Harmful Tax Practices – 2024 Peer Review Reports on the Exchange of Information on Tax Rulings

Thailand

Thailand has met all aspects of the terms of reference (OECD, 2021[1]) (ToR) for the calendar year 2024 (year in review), and no recommendations are made.

Thailand can legally issue one type of ruling within the scope of the transparency framework.

In practice, Thailand issued rulings within the scope of the transparency framework as follows:

Type of ruling	Number of rulings
Past rulings	182
Future rulings in the period 1 April 2018 – 31 December 2018	36
Future rulings in the calendar year 2019	157
Future rulings in the calendar year 2020	23
Future rulings in the calendar year 2021	21
Future rulings in the calendar year 2022	74
Future rulings in the calendar year 2023	62
Future rulings in the year in review	27

Peer input was received from three jurisdictions in respect of the exchanges of information on rulings received from Thailand. The input was generally positive, noting that overall information was complete and in a correct format. However, peer input indicated that exchanges on rulings were not timely. This has been reflected in the report.

Information gathering process (ToR I.A)

1. Thailand can legally issue the following type of ruling within the scope of the transparency framework: preferential regimes.1

2. For Thailand, past rulings are any tax rulings within scope that are issued either: (i) on or after 1 January 2016 but before 1 April 2018; or (ii) on or after 1 January 2014 but before 1 January 2016, provided they were still in effect as at 1 January 2016.

3. In the prior years’ peer review reports, it was determined that Thailand’s undertakings to identify past rulings and all potential exchange jurisdictions were sufficient to meet the minimum standard. Thailand’s undertakings in this regard remain unchanged, and therefore continue to meet the minimum standard.

4. Thailand has met all of the ToR for the information gathering process and no recommendations are made.

Exchange of information (ToR II.B)

5. Thailand has the necessary domestic legal basis to exchange information spontaneously. Thailand notes that there are no legal or practical impediments that prevent the spontaneous exchange of information on rulings as contemplated in the Action 5 minimum standard.

6. Thailand has international agreements permitting spontaneous exchange of information, including: (i) the Multilateral Convention on Mutual Administrative Assistance in Tax Matters: Amended by the 2010 Protocol (OECD/Council of Europe, 2011[2]) (“the Convention”) and (ii) bilateral agreements in force with 61 jurisdictions.2

7. For the year in review, the timeliness of exchanges is as follows:

 

Future rulings within the scope of the transparency framework	Number of exchanges transmitted within three months of the information becoming available to the competent authority or immediately after legal impediments have been lifted	Delayed exchanges
		Number of exchanges transmitted later than three months of the information on rulings becoming available to the competent authority	Reasons for the delays	Any other comments
	6	21	Database system issue	N/A

 

Follow-up requests received for exchange of the ruling	Number	Average time to provide response	Number of requests not answered
	0	N/A	N/A

8. Thailand noted that the delays in exchanges were caused by a database system failure. Thailand fixed the issue in the year of review and noted that mechanism has been implemented to prevent future disruptions, ensuring timely exchanges moving forward. This will be further monitored in the next peer review.

9. Thailand has the necessary legal basis for spontaneous exchange of information, a process for completing the templates in a timely way and has completed all exchanges. Thailand has met all of the ToR for the exchange of information process and no recommendations are made.

Statistics (ToR IV.D)

10. The statistics for the year in review are as follows:

Category of ruling	Number of exchanges	Jurisdictions exchanged with
Ruling related to a preferential regime	27	Australia, Cambodia, China (People’s Republic of), France, Germany, Hong Kong (China), Iceland, Indonesia, Japan, Korea, Malaysia, Netherlands, Pakistan, Philippines, Singapore, Switzerland, Chinese Taipei, United Kingdom

Matters related to intellectual property regimes (ToR I.A.1.3)

11. In the prior years’ peer review reports, it was determined that Thailand offers an intellectual property regime3 for which no transparency requirements under the Action 5 Report (OECD, 2015[3]) were imposed.

Summary of recommendations on implementation of the transparency framework

Aspect of implementation of the transparency framework that should be improved	Recommendation for improvement
	No recommendations are made.

Notes

← 1.  International business centre.

← 2.  Participating jurisdictions to the Convention are available here: www.oecd.org/tax/exchange-of-tax-information/convention-on-mutual-administrative-assistance-in-tax-matters.htm. Thailand also has bilateral agreements with Armenia, Australia, Austria, Bahrain, Bangladesh, Belarus, Belgium, Bulgaria, Cambodia, Canada, Chile, China (People’s Republic of), Cyprus, Czechia, Denmark, Estonia, Finland, France, Germany, Hong Kong (China), Hungary, India, Indonesia, Ireland, Israel, Italy, Japan, Korea, Kuwait, Lao People’s Democratic Republic, Luxembourg, Malaysia, Mauritius, Myanmar, Nepal, Netherlands, New Zealand, Norway, Oman, Pakistan, Philippines, Poland, Romania, Russia, Seychelles, Singapore, Slovenia, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Chinese Taipei, Tajikistan, Türkiye, Ukraine, United Arab Emirates, United Kingdom, United States, Uzbekistan and Viet Nam.

← 3.  International business centre.