Board of investment

As Thailand continues to attract more foreign investors, the government has created legal frameworks to make business entry smoother while still maintaining important regulations. For many investors, the path to setting up a company can seem complicated due to restrictions on foreign ownership and sector-specific limitations.

That’s where the Thailand Board of Investment (BOI) comes in. Established to encourage and facilitate foreign investment, the BOI acts as both a gateway and a support system for businesses of all sizes whether you are a multinational manufacturer or a growing SME.

The BOI provides:

• Clear guidance for investors seeking to operate legally in Thailand.
• Incentives and privileges designed to reduce costs and increase competitiveness.
• A wide range of eligible business categories to match different industries and strategies.

Eligibility First, Registration Second

Before applying, it is essential to confirm whether your business activity is eligible under BOI promotion. Once confirmed, you have two paths forward:

1. Apply for BOI Promotion First

• • Submit your application for privileges before registering your company.
  • Recommended: This way, you secure BOI approval and avoid structuring your company in a way that might not qualify later.

2. Register the Company First

• • Incorporate your company through the Department of Business Development (DBD).
  • Then apply for BOI privileges under your company’s name.
  • This is an option, but carries the risk that BOI privileges may not be granted afterward.

At KTP Legal Advisory, we guide clients through both processes and advise on the best route based on your business model, sector, and investment strategy.

Invest in Thailand with Confidence: Your Guide to BOI Thailand

Expanding your business into Thailand offers exciting opportunities, but navigating local regulations can be complex. The Thailand Board of Investment (BOI) was established to encourage and support both Thai and foreign investors, making Thailand a hub for regional and global business.

The BOI acts as the gateway for investors seeking more than just business registration, it provides special privileges and legal advantages that are not available to ordinary companies. By obtaining BOI promotion, your company can enjoy tax incentives, 100% foreign ownership rights in many sectors, land ownership opportunities, and streamlined work permit processes for foreign employees.

For foreign investors, BOI promotion is more than a legal benefit, it is a strategic tool. It ensures that your investment is legally protected, cost-effective, and positioned for long-term growth within Thailand’s competitive market.

✅ Why choose BOI promotion?

• To maximize profitability through tax exemptions and duty reductions.
• To secure foreign ownership rights without complex nominee structures.
• To attract skilled foreign talent through simplified visa and work permit processes.
• To gain investor confidence with government-backed privileges and protections.

At KTP Legal Advisory, we help clients understand whether their business qualifies for BOI promotion and guide them through every step from preparing the application to maintaining compliance after approval.

Legal Complexity, Simplified

Choosing the right business structure in Thailand can determine how quickly you grow and how much you save. A company set up under BOI promotion does not just operate legally, it enjoys a package of privileges that remove the usual barriers faced by foreign investors.

What You Gain with BOI Promotion:

• Tax Savings that Boost Growth
  • Corporate income tax exemption or reduction for up to 8 years.
  • Exemption on import duties for machinery, equipment, and raw materials.
  • Tax deductions for infrastructure or technology-related expenses.
• Freedom of Foreign Ownership
  • Many BOI-approved activities allow up to 100% foreign ownership without the need for Thai majority shareholders.
  • This means no complicated nominee structures just full control of your business.
• Land Ownership Rights
  • Unlike normal foreign companies, BOI-promoted entities can directly own land for office, factory, or project use.
• Work Permits & Visas Made Easy
  • Access to a fast-track system for securing visas and work permits for foreign executives and specialists.
  • Centralized processes reduce waiting time and government visits.
• Financial & Operational Flexibility
  • Permission to remit profits abroad freely.
  • Access to government support programs and infrastructure.
  • Enhanced credibility with banks, partners, and clients.

Is Your Business BOI-Ready?

Not every business qualifies for BOI promotion. The BOI carefully selects activities that contribute to Thailand’s economic development, technological advancement, and sustainability goals. That means before starting the application, you must confirm whether your business activity is on the BOI’s eligible list.

Key Categories BOI Supports:

• Manufacturing & Industrial Development
  • Machinery, automotive parts, electronics, and advanced materials.
• Technology & Digital Economy
  • Software, digital platforms, IT services, and cloud solutions.
• Research, Innovation & R&D
  • Biotechnology, medical devices, food tech, and knowledge-based industries.
• Green Energy & Sustainability
  • Renewable energy, recycling projects, and environmentally friendly processes.
• Logistics & International Business
  • Distribution centers, international trading, and supply chain hubs.
• Other Targeted Sectors
  • Agriculture, food processing, creative industries, and tourism-related services.

Things to Keep in Mind

• Eligibility is Activity-Specific: BOI does not cover every sector (for example, many financial services and trading activities remain restricted).
• Separate Processes:
  • BOI Application → handled by the Board of Investment.
  • Company Registration → handled by the Department of Business Development (DBD).
• Two Application Pathways:
  • ✅ Apply for BOI first, then register your company (recommended for certainty).
  • Or register your company first, then apply for BOI privileges under its name.

From Paperwork to Promotion, We Handle It All

Step 1: Investor Account Registration

What BOI cares about: Moving toward a fully digital, paperless system, BOI requires all investors to use its online e-portal for applications, supporting documents, and even presentations. Without a registered investor account, no application can begin.

Documents you’ll need:

• Investor/company contact details
• Basic shareholder information
• Preliminary project information for account setup

Common mistakes:

• Incorrectly entered data causing login delays.
• Using generic emails instead of official company contact details.
• Forgetting to activate or verify the BOI account before application deadlines.

How KTP makes it easier:
We create and register your BOI investor account, ensure details match corporate records, and set up the system for smooth submission of applications and presentations. This prevents technical errors that could delay the start of your BOI journey.

Step 2: Application Form & Presentation Package

What BOI cares about: Each project must be clearly categorized under the correct BOI activity. BOI officers want to see not just forms, but a complete business narrative proving your investment will benefit Thailand’s economy.

Documents you’ll need:

• Completed BOI application form (matching the chosen business category)
• Business Plan
• Marketing Plan
• Investment Plan & financial forecast
• Manpower & training plan
• Milestone & project timeline checkpoints

Common mistakes:

• Misclassification of the business activity category.
• Submitting generic business plans without localized details.
• Forgetting to attach critical supporting documents.
• Underestimating manpower or technology transfer requirements.

How KTP makes it easier:
We draft, review, and organize all BOI forms and supporting presentations. Our team ensures your documents tell a compelling story that matches BOI’s evaluation criteria. If adjustments are requested, we respond quickly and efficiently to secure approval.

Step 3: Investor Presentation to the BOI Board

What BOI cares about: The BOI wants to evaluate the commitment and seriousness of the investor directly. They use this step to confirm the business’s feasibility, leadership, and long-term intent to contribute to Thailand’s economy.

Documents you’ll need:

• Approved application package
• PowerPoint or visual project presentation (if required)
• Any clarifications requested by BOI in advance

Common mistakes:

• Treating the session as a formality rather than a critical interview.
• Sending representatives without the investor present (not permitted).
• Overlooking BOI’s feedback and failing to prepare supporting data.
• Providing vague answers about job creation, investment budget, or technology transfer.

How KTP makes it easier:
While the investor must appear personally, our lawyers and advisors accompany you to prepare, present, and respond to questions effectively. We rehearse the Q&A with you, anticipate BOI concerns, and ensure your presentation aligns with the evaluation framework.

Step 4: Notification of Approval or Rejection

What BOI cares about: The review process ensures only projects that meet national development criteria are approved. BOI typically issues its decision within 30 days after the presentation.

Documents you’ll need:

• BOI notification email (approval/rejection)
• Acknowledgment of privilege form (if approved)

Common mistakes:

• Missing the 30-day deadline to acknowledge BOI privileges after approval.
• Assuming silence equals approval (official notification is required).
• Overlooking follow-up requests for clarification before final decision.

How KTP makes it easier:
We track your application status, monitor BOI deadlines, and immediately prepare acknowledgment filings. If the BOI requests further adjustments, we respond quickly to keep your application on track.

Step 5: Company Registration in Thailand

What BOI cares about: After approval, the project must be legally established as a Thai company limited to operate under BOI privileges. This ensures the entity has proper corporate governance and a registered structure.

Documents you’ll need:

• Company incorporation documents (Articles of Association, shareholder list, director details)
• Proof of bank account opening under the new company name
• Confirmation that one of the directors/shareholders is the same investor who applied for BOI promotion

Common mistakes:

• Failing to meet the minimum shareholder requirement.
• Omitting the investor from the official director/shareholder list.
• Delaying bank account opening, which is necessary for capital injection and operations.

How KTP makes it easier:
We draft all corporate documents, manage DBD registration, and coordinate with banks to ensure swift account opening. We also verify that your shareholder and director structure matches BOI requirements to avoid later complications.

Step 6: Capital Injection into the Company

What BOI cares about: The company must be properly capitalized to prove financial readiness. BOI requires that at least 25% of the registered capital is transferred into the company’s Thai bank account. The funds must come from overseas to ensure genuine foreign investment.

Documents you’ll need:

• Bank credit advice/confirmation of inward remittance
• Proof of transfer from the investor’s personal/foreign account to the company’s account
• Evidence of capital matching the registered amount

Common mistakes:

• Sending money domestically instead of from overseas.
• Transfer made by someone other than the official investor.
• Missing the requirement to remit under the company’s registered name.
• Failing to collect credit advice from the bank as proof of transfer.

How KTP makes it easier:
We coordinate with banks to ensure the capital transfer meets BOI rules, assist in preparing remittance evidence, and monitor deadlines. This prevents costly mistakes that could jeopardize your BOI approval.

Step 7: Submitting Company Documents to BOI

What BOI cares about: The BOI requires proof that your company has been legally incorporated and properly capitalized before issuing the final promotion certificate.

Documents you’ll need:

• Scanned company incorporation documents
• Bank credit advice confirming capital injection
• Shareholder list and Articles of Association

Common mistakes:

• Submitting incomplete or unclear scanned files.
• Forgetting to include bank credit advice.
• Missing the online upload deadline.

How KTP makes it easier:
We compile and upload all documents via the BOI e-portal, check formatting, and confirm receipt with BOI officers. This prevents unnecessary back-and-forth and accelerates processing.

Step 8: Collecting the BOI Certificate

What BOI cares about: Only after verifying all incorporation and capital transfer documents does the BOI issue the official Promotion Certificate, usually within 7–10 working days. This certificate is your legal key to BOI privileges.

Documents you’ll need:

• BOI email notification confirming certificate readiness
• Company or authorized representative ID for collection

Common mistakes:

• Missing the pickup window after notification.
• Sending an unauthorized representative without proper ID or power of attorney.

How KTP makes it easier:
We track the BOI’s processing timeline, receive notifications on your behalf, and either collect the certificate for you or accompany you to ensure smooth issuance.

Staying Compliant, Staying Ahead

Securing your BOI Certificate is just the beginning. To maintain your privileges, the company must comply with BOI conditions on capital, operations, and reporting. Failure to comply can lead to suspension or revocation of incentives.

Key Obligations After Approval

1. Capital & Machinery Compliance

• Import machinery and raw materials under the duty-exempt codes specified in your BOI Certificate.
• Complete capital injection according to the timeline stated.
• File evidence of machinery installation or project progress within BOI deadlines.

2. Accounting & Reporting

• Maintain BOI-linked accounting records separately from non-BOI activities.
• Submit annual BOI performance reports (covering investment, revenues, manpower, and benefits used).
• Keep clear evidence logs for tax exemptions claimed.

3. Employment & Manpower

• Hire and train staff as committed in your manpower plan.
• Report any changes in staffing or foreign expert hiring to BOI.
• Use the One Stop Service Center for visas and work permits to ensure compliance with quotas.

4. Material Changes Notification

• Any change in company structure, location, scope of activity, or machinery must be notified to BOI in advance.
• Unauthorized changes may risk losing your privileges.

5. Ongoing Inspections

• BOI officers may request site visits or evidence reviews.
• Companies must cooperate and present accurate records.

The Smart Choice for Investors

One of the first decisions foreign investors face is whether to pursue BOI promotion or register a standard company. The difference is significant in ownership, tax burden, and operational ease.

Side-by-Side Comparison

Why BOI Makes the Difference

BOI promotion doesn’t just save money, it removes barriers that normally slow down foreign investors. With BOI status, you gain flexibility, ownership control, and government-backed credibility that non-BOI companies cannot match.

We Navigate the Risks, You Focus on Growth

While BOI promotion offers significant benefits, many applications fail or privileges are later revoked due to avoidable mistakes. Understanding these risks and having expert legal support makes the difference between success and costly setbacks.

Common Challenges Investors Face

1. Misaligned Business Activity

• Applying under the wrong BOI category.
• Overlooking restrictions (e.g., financial services, trading activities).
• Result → Rejection or reduced privileges.

2. Weak Benefit Narrative

• Vague explanation of how the project supports Thailand (jobs, technology, exports).
• Failure to quantify commitments.
• Result → BOI requests multiple revisions, delaying approval.

3. Documentation & Evidence Gaps

• Missing machinery import evidence.
• Insufficient proof of capital transfer from overseas.
• Result → Suspension of privileges.

4. Post-Approval Non-Compliance

• Not filing annual reports on time.
• Making changes in shareholders, directors, or project location without BOI notice.
• Result → Revocation of privileges.

5. Visa & Work Permit Mismanagement

• Exceeding quotas for foreign staff.
• Using standard visa processes instead of BOI fast-track.
• Result → Delays, fines, or immigration issues.

Your Partner in BOI Success

Securing BOI promotion isn’t just about filing forms, it’s about strategy, precision, and long-term compliance. At KTP Legal Advisory, we go beyond paperwork to become your trusted partner throughout the BOI journey.

Our BOI Services

• Eligibility Assessment & Strategy
  We evaluate your project against BOI categories and design the optimal path to maximize privileges.
• Application Drafting & Liaison
  We prepare and refine your BOI application, align it with policy priorities, and communicate directly with BOI officers.
• Interview Coaching & Representation
  We train you for the BOI presentation, anticipate questions, and stand beside you during the interview.
• Company Registration Alignment
  We handle DBD incorporation, ensure shareholding structures comply with BOI, and manage capital injection compliance.
• Visa & Work Permit Processing
  We secure fast-track visas and work permits for foreign executives and specialists through the BOI One Stop Service Center.
• Post-Approval Compliance & Audits
  We prepare annual BOI reports, monitor deadlines, and provide compliance audits to protect your privileges long-term.

Start Today. Grow Tomorrow.

The Thailand Board of Investment (BOI) offers powerful advantages from tax exemptions and 100% foreign ownership to land rights (required specific compliance) and streamlined visas. But unlocking these privileges requires precise applications, strict compliance, and the right strategy.

That’s where KTP Legal Advisory comes in. We don’t just guide you through the BOI process  we stand beside you every step of the way, from eligibility check to certificate collection and beyond.

Whether you’re a manufacturer, tech startup, or investor in green energy, our team ensures your project is positioned for BOI approval and long-term success in Thailand.

📞 Take the first step today.
Book your free initial consultation with KTP Legal Advise.