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Byline: Michael Doyle
Dec. 5--Since the government implemented the new Regional Operating Headquarters (ROH) legislation in August, many investors have sought to utilise the law in ways that the authorities might not have originally anticipated.
One of these methods involves Thai and foreign businesses investing in mainland China.
Along with the rest of the world, many Thailand-based multinationals have invested or are currently looking to invest in China. In the event these China investments become profitable, the Thailand investor will typically face tax issues when repatriating profits to Thailand.
These corporate investors may now utilise the ROH legislation in combination with the Thailand-China Tax Treaty in order to reduce or eliminate tax normally associated with this process.
Suppose a Thailand company enters into a joint venture to purchase 25 percent of the shares of a company established in mainland China. Later, the China company realises a substantial profit and distributes a dividend to its shareholders including the Thailand company.
The Thailand shareholders' receipt of the dividend payment would normally be subject to Thai corporate income tax at 30 percent of annual net profits.