New e-VAT Legislations for Foreign Source
Digital Service and e-Platform

Changes to VAT laws

On 10 February 2021, a new Act Amending to the Thai Revenue Code (No.53) B.E. 2564 was legally enacted concerning foreign companies’ duty to collect and remit VAT on digital services and e-platforms as published in the Thai Royal Gazette. This new VAT filing obligation applies to all foreign companies who provide their digital/electronic service and/or e-platform service to Thai individuals. These foreign companies are required to apply for Tax I.D. status as Thai VAT registrants if their annual revenues reach the minimum threshold of more than THB 1.8 million (USD 60,040) in a tax calendar year, which obligates the foreign company to submit VAT returns on a monthly basis.

The definition of e-Service under Clause 77/1 (10/1) of the new law includes provision of services that are delivered to Thai individuals through internet or other electronic methods. where the nature of service in principle is performed automatically and cannot be performed if it lacks information technology.

The definition of e-Platform under Clause 77/1 (10/1) includes market, channel, or other methods that many service providers use to render electronic services to service recipients.

Those foreign companies are required to charge 7% VAT on the gross service fee received from Thai individuals. However, they are not allowed to issue tax invoices or claim input tax that arises from these business operations in Thailand.

Please note that there has not yet been any announcement concerning criteria or method as to how the Thai Revenue Department will enforce this new law to allow the foreign companies to register their Thai VAT I.D. status and how to file and pay VAT in Thailand under this new legislation. We expect that the subordinate regulations will be enacted and published before this e-VAT law will become effective on 1 September 2021.

Source: Taken from PKF Thailand. More here

New-Vat-System
provision-of-goods
provision-of-services

Compensation Schemes for Social Security Assistance

The cabinet of ministers has approved the compensation scheme for the secured employer and employee according to Section 33 on July 20, 2021. The Social Security Office (“SSO”) has been allocated this compensation as part of the Royal Decree that authorizes the Ministry of Finance to lend capital to solve a problem, alleviate, and regenerate the economy and society that has been affected by the COVID-19 pandemic.

This compensation will be given to employers and employees affected by the COVID-19 lockdown measures under the conditions as follows:

  • It is limited to the workplace in 13 provinces (i.e., Bangkok Metropolis, Nakhon Pathom, Nonthaburi, Pathum Thani, Samut Prakan, Samut Sakhon, Narathiwat, Pattani, Yala, Song Khla, Cha Choeng Sao, Chon Buri, and Phra Nakhon Si Ayuttaya).
  • It is limited to only 9 business operations (i.e., construction, hospital and food, art, entertainment and recreational, other services, transport and product inventory, wholesale and retail, vehicle repair, management and occupational support, science and academic, news, and telecommunication).

In this respect, the secured person under Section 33 of the Social Security Act B.E. 2533 could verify their rights through the SSO’s website.

Benefits to Employer

  • Receives THB 3,000 compensation per employee with a maximum of 200 employees
  • Transfers the compensation by August 6, 2021, to the employer’s bank account that registered with the SSO.

Benefits to Employees under Section 33

  • Receive compensation of THB 2,500 under the following criteria:
    • the workplace is still operational; and,
    • an employee is of Thai Nationality.
  • Receive compensation of THB 2,500 and additional compensation of 50% of their wages up to THB 7,500 under the following criteria:
    • an employee is of Thai Nationality;
    • the workplace is closed due to COVID-19 lockdown measures without payment of wages;
    • contributed to the social security fund for at least 6 months during the past 15 months.
  • The compensation will be transferred by August 6, 2021, via PromptPay into the personal bank account of the employees as registered by identification card number.

Concluding Remarks

This compensation scheme is a much-needed boost to the struggling Thai economy. It may not be the ultimate solution to the problem, but it alleviates the struggle and financial difficulty of both the employers and employees in the affected areas. If the spread out of COVID-19 continues to worsen, there is a high likelihood that the government may need to issue another batch of compensation. We will continue to monitor the COVID-19 situation and provide updates on any further developments.

Source: https://www.pkfthailand.asia
Written by: Thanyaluck Thongrompo, PKF Thailand

Read this article in Thai language here

News

Extending the Enforcement Period for Another 3 Years to Modify the Non-Qualifying Building for Hotel...

Not all audits have to be long and painful

The general perception with annual audits throughout the world is they are a necessary evil. Companies are required to have an audit, but they find the whole process a lot of effort and cost for very little benefit.

PKF Thailand auditors are different. They traditionally have provided their client's additional level of service. The PKF Thailand audit team have a can-do attitude to providing solutions and advice to their clients whilst providing a cost effective, international quality audit.

PKF were appointed auditors of Royal Phuket Marina (RPM) 2 years ago because of their client service, innovation and engaging personalities as well as their intention to have a local Phuket presence - and they have not disappointed.

Nuobello was instrumental in selecting PKF as auditors of RPM and was so impressed, they joined forces with PKF in an office in The Plaza Surin at the beginning of the year.

Value Added Audit and Business Services - for the hospitality Industry

With the collaboration of PKF and Nuobello, we have developed a suite of financial products that includes the Hospitality Value Added Audit. PKF will not only provide hotels with their customary service audit, but together with Nuobello, are offering hotels insights from our experience for our clients to get value from the audit process.

These benefits include additional services of:

  • Performing a Strategic Review of the Hotel
  • Financial Performance Review
  • HR Review
  • Contract & Fee Assessment
  • Environment Sustainability Review

If you are not getting anything from your auditors except a painful experience, a signed audit report and a large audit fee, maybe it is time to make a switch. PKF - auditors with intiative, personality and can-do attitude - will not disappoint and will assist you in improving your hotel's performance.

Please contact us for a Free Consultation.

Legal Updates: Another One-Year Postponement of PDPA

June 10, 2021

Despite the postponement of the Personal Data Protection Act B.E. 2562 (2019) (“PDPA”) last year, the Ministry of Digital Economy and Society still foresees difficulty fully enforcing PDPA in 2021 due to technical obstacles in the course of PDPA implementation and the current situation of COVID-19 pandemic which has wrecked the economy and society nationwide. They thus proposed another one-year postponement of PDPA to the Cabinet Minister, who approved the resolution and enacted a Royal Decree prescribing Organization and Business Data Controllers in Exemption of PDPA Enforcement (No. 2) B.E. 2564 (2021) (“Royal Decree”) on May 7, 2021, to postpone the effective date of the major PDPA provisions from June 1, 2021, to June 1, 2022.

Critical Perspectives of the Postponement

According to this new Royal Decree, the following five Chapters and one Section of PDPA shall be effective in June next year.

  • Chapter 2: Personal Data Protection
    This includes the provisions addressing the notification obligations of data controllers, the consent requirements, the collection of general personal data and sensitive personal data, the use of personal data, and the disclosure thereof.
  • Chapter 3: Rights of the Data Subject
    This Chapter addresses rights of data subjects and the obligations of data controllers and data processors with regards to efficient personal data protection.
  • Chapter 5: Complaints
    This Chapter establishes the authority of the Personal Data Protection Committee to appoint the Expert Committee to hear complaints, settle disputes, investigate, and carry out any acts in connection to claims in relation to PDPA. The dispute resolution process and the authorities of the competent officers in this regard are also established under this Chapter.

  • Chapter 6: Civil Liability
    The Chapter imposes compensatory obligations to data controllers or data processors who operate in violation of the provisions of PDPA and thereby cause damage to data subjects.
  • Chapter 7: Penalties
    This Chapter imposes criminal liability and administrative liability on data controllers, data processors, and any associated persons in case of violation of any provisions stipulated in PDPA.
  • Section 95: Data management protocols for the personal data that has been collected before the effective date of PDPA.

 

Concluding Remarks

Since the postponement affords additional time for all sectors in Thailand to adapt and customize their operation for PDPA compliance, this Royal Decree is a blessing in disguise. By next year, most sectors’ operations, if not all, should be in full compliance with PDPA; this will only be beneficial for all parties involved because PDPA offers comfort to all data subjects that their personal data will be handled with due care and transparency. In another light, PDPA enforcement will usher in a new regulatory era of data transactions in Thailand, which is necessary, given how much data is being used in the current business paradigm of the global Big Data trend.

 

Citation:

พระราชกฤษฎีกากำหนดหน่วยงานและกิจการที่ผู้ควบคุมข้อมูลส่วนบุคคลไม่อยู่ภายใต้บังคับแห่งพระราชบัญญัติคุ้มครองข้อมูลส่วนบุคคล พ.ศ. ๒๕๖๒ (ฉบับที่ ๒) พ.ศ. ๒๕๖๔ (๒๕๖๔, ๘ พถษภาคม). ราชกิจจานุเษกษา เล่มที่ ๑๓๘ ตอนที่ ๓๒ ก หน้า ๑ - ๓

Originally written:

https://www.pkfthailand.asia/news-events/news/20210608-ls-legal-updates-another-one-year-postponement-of-pdpa/

Retrieved from http://www.ratchakitcha.soc.go.th/DATA/PDF/2564/A/032/T_0001.PDF ,Retrieved 4 June, 2021

Download digitally here 

An Opportunity to Change for the Better

Hotels are now in the position to take full advantage of restructuring their traditional Back of House functions to reduce the resources and costs and improve the efficiencies of the management information.

The PKF Nuobello back office hotel accounting model presents hotels of all sizes with a real, affordable solution to use this pandemic to make significant change for the better.

 

Pandemic and Technological Advances

Even prior to the COVID-19 pandemic severely impacting the performance of the hospitality industry, digital technology advances were having a big impact on the industry. Social media and mobile technologies have changed the traditional business model of how hotels deal with customers.

Hotels are under increasing pressure from competition and to develop new strategies for growth. A major part of the hotel's competitiveness and profitability strategy is to minimise costs and improve operation efficiences without impacting on the customer experience.

COVID-19 has put additional focus on the management of costs. Most hotels have reduced their back office staff levels significantly during COVID. As we look at the reopening strategies post COVID, now is the opportunity for hotels to change their back office model to an outsourced solution.

 

What are the Advantages of Outsourced Back Office Accounting?

1. Process and Personnel Expertise

  • Outsourcing provides opportunity to have a highly-qualified team who can serve the hotel in a fresh, uninhibited and very effective manner.
  • Most small to medium sized hotels cannot afford quality financial staff. PKF-Nuobello are able to provide fully qualified senior Financial Controllers to oversee your hotel's back office operations.
  • Cloud based financial and HR systems make it easy to process, send and store data securely in the cloud. No longer does your team need to be on-site working on a fixed server based system.

2. Access to High-Tech Hotel Accounting Tools and Analysis

  • Outsourcing provides access to high tech accounting tools and hotel accounting experts able to provide detailed analysis of your financial data which should lead to cost savings and revenue improvements.
  • Fully reconciled financials are provided on a timely basis, in a best practice format providing ability for management to make timely, informed decisions about the business.

3. Cost Savings and Flexibility 

  • There is no need to hire an internal back office team. No need to hire new staff and retrain them. Outsourcing removes these headaches and provides continuity of accounting service.
  • Outsourcing provides flexibility to the hotel whether you are looking at upscaling or even downscaling. The hotel is not left with recruitment problems or dealing with unwanted staff following a downsizing/restructuring.

4. No Distraction for Employees

  • By outsourcing, you have a more focused team of accountants who can perform their tasks well without day-to-day distractions that occur with an in-house team.
  • Focus generally leads to efficiency and reduced errors.

 

A suite of products for the hospitality industry

@pkfnuobello

PKF-Nuobello is a collaboration between PKF Thailand and Nuobello which has developed a suite of products for the hospitality industry.

We have a model and a team to enable hotels to outsource the financial management to provide a level of service not normally possible for a small hotel or hotel group.

The PKF-Nuobello Solution

We understand not every hotel's requirements are going to be the same. Some may want to outsource all of their accounting and HR, others may be happy with their HR department and just want to outsource the accounting. We are flexible in our offering and can tailor a solution to meet the hotel's requirements.

  • We will ensure onsite staffing levels are minimised by training and cross-skilling staff.
  • Oversee onsite staff
  • Set up management information systems to provide accurate and timely monthly financial statements and informative financial analysis with recommendations for revenue improvements and cost reduction initiatives.

Structure

We have hired an experienced Hotel Financial Controller who heads up the Hotel Accounting Outsourcing Division of PKF Nuobello.

We have Cluster Financial Controllers (CFC) who will manage a group of 4-5 hotels. The CFC is responsible for:

  • Ensuring controls are in place at each hotel, managements accounts are provided on a timely basis.
  • Setting annual budget with the management team and reporting against this.
  • Coordinating year end financial auditors and ensuring all tax requirements are complied with.
  • Providing monthly management report analysing performance of each hotel and discussing with hotel management regarding revenue opportunities and costs savings initiatives.
PKF-Nuobello Outsourcing Solution

Ready to find out more?

Arrange your Free Consultation with us today!

Nuobello Welcome PKF to Phuket

Nuobello facilitated the appointment of PKF Thailand as auditors of Royal Phuket Marina 2 years ago. Their appointment was based not only on their fees being cheaper than the previous Big 4 accounting firms but PKF were different from a client service, innovation and engaging strong personalities - they have not disappointed. Nuobello was so impressed with PKF that we approached them to team up with us in Phuket and we opened up an office at The Plaza Surin in February.

Some Background Information

Nuobello's CEO, Michael Ayling, has previously spend 12 years as Finance Director and then Managing Director of Laguna Phuket and has extensive experience from a hotel owner and management company perspective. His Partner, David Bartlett has held CFO roles internationally before joining Michael at Nuobello in 2013. Michael and David held CEO/CFO and HR roles at Blue Tree, Phuket, developing the project from conception, through construction, opening and operations. Michael and David have almost a combined 20 years in Audit for KPMG in a number of international offices.

'A suite of products for
the hospitality industry.'

@pkfnuobello

PKF and Nuobello have recently developed a suite of products for the hospitality industry. Value Added Audits, providing significant added value from the standard statutory audit to assist the hotel to improve performance, Outsourced Hotel Accounting and HR Services and recently released PKF People, a dynamic, easy to use and efficient HR and payroll system which should save time and money for hotels of all sizes.

This is just the beginning, but this coming together of like-minded professionals to develop unique Phuket-based hospitality offerings holds great expectations for Nuobello and PKF Thailand.

Thailand could be without Chinese tourists until 2023.

Indications are that China will not be opening its borders until 2023 which will have severe implications on the recovery of the Thai tourism industry in the short to medium term.

On the brighter side, the longer term prospects for the region are much more positive as Chinese tourists are expected to be drawn to countries that they see as safe and which offer an easy visa application process. For this Thailand will be very well placed to see a surge from the lucrative Chinese market when the borders finally open.

The full article discussing this important issue for both the tourism industry and the Thai economy as a whole can be found here.

PKF join Nuobello in Phuket 

PKF Thailand has expanded its operations to Phuket, where we are collaborating with Phuket hospitality and tourism development and consulting company, Nuobello. This strategic collaboration is based on Nuobello's knowledge of the hotel industry and PKF's expertise in accounting and business advisory, which together can provide further Value Added Services to numerous hospitality clients in Phuket. PKF's goal is  to help clients identify key issues and resolve this through professional guidance, analysis and planning.

In addition, we have partnered with a software developer to create PKF People to assist businesses in improving their payroll and human resource processes whilst also reducing costs and ensuring time is utilised where it matters. We believe that PKF People is the perfect tool for all types of businesses and are excited to launch this into the Phuket market.

'PKF Nuobello are helping clients identify and resolve key issues'

Expertise, Software Solutions and Knowledge

PKF Thailand is a leading international accounting and business advisory firm in Thailand and is a member of the PKF International global network. In May 2021, we were ranked in the top two international accounting firms in Thailand by Thaiger, a popular online news platform based in Phuket. Our head office is located in the heart of Bangkok with two branch offices on the Eastern Seaboard in Sriracha and Pattaya. We have over 110 professional consultants in Thailand, we provide the following core services to a range of businesses including: audit and assurance, tax advisory, accounting, payroll, corporate legal and advisory.

Organizing a meeting in public spaces during the COVID-19 pandemic is a difficult thing to do and it has become near-impossible with the recent third-wave outbreak. Through its official announcement as dated 26 April 2021 (“DBD Announcement”), the Department of Business Development (DBD) responded to this change of event by allowing postponement of juristic persons’ meetings as well as providing an alternative e-meeting arrangement,

The details of the DBD Announcement are listed out below.

  1. Criteria

Juristic persons can postpone the meeting date if the following conditions are fulfilled:

  1. The cause for the postponement shall relate to the recent third-wave outbreak’s preventive measures regarding the restrictions on the total number of meeting attendees; and,
  2. The meeting date is postponed not more than 1 month from the scheduled date.
  3. Process

After the postponed meeting is held, the juristic person shall submit the letter of clarification stating the causes of the postponement to the DBD, together with financial statements, a copy of the list of shareholders, a copy of the minutes of the shareholder’s meeting or the annual report.

  1. Alternative

Juristic persons can alternatively hold a meeting electronically during the COVID-19 pandemic according to the Electronic Meeting Royal Decree B.E. 2563 (2019) which is effective since 19 April 2019. The e-meetings will have the same legal effects as an in-person meetings as prescribed by the relevant law.

Concluding Remarks

This DBD Announcement relieves the anxiety of those organizations who planned to arrange their annual general meetings during this crisis period. They can readjust their meeting plan according to their circumstances with some choosing to postpone their meetings, while others may choose to hold their meetings electronically instead.

This announcement is an example of an effective, simple solution implemented by a government body to solve the current complications faced by the private sectors arising out of the COVID-19 situation.

Download digital format here

Citation:

Editor (2021, April 26). การจัดการประชุมนิติบุคคลภายใต้ประกาศของจังหวัดเรื่อง สั่งปิดสถานที่เป็นการชั่วคราว

Retrieved April 30, 2021, from bangkokbiznews.com: article_20210429120746.pdf (dbd.go.th)

Editor. (2020, April 18). กฎหมายที่อยู่ในความรับผิดชอบของกระทรวง. Retrieved from กระทรวงดิจิทัลเพื่อเศรษฐกิจและสังคม Ministry of Digital Economy and Society: https://www.mdes.go.th/law/detail/3619-EMERGENCY-DECREE-ON-ELECTRONIC-MEETINGS--B-E--2563--2020-

Original article here