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IMPACT – MEDIUM
What is the change? Thailand’s One Stop Service Center is imposing additional documentation requirements on non-Board of Investment companies applying for work visa renewals.
What does the change mean? According to an unwritten policy, non-BOI companies renewing work visas for foreign employees must present tax documents and social security contributions for the previous three months if immigration officers are suspicious of the business operation of the employer. The following are examples of when the companies may need to present the documents:
Immigration officers may exercise discretion in considering many factors and the overall circumstances; therefore, it is difficult to predict who will be affected.
What is the purpose of this change? The employer must be the real employer and have real business operations. Immigration officers are vetting the qualifications of the company rather than the employees or particular nationalities. Therefore, if Indian nationals or other “watch list” nationals are employed by large companies where immigration officers do not have reason to suspect the employer, additional documents will not be requested. Watch list countries are: Argentina, Bangladesh, Bolivia, Chile, Colombia, Gambia, Ghana, Guinea, Iran, Indian, Liberia, Mali, Nepal, Nigeria, Pakistan, Peru, Senegal, Sierra Leone, Sri Lanka, Togo and Uganda.
Background: Generally, only the previous month’s tax, VAT (value added tax) return and social security contributions are required by the OSSC. The new rule requires the following for any suspected employer:
Analysis & Comments: Employers should be aware that additional company qualifications and documentation may be requested of them, such as financial statements, total assets and liabilities, and number and salaries of Thai and foreign employees.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
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