What determines whether tax must be withheld?
Identify the nature of the payment, payer and recipient, the service or transaction arrangements and whether payment crosses borders. Service fees, rent and royalties should not be assigned one rate simply from an abbreviated invoice description.
How should the contract address tax allocation?
Clarify whether the quoted amount includes tax, the net amount payable after withholding, delivery of supporting certificates and each party's cooperation. Contractual allocation of costs does not replace assessment of the applicable tax law and withholding obligation.
How can the business maintain a complete record?
Keep the contract, invoice, payment evidence, withholding calculation and filing evidence linked. THAIHOUSING handles accounting and tax-return submission and can reconcile documents between payment and filing. Cross-border payments also require a separate check of applicable tax treaties and supporting evidence.
Related legal service
Sources
- 税务局Revenue Code第50、50 bis条
www.rd.go.th
