promoted activity is a business venture listed by BOI as eligible for incentives due to its alignment with national development goals and regional priorities.

How much time does BOI approval typically take in Phuket?

Approval timelines vary by project complexity; preliminary screening may take weeks, while full approval can extend to several months depending on completeness.

Do I qualify for tax incentives if my Phuket project is small?

Eligibility depends on the activity and investment size, not just the scale. Some smaller projects may qualify if they meet promotion criteria.

What documents are usually required for a BOI application in Phuket?

Common documents include a project description, financial plan, letters of intent, company registration, and ownership details. Specifics depend on the activity.

Can a foreigner own a business in Phuket with BOI promotion?

Yes, BOI promotions can allow foreign investors to participate, but ownership structures and compliance with Thai laws remain essential.

What is the difference between BOI approval and a general business license?

BOI approval provides eligibility for incentives, while a business license is a regulatory prerequisite to operate legally. Both are needed for a promoted project.

How long is a BOI promotion valid once granted in Phuket?

The validity depends on the project and compliance with conditions. In general, benefits apply for set periods and may require annual reporting.

What happens if my Phuket project changes scope after BOI approval?

Material changes typically require a BOI amendment or new approval to maintain eligibility for incentives.

Is there a difference between Phuket and other provinces for BOI incentives?

BOI incentives are nationwide, but regional development policies and project categories may differ by location and sectoral priorities.

Additional Resources

• - Official government agency that issues BOI promotion certificates, guidance on eligible activities, and steps to apply for incentives. Function: administers investment promotion and oversight of promoted activities. Website: https://boi.go.th
• - Provides information on corporate income tax, value added tax, and how BOI incentives interact with Thai tax law. Function: tax collection and compliance guidance for promoted investments. Website: https://www.rd.go.th
• - Resource for understanding foreign participation restrictions in business activities and how BOI interacts with these rules. Function: national policy guidance and legal framework for foreign business. Website: https://www.moj.go.th