Updates on the BOI’s Investment Promotion Packages and Conditions during the 1st and 2nd Quarter of 2022 (Thailand)

1. Amendments to the Conditions of Certain Eligible Activities

1.1 Electric Vehicle Charging Stations※1

To allow small companies and startups to be eligible for activity 7.35: Electric vehicle charging stations, the BOI removed some burdensome requirements as follows:

• the requirement to obtain ISO 18000 certification within three (3) years from the date of issuance of a BOI certificate; and
• the restriction making it so that the project cannot obtain additional incentives from other authorities.

Therefore, as a result of such amendment, the projects will be able to receive additional incentives from other authorities and will no longer have to comply with the ISO requirement.

In addition, the BOI has added the following conditions:

• as an alternative to the requirement of the project to have an EV Smart Charging System development plan, the applicant may choose to submit either a plan to connect an EV Smart Charging System to an integrated platform or a central platform for managing an EV Charging Network Operator System; and
• the project must comply with the laws and regulations regarding the standards and safety of the relevant authorities (e.g., Ministry of Energy, Metropolitan Electricity Authority, Provincial Electricity Authority and Ministry of Industry).

Regarding the tax incentives, the BOI has added an alternative tax incentive scheme for the case where a project cannot meet the minimum requirement for the number of chargers※2, under which the project will obtain a three (3)-year CIT※3 exemption instead.

1.2 Manufacture of high energy density battery (EV battery)※4

In principle, the BOI will grant a 90% reduction of import duties on raw and essential materials to the applicant for the maximum period of two (2) years according to Section 30 of the Investment Promotion Act of 1979. Under this amendment, the BOI has further granted an additional three (3)-year reduction, resulting in a five (5)-year reduction in total for both existing and new projects. However, it will apply only to projects involving cell and module production processes.

Other material conditions and incentives will be further published in the official announcement.

1.3 Smart industrial estates or zones※5

Formerly, in order to be eligible for the activity of smart industrial estates or zones, the BOI required the project to provide the mandatory smart system services in seven (7) key sectors, i.e., Smart Facilities, Smart IT, Smart Energy, and Smart Economy, Smart Good Corporate Governance, Smart Living, and Smart Workforce. According to the amendment, the BOI has relaxed such requirement to having at least five (5) key smart systems, which must comprise four (4) mandatory sectors, i.e., Smart Facilities, Smart IT, Smart Energy, and Smart Economy, and at least one of the following three (3) optional smart systems, i.e., Smart Good Corporate Governance, Smart Living, and Smart Workforce.

Other material conditions and incentives will be further published in the official announcement.

1.4 Manufacture of natural extracts or products from natural extracts※6

Previously, the manufacture of natural extracts or products from natural extracts, which is eligible for the BOI promotions, did not cover products such as medicine, soap, shampoo, toothpaste, and cosmetics. Based on the recent amendments, the BOI has removed such condition and has extended the scope of the product coverage to cover herbal medicines, food supplements, cosmeceuticals, and other products which use herbs as raw materials.

In this regard, the BOI has revised the scope of activity 1.11.1: Manufacture of natural extracts, or products produced from natural extracts in a continuous manner within the same project and added the new conditions as follows:

• In the case where advanced technology is used:

• the project must use advanced extraction technology; and
• the product must be registered as an herbal product, or equivalent, with the Food and Drug Administration or other authorities which has international standard or equivalent before receiving first revenue from the project.

The tax incentives will remain unchanged in the case where the project will be entitled to an eight (8)-year CIT exemption.

• In the case where general modern technology is used:

• the product must be registered as an herbal product, or equivalent, with the Food and Drug Administration or other authorities which has international standard or equivalent before receiving first revenue from the project; and
• if the applicant uses the research conducted by public sectors or the research conducted in collaboration with public sectors for commercial manufacture, it will be entitled to an additional one (1)-year CIT exemption.

The tax incentives will remain unchanged where the project will be entitled to a five (5)-year CIT exemption.

In addition, the BOI has added new conditions for activity 1.11.2: Manufacture of products from natural extracts without use of the extraction processed for natural raw materials as follows:

• the product must be registered as an herbal product, or equivalent, with the Food and Drug Administration or other authorities which has international standard or equivalent before receiving first revenue from the project;
• the project must obtain production facility certification, such as GMP certification, in accordance with PIC/S guidelines or equivalents by the due date of commencement of operation; and
• if the applicant uses the research conducted by public sectors, or the research conducted in collaboration with public sectors for commercial manufacture, it will be entitled to an additional one (1)-year CIT exemption.

Regarding the tax incentives, the BOI has extended the additional tax incentive to a five (5)-year CIT exemption※7.

2. New Eligible Businesses

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

3. Others: Measure allowing BOI-promoted foreign companies to own land for using as the office and residence※11

The BOI restored the measure allowing BOI-promoted foreign companies to own land for using as the office of the project and the residence of executives and foreign experts, including the residence of employees, to further facilitate the business operations of foreign investors in Thailand – which previously expired on 31 December 2017. Basically, the main conditions, as follows, are almost the same as its predecessor measures:

• the applicant must have the paid-up registered capital of at least THB 50,000,000;
• the requirements of area utilization under the project are:

• land for using as the office of the project must not exceed five (5) rai;
• land for using as the residence of executives and foreign experts must not exceed ten (10) rai; and
• land for using as the residence of employees must not exceed twenty (20) rai.

• the land must be sold within one (1) year from the date of cessation of the project.
• the applicant must submit the application to the BOI by 31 December 2027.

Other material details and conditions will be further published in the official announcement.

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