Category: News

Sumet Mingmolmolmitr (Senior Partner) 

Companies in Thailand are encouraged to support their employees in pursuing higher education or other training programmes. Such initiatives not only enhance employees’ skills but also strengthen the company’s long-term growth and profitability.

To promote this, the Revenue Department issued Order No. 122/2545, Re: Exemption of Income Tax Calculated from the Net Profit of Companies or Registered Partnerships Operating Businesses as Educational Institutions and Training Centres for Enhancing Employees’ Skills, and from Expenses on Education Purposes Made by Companies or Registered Partnerships dated 27 December 2002.

Deductible Expenses

Under this order, companies may fully deduct expenses incurred in supporting employees who:

1. pursue further studies or training at public institutions or centres domestically or internationally;
2. pursue further studies or training at private institutions or centres domestically or internationally; or

• participate in in-house-training sessions organised by the company itself or by an external service provider.

These expenses are not considered prohibited under Section 65 Ter (13) of the Thai Revenue Code. To qualify for the deduction, however, the company must be able to demonstrate that the expenses were incurred for the company’s benefit, and the supported employees are required to return to work for the company.

Additional Tax Incentive

In addition, companies that provides financial support for employees to study or train at:

1. government-established institutions or training centres, or
2. institutions announced by the Ministry of Finance in the Royal Gazette,

are also eligible to fully claim a tax exemption on its income equal to the amount paid for the employees’ education or training. This incentive is granted under the Royal Decree issued pursuant to the Revenue Code Governing the Exemption from Revenue Taxes (No. 437) dated 15 October 2005.

These provisions highlight the Thai government’s commitment to encouraging workforce development while offering companies meaningful tax relief. To further navigate the rules and maximize available benefits, companies are encouraged to consult with a qualified tax counsel.

Blumenthal Richter & Sumet is pleased to share that four of its Partners have been recognized across two practice areas in the 35th edition of the IFLR1000, the guide to the world’s leading financial and corporate law firms.

In the Corporate/M&A practice, the firm has been ranked as a Recommended Firm, with the following Partners individually recognized:

• Andreas Richter, Senior Partner and Head of the Corporate/M&A Practice, was ranked for the second consecutive year as a Highly Regarded Individual, a distinction reserved for lawyers with a proven track record advising on complex and high-value transactions, acknowledged by clients and peers alike.
• Stefan Riedl, Partner, was recognized as a Notable Practitioner in M&A, highlighting his experience in contract drafting, transaction structuring, and dispute resolution arising from corporate deals.
• Ekkarat Ritthiplang, Partner, who was promoted to the partnership in 2024, was named a Rising Star Partner, reflecting his growing market profile and deep experience in Board of Investment matters and coordination with Thai government agencies.

In the Projects & Energy practice, Blumenthal Richter & Sumet was once again ranked as a Notable Firm. Ira Blumenthal, Senior Partner, was also recognized for the second consecutive year as a Notable Practitioner, underscoring the firm’s continued strength in complex energy and infrastructure mandates.

The IFLR1000 is a leading international legal directory relied upon by in-house counsel and business leaders to identify top legal talent. With its focus on transactional practices and its assessment of firms based on deal complexity, innovation, and market impact, these results reaffirm Blumenthal Richter & Sumet’s consistent standing as a trusted advisor in high-stakes, business-critical transactions.

Andreas Richter (Senior Partner) 

Overview

Thailand will establish a 50-member special task force in October 2025 to address the expected surge in certificates of origin required under new U.S. trade rules. The initiative comes as U.S. authorities step up scrutiny of Southeast Asian exports, particularly to prevent transshipment—including the re-routing of Chinese sourced goods through third countries without adding value to avoid higher tariffs.

Key Developments

• Certificate Surge
  Thailand anticipates a dramatic increase in certificate of origin requests, rising from approximately 70,000 per year to several million.
• Tariff Discrepancies
  While general tariffs on Thai exports to the U.S. have been adjusted downward to around 19% (from an earlier proposal of 36%), goods suspected of improper origin could face duties as high as 40%.
• Trade Complexity
  The forthcoming U.S. measures will introduce stricter regional value-content requirements, require more extensive documentation, and intensify cost and origin verification. These rules remain under negotiation but signal a far more rigorous compliance environment.
• Thailand’s Trade Profile
  In 2024, Thailand exported roughly USD 55 billion worth of goods to the U.S. while importing about USD 80 billion in goods from China—highlighting its position as a regional manufacturing hub heavily exposed to shifts in global supply chains.
• Business Concerns
  Local industry leaders caution that the increased documentation and compliance burden could slow shipments and raise costs for exporters.

What This Means for Businesses

Understanding “Transshipment” in International Trade

Definition:
Transshipment is the transfer of goods through an intermediate country before reaching the final destination. In logistics, it may involve changing vessels, shifting transport modes, or using hub ports to consolidate shipments.

Legitimate Uses:

• Consolidating or breaking down shipments at a hub.
• Switching modes of transport (e.g., ship to truck).
• Routing through major hubs to reach remote markets.

Compliance Concerns:
In trade enforcement, transshipment also refers to routing goods through a third country with little or no substantial transformation to misrepresent their true origin. This practice is often used to bypass tariffs or quota restrictions.

U.S. trade authorities now treat such practices as high-risk for tariff evasion, triggering higher duties and intensified enforcement. Countries such as Thailand are under pressure to tighten customs oversight, enforce strict origin verification, and prevent misuse of transshipment channels.

Conclusion

Thailand’s decision to form a dedicated task force reflects the urgency of adapting to rapidly changing U.S. trade policies. Exporters and supply chain operators should act now to:

• Strengthen compliance systems.
• Reconsider sourcing strategies.
• Prepare for detailed rules-of-origin verification.

Proactive steps today will help businesses safeguard market access and avoid costly disruptions as enforcement intensifies.

Blumenthal Richter & Sumet (BRS) is proud to announce that the firm’s  Tax and Customs Practice has been shortlisted for Tax Disputes Firm of the Year for the third time and Thailand Tax Firm of the Year for the second time at the International Tax Review Asia-Pacific Tax Awards 2025.

In a sector traditionally dominated by large international law firms, BRS distinguishes itself as one of the only independent Thai firms to be shortlisted in both categories. This recognition affirms the firm’s ability to perform at a level commensurate with leading global practices, underscoring its strength in delivering technically sophisticated and commercially pragmatic tax solutions. BRS’s continued presence on these highly competitive shortlists reflects its growing stature in complex, cross-border, and high-stakes tax matters.

“This recognition underscores the depth of our technical expertise and the trust our clients place in us,” said Sumet Mingmongkolmitr, Senior Partner and the firm’s Head of Tax and Customs. “It’s a privilege to work alongside such a talented team, and we remain committed to delivering tax solutions that are not only rigorous but also commercially sound.”

BRS continues to advise leading Thai and multinational clients on tax audits, disputes, transfer pricing, and strategic tax planning, combining deep local knowledge with global standards of practice.

Leading independent international law firm Blumenthal Richter & Sumet (BRS) has expanded its regional platform with the acquisition of law practice Legal ASEAN. This move further strengthens the firm’s capabilities in cross-border investments, real estate, foreign direct investment and regional legal consultancy across Southeast Asia.

Legal ASEAN’s founder, Mark D’Alelio, joins BRS as a Partner, bringing with him over two decades of legal practice with multinational law firms  in Thailand, Vietnam, and Myanmar.

Mark is widely recognized for his strategic counsel to international and Thai clients on market entry, real estate development, foreign direct investment (FDI), and cross-border structuring. In adding his extensive experience across a variety of matters throughout Southeast Asia, Mark brings deep regional insights that complement and reinforce BRS’s existing strengths.

Mark’s practice additionally covers dispute resolution, with Mark having managed complex real estate and labor disputes, and represented clients before Thailand’s Department of Special Investigations (DSI). His work further spans across corporate, Board of Investment (BOI) promotion attainment, market entry advisory in the IT and technology sectors, and management agreement structuring between Thai developers and major international hotel brands. Known for his commercial approach, Mark remains dedicated to delivering practical solutions grounded in local knowledge and responsive to the evolving needs of global businesses.

Mark’s team—comprising Senior Associates Sasathorn Dharakasem and Teerapun Jiamton, Associates Sireethorn Ruksachart, Pranchalee Maneerat, and Pitchayapa Rungrueng, along with dedicated support staff—has also joined BRS as part of the acquisition. The team’s addition effectively enhances the firm’s service capacity and regional practice depth, while simultaneously contributing to the firm’s rapidly growing practice.

Reflecting on the move, Mark commented:

“Joining BRS will enable me to offer my existing clients an even broader range of legal services, including access to the firm’s in-house dispute resolution, intellectual property, and tax & customs teams. Clients will also benefit from BRS’s dedicated Japan Desk and China Desk, further enhancing the regional support we can provide.”

Echoing this strategic perspective, BRS Senior Partner and Head of Real Estate Robert Schuler remarked:

“Mark’s extensive experience across Southeast Asia aligns with BRS’s long-term strategic vision to grow our regional capabilities and deepen support for clients investing and operating in ASEAN markets.”

“The leadership at BRS sees this acquisition as a unique opportunity to further strengthen our offering to both domestic and international clients. We are pleased to welcome Mark and his team, and look forward to combining our expertise to better serve businesses navigating Thailand and the wider region, particularly in the real estate sector.”

Two Associates from Blumenthal Richter & Sumet (BRS)’s Litigation & Dispute Resolution practice group recently contributed their time and insights to local educational initiatives aimed at inspiring the next generation of legal professionals.

Theeparan Jarumetheechon participated in Brand World Camp, an event sponsored by the popular health beverage BRAND’S designed to help high school students better understand different academic disciplines and career options, providing first-hand perspectives on the study of law and the realities of life as a lawyer. During the session, Theeparan spoke candidly about the rewards and challenges of working at an international law firm, maintaining client relationships, and appearing before the courts.

Meanwhile, Thunchanok Noichin joined the Year 9 & Year 10 Career Fair 2025 at Denla British School. The event provided students with the opportunity to hear directly from professionals across diverse industries. Through panel discussions and informal conversations, Thunchanok offered students a glimpse into the daily responsibilities of a legal practitioner and the skills necessary for a successful legal career.

Both Associates highlighted the importance of mentorship and sharing real-world experiences to encourage and guide students considering a future in law. Their participation reflects BRS’s ongoing commitment to supporting educational outreach and fostering interest in the legal profession among Thailand’s youth.

Sumet Mingmongkolmitr (Senior Partner) and Sataporn Samanyaporn (Associate)

 Thailand’s Revenue Department is in the process of drafting legislation to amend tax rules for foreign income remitted to Thailand. The proposed amendment aims to reduce the tax burden on Thai tax residents who bring foreign income into Thailand, with the broader objective of encouraging the repatriation of overseas earnings and stimulating the domestic economy.

Panuwat Luengwilai, Deputy Director-General of the Revenue Department, recently outlined the upcoming amendment to Thailand’s tax laws, which could provide significant relief to Thai tax residents. Under the proposed changes, Thai tax residents who remit foreign income into Thailand within the same calendar year in which it is earned, or in the following year, would be exempt from personal income tax on those earnings.

For example, if a Thai tax resident earns foreign income in 2025 and brings it into Thailand in either 2025 or 2026, that income would not be subject to Thai personal income tax.

If enacted, the amendment would overturn the current Thai tax rule that took effect on 1 January 2024. Under the current rule, any foreign income earned from that date onwards is subject to Thai personal income tax if it is brought into Thailand, regardless of the year it is remitted.

Although the proposed tax exemption remains in draft form and has not yet been officially enacted, Thai tax residents with foreign income should stay informed of any future developments from the Revenue Department to ensure proper tax planning for their overseas earnings.

Blumenthal Richter & Sumet’s tax team will continue to monitor developments on this issue and provide updates on any changes to Thai tax laws. For additional advice or questions regarding foreign income taxation, please feel free to contact our team for tailored guidance.