Harmful Tax Practices – 2023 Peer Review Reports on the Exchange of Information on Tax Rulings

1159. Thailand can legally issue the following type of ruling within the scope of the transparency framework: preferential regimes.1

1160. For Thailand, past rulings are any tax rulings within scope that are issued either: (i) on or after 1 January 2016 but before 1 April 2018; or (ii) on or after 1 January 2014 but before 1 January 2016, provided they were still in effect as at 1 January 2016.

1161. In the prior years’ peer review reports, it was determined that Thailand’s undertakings to identify past rulings and all potential exchange jurisdictions were sufficient to meet the minimum standard. Thailand’s undertakings in this regard remain unchanged, and therefore continue to meet the minimum standard.

1162. Thailand has met all of the ToR for the information gathering process and no recommendations are made.

1163. Thailand has the necessary domestic legal basis to exchange information spontaneously. Thailand notes that there are no legal or practical impediments that prevent the spontaneous exchange of information on rulings as contemplated in the Action 5 minimum standard.

1164. Thailand has international agreements permitting spontaneous exchange of information, including: (i) the Multilateral Convention on Mutual Administrative Assistance in Tax Matters: Amended by the 2010 Protocol (OECD/Council of Europe, 2011[2]) (“the Convention”) and (ii) bilateral agreements in force with 61 jurisdictions.2

1165. For the year in review, the timeliness of exchanges is as follows:

1166. As of 2022, Thailand has had the necessary domestic legal basis to exchange information on rulings and since then, Thailand has started the required exchanges. Out of the exchanges to be transmitted from previous years, most were processed in 2022, including all information on past rulings. Thailand notes that the remaining exchanges related to future rulings were completed in 2023. In the previous year’s peer review, Thailand was recommended to ensure that the remaining exchanges of information will be completed. As Thailand has confirmed that all the required exchanges were completed in the year of review, the recommendation can be removed.

1167. Thailand has the necessary legal basis for spontaneous exchange of information, a process for completing the templates in a timely way and has completed all exchanges. Thailand has met all of the ToR for the exchange of information process and no recommendations are made.

1168. The statistics for the year in review are as follows:

1169. In the prior years’ peer review reports, it was determined that Thailand offers an intellectual property regime3 for which no transparency requirements under the Action 5 Report (OECD, 2015[3]) were imposed.

[1] OECD (2021), BEPS Action 5 on Harmful Tax Practices - Terms of Reference and Methodology for the Conduct of the Peer Reviews of the Action 5 Transparency Framework, OECD Publishing, Paris, http://www.oecd.org/tax/beps/beps-action-5-harmful-tax-practices-peer-review-transparency-framework.pdf.

[3] OECD (2015), Countering Harmful Tax Practices More Effectively, Taking into Account Transparency and Substance, Action 5 - 2015 Final Report, OECD/G20 Base Erosion and Profit Shifting Project, OECD Publishing, Paris, https://doi.org/10.1787/9789264241190-en.

[2] OECD/Council of Europe (2011), The Multilateral Convention on Mutual Administrative Assistance in Tax Matters: Amended by the 2010 Protocol, OECD Publishing, Paris, https://doi.org/10.1787/9789264115606-en.