In the case that the investment exceeds tax privileges.
- Investments that exceed tax privileges are not eligible for tax deductions.
- Capital gains incurred from redemption of the investment which exceed tax privileges must be incorporated into other income as taxable income.
In the case that the tax privilege was acquired, and the investor breached conditions.
- Investors must pay the income tax for the tax year during which the investment was deducted from income tax for exemption.
- If there are capital gains incurred from redemption, investors are required to:
- Pay withholding taxes according to the Revenue Code Section 40 calculated according to their tax rates.
- Incorporate the capital gains incurred from redemption as a taxable income.
- Investors must pay a surcharge to the Revenue Department at a monthly rate of 1.5% on the exempted tax amount but not more than tax payable amount. The period designated to pay the surcharge will be after the last day of tax filing, or the remittance period of the year the investor applied for tax exemption until the date of payment or remittance of additional taxes. It is suggested that the investor should pay as soon as possible.
Breaches of investment conditions 1 to 3 are not applicable in the event of death or disability of the investor, in accordance with the conditions of the Revenue Department.
In this regard, investors must comply with the regulations stated in the Thai ESG handbook.