Moreover, if the transfer of technology under a licensing agreement is
related to the purchase and importation of tangible goods, the fees
may be included in the value of the imported goods for the purpose of
assessing customs duties.
5.9 Agencies
Agency agreements are governed by the CCC. A principal is bound by
the acts of an agent acting within the scope of its actual or apparent
authority. The principal is not bound by acts undertaken outside the
scope of the agent’s authority, unless those acts are subsequently
ratified by the principal. Tax is an important consideration in an
agency arrangement. Income derived in or from Thailand by an
offshore principal as a result of an agency relationship with a person
in Thailand is usually subject to corporate income tax. The
appointment of an agent (or an “employee, representative, or go-between”)
in Thailand exposes the overseas business entity to the risk
of being deemed as “conducting business in Thailand,” with a
resulting tax burden. However, where the Thai agent does not act
solely for the overseas company, but acts as a general agent for
various companies (i.e. an independent agent), income tax liability
may not be incurred. There may also be relief effective under
applicable agreements for the avoidance of double taxation.