BOI vs Amity Treaty for foreign-owned business
Quick answer
BOI promotion is available to activities listed in the promoted-activities schedule and grants foreign shareholding and other benefits under the certificate's conditions. Amity is a nationality-based right for US shareholders, broad but with reserved sectors. The deciding factors are shareholder nationality and activity type — not investment size alone.
Side-by-side facts
| Aspect | BOI investment promotion | Thai–US Treaty of Amity |
|---|---|---|
| Who qualifies | Any nationality, if the activity is on the promoted list | US-national shareholders under the treaty |
| Activity scope | Limited to BOI's published activity schedule | Broader, but reserved sectors remain excluded |
| Tax benefits | Possible exemptions or reductions per activity and certificate conditions | The treaty itself confers no tax privileges |
| Documentation | Business plan, investment structure, and post-certificate reporting | Shareholder nationality evidence and legalized corporate documents |
| Ongoing burden | Periodic reporting under the promotion certificate | Maintain the shareholders' qualifying nationality at all times |
| Foreign hiring | Dedicated channels for promoted projects | Standard Department of Employment and Immigration channels |
Choose BOI investment promotion when
- The activity is on BOI's promoted list — manufacturing, digital, or targeted services
- You need a structure that supports expansion and bringing in specialists
- You can sustain a business plan and ongoing reporting
Choose Thai–US Treaty of Amity when
- US shareholders and an activity outside the reserved list
- A service or trading business that does not fit the promoted schedule
- You want a simpler structure and a faster start
Documents to prepare
- Company affidavit and shareholder list
- Passports and nationality evidence of shareholders
- Business plan, financial projections, and investment structure
- Lease or evidence of the place of business
- Parent-company documents, legalized through the correct chain
Step by step
1. Eligibility screen
Map the actual activity against the promoted list and the reserved list before fixing a structure.
Typical duration: 3–5 business days
2. Design the shareholding
Set ratios and holding layers consistent with the chosen route and the Foreign Business Act.
Typical duration: 1–2 weeks
3. Prepare and legalize foreign documents
Parent-company documents must pass the correct legalization chain before use in Thailand.
Typical duration: Varies by country of origin
4. File and respond to queries
File with the business plan and be ready to answer the officer's questions.
Typical duration: Varies with queue and file completeness
5. Post-approval compliance
Set up accounting, tax, and reporting to match the conditions from month one.
Typical duration: Ongoing
What usually goes wrong
- Drafting company objectives so broadly that they touch a reserved activity.
- Using nominee Thai shareholders to dodge limits — unlawful and penalized.
- Filing a plan whose numbers do not reconcile with the financials you will later file.
- Neglecting post-approval reporting and jeopardizing the granted status.
Why an adviser beats a template
We do not just file forms. We start with your three-year plan, because a structure that clears today but blocks next year's fundraising costs far more than any fee. Our advisors stay on after approval — accounting, tax, and condition reporting included.
Frequently asked questions
Does Amity give tax breaks?
The Treaty of Amity concerns business and shareholding rights for US nationals, not taxation. Tax privileges are a separate regime under Thai tax law or BOI conditions.
Can a company hold both?
In practice you must delineate which activity sits under which right, since conditions and reporting differ. Design it upfront rather than retrofitting.
How long does it take?
Timing depends on file completeness, the agency queue, and the number of query rounds. We give a range after reviewing your actual documents and update at every status change.
What if the US shareholder sells to a non-US party?
Amity rights track nationality; a share transfer can affect status immediately. Plan before the transaction and check the knock-on effect on other licences.
Official sources
Not sure which route fits your case?
Call +66-92-017-0000, email contact@tla.co.th, or message us on LINE. Monday to Saturday, 09:00–18:00 Bangkok time, in English or Thai.