Hi Sherita, thanks. Do you have a copy of Singapore tax law in order to compare with Thailand tax law? The law in Thailand seems very clear in that it specifically says tax is raised "at every level", and they go on to give clear examples.
Both Singapore and Hong Kong (HK has no VAT or GST at all) are well known for their liberal, business friendly, approach to taxes. Thailand is known for its rather more draconian approach.
Sherita, hi again. I just re-analysed what I wrote below, which now doesn’t appear quite correct. Sorry, I wrote it on my tablet right after I woke up instead of waking up properly first and coming to my office!
We could invoice “through” Hong Kong, i.e. raise our ASA Thailand (ASAT) invoice to ASA South China (ASASC) – but ASAT would still have to charge VAT to ASASC – it just wouldn’t appear on the subsequent ASASC invoice to you. Presumably though ASASC would still have to attach the ASAT invoice as documentary support, so the apparent problem would still remain?
Thailand does have VAT relief on good purchased in Thailand and subsequently exported. i.e. if you purchase electronic goods such as a TV, pay the 7% VAT at the store, and then take the goods out of the country, the 7% VAT can be claimed back at the airport. These goods then of course become subject to the import laws of the country they are taken to. The same relief can be had for an aircraft that takes fuel in Thailand and then departs Thailand directly without making any further domestic stops in Thailand.
No such relief exists for services performed in Thailand by a VAT registered company where VAT, as advised, is raised “at every level” including to the overseas-based beneficiary of the service.
If we were to perform the work in Thailand but invoice that work directly from Hong Kong (where there is no VAT or GST) without first passing an invoice from ASAT to ASA SC, we would be guilty of tax evasion in Thailand – something we can’t do.
I’m not familiar with tax laws in Vietnam but can look into that for you if you’d like? We do perform services in both Vietnam and Singapore for other clients but, as we presently don’t have a tax registered office in Vietnam, we can legitimately invoice from our Hong Kong office having already paid VAT to service providers in Vietnam.
I hope that is clearer. I will still of course ask Khun Sukunya to check again and advise me further, I will get back to you again as soon as I can.