Our law firm in Thailand H&P is glad to announce the success of our latest BOI application in February 2024. This application was made by our H&P Bangkok Lawyers to obtain BOI promotion in the business of Development of software, digital platform or digital content for a client from Denmark.
Definitions
“Software” means a computer program, application, system, or set of instructions written in computer languages to order a computer or electronic device to work as specified.
“Digital Platform” means system, channel, or process to provide digital services for the exchange of information, goods, or services between developers and users through the internet or other electronic networks.
“Digital Content” means computer-generated motioned pictures, including games, animation, Augmented Reality (AR), and Virtual Reality (VR).
Requirements
The requirements of the BOI’s digital industry (Investment Promotion Division 4) in the category of Development of software, digital platform or digital content are as follows:
- The minimum investment capital of each project must not be less than 1,500,000 baht per year calculated because of the expenditure on salaries for Thai information technology personnel additionally employed after applying for investment promotion.
- Project must have development process of software, digital platform or digital content in Thailand as stipulated by the Office.
- Project is allowed to utilize the existing or used machinery.
- The investment promotion of this activity does not include the retail and wholesale of all types of products.
The most challenging aspect of obtaining BOI promotion for the development of software, digital platforms, or digital content is developing new project in Thailand. Major developments cannot solely rely on third-party involvement.
However, if the project is an extended project developed from existing software or digital platforms, or digital content, we need to provide a comparison of details and development between existing projects and projects being applied for promotion. We must demonstrate the further developments, or improvements in Thailand.
The comparison information must contain at the minimum details of:
- Product name
- Feature or function of the software or digital platform
- Structure of software, digital platform, or digital content
- Tools and computer language used in the development
According to the Announcement from the Office of the Board of Investment No. 12/2023, the activities which are not eligible for investment promotion in software development businesses, provide digital services or digital content are as follows:
- Making a website that is not a web application (Web Application)
- Consulting
- Selling your own products or services through the platform, such as retail and wholesale, transportation, lending, etc.
- Improving software or platforms that do not develop new functionality, such as User Interface, converting or adding different languages to software or platforms, etc. – Procurement, installation, customization, and maintenance of hardware or software from third-party service providers
- Data analysis for hire without developing tools for data analysis
- Software testing without manual development tools used for testing software.
- Making Computer Graphics or Visual Effects for movies, dramas, advertisements, documentaries (making visual techniques)
- Video editing
- Sound editing (Sound Effect)
- Digital drawing such as Webtoon, Sticker, etc.
- Providing services related to digital currency (Cryptocurrency) that is not developing a platform, such as raising funds through digital currency (ICO), etc.
- Software development Platform to provide digital services or digital content for use within the organization.
- Other operations that are not newly developed or the development of additional new functionality, which the office will consider on a case-by-case basis.
BOI’s incentives
Our Danish client has been granted tax incentives under Category A2, entailing an exemption from Corporate Income Tax for a duration of 8 years. Additionally, they have acquired nontax incentives such as permits for land ownership and permits to bring into the kingdom skilled workers and experts to work in investment promoted activities.
The corporate income tax exemption cap accounts for 100 percent of the actual expenditure in the year of application for the incentive as follows:
- Expenditure on salaries for Thai information technology personnel additionally employed in comparison with Thai information technology personnel employed before the submission date of application for investment promotion.
- Expenditure on the information technology development related training course to develop Thai personnel’s skills.
- Expenditure on the operation to acquire the standard quality system certificate ISO 29110 or CMMI from Level 2 or other equivalent international standards.
If you plan to invest in Thailand and need legal advice on BOI Tax incentives, please contact our Bangkok lawyers at [email protected]
