In the case that the investment exceeds tax privileges
- Investments that exceed tax privileges are not eligible for tax deduction.
- Capital gains incurred from redemption of the investment which exceed tax benefits 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 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.