This is with regard to the BOI exemption we are claiming in Thailand for LAT and LSEA.
I want to clarify some basics of BOI exemption and how it works in Thailand.
1. Whether BOI exemption is linked to specific programs of Lear or it is linked to plants
• For example – say in LAT we have three programs – say BMW, GM & Ford (just for the sake of example) - So whether the certificate will say that BOI exemption is available to Rayong plant in total i.e. all income is eligible for BOI exemption or the certificate will be for a specific program – say BMW program – so income earned from BMW program is only eligible for BOI exemption?
2. If the BOI exemption is linked to specific programs – whether the capital investment is also required to be made for that specific program or it can be made anywhere else also?
• Continuing the earlier example - whether I have to invest in Rayong plant or whether the investment has to be for BMW program only?
3. Are there any annual compliances with regard to BOI –i.e. are we filing something with BOI authorities?
4. Do we do any audit for BOI purposes or any annual compliances – which is separate from tax return?
5. If we do file something – how do we work on numbers?
6. What are the records /documents which you are currently maintaining for BOI purposes.
Just to give you brief background for all above questions:
• For tax computation and tax return filing we need to work out BOI and Non BOI numbers for each plant
• BOI exemption eligibility is to be audited every time we claim BOI exemption (such as eligible investments, eligible programs, balance amount, number of years left, etc)
• This exercise is also critical for us to determine the Effective tax Rate for Thailand entities which we need to do before year end.
We are preparing for this year ETR exercise as well as for next year’s tax return filing. So I need to understand these issues which based on my past experience had created lots of delays.