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Most, if not all, of commercial contracts incur the tax burdens for parties involved. Prior to entering any agreement the parties should familiarize themselves with the relevant taxes imposed on their agreement.
Therefore, the parties can structure their actual commercial transaction in their agreement/contract in order to minimize their tax burdens of all parties involved.
We advise clients on structuring the agreement/contract in the way that minimizes their tax burdens.
Let us do a commercial contract tax planning for you. Along with making a good choice of entities, our tax advisors help clients fully take advantages of followings:
• Use of tax exempted agreements/transactions
• Use of lowly taxed agreements/transactions
• Use of agreements that allow more expenses or
depreciations
• Use of agreements that postpone tax payment
• Use of agreements that avoid advance payment of tax
• Separation of agreement
• Combination of agreements
• Use of double taxation treaties
• Structuring and use of least taxed entities
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In tax cases the Thai courts applies the doctrine of substance over form. The courts do not take what their parties elaborate their contractual relationship in documents for granted. But the courts examine the actual economic reality of the commercial transaction to determine the types of the agreement/contract for the purpose of tax.
Hence, in commercial contract tax planning, it is important to have Thai tax lawyers analyze the actual economic reality of the deal and draft the agreement/contract that reflects the actual economic reality as well as minimizes tax burdens.
Commercial contract tax planning is a matter of laws that should be dealt by qualified Thai tax attorneys. |
