In case of investment exceeding tax benefits
- The investment amount that exceeds the tax benefits cannot be used for tax deduction.
- The profit from redeeming the investment amount that exceeds the tax benefits must be included with other income received by the investors in that tax year for income tax payment.
In case of using tax deduction but not following the conditions
- Investors must pay the income tax for the tax year during which the investment was deducted from income tax for exemption to the Revenue Department.
- 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 the 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.
- If there are capital gains incurred from redemption, investors are required to:
- Pay withholding taxes calculated according to their tax rates.
- Incorporate the capital gains incurred from redemption as a taxable income.
Breaches of investment conditions 1 to 3 are not applicable in the event of disability or death 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.