Government and Regulatory

Regulatory Challenges Navigation: Practical Solutions and Public Policy Reform

Our Government and Regulatory practice assists clients through intricated Thai regulatory regime.

We provide assistance to both the public and private clients. We have assisted clients for the government’s internal compliances and governance including the laws relating to public investments, laws incorporating state enterprises, and laws relating to state fiscal and financial discipline. We also assisted clients relating to legal compliances for businesses across various sectors including aviation, mass transportation, retail, healthcare, infrastructure, construction, and consumer products. Our expertise also shines when the two interact. Our unique insights ensure due compliance to all involved parties.

Our team had prior experience dealing with the amendment of the laws relating to public private partnership. Our leading partner, Jirapat Thammavarucupt, was also active during the drafting stage for the latest public private partnership related laws including the Public-Private Partnership Act 2019 (B.E. 2562) and Eastern Special Development Zone Act 2018 (B.E. 2561). We are therefore the go to team to push through project and public infrastructure development.

Key Highlight Matters

Establishment of a Free Trade Zone with Tax-Free Consumption Benefits

Representation of the first and largest Airport Concessionaire in Thailand on the planning and regulatory framework for Thailand’s first free trade zone, supporting the development of the THB 300 billion (USD 9.1 billion) Eastern Airport City. This free trade zone allows participating businesses—such as automotive, food and beverage, auction houses, and antique procurement and storage—to operate as if they are outside Thailand for customs and tax purposes. Importation and consumption within the zone are exempt from taxes and tariffs, significantly reducing consumption costs and attracting visitors and investors.

Legal Support for Reduction of Transaction related taxes and Costs

Representation of a project company of a leading real estate conglomerate in connection in providing comprehensive legal advice on navigating relevant regulations. Crafted a legal and negotiation strategy to secure reductions in Stamp Duty, Specific Business Tax, Land and Building Tax, as well as Land Transfer and Lease Registration Fees. These reforms are aimed at lowering overall development costs, thereby boosting competitiveness and facilitating large-scale luxury hotel, villa, resort, and serviced residence projects.

Establishment of Thailand’s First 24-Hour Entertainment Venue

Representation of a prominent hospitality and lifestyle conglomerate to develop Thailand’s first fully operational 24-hour entertainment venue. This included a detailed review of applicable laws and regulations, followed by negotiations to amend restrictions on operating hours and sale of alcoholic beverages. The project aims to create a vibrant, round-the-clock entertainment hub, supporting live music, micro-breweries, concert venues, and festivals, fostering tourism and local entertainment industries.

Negotiation of a Customized Corporate Income Tax Reduction Scheme

Representation of the one of the largest of property and infrastructure developers in Thailand in designing and negotiating a novel corporate income tax reduction scheme tailored for the Eastern Airport City project. The scheme incorporates incentives for both capital expenditure (capex) and operational expenditure (opex) investments, as well as consumer spending. This dual-benefit approach reduces the overall cost burden for investors and stimulates economic activity by encouraging spending within the development.

Development of Tax-Free Shopping Complex

Representation of a leading hospitality and lifestyle conglomerate on establishing duty-free shopping malls, leveraging custom regulatory frameworks. Structured schemes for annual duty-free allowances for inbound travelers and implemented an e-receipt-like Personal Income Tax reduction scheme for retail spending. These measures aim to promote both international and domestic tourism attracting high-volume spending in Thailand.

Negotiation of Special Privileges Under the EEC Act

Representation of the first and largest airport concessionaire in Thailand in negotiations and applications for special privileges under the Eastern Economic Corridor (EEC) Act. This pioneering effort involved case-by-case negotiations to secure exemptions such as up to 15 years of corporate income tax relief and duty-free importation of machinery and equipment. As one of the earliest applications under the new scheme, our role included shaping the legal framework and negotiating the scope of eligible business operators to establish precedents for future applications. Additionally, we facilitated the expansion of targeted industry criteria to enable related businesses within the concessionaire’s ecosystem to also benefit from the EEC Act’s privileges, fostering wider economic development and investment through tailored exemptions and incentives.