Seven Opportunities: India-Thai Businesses
Thai investment opportunities for entrepreneurs and investors from India
India and Thailand, located in each other’s extended neighborhood, share a maritime boundary in the Andaman Sea at the Bay of Bengal. India and Thailand have been culturally linked for centuries and India has had a deep influence on Thai culture. Even economically, India is coming during the last years closer to Thailand. Recent legal and economic developments increase the appeal of Thailand as an investment jurisdiction for Indian companies.
The business relations between Thailand and India are for certain reasons a one-way-street. Thai companies focus their Asian foreign investments mostly to Myanmar, and there is no real potential that Thai investors enter the Indian market, buy Indian businesses or invest in Indian real estate.
The Thai embassy in India is located in New Delhi, with three consulates in Mumbai, Kolkata, and Chennai. Indian passport holders who are visiting Thailand for Tourism and plan to stay no more than 15 days in the country can avail the Visa on Arrival service from and of the 32 designated channels of Immigration checkpoints including Phuket International Airport. In 2018, 1.6 million Indians traveled to Thailand and spent close to THB 70 billion (US$ 2.2 billion).
#1. Thai-India trade: The India-ASEAN Trade in Goods Agreement was signed in August 2009, had come into force in 2010 and liberalized tariffs on over 90% of items. The long-delayed free trade agreements in services and investments between India and ASEAN came into effect on July 1, 2015. The bilateral trade between India and ASEAN grew from USD 68.4 billion in 2011 to USD 71.6 billion in 2012 and USD 76 billion in 2013. The target has been set at USD 100 billion by 2015. The agreement will boost the movement of Indian professionals in the ASEAN region besides facilitating investments. It will also promote more investments in the services sector.
India decided in 2019 not to participate in the Regional Comprehensive Economic Partnership (RCEP), the biggest free-trade agreement among the ten ASEAN member states and the six states with which ASEAN has existing FTAs (Australia, China, Japan, South Korea, and New Zealand). RCEP has been signed on November 15, 2020 and leaves the door open for India to join the FTA later.
India’s ‘Look East’ policy (since 1993), and Thailand’s ‘Look West’ policy (since 1996) have been complementary in consolidating bilateral relations including economic and commercial linkages.
#2. Indian managed Thai business: Thailand’s legal system allows foreigners to set-up a limited company, taking into consideration the country’s foreigner legislation. Depending on the type and scope of business activities, such a venture needs a business license.
Manufacturing in Thailand opens the doors to a customs-free distribution within the whole ASEAN region under the protection of the ASEAN Economic Community which had been implemented in 2015. Also, under the ASEAN-China Free Trade Agreement, it is possible to source semi-finished products and raw materials customs-free as well. Traditional target industries for Indian investments in Thailand are auto parts, agro and food processing, IT and software, textile, and pharmaceutical.
#3. Thailand Board of Investment: Thailand offers a generous investment promotion for Indian investments. With effect from January 1, 2015, Thailand re-invented its investment promotion legislation as a substantial part of its overall national industrial policy, political control, and economic governance.
#4. Acquisition of Thai companies: In Thailand, there are several production facilities which base on German and European technology and product engineering and might be a rewarding target for Indian company buyers. They could even consider moving the trademarks, technologies, and production facilities to India.
#5. Property investments in Thailand: The land of smile is a preferred investment market for real estate. Although there are some limitations for foreign buyers, the acquisition can be structured in a way to circumvent the restriction to assure a sustainable investment.
#6. Energy and infrastructure: Compared with other Southeast Asian countries, Thailand has the highest electricity demand, with plans for increased imports from neighboring countries. Investment in renewable energy is one of the country’s priorities, given its goal to reduce its energy imports. This invites Indian alternative energy companies to invest in Thailand’s energy sector for a handsome reward.
The India-Thailand Asian superhighway is part of AH 1 (Asian Highway No. 1) and runs from Moreh in India to Thailand’s Maesot via Myanmar’s Tamu, Mandalay, and Myawaddy.
#7. Blockchain and digital assets: While India bans nearly all types of blockchain ventures, cryptocurrency and digital asset businesses, Indian Bitcoin entrepreneurs, Blockchain engineers, and the whole digital asset industry needs a new playground and crypto-friendly environment. Thailand is under various aspects the perfect safe haven jurisdiction.
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There are additional aspects and business opportunities that attract Thailand as an investment hub to Southeast Asia. Now the time seems to be right for Indian companies to evaluate the legal, financial and investment framework of Thailand in more detail. Especially Indian companies in the business districts of Mumbai (Bombay), Delhi, Bangalore, Hyderabad, Ahmedabad, Chennai (Madras), Kolkata (Calcutta), Surat, Pune (Poona) and Jaipur.
Tax planning considerations
The Thai-India double taxation agreement has been adjusted. The new DTA came into force in January 2017. It reduces withholding tax on interest from the domestic rate of 15% to 10% (or in privileged cases to 0%). To obtain tax benefits under the new DTA, India requires Thai companies first to apply for a PAN (Permanent Account Number) from the Indian Income Tax Department before they can receive tax relief under the DTA.
Withholding tax on royalties has been reduced from 15% to 10%. Art 13 DTA has new rules for the taxation of capital gains. The old rule that capital gains are taxed in the country of the transferor is modified to allow taxation in the country in which the property is located.
Namasté: Professional services from Bangkok for entrepreneurs and investors from India
PUGNATORIUS Ltd. is a Bangkok-based specialist provider of bespoke transactional legal and tax advice in the corporate and property legal and taxation industry sectors. The law firm highly welcomes investors and companies from India as paying clients. Consultancy and support offers are always the law firm’s “best proposal” and not discountable. The lawyers’ team is available for a meeting at the law firm’s Bangkok office for an adequate meeting fee only.
Irrespective of nationality, the law firm does not provide free legal advice. This policy applies unrestricted even in the run-up of an informally accepted but unpaid legal assignment. This includes professional advice on legal and license requirements, documentation, costs, and time-frame. Therefore, it is unfortunately not possible and a mutual waste of time to request legal assistance and transaction support by assuring that the law firm will be definitely assigned and paid if it first clarifies legal issues as a precondition to a paid legal assignment.