Hi Eliot -
I will.make this simple. We are not competent in international taxation. I am not interested in having Indo-Siam provide accounting support to a business with significant overseas remittances for services.
So - you need to find another accounting services provider for 2016. We can still take care of your company's Tax Year 2015 financial close and audit.
This is no reflection on you or your business. We are not a primary accounting company - we mainly provide "incubator" support to new companies - and many customers later "outgrow" our level if expertise.
We will also happily continue supporting you for all other services - for which we are primary experts.
Good luck! And Happy New Year!!
Best regards,
Steve
On Monday, December 28, 2015, Eliot Delunas wrote:
Hi Steve,
I hope you had a great Christmas, and best wishes in the New Year.
We need to clarify the information you provided about remitting funds overseas for foreign sellers through our website so that we can complete site development and our service agreement documents. We expect to do our transactions according to the law, and without any complicated work-arounds.
You previously mentioned it was not possible to pay overseas sellers without 15% withholding (if money is leaving Thailand). I consulted with a PWC Thai tax specialist, and their explanation was different. Please read below:
seller = clients that are selling through our website
buyer = seller's customers that purchase retail goods/products from the sellers
our website = collection agent providing services to the seller
- The website is a service provider that provides collection services for sellers (foreign or local) wishing to sell goods through the website for a service fee, but holds no retail or other inventory
- Funds collected by the website on behalf of sellers should be recorded as deferred income (accounts payable)
- Tax invoices should be issued to the seller for service fees that are withheld at source from collected revenue upon settlement
- Services fees can then be recorded as income upon settlement of deferred funds
- Funds collected on behalf of the seller are defined as assessable income under Income Tax Section 40(8)
- Under Income Tax Section 70, assessable income under Income Tax Section 40(8) is NOT subject to withholding tax
- For business persons residing abroad carrying out the sale of goods in Thailand without registering for VAT according to Section 85/3, the PAYER is liable to self-assess VAT under VAT Section 83/6
- The payer is defined as the person paying for goods or services (buyer), not the collection agent
I understand separately that there is a 10-15% Income Tax for foreign companies that are registered in Thailand and wish to remit profits overseas from a branch office to a headquarters. This is not the case for our transactions since we are not a local branch of any foreign organization, nor are our transactions related to our profits.
If 15% withholding taxes are required, can you please clarify or reference revenue code that requires those withholdings for a seller through our site and wishing to receive overseas settlement for the money we collect on their behalf? Our tax consultant could not confirm this requirement.
Thank you,