Updates on the BOI’s Investment Promotion Packages and Conditions during the 3rd and 4th Quarter of 2021(Thailand)

1) New businesses eligible for the BOI promotions

The following activities have been added as businesses eligible for the BOI promotions.

2) Amendment of conditions relating to existing businesses eligible for the BOI promotions

2.1 Trade Investment Support Office (“TISO”) and International Business Center (“IBC”)※4

The scope of activities of TISO and IBC has been extended to cover the provision of loans to associated enterprises both in Thailand and overseas, which must be done in either one of the following manners:

• loans in foreign currencies to overseas associated enterprises;
• loans in THB currency to associated enterprises in Thailand; or
• loans in THB currency to associated enterprises in Vietnam, Laos, Myanmar, Cambodia, and Malaysia for trading or investment purposes in Thailand or in such countries only.

With regard to the application under TISO or IBC, it must be noted that the lending activity under TISO or IBC must be paired with other eligible TISO or IBC activities (i.e., an application where the lending activity is a stand-alone activity will not be accepted), and the lending activity shall not fall under any of the treasury center’s activities. In addition, lending to foreign countries must comply with the exchange control regulations under Bank of Thailand’s supervision.

2.2 Manufacture of platforms for Battery Electric Vehicles※5

The manufacture of platforms for the following business categories will be eligible for BOI promotion:

• category 4.24: manufacture of Battery Electric Vehicles (individually, a “BEV”);
• category 4.26: manufacture of electric battery tricycles; and
• category 4.27: manufacture of electric battery buses and trucks.

The manufacture of such platforms must comply with specific conditions as follows:

• the platform must consist of (i) an energy storage system; (ii) a charging module; and (iii) a front & rear axle module;
• production must start within three years from the date of issuance of the BOI certificate; and
• at least one of the material components i.e., the traction motor, BMS, or DCU must be manufactured together with the platform within three years from the starting date of manufacture.

With regard to the tax incentives, the manufacturers of BEV platform will be entitled to the same privileges as those engaging in the manufacture of BEVs i.e., a three-year CIT exemption or up to an eight-year CIT exemption in the event that a BEV platform with an investment amount of THB 5,000,000,000 or more is manufactured.

3) Other noteworthy measures

3.1 Measures to encourage greenhouse gas reduction※6

In order to promote environmental sustainability, the BOI has added a new purpose below as one of the investment plans in relation to machinery replacement eligible for the Efficiency Enhancement Measure※7:

“The manufacturer shall invest in the upgrading of machinery to mitigate environmental impacts by reducing greenhouse gas emissions. The registration of the machinery shall be made with, and the certification of the gas emissions amount therefrom shall be obtained from Thailand Greenhouse Gas Management Organization.”

The incentives under this measure remain the same as other categories of the Efficiency Enhancement Measure, i.e., a 50% CIT exemption for three years and an exemption from import duties for machinery.

3.2 Measures to promote the “Thailand 4.0” industry transformation※8

To transform the economy into the “Thailand 4.0” model, the replacement of machines for specific purposes such as Automation and Network Technology, Smart Operation, and Digital Technology in Production & Enterprise Processes will entitle the manufacturer to a 100% CIT exemption for three years provided that:

• the application is submitted within the last business day of 2022, and the investment plan is initially approved by the National Science and Technology Development Agency before submission to the BOI; and
• the replacement of machines is fully implemented within three years from the date of issuance of the BOI certificate.

Further details regarding the replacement criteria will be prescribed in the BOI announcement in due course.

3.3 Extension of incentives to support Small and Medium Enterprises (“SMEs”)※9

To continue its policy to help strengthen local SMEs, the BOI also approved an extension of the existing special investment promotion measures for SMEs until the last business day of 2022. The incentives remain the same as previously approved in 2020, for example, a CIT exemption of up to 200% of the capital investment, an exemption from import duty on machinery, and eligibility for other merit-based incentives, as the case may be※10, have also been adopted.

Further details regarding the replacement criteria will be prescribed in the BOI announcement in due course.

Should you require further details of any measures or wish to receive further updates, please feel free to contact us.