Eksiam & Partners Co., Ltd. · Tax Law Consultants · Bangkok, Thailand ไทย · EN · 中文
International Tax Services

International Tax
Cross-Border Transactions & Group Structures

When a business has structures or transactions connected with other countries, the tax issues must be considered in several dimensions at once — domestic law, the applicable double tax agreement, and the relevant international standards. The firm offers 6 services covering international tax issues for both Thai businesses and foreign businesses operating in Thailand.

I.

How international tax affects your business

How cross-border tax issues arise in business

When a business has transactions or structures connected with other countries, the tax issues must be considered from several dimensions at once, because each country asserts its taxing rights on a different basis — the country of residence taxes the worldwide income of its residents, while the source country taxes income arising within its territory. When both assert rights over the same income, double taxation arises; this is the origin of double tax agreements and the various mechanisms used to allocate taxing rights between countries.

These issues arise in two directions — foreign individuals or entities with income or activities in Thailand, and Thai individuals or entities with income or business operations abroad.

i.

Cross-border related-party transactions

Cross-border transactions between a parent and its subsidiary, or between companies in the same group, can raise issues of both transfer pricing and the application of a double tax agreement, which must be analyzed together on the facts of each transaction.

ii.

Cross-border payments and withholding tax

Payments of service fees, royalties, dividends, or interest abroad may be subject to withholding tax under domestic law, and a double tax agreement may set conditions for reducing or exempting that tax, depending on the treaty articles and the facts of the case.

iii.

Residence, source, and permanent establishment

The country of residence applies the residence principle to tax the worldwide income of its taxpayers; the source country applies the source principle to tax income arising within its territory. Whether a foreign enterprise has a permanent establishment (PE) in Thailand directly affects the method of taxation, which differs significantly.

II.

Choose the service that matches your issue

Six international tax services — pick what matches your case

Our international tax services are divided into 6 areas according to the nature of the issue. Each has its own scope and conditions, and choosing the right service depends on the nature of the transaction and the issue the business is facing.

Service I · DTA

Double Tax Agreements

Analysis of the conditions for applying double tax agreements to cross-border transactions and income, covering the characterization of income, the determination of residence, and PE analysis.

Suitable for
  • Businesses paying service fees, royalties, or interest to companies abroad
  • Foreign enterprises that need to assess their PE status in Thailand
  • Transactions requiring analysis of a reduction or exemption of withholding tax
Service II · Transfer Pricing

Transfer Pricing

Advice on analyzing related-party transactions, preparing transfer pricing documentation, and assessing risk for groups with cross-border transactions.

Suitable for
  • Groups with transactions between affiliated companies
  • Companies that need to assess risk and prepare transfer pricing documentation
  • Enterprises under a transfer pricing audit
Service III · RO Certificate

Certificate of Residence for Tax Purposes

Support in analyzing the tax residence conditions and preparing the supporting evidence for an application for a Certificate of Residence from the Thai Revenue Department.

Suitable for
  • Tax residents of Thailand who need to claim DTA benefits abroad
  • Thai entities that must evidence their tax residence to a foreign authority
  • Cases where the documents need to be checked before filing with the Revenue Department
Service IV · PE Analysis

Permanent Establishment Analysis

Analysis of the facts to assess whether a foreign enterprise has a permanent establishment in Thailand, covering fixed place, construction, service, and agency PE.

Suitable for
  • Foreign enterprises that send employees or contractors to work in Thailand
  • Foreign companies that need to assess PE risk before expanding
  • Cases under examination on permanent establishment issues
Service V · APA / MAP

APA and MAP Support

Support for advance pricing arrangements (APA) and the mutual agreement procedure (MAP) for transfer pricing disputes and cross-border double taxation.

Suitable for
  • Groups seeking certainty on transfer pricing in advance
  • Cases of international double taxation disputes requiring a MAP
  • Businesses that want to assess whether their case is suitable before filing an APA
Service VI · Pillar 2

Pillar 2 Top-up Tax

Impact assessment and readiness under the Emergency Decree on Top-up Tax B.E. 2567 (2024) for multinational enterprise groups that may fall within Thailand’s top-up tax law.

Suitable for
  • Multinational enterprise groups with consolidated revenue of EUR 750 million or more
  • Thai companies in multinational groups that need to screen scope and impact
  • Enterprises that need to prepare data and systems for Pillar 2
III.

The firm’s role in this category

What the firm contributes across cross-border tax engagements

The firm’s services in this category focus on analyzing the facts and the transaction structure so that the correct tax law approach is set from the outset. The firm’s role is analysis and advice, working together with the client’s management and finance/accounting team.

I.
Analyzing the facts and the transaction structure
We build a full understanding of the business structure and the nature of the transactions to identify the relevant international tax issues and determine the service that fits the situation.
II.
Advising on international tax law
We analyze the treaty articles, domestic tax law, and the relevant international standards to give a tax law opinion consistent with the facts of the case.
III.
Organizing the facts and supporting documents
We help organize the information on the business structure, the transactions, and the related documents so that the international tax issues are clear and an approach can be set efficiently.
IV.
Explaining and supporting during an audit
We advise and support in presenting the relevant facts and law in cases under examination by Revenue Department officials.
IV.

Issues businesses often face

Common cross-border tax issues — and where each maps to

The following is an overview of the problems that businesses with cross-border transactions commonly encounter; each maps to a specific service.

i.

Uncertainty about withholding tax on outbound payments

Many businesses are unsure which payments to companies abroad are subject to withholding tax and, where a double tax agreement exists, what the conditions for a reduction or exemption are → See the DTA service

ii.

Risk from undocumented intra-group transactions

Groups with related-party transactions but no transfer pricing policy and insufficient supporting documentation are at risk of adjustments by the tax officials → See the Transfer Pricing service

iii.

Lack of evidence of tax residence when claiming treaty benefits

Residents of Thailand who want to claim double tax agreement benefits abroad usually need a Certificate of Residence as supporting evidence → See the RO Certificate service

iv.

Other international tax issues that are not yet clear

Beyond the three main services, there may be issues where it is not yet clear which service applies. You can book a consultation (Thai) for a preliminary assessment of the facts directly.

V.

Frequently asked questions

Quick answers about international tax engagements
Which businesses are international tax services suitable for?
This service is suitable for businesses whose structures or transactions are connected with other countries, such as Thai companies paying service fees or royalties to a parent company abroad, groups with cross-border related-party transactions, foreign companies with activities in Thailand, and individuals or entities that want to claim double tax agreement benefits abroad. Suitability must be assessed on the facts of each case.
How does international tax differ from domestic tax?
In its original sense, international tax refers to the provisions of double tax agreements used to relieve international double taxation. In a broader sense it covers domestic law on the foreign income of residents and on the domestic income of non-residents. The problem arises because countries apply different principles — the country of residence taxes worldwide income, while the source country taxes income arising within its territory. When both assert rights over the same income, double taxation arises.
What do the firm’s international tax services cover?
Our international tax services cover 6 main areas: analysis of the application of double tax agreements (DTA), transfer pricing, the Certificate of Residence, PE analysis, APA and MAP support, and Pillar 2 top-up tax
How do I start a consultation on an international tax issue?
You can book an appointment (Thai) for a preliminary assessment of the facts directly. Gather information on the business structure, the type of transaction, the countries involved, and the existing contract documents, so that the relevant issues can be identified and the appropriate approach analyzed correctly.
What if I am not sure which service my issue falls under?
You can contact the firm without having to specify in advance which particular service your issue relates to. A discussion to understand the business structure and the transactions involved identifies the international tax law issues and sets the appropriate approach more accurately than a conclusion drawn from preliminary information alone.
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International tax issues in your case

Analysis based on the complete facts and transaction structure from the outset sets the right approach and reduces risk effectively.

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