Thailand BOI: Promoted Activities: Services and Utilities

November 19 2012 Categories: @ Thailand Investment Blog, BOI Promotion Thailand No comments yet

What are the activities eligible for promotion under section 7 of the BOI list?

This post concludes our series on the BOI (9 posts in total). If you have a question I did not deal with in the BOI series do not hesitate to complete our FAQ form. It was posted first on the 5th august but had to be reposted following technical problems

Reminder: As you already know the Board of Investment is the agency in charge of promoting certain sectors of Thai economy. As such the BOI role is among other to determine:

What are the activities which are eligible for promotion

What are the conditions attached to said promotion

What are the privileges attached to said business activity

Thailand BOI: Promoted Activities: Services and Utilities

The activities that are promoted are divided in seven sections as follows: Section 1: Agriculture and Agricultural Products; Section 2: Mining, Ceramics and Basic Metals; Section 3: Light Industry; Section 4: Metal Products, Machinery and Transport Equipment; Section 5: Electronic Industry and Electric Appliances; Section 6: Chemicals, Paper and Plastics; Section 7: Services and Public Utilities.

The table below is a list of the activities promoted by the BOI under Section 7:

Note that whenever there is a blank or a – in the condition section it relation to an activity it means that the activity does not have special conditions attached.

List of activities eligible for promotion and their conditions

Section 7: Agriculture and Agricultural Products

Activities

Conditions & Privileges

7.1 Public utilities and basic services7.1.1 Production of electricity or steam power(58)

7.1.2 Waterworks or water supply for industry

7.1.3 Concession roads

7.1.4 Loading/unloading facilities for sea

transport

7.1.5 Container yards or inland container depots

7.1.6 Commercial airports

7.1.7 Satellite telecommunications

7.1.8 Telephone services

7.1.9 Gas separation plants (59)

2. Projects must be approved by relevant government agencies.3. Projects under 7.1.1 are only for cases that use alternative energy, such as energy from agricultural material, biogas and wind energy.

It is classified as a priority activity of special importance and benefit to the country.

- Projects will not be subject to the cap on the amount of the corporate income tax exemption.

4. Projects under 7.1.7 will receive a corporate income tax exemption only for the overseas income. Other privileges will be granted according to BOI Announcement No.1/2543

5. Projects under 7.1.8 will receive only non-tax privileges.

Conditions for gas separation plants

1. Classified as a priority activity

- Exempt from import duty on machinery, regardless of zone

- Corporate income tax exemption for eight years, regardless of zone

- Other rights and benefits are granted according to BOI Announcement No. 1/2543.

2. Projects must be approved by relevant government agencies

7.2 Mass transit systems and transportation of bulk goods7.2.1 Mass transit electric trains and commercial

trains services (only with rail systems)

7.2.2 Pipeline Transportation

7.2.3 Air transportation services

7.2.4 Maritime transportation services

7.2.5 Ferry services

7.2.6 High power ship services

1. 7.2.1-7.2.4 are classified as priority activities.2. 7.2.5 and 7.2.6 will receive a 50 percent import

duty reduction on machinery and a five-year corporate income tax exemption, regardless of zone.

3. Projects must be approved by relevant government agencies.

7.3 Tourism promotion services7.3.1 Ocean marina services

7.3.2 Tour boat or yacht renting

7.3.3 Amusement parks

Projects will receive privileges according to BOI Announcement No.1/2543 unless otherwise specified.Conditions for ocean marina services

Projects must have facilities including ship lifter, inland berthing, ship dock for maintenance and repair.

Conditions for tour boat or yacht renting

1. Projects must be approved by relevant government agencies.

2. Project will receive a 50 percent import duty reduction on machinery and a five-year corporate income tax exemption, regardless of zone.

Conditions for amusement parks

  1. Projects must have a minimum investment (excluding cost of land and working capital) of not less than 500 million baht, with total area of not less than 200 rai.

2. Project details approved by the Board.

3. 15 percent of the total area must be allocated as a car park and another 15 percent as a green area.

7.3.4 Cultural centers Conditions for cultural centersProjects must have a minimum investment (excluding cost of land and working capital) of not less than 20 million baht, with total area of not less than 10 rai.
7.3.5 Aquariums Conditions for aquariums1. Projects must have a minimum investment (excluding cost of land and working capital) of not less than 100 million baht, with total area of not less than 10 rai.

2. Fifteen per cent of the total area must be allocated as a car park and another 15 percent as a green area.

3. A study on environmental impact must be submitted

7.3.6 Racing tracks Conditions for racing tracks1. Projects must be located in Zone 2 or 3.

2. Projects must be approved by relevant government agencies.

3. Projects must obtain a standard certificate from FIA (Federation Internationale de L’Automobile) or FIM. (Federation Internationale de Motocyclisme)

4. Projects must have appropriate preventive and controlling measures against environmental damage or against danger or trouble to neighbors.

5. An environmental impact study must be submitted.

7.3.7 Open zoos Conditions for open zoos1. Projects must have a minimum investment (excluding cost of land and working capital) of not less than 500 million baht, with total area of not less than 500 rai.

2. Project details must be approved by the Board.

3. Fifteen percent of the total area must be allocated as a car park and another 15 percent as a green area.

7.3.8 Cable cars Conditions for cable carsProjects must be approved by relevant government agencies.
7.4 Activities to support tourism: Projects will receive privileges according to BOI Announcement No.1/2543 unless specified otherwise.Conditions for convention halls

1. The total convention area must not be less than

4,000 square meters. Total area of the largest hall must not be less than 3,000 square meters.

2. Convention hall facilities and equipment must be approved by the Board.

3. Blueprints must be approved by the Board.

7.4.1 Convention halls Projects will receive privileges according to BOIAnnouncement No.1/2543 unless specified otherwise.

Conditions for convention halls

1. The total convention area must not be less than

4,000 square meters. Total area of the largest hall must not be less than 3,000 square meters.

2. Convention hall facilities and equipment must be approved by the Board.

3. Blueprints must be approved by the Board.

7.4.2 International exhibition centers Conditions for international exhibition centers1. The total area must not be less than 50 rai, with an indoor exhibition area of not less than 25,500 square meters.

2. Each hall must have at least one meeting room

7.4.3 Hotels Conditions for hotels1. Projects located in Zone 1, Zone 2, Hat Yai district or Muang district of Chiang Mai will receive only non-tax privileges.

2. Projects located in Zone 3 (excluding those provinces specified in section No.1 and No.3) will receive only an exemption of import duty on machinery and other non-tax privileges.

3. Projects located in Amnat Charoen, Buri Ram, Kalasin, Maha Sarakham, Nakhon Phanom, Nan, Narathiwat, Nongbualamphu, Pattani, Phayao, Phrae, Roi Et, Si Sa Ket, Surin, Sakon Nakhon, Satun, Yasothon, or Yala, will receive privileges according to the BOI Announcement No.1/2543.

4. Each hotel must have at least 100 rooms.

7.5 Real estate development for industrial use Projects will receive privileges according to BOI Announcement No.1/2543 unless specified otherwise.Conditions for industrial zones

1. Projects in Bangkok and Samut Prakan are not eligible for promotion.

2. The total area of the project must not be less than 500 rai.

3. Factory area must not be less than 60 percent and not more than 75 percent of the total area.

4. Other conditions as specified by the Board are as follows:

4.1 Minimum measurements for road construction are as follows:

4.1.1 The main road has two-way lanes with the width not less than 18 meters, including road surface of not less than 12 meters, and a road shoulder of not less than three meters each side. For a

single lane, it must have a road area of not less than 13 meters, including road surface not less than three meters each side.

4.1.2 A minor road must have a road surface of not less than 8.5 meters and a road shoulder of not less than two meters each side.

4.2 Waste water must be treated by a by a Treatment Plant before being released, and there must be separate pipes for water and waste water.

4.3 The project must have an approved system of collection and elimination of garbage as appropriate.

4.4 The project must separate the factory zone from the residential and other business zones as per Board approval.

4.5 Prior to establishing a factory that releases odors and smoke in industrial zones, the project must be approved by the Board.

4.6 The zone must have sufficient public utilities, electricity, water, telephone service and post office, for a factory to be located within an industrial zone.

4.7 The project must allocate about 25 percent of its land for public utility services after about two years since the promotion is certified.

7.5.1 Industrial zones
7.5.2 Factory Development for Industrial Plants and/or Warehouses (60) Conditions for factory development for industrialplants

1. Building must be constructed in an industrial estate, a promoted industrial zone or a promo

Note: While we are exercising our best endeavors to maintain on this blog only updated information BOI elegible activities is a work in progress. Therefore always double check the information above with the list of the BOI

Note: This post is an excerpt of Rene Philippe Dubout next book: “How to Invest Safely Into Thailand” to be published in January 2010

About the Author:

The author Rene-Philippe DUBOUT is a lawyer since 1990 when he was admitted to Geneva bar (Switzerland). He practiced as a litigator there for 10 years until he moved to Thailand in 1999. In 2002 he founded with a group of Thai lawyers Rene Philippe & Partners Ltd a local law firm that specialized in Cross Borders Investments and Real Estate. He has been lecturing in several Thai Universities and a speaker to numerous conferences and seminars. He is the author of a must read book:”How to Purchase Real Estate Offshore Safely: The Case of Thailand”.

http//:www.renephilippe.com

© Copyrights 2009 – Rene Philippe Dubout – This article may be reprinted if information about the author, the websites, and the URLs remain intact

Originally posted 2009-08-06 03:18:47.

Thailand BOI: Promoted Activities: Services and Utilities

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