The activities proposed by us apply with scenario 1 stated in our email to Khun Anantaya dated 8 January 2016 which activities do not need foreign business licence i.e. HAS-TH provides payroll services to Hitachi Group or hires outsourcing company to provide payroll service to Hitachi Group, provided that there will not have any separate agreement between Hitachi Group and outsourcing company or payment by Hitachi Group directly to subcontractor.
In case you wish to delete the activities in items nos. 2-4 as proposed by us, it is acceptable, however, please make sure that there will not be the process between Hitachi Group and outsourcing company as stated above since the said process will cause HAS-TH to be considered as providing “broker service” between them which is subject to foreign business licence.
In addition, due to the transfer pricing issue, the quantity of service should be reasonable and in line with the amount of service fee to avoid the tax assessment.