Dear K. Florian and K. Pimmanan
May I request your urgent attention to this email. There is a pressing issue regarding VAT for the offshore and onshore payment which you are aware.
As I pointed out this concern many times to you before and during the signing day that the EPC contract should be separated to offshore and onshore agreement with separate entities, Khun Florian’s lawyer insisted that the combining of the agreement was OK and said that there should not be problem with VAT and Imported Tax.
Under Thai revenue code, our EPC contract is deemed as a ‘hire of work’ agreement where the VAT must be applied to the total amount of the hire of work agreement and the withholding tax of 3 per cent must be applied to whole amount of the contract, whether or not the contract is separated into service agreement and sale of equipment agreement. Please find attached the various rulings of the Revenue Department on the matter which confirms the same.
I also note the ruling no. กค 0706/พ./3080 which K. Pimmanan sent to Khun Sudrak. However, the ruling will only be applicable if ATC has already received the BOI certificate.
But more importantly, even if ATC has been exempted from VAT when paying for Imported Equipment by providing the BOI Certificate, it does not mean that IRR would not have to impose VAT on the Price for the Equipment Part as you will see from the answers from the Revenue in Clause 3. of such Ruling no. กค 0706/พ./3080, which says: