August 2024

  • Bulgaria
    • Bulgaria – Transfer Pricing: Start-Up Expenses for New Projects Must Be Included in Profit Margin Calculations, Says Supreme Administrative Court

      The Bulgarian Supreme Administrative Court issued its decision on a transfer pricing dispute and held that start-up expenses for new projects cannot be excluded when calculating profit margins. The decision was issued in case of a dispute between the National Revenue Agency and Yazaki Bulgaria EOOD (Yazaki), a company engaged in the production of automotive products.

      (a) Facts. Yazaki argued that losses from new projects should be excluded from total expenses to adjust its margins, calculating adjusted margins that fell within the comparables' interquartile range. However, the tax authorities rejected these adjustments and recalculated Yazaki's margins to the lower quartile of the comparables' range, resulting in additional tax liabilities.

      (b) Issue. Тhe Supreme Administrative Court reviewed a tax audit concerning transfer pricing practices for automotive products. The audit had used the transactional net margin method (TNMM) and determined that Yazaki's reported net cost plus margins did not align with those of comparable companies, which led to additional tax assessments.

      (c) Decision. The Supreme Administrative Court upheld the tax authorities' calculations, finding that Yazaki's adjustments were not justified under the TNMM principles and that the reported losses were not proven to be exceptional or temporary. The court annulled the previous decision of Administrative Court - Yambol, dismissed Yazaki's appeal, and affirmed the additional tax and interest claims.

      Source: IBFD Tax Research Platform News

  • China
    • GAC Seeks Comments on Revision to Administrative Measures of the Customs for the Levying of Duties on Imported and Exported Goods

      On August 2nd, 2024, the General Administration of Customs (GAC) recently drafted the Administrative Measures of the Customs of the People's Republic of China for the Levying of Duties on Imported and Exported Goods (Draft Revision for Comment) (the "Draft") to solicit public opinions by September 2, 2024.

      The Draft adds 38 articles, deletes 33 articles, modifies 41 articles and retains 10 articles compared with the existing measures. The revisions mainly involve: (1) deepening the comprehensive tax governance mechanism; (2) fully adopting the "self-report and self-pay" system; (3) clarifying the tax declaration obligation for royalties; (4) adjusting the applicable date for tax rates and exchange rates; (5) separating tax payment notification from tax payment certificate; (6) increasing taxpayer's tax declaration requirements; (7) adding provisions on the payment deadline of consolidated tax payment; (8) improving the regulations on the refund of late payment surcharge; (9) adding regulations on the levying of tax on bonded domestic sale goods; (10) adding regulations on customs tax confirmation; (11) implement classified handling of tax risks; (12) adding relevant provisions on tax enforcement; and (13) deleting the provisions on tax reduction and exemption for imported and exported goods.

      Draft: http://www.customs.gov.cn/customs/302452/302329/zjz/6022962/index.html

    • China, Matters on the Formulation of the List of Industrial Machine Tool Enterprises Eligible for VAT Super-deduction Policy in 2024 Clarified

      On August 8th, 2024, three departments, including Ministry of Industry and Information Technology (MIIT), have jointly issued the Circular on Relevant Matters Concerning the Formulation of the List of Industrial Machine Tool Enterprises Eligible for VAT Super-deduction Policy for 2024 (the "Circular"), with effect from the date of issuance.

      The list mentioned in the Circular refers to the list of enterprises engaged in principal machine, key functional part, and numerical control system of advanced machine tool which are eligible for value-added tax (VAT) super-deduction policy, as specified in Cai Shui [2023] No. 25. According to the Circular, enterprises applying for being included in the list shall submit application via the information submission system prior to August 31, 2024, generate paper documents affixed with official seal and report them to the provincial industry and information technology departments along with necessary supporting materials. For enterprises that have been included in the 2023 list and intend to apply for the inclusion in the 2024 list, Items 2, 3, 6 and 8 of the List of Evidential Materials to be Submitted by Industrial Machine Tool Enterprises Eligible for VAT Super-deduction Policy shall be submitted once again. The Circular also clarifies that enterprises may inquire about whether they are included in the list via the information submission system after October 31, 2024.

      Circular:https://www.miit.gov.cn/zwgk/zcwj/wjfb/tz/art/2024/art_549a8290fee64b15afe2aea4ee5f934f.html

    • China, STA to Optimize Services for Cross-region Migration of Taxpayers from Next Month

      The State Taxation Administration (STA) has released the Circular on Further Facilitating Cross-region Migration of Taxpayers to Serve the Building of a Unified National Market (the "Circular"), with effect from September 1, 2024.

      The Circular mainly involves: (1) proactively providing guidance to optimize prior reminders; (2) refining various scenarios to accelerate the in-process handling; and (3) providing tracking and follow-up guidance to improve subsequent services. Among others, the Circular calls for simplifying invoice usage procedures. For taxpayers adopting fully digitalized electronic invoices, the information system will automatically transfer their invoice quota to the new location. Taxpayers using tax control devices may change the tax control device information online in the case of migration within a province without cancelling the tax control device at the original tax authority. In the case of migration across provinces, taxpayers may remotely cancel the tax control device online and directly obtain a new device from the tax authority in the new location or adopt fully digitalized electronic invoices. The Circular also stresses the efforts to optimize the handling of pending matters, conduct categorized handling of tax-related risks, and improve the tax refund process.

      Circular: https://fgk.chinatax.gov.cn/zcfgk/c102424/c5233779/content.html

    • China, MOFCOM to Impose Anti-dumping Duties on Halogenated Butyl Rubber Originating in the U.S. and Other Regions

      On August 19th, 2024, the Ministry of Commerce (MOFCOM) has issued the Announcement [2024] No. 32, stating that anti-dumping duties will continue to be imposed on imports of halogenated butyl rubber originating in the United States, the European Union, the United Kingdom, and Singapore.

      According to the Announcement, in accordance with Article 50 of the Anti-Dumping Regulations of the People's Republic of China (Revised in 2004), the MOFCOM, based on investigation results, suggested to the Customs Tariff Commission of the State Council the continuation of anti-dumping measures. The Customs Tariff Commission, following the MOFCOM's suggestion, decided that from August 20, 2024, anti-dumping duties will continue to be imposed on imports of halogenated butyl rubber originating in the US, the EU, the UK, and Singapore for a period of five years.

      Announcement:https://www.mofcom.gov.cn/zwgk/zcfb/art/2024/art_fb218a61ce0f449cb678ce91617cfe1e.html
  • Hong Kong
    • HK Govt supports SMEs’ transformation

      The Government’s staunch support for local small and medium enterprises (SMEs) has long been a cornerstone of its economic strategy – and no better illustration of this approach is offered by the Digital Transformation Support Pilot Programme. Launched in late March, the programme has already supported more than 600 applicants in accessing ready-to-use basic digital solutions.

      Operated by Cyberport with a funding allocation of $500 million from the Government, the pilot programme serves to assist SMEs in the retail and food & beverage sectors in expediting their digital transformation through the application of ready-to-use basic digital solutions. These solutions fall into three categories: digital payment systems and shopfront sales; online promotion; and customer management systems.

      The programme operates on a one-to-one matching basis, offering funding support of up to $50,000 for each eligible enterprise to acquire one digital solution package from the programme’s pre-assessed solution list.

      Cyberport has been active in promoting the programme to the relevant industries. It conducts online publicity activities and hosts regular briefings for SMEs to help them identify suitable digital solutions which satisfy their business needs and budget requirements.

      Separately, in view of the rapid growth of the Mainland’s electronic commerce (e-commerce) sector in recent years, and the enormous potential of domestic sales, the Government is also stepping up its support for local SMEs to develop e-commerce business in the Mainland.

      The Government launched E-commerce Easy, under the Dedicated Fund on Branding, Upgrading & Domestic Sales on July 15. The scheme allows enterprises to make flexible use of maximum funding of $1 million, within a cumulative funding ceiling of $7 million, to implement e-commerce projects. Measure that can be funded include establishing online stores, placing advertisements on third-party online sales platforms, incorporating online payment options on operators’ websites, and more.

      Additionally, in 2016, the Government launched the Technology Voucher Programme (TVP), which offers subsidies under the Innovation &Technology Fund for local entities to adopt technological services and solutions that can improve productivity or upgrade their business processes.

      The programme provides funding for projects, with the Government matching sums spent by applicants on a 3:1 basis. Subject to a cumulative funding ceiling of $600,000, applicants may receive funding for up to six projects.

      One beauty salon said it had used funding from the scheme to upgrade its online sales and booking system, which it uses to manage customer bookings and its inventory of beauty products. The improved system allows the firm to analyse sales trends and formulate better market strategies.

      Meanwhile, a toy shop has used TVP funding to transform its point-of-sale and enterprise resource planning systems. These now integrate data from physical stores and online shops, giving employees an accurate picture of the firm’s product inventory. The systems also record order details, and track the status of payments and logistics, making it easier for employees to arrange deliveries and respond to customer inquiries.

      The programme has received an enthusiastic response form the industries involved. As of the end of July this year, over 39,000 applications had been received, with SMEs making up more than 95% of successful applicants.

      To encourage more SMEs to make use of government funding for the purposes of digital transformation, the Innovation & Technology Commission and the Productivity Council hold “TVP Tactic Days”, and the council organises regular briefing sessions for potential applicants.

      Source: news.gov.hk

  • India
  • Singapore
    • Tripartite Guidelines on Flexible Work Arrangement (FWA) Requests in Singapore

      Singapore_Tripartite guidelines on flexible work arrangement requests

      On 16 April 2024, the Ministry of Manpower (MOM) announced the introduction of tripartite guidelines for flexible work arrangement requests, effective 1 December 2024. These guidelines establish minimum requirements for employers and recommend best practices for handling FWA requests. Flexible Work Arrangements (FWAs) are essential for inclusive workplaces. When implemented effectively, FWAs benefit both employers and employees. The guidelines provided by the Tripartite Alliance for Fair and Progressive Employment Practises (TAFEP) outline how employees should request and utilize FWAs, and how employers and supervisors should handle such requests.

      FWA Types

      The guidelines identify three main types of FWAs:

      • flexi-place (working from different locations aside the usual office location);
      • flexi-time (working at different timings with no changes to total work hours and workload);
      • flexi-load (working with different workloads and with commensurate remuneration).

      Formal FWA Requests

      Employers must have a formal FWA request process. Employees who have completed probation can submit formal requests. Existing formal and non-formal  practises should continue if mutually beneficial for both employees and employers.

      FWA Request Process and Content

      Employers can specify FWA request procedures (e.g., format, required information). Employees should follow these guidelines. If no formal process exists, employees can submit written requests by email. Requests should include the desired FWA type, frequency, duration, reason, and preferred start and end dates.

      Employer Considerations

      Employers should openly discuss and carefully consider FWA requests. Providing information about available FWA options and potential limitations is recommended. Employers who receive a formal FWA request should provide a written decision within two (2) months from receiving the request.

      This decision should outline the approval or rejection of the request, including reasons for rejection if applicable. Employers are encouraged to discuss alternatives with the relevant employee(s) if the FWA request is rejected.

      For more information regarding the guidelines and templates, please refer to MOM website at the following link: https://www.mom.gov.sg/-/media/mom/documents/press-releases/2024/tripartite-guidelines-on-flexible-work-arrangement-requests.pdf

       

      Should you have any questions or require assistance, please do not hesitate to contact us at info@diacrongroup.com

  • Switzerland
  • Thailand
    • Thailand BOI Approves Incentives to Promote JV Investments in Automotive Parts Sector

      The Thailand Board of Investment (BOI) yesterday approved a package of incentives to promote investment in joint ventures (JV) between Thai and foreign companies to manufacture automotive parts and components, for vehicles using all types of propulsion systems.

      The new package of incentives, which cover investments in both new projects, and in existing BOI promoted projects, aims to provide increased business opportunities for Thai entrepreneurs operating in the sector and to help upgrade automotive parts production. The incentives will apply to the manufacturing of parts for internal combustion engines (ICE), hybrids, and electric vehicles.

      “We hope these attractive incentives will incite foreign and local part makers to join hands to develop the industry and further strengthen Thailand’s position as an automotive industry manufacturing hub,” said Mr. Narit Therdsteerasukdi, Secretary General of the BOI. The Board meeting was chaired by Mr. Pichai Chunhavajira, Deputy Prime Minister and Minister of Finance.

      To qualify for the incentives, a new JV will be required to invest not less than 100 million baht in the manufacturing of auto parts and to be formed between a foreign company and a Thai company, whereby a Thai side must hold no less than 30% of the new entity’s registered capital. The Thai company entering the JV will itself be required to have been established for at least 3 years prior to application with the BOI, and to be at least 60% Thai-owned.

      Both new projects and existing parts manufacturers already enjoying BOI promotion privileges but transforming into a JV along the same criteria will be eligible for 2 years of additional tax exemption on the condition their total tax exemption period does not exceed 8 years in total.

      Applications for investment promotion under this package must be submitted by end-2025.

      The Board meeting, which was held today at the BOI headquarters in Bangkok, also approved a 2.54 billion baht investment in a new data center project to be located Nava Nakorn industrial estate, in Pathum Thani province, North of Bangkok. The totally foreign-owned project will support an IT Load of approximately 25 megawatts.

      Source: BOI.go.th

    • Thai Cabinet approves the Establishment of The National Credit Guarantee Agency (NaCGA) to support SMEs to access low interest loans

      On August 13, 2024, the Thai Cabinet approved the establishment of the National Credit Guarantee Agency (NaCGA) to facilitate small and medium-sized enterprises (SMEs) in obtaining low-interest loans. The Ministry of Finance and the Bank of Thailand are expected to propose legislation to officially establish the NaCGA, which is anticipated to take approximately six months to finalize.

      The NaCGA will operate as a legal entity under government oversight, without being classified as a government institution or state enterprise. Its primary function will be to offer loan guarantees and other financial services to both financial institutions and non-bank financial institutions. The agency will provide guaranteed securities, financial advice to business operators, and develop a credit risk database, thereby enabling businesses to access investment funds more swiftly.

      The funding for NaCGA will be sourced from:

      1. Government contributions

      2. Contributions from lending businesses

      3. Other fees and charges

      Source : thaigov.go.th

    • Thailand BOI Approves Investment Worth USD1.54 billion in Biochemicals, Data Centers, and Hospital; Sets New Promotion Category for the Repair of Used EV Batteries and ESS

      The Thailand Board of Investment (BOI) approved the investment promotion applications of eight large projects worth a combined 56.95 billion baht (USD 1.54 billion), including a bio-ethylene plant project by the local joint venture of Brazil’s Braskem, as well as data centers, power plants, and a major new hospital.

      The meeting, which was chaired by Mr. Pichai Chunhavajira, Deputy Prime Minister, Minister of Finance, and Chairman of the BOI, also approved the introduction of a new investment promotion category covering service centers for the repair, repack, and reuse of used electric vehicle (EV) batteries and energy storage systems, that further complements the BOI’s comprehensive EV supply chain policy and incentives. Another new category was approved to support the data hosting business, to match the rising demand for this type of activity and complement the investment incentives already offered to support the development of the digital industry. The Board also approved a new promotion package for Quarantine Facilities for Animals for export to help improve quarantine and certification services for international trade of livestock.

      “The applications approved today are large investment project by both foreign and local investors in key target industries of importance to the Thai government and the future development of the economy, such as projects helping to protect the environment and supporting the country's digital transformation,” said Mr. Narit Therdsteerasukdi, Secretary General of the Thailand Board of Investment (BOI), after the board meeting.

      The Board also approved new incentives for automotive parts makers investing to upgrade their technological level and improve their productivity, and/or invest to transition their operations to serve new industries, such as the medical equipment or aviation sectors.

      Project Approvals

      • Braskem Siam Co., Ltd., a joint venture between Braskem, the leading global biopolymer producer, and Thailand’s SCG Chemicals PCL, received approval for a 19.3 billion baht investment to build a plant to produce up to 200,000 tons/year of bio-ethylene (or green-ethylene) from bio-ethanol from agricultural products such as sugarcane, cassava, and corn. The plant will be located in Map Ta Phut Industrial Estate, Rayong province. Bio-ethylene is used to make a variety of environmentally friendly products, from packaging for food and beverage to personal and home care products, toys, houseware, and plastic bags.
      • The Board approved two large data center projects, aiming to support the economy’s digital transformation, and the fast-increasing demand for cloud computing, IoT and AI:
      • A multinational company headquartered in the United States received approval for a 7.19 billion baht investment in a data center in Samut Prakan province.
      • True Internet Data Center Co., Ltd. received approval for a 3.35 billion baht investment to expand one of the company’s four existing data centers, which is located at the True IDC East Bangna Campus, also in Samut Prakan province.
      • Bumrungrad International Hospital Phuket Co.,Ltd. received approval for a 4.96 billion baht investment to build a 212-bed hospital and Advanced Diagnostic Center. The project aims to attract foreign medical tourists to Phuket, which is Thailand’s main international tourism hub.
      • National Power Plant 12 Co.,Ltd. received approval for a 9.4 billion baht investment to build a plant to produce electricity and steam from biomass fuels, such as black rubber oil, a by-product of the paper pulp production process. The plant, which will have a production capacity of 130 megawatts of power and 576 tons/hour of steam, will be located in the 304 Industrial Park in Prachinburi province.
      • The SCG Group received approval for a 6 billion baht investment in a cogeneration power plant with a production capacity of 130 megawatts of power and of 160 tons/hour of steam. The plant will be located in Map Ta Phut Industrial Estate, Rayong province, and will serve electricity to factories in the industrial estate.
      • Super Earth Energy 8 Co.,Ltd., received approval for a 2.86 billion baht investment to build a plant to produce electricity from waste. The plant, which will have a 20 megawatts capacity, will be located in Nonthaburi province.
      • Thai Lion Mentari Co., Ltd., the operator of Thai Lion Air, received approval for a 3.89 billion baht investment to acquire 10 aircraft, representing a total passenger capacity of 2,072 seats, total cargo capacity of 84.60 tons.

      Support to Thai Startups

      Also today, a meeting of the Commission on the National Competitiveness Enhancement for Targeted Industries Policies, for which the BOI acts as the secretariat, approved measures to promote high potential startup enterprises operating in target industries from the Pre-Series A to Series A level. Qualified Thai startups with high growth potential may receive cash support ranging from 20 to 50 million baht in the form of matching funds. The policy aims to help increase the country's competitiveness and help foster an economy driven by technology and innovation.

      Source: BOI.go.th

    • Thailand’s supercharged EV sales poised for a new surge

      BYD and BMW are two very different auto companies. BYD is the Chinese upstart that is tussling with Tesla for the title of world’s leading manufacturer of new energy vehicles. BMW is the venerable 108-year-old German company that ranks as the global top selling luxury car brand.

      Yet despite their dissimilar pedigrees and target markets, BYD and BMW have made one identical business decision: To make Thailand a base to manufacture electric vehicles and the increasingly sophisticated batteries that power them.

      They are far from alone. Thai government tax breaks, subsidies and other incentives are transforming Southeast Asia’s second largest economy into a global hub not only for the production of battery electric vehicles (BEVs) but also the hybrid technologies that are supporting the zero-emission transition.

      And even as BYD staged the grand opening on July 4, 2024 of its 32 billion baht (about $900 million) state-of-the-art factory at Rayong in Thailand’s high-tech Eastern Economic Corridor, six other major Chinese BEV manufacturers -- Great Wall Motor, Hozon New Energy Automobile, SAIC Motor, Chongqing Changan Automobile, GAC Aion and Chery Automobile -- were already either operating or building their own factories nearby.

      In addition to this Chinese investment surge, Japan’s Isuzu Motors in March used the Bangkok International Motor Show in March 2024 to unveil the company’s first BEV – a version of the best-selling D-Max one-ton pickup truck – which it said would be built in Thailand and exported to select European markets, such as Norway, starting in 2025. Isuzu, which boasts 50 percent of the Thai pickup market, has filed last year with the Thailand Board of Investment (BOI) a plan to increase its investment in Thailand by 32 billion baht.

      Isuzu’s compatriots, Toyota and Honda, are also embracing the Kingdom as a place to advance their own clean energy ambitions by initially focusing on hybrids while taking tentative steps towards EV production.

      So, too, is Korea’s Hyundai Motor Company. Its unit, Hyundai Mobility Manufacturing (Thailand) Co., Ltd. received approval from the BOI in August 2024 to invest 1 billion baht to start in 2026 the local assembly of BEVs and the batteries that power them.

      Of the major European investors, Mercedes-Benz has been assembling electric cars and batteries in Thailand since 2022. BMW, which leads the premium market segment and has been building cars in Thailand since 2000, will launch its first locally made EVs in the second half of 2025. In March 2024, it broke ground on a 42 million euro fifth generation high voltage battery plant in Rayong.

      That same month, Chinese battery maker SVOLT Energy Technology, in partnership with Thai energy company Banpu Next, began producing EV battery packs in Thailand – further evidence that the kingdom is not only building vehicles, but also creating a localized supply chain to support the sector’s growth.

      Then in May, Changan announced partnerships with Thailand parts manufacturers including AAPICO Hitech PCL and Thai Summit Group as part of a total procurement plan worth 20 million baht (about $540 million) to produce Changan EVs locally from the start of 2025.

      In total, 18 clean energy automakers have invested $2.2 billion in the Kingdom, a figure the BOI believes could soar by 10-fold by 2027.

      “I follow these topics very deeply, but even I was surprised at how the market has developed here in the past year,” Eric Ruge, Managing Director of BMW Manufacturing (Thailand) Co. Ltd., said in an interview. “Customers are marching in the direction of battery electric vehicles.”

      Thailand has long been a successful player in the conventional internal combustion engine (ICE) auto industry, ranking 10th in the world and number one in Southeast Asia as a manufacturer in 2023.

      Now government policies offering subsidies, tax breaks and other incentives to manufacturers and consumers have catapulted it towards the top of the EV rankings, ahead of the U.S. and chasing market leader China.

      Even when enthusiasm for BEV began to falter in other countries, Thailand this year offered “an unwavering commitment” to maintain its consistent support.

      That consistency has not only led to a surge in BEV sales locally but also contributed towards what analysts at Bloomberg Green, a unit of the New York-based financial news service that focuses on the business, science and technology of climate change, say will be a tipping point for mass adoption of zero-emission vehicles.

      The tipping point, the analysts estimate, is a 5% market share – the level at which new technologies such as smart watches typically start to take the world by storm. So far 31 countries have met that figure for EV sales with Thailand being one that surpassed it “in blazing fashion,” they noted.

      In 2023, EV sales in Thailand soared by almost eight-fold to 76,000 – accounting for 12 percent of all vehicles sold. In the first quarter of 2024, the EV market share rose to 14 percent. “Thailand emerged as Southeast Asia’s EV pioneer,” Bloomberg Green reported.

      And that is just the start. Before this year, almost all EVs sold in Thailand were imported – mostly from China. Now with the opening of so many local production facilities, the annual sales figure for 2024 is set to double again to 150,000 – a 20 percent market share of all vehicles produced, the Electric Vehicle Association of Thailand has forecast.

      The country’s next big target is a so-called “30@30” strategy that aims for 30% of vehicles manufactured by 2030 to be EVs. These include not only private cars, but also trucks and buses.

      Given that more than half of Thailand’s 2.5 million vehicle manufacturing capacity will be exported, that would make the Kingdom an even more important global contributor to clean energy vehicle production.

      “Thailand aims to become a major EV manufacturing hub for domestic and export markets,” the International Energy Agency, a Paris-based intergovernmental organization comprising countries that account for 80% of global energy consumption, said in its 2024 Global EV Outlook. “New subsidies, including for domestic battery manufacturing, and lower import and excise taxes, combined with the growing presence of Chinese carmakers have contributed to rapidly increasing sales.”

      The most visible of those Chinese carmakers is BYD, which has chosen Thailand as its first production base outside China.

      When it entered the local market in 2022 with an imported model, the Atto 3, Thais queued outside showrooms to buy it. Last year, following the introduction of imported Dolphin and Seal models, BYD sold 30,000 cars locally – a 40% share of the Thai EV market.

      It also struck a deal for Bangkok-based Rêver Automotive to assemble its battery-powered buses and trucks in the kingdom.

      Now the opening of its new Rayong factory, with a production capacity of 150,000 vehicles a year, seems destined to play a key role in the company’s lightning-swift international expansion – especially across the 10-member Association of Southeast Asian Nations (ASEAN), a market of more than 670 million people.

      “We already have plans to export into ASEAN countries, the Australian market and even Europe,” Benson Ke Yubin, General Manager of BYD Thailand said in an interview.

      With so many other potential locations to choose from, what persuaded the Chinese BEV giant to invest in Thailand? Like other manufacturers interviewed for this article, Ke singled out Thailand’s supportive policies and the role of the BOI in assisting investors. “We feel confident investing here,” he said.

      If the speed of Thailand’s transition to BEVs sounds ambitious, it is based on a proven strategy. To get where it is today as a global leader in conventional ICE vehicle production, it not only attracted foreign car manufacturers, but also developed a sophisticated onshore supply chain of parts makers.

      Now a prime objective is to attract investment in the manufacturing of battery cells to complete the localization of the most important parts of the EV supply chain.

      But how did Thailand persuade car and battery makers to move so swiftly? Several years ago, the government identified “the car of the future” as one of five key strategic new technology industries it aimed to develop.

      Then in 2022 the incentives it offered foreign EV producers included allowing them to import vehicles for the first two years on condition they agreed to build factories soon after.

      Those companies that begin local production by the end of 2024 get the most privileges, although automakers opening factories between 2025 and 2027 will continue to be incentivized.

      First off the blocks was Great Wall Motor, which in 2020 acquired a conventional auto factory from U.S. giant General Motors, then announced it would spend 22.6 billion baht (about $615 million) converting it to manufacture hybrids and EVs. (NB: source is Reuters July 10, 2023 and Nikkei Feb 11, 2023). The first hybrids rolled off the production line in June 2021 followed by EVs in January 2024.

      Capable of producing 80,000 vehicles a year, including the Ora Good Cat, Haval and Tank models, the company describes the Rayong factory as its key production base for right hand drive vehicles in Southeast Asia.

      Then in March, Hozon fully opened what it termed “the first 100 percent EV factory in Thailand”, producing the Neta V small car which in Thailand competes in price with similar ICE models.

      Even before local manufacturing began, the Neta V had become an established favorite in Thailand following Hozon’s launch of the imported model in 2022. Within a year, 14,000 Netas had been sold – catapulting it to number two EV brand and into the top 10 best selling car models of all types in that year. “We took just one year and one model to gain consumer acceptance in Thailand,” Neta Auto (Thailand) General Manager Shu Gangzhi said in an interview. “This gave us confidence to invest more in this market and that’s why we decided to start production here.”

      Now, with a production capacity of 30,000 annually, the company is looking beyond Thailand’s borders. “We are also preparing the basis for exports to other Asian markets and maybe other markets such as South Africa, for both left and right hand drive vehicles,” Shu said.

      Why did Hozon choose Thailand? “It has the most attractive, stable EV policy – very realistic – with incentives for both consumers and manufacturers,” Shu added. “It is also a large and sophisticated market.”

      Both Great Wall and Hozon use batteries supplied by the new SVOLT JV factory. While SVOLT was originally the battery unit of Great Wall Motor Holdings, it now gets 70 percent of its business from other manufacturers, SVOLT’s Senior Vice President, Feng Zhang, says.

      Zhang says part of SVOLT’s decision to choose Thailand for its first factory in Southeast Asia stemmed from its earlier experience. “Progress has been fast and smooth and this gave us very high confidence,” he says.

      The bottom line, however, was commercial. “We are doing our business independently,” Zhang adds. “We expect a very high EV transformation in Thailand. In China, the EV market share is close to 50%. I think the same will happen in Thailand. This is going to be a huge market for us.”

      Back at BMW’s factory in Rayong, Managing Director Ruge doesn’t attribute Thailand’s success at winning investment entirely to its incentives or market opportunities. He also gives high praise to the Thai workforce.

      Of BMW Group’s global production network comprising 30 manufacturing plants in 15 countries, Rayong is unique in that it builds both cars and motorcycles under the same roof.

      “It’s a small plant, but it’s extremely complex,” Ruge says. “And it’s absolutely impressive how they can build these cars and motorcycles without any compromise in quality. I have worked all over the world, but what I have experienced here is really exceptional.”

      Source: BOI.go.th

    • Thai Cabinet approves improved Tax Incentives for Investment in Thai ESG Funds

      On July 30, 2024, the Thai Cabinet approved enhanced tax incentives for investments in Thai Environmental, Social, and Governance (ESG) funds. The annual tax deduction limit has been increased from THB 100,000 to THB 300,000, but it must not exceed 30 percent of the investor's assessable income. Additionally, the required holding period for investment units has been reduced from eight years to five years for units purchased between January 1, 2024, and December 31, 2026.

      Investments in Thai ESG funds will be separate from other retirement savings funds, such as retirement mutual funds and provident funds, which currently share a combined tax deduction cap of THB 500,000.

      Source :  Thaigov.go.th

  • United Arab Emirates
    • UAE Government issues Federal Decree-Law amending regulation of Employment Relationship Law

      The UAE Government has issued a Federal Decree-Law amending specific provisions of the Federal Decree-Law Regarding the Regulation of the Employment Relationship, known as the “UAE Labour Law”.

      This decree is part of the UAE's ongoing efforts to, further, develop its legislative and legal framework. It aims to ensure the efficiency and competitiveness of the labour market, regulate employment relationships, clearly define the rights and obligations of all parties involved, and ensure their protection by law.

      The decree imposes fines of no less than AED100,000 and no more than AED1 million on any employer who employs workers without a proper permit, hires workers or brings them to the country and fails to provide them with a job, misuses work permits, or shuts down a business or suspends its activities without settling workers' rights, in violation of the new decree and its Executive Regulations. The same penalties apply to the illegal employment of minors or allowing minors to work in violation of the law by their guardians.

      Additionally, the new decree introduces criminal penalties for fictitious recruitment, including fictitious Emiratisation. Therefore, employers found guilty of bypassing the provisions of the laws or executive regulations or decisions regulating the labour market, by faking their recruitment of one or more employees, will face fines ranging from AED100,000 to AED1 million. The penalty is multiplied by the number of workers involved in the fictitious employment.

      The amendments state that in the case of labour disputes, and if there is a disagreement with a decision the Ministry of Human Resources and Emiratisation issued to solve the dispute, the case shall then be brought before the Court of First Instance rather than the Court of Appeal. The court shall revoke proceeding with any claims filed after two years from the termination of the employment relationship, by the provisions of the present law.

      Furthermore, the new decree stipulates criminal proceedings for fictitious employment, including fraudulent Emiratisation, can only be initiated at the request of the Minister of Human Resources and Emiratisation or his/her authorised representative.

      The decree also provides the Ministry with the power to settle such cases upon the employer's request before a court sentence is issued, provided that the employer pays at least 50 percent of the minimum specified fine and pays back to the government all the financial incentives received by his/her fictitious employees.

      Additionally, according to the new decree-law, Courts of Appeal shall refer all requests, disputes and grievances regarding the regulation of employment relations, in their current state, to the competent Court of First Instance, starting from the date of the implementation of the provisions of this decree-law, except from the disputes that have been adjudicated or reserved for the issuance of a judgment.

      Source: Mohre.gov.ae

    • UAE, FTA urges Corporate Tax registration by September’s end

      The Federal Tax Authority (FTA) has urged Resident Juridical Persons with licences issued in July, irrespective of the year of issuance, to promptly submit their Corporate Tax registration application no later than 30th September 2024 to avoid administrative penalties.

      In a press statement, the FTA advised taxable persons to adhere to the timelines specified in FTA Decision No. 3 of 2024 on the timeline for the registration of taxable persons for Corporate Tax under Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses and its amendments, which came into effect on 1st March 2024. The FTA Decision outlines deadlines for each category of taxable persons subject to Corporate Tax to submit their registration applications.

      The FTA noted that, as per Cabinet Decision No. 75 of 2023 on the administrative penalties for violations related to the application of Federal Decree-Law No. 47 of 2022 on the Taxation of Corporations and Businesses, and its amendments, an administrative penalty will be levied on taxable persons who fail to comply with submitting their Corporate Tax registration application within the specified time periods.

      Furthermore, the FTA explained that the FTA Decision applies to juridical persons and natural persons, whether resident or non-resident, noting that juridical persons that are resident persons incorporated or otherwise established or recognised before 1st March, 2024 must submit their Corporate Tax registration application based on the month their licence was issued, irrespective of the year of issuance.

      For taxable persons holding multiple licences as of 1st March 2024, the deadline is determined by the licence with the earliest issuance date. In the event that a taxable person holds an expired licence on 1st March 2024, the registration deadline is still based on the month the licence was issued.

      The FTA stated that registration for Corporate Tax purposes is available through the EmaraTax digital tax services platform, which is accessible 24/7. The registration process has been streamlined into four main steps that will take approximately 30 minutes to complete. The platform also allows Value Added Tax or Excise Tax registrants to directly access their accounts via EmaraTax, complete registration for Corporate Tax, and submit the required documents. Once the registration request is approved, taxable persons will obtain a Tax Registration Number for Corporate Tax purposes.

      Meanwhile, the FTA urged taxable persons subject to Corporate Tax who have yet to register to create a new username through the EmaraTax platform using their email address and mobile number. Once the account is successfully created, registration can be completed by identifying the taxable person, selecting the ‘Register for Corporate Tax’ option, and following the remaining simple steps.

      Additionally, taxable persons subject to Corporate Tax can register directly through the EmaraTax digital tax services platform or through authorised tax agents listed on the FTA’s website. They can also submit a Corporate Tax registration application at several government service centres across the country, which provide their services electronically in accordance with government service standards and under the supervision of qualified and trained individuals. Once application procedures and electronically entered data verification are complete, a team of specialists reviews the application internally and provides the applicant with their Tax Registration Number for Corporate Tax directly to the email address listed in the Corporate Tax registration application.

      Source: wam.ae


      Diacron provides support in assessing the impact of Corporate Tax, offering dedicated consultancy to ensure full compliance and meet related regulatory requirements. For any inquiry or to discuss your specific needs, please do not hesitate to contact us at tax.uae@diacrongroup.com

  • United Kingdom
  • United States
    • US, interest rates remain the same for the fouth quarter of 2024

      The Internal Revenue Service today announced interest rates will remain the same for the calendar quarter beginning Oct. 1, 2024.

      For individuals, the rate for overpayments and underpayments will be 8% per year, compounded daily.

      Here’s a complete list of the new rates:

      • 8% for overpayments (payments made in excess of the amount owed), 7% for corporations.
      • 5.5% for the portion of a corporate overpayment exceeding $10,000.
      • 8% for underpayments (taxes owed but not fully paid).
      • 10% for large corporate underpayments.

      Under the Internal Revenue Code, the rate of interest is determined on a quarterly basis. For taxpayers other than corporations, the overpayment and underpayment rate is the federal short-term rate plus three percentage points.

      Generally, in the case of a corporation, the underpayment rate is the federal short-term rate plus three percentage points and the overpayment rate is the federal short-term rate plus two percentage points. The rate for large corporate underpayments is the federal short-term rate plus five percentage points. The rate on the portion of a corporate overpayment of tax exceeding $10,000 for a taxable period is the federal short-term rate plus one-half (0.5) of a percentage point.

      The interest rates announced today are computed from the federal short-term rate determined during July 2024.

      See Revenue Ruling 2024-18 PDF for details, which announces the rates of interest, and will appear in Internal Revenue Bulletin 2024-37, dated Sept. 9, 2024.

      Source: irs.gov

    • Treasury and IRS Propose Amending Federal Estate Tax Regulations for Qualified Domestic Trusts

      The Department of Treasury and the IRS have proposed amending federal estate tax regulations that apply to estates of decedents passing property to, or for the benefit of, a non-citizen spouse in a domestic trust for which the executor of the decedent's estate has made an election to be a qualified domestic trust (QDOT) and the trust satisfies all of the requirements for such treatment under applicable federal tax law and regulations. The proposed regulations, which were released on 20 August 2024, will appear in the Federal Register (REG-119683-22) on 21 August 2024.   Procedure for Filing Required Security Instruments Under current Treasury Regulations No. §20.2056A-2(d)(1)(i), QDOTs with assets whose value exceeds USD 2 million must satisfy one of three alternative security arrangements to secure the payment of the IRC section 2056A estate tax. Treasury Regulations No. §20.2056A2(d)(1)(i)(B) and (C), respectively, describe the requirements and form of the bond and the letter of credit that may be used as the required security arrangement. These provisions also require that the bond or letter of credit be filed with the decedent's federal estate tax return (Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, or Form 706-NA, United States Estate (and Generation-Skipping Transfer) Tax Return, Estate of nonresident not a citizen of the United States). Under the proposed regulations, a security instrument provided in compliance with Treasury Regulations No. §20.2056A-2(d) is not to be attached to the decedent's federal estate tax return (Form 706 or Form 706-NA). Instead, it is to be filed by submitting it directly to the Estate Tax Advisory Group. The proposal seeks to address the issue that security instruments attached to a decedent's federal estate tax return are not easily identified, hindering prompt forwarding to the Estate Tax Advisory Group.   Removing Outdated References The proposed regulations seek to remove outdated references to §20.2056A-2T(d), which have already been finalized as §20.2056A-2(d). In addition, the proposed regulations also seek to correct outdated references to a publication, to IRS officials and offices, and to procedures and addresses to be used by certain trustees to provide a security instrument to satisfy the requirements of a QDOT. The proposed regulations also seek to update the definition of "finally determined" in Treasury Regulations No. §20.2056A-2(d)(1)(iii) because the current definition of that term includes an outdated reference to the issuance of an estate tax closing letter. The proposed regulations would also update Treasury Regulations §§20.2056A-4 and 20.2056A-11 to properly identify the titles of IRS officials authorized to enter into agreements with regard to the section 2056A estate tax and to grant extensions of time to file a Form 706-QDT, US Estate Tax Return for Qualified Domestic Trusts, or to pay any section 2056A estate tax.   Source: IBFD Tax Research Platform News
    • Treasury and IRS Propose Regulations on Elections Relating to Foreign Currency Gains and Losses

      The Department of Treasury and the IRS have proposed regulations on the time for making and revoking certain elections relating to foreign currency gains and losses.

      Elections under § 1.954-2(g)

      Under section 954(c)(1)(D) of the Internal Revenue Code (IRC) and Treasury Regulations §1.954-2(g), foreign personal holding company income (FPHCI) includes the excess of foreign currency gains over foreign currency losses attributable to any IRC section 988 transactions. This is important because FPHCI is a type of income that can be subject to US tax under Subpart F rules, even if it has not been distributed to US shareholders.

      With respect to a controlled foreign corporation (CFC)'s computation of its FPHCI, US shareholders that are controlling US shareholders of a CFC may elect to:

      • exclude foreign currency gains and losses otherwise includible in the CFC's FPHCI computation under Treasury Regulations §1.954-2(g) and instead include such foreign currency gains and losses in the category (or categories) of Subpart F income to which such gains and losses relate (Treasury Regulations §1.954-2(g)(3)); or
      • treat as FPHCI all foreign currency gains and losses attributable to any section 988 transaction (except those described in §1.954-2(g)(5)) and any section 1256 contract that would be a section 988 transaction if not for section 988(c)(1)(D) (Treasury Regulations §1.954-2(g)(4)).

      Controlling US shareholders make either of the above elections "on behalf of the CFC by filing a statement with their original income tax return for the taxable year of the US shareholders ending with or within the taxable year of the CFC for which the election is made, clearly indicating that the election has been made."

      Under Treasury Regulations §1.954-2(g)(3)(iii) and (g)(4)(iii), the controlling US shareholders may revoke an election with the Commissioner's consent.

      The proposed regulations provide that:

      • controlling US shareholders may make a §1.954-2(g) election on behalf of a CFC by filing a statement with the original income tax returns for the taxable years of the controlling US shareholders in which or with which the taxable year of the CFC for which the election is made ends, clearly indicating that the election has been made;
      • controlling US shareholders may revoke a §1.954-2(g) election on behalf of a CFC by filing a statement with their original income tax returns for the taxable years of the controlling US shareholders in which or with which the taxable year of the CFC for which the revocation is made ends, clearly indicating that the §1.954-2(g) election has been revoked;
      • controlling US shareholders would be precluded from revoking a §1.954-2(g) election made on behalf of a CFC (including an initial election) until the sixth taxable year following the year in which the election was made; and
      • if a CFC's controlling US shareholders revoke a §1.954-2(g) election, they may not make a new §1.954-2(g) election on behalf of the CFC until the sixth taxable year following the year in which the previous election was revoked.

      Election under Proposed § 1.988-7(c)

      IRC section 988 governs the tax treatment of foreign currency transactions. Under proposed regulations released in 2017, a taxpayer, including a CFC, could elect to use a mark-to-market method of accounting for section 988 gains and losses with respect to certain section 988 transactions.

      According to the Treasury and the IRS, the 2017 proposed regulations provided too much flexibility by allowing taxpayers to make the election after knowing whether it would be beneficial, and thus selectively recognize losses. To address this, the Treasury and the IRS propose that the timing for making and revoking a §1.988-7 election, should align with the timing rules for making an election under IRC section 475Section 475 governs the use of the mark-to-market accounting method for dealers in commodities and traders in securities or commodities.

      Under the proposed rules, taxpayers must make the §1.988-7 election on the tax return for the year immediately preceding the year for which the election applies. Once made, the election would be effective for the taxable year for which it is made and all subsequent years. The taxpayer may revoke the election only with the consent of the IRS Commissioner. In addition, under the proposed rules, a taxpayer wishing to adopt the mark-to-market method under section 1.988-7 must receive the IRS Commissioner's consent to change their accounting method.

      Source: IBFD Tax Research Platform News