New Law on Land and Building Tax

Thailand's new Land and Building Tax Act B.E. 2562 (2019) ("Act") came into force on 13 March 2019, with the collection of tax imposed on land and buildings under the Act to be enforced from 1 January 2020 onwards.

The Act revokes the House and Land Tax Act B.E. 2475 (1932) and its amendment acts, including the Local Maintenance Tax Act B.E. 2508 (1965) and its amendment acts.

According to the new provisions, a person who is an owner or possessor of land or buildings on 1 January of any year shall be liable to pay tax for such year.

Tax rates imposed on land or buildings are as follows:

1. Not exceeding 0.15% of tax base for land or building used for agriculture;
2. Not exceeding 0.3% of tax base for land or building used for dwelling;
3. Not exceeding 1.2% of tax base for land or building used for purposes other than those mentioned in (1) and (2); and
4. Not exceeding 1.2% of tax base for land or building that is desolate or not utilized as it should be..

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New Public Private Partnership Act

The Public-Private Partnership Act B.E. 2562 (2019) ("PPP Act") came into force on 11 March 2019, revoking the Private Investment in State Undertakings Act B.E. 2556 (2013). The stated purpose for the promulgation of the PPP Act is to have a clear and certain state policy in arranging infrastructure and public services by aiming for public-private joint investment on the basis of public-private partnership, and to determine mechanisms for solving problems, obstacles or delays in undertaking joint investment projects.

An agency which is a Project Owner ("Project Owner") wishing to arrange a Joint Investment Project in a business relating to the specified infrastructure and public services shall comply with the PPP Act.

A Joint Investment Project with a value of THB 5 billion or more shall proceed according to criteria, procedures and conditions prescribed in the PPP Act (which means the PPP Act lifts the value threshold from THB 1 billion prescribed in the Previous PPP Act to THB 5 billion).  Joint Investment Projects with a value less than THB 5 billion shall proceed according to criteria and procedures determined and notified by the Public-Private Partnership Policy Committee.

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New Personal Data Protection Law

On 28 February 2019, the National Legislative Assembly approved the draft Personal Data Protection Act ("draft PDPA").  The draft PDPA will be further submitted to HM the King for His Royal Signature, and then sent back to the Secretariat of the Cabinet for publication in the Royal Gazette.

The key sections of the draft PDPA are set out below:

1. Establishment of the Personal Data Protection Commission
2. Rules and requirements for the protection of personal data protection
3. Rights of the data subject
4. Process for complaints by the data subject
5. Process for complaints by the data subject 
6. Civil liability and penalties for breach of PDPA

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Anti-Circumvention Measures Introduced into New Trade Law

On 26 February 2019, the Meeting of the National Legislative Assembly ("NLA") passed a draft amendment to the Anti-Dumping and Countervailing of Foreign Products Act B.E. 2542 (1999) ("Draft Act") in order to introduce anti-circumvention measures, as well as to amend and / or add provisions to make the Draft Act more compatible with the WTO Agreement on Subsidies and Countervailing Measure and the Anti-dumping Agreement.

The Draft Act is now pending the HM the King’s signature and publication in the Royal Gazette. It will come into force 180 days from the date of publication in the Royal Gazette.

One of the key changes introduced by the Draft Act is to set out an anti-circumvention framework.  For example, in case a circumvention of anti-dumping and countervailing measure ("AD/CV measure") is found, the collection of anti-dumping duty and countervailing duty shall be extended to the importation of products circumventing the AD/CV measure at a rate not exceeding the maximum rate collected from the product subject to the AD/CV measure imposed on the exporting countries (Sections 71/2 and 71/13).

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Trade Competition Commission Releases Implementing Rules on Merger Control

Since the enactment of the Trade Competition Act B.E. 2560 (2017), the Trade Competition Commission ("Commission") has published multiple notifications clarifying the full scope of a number of its provisions. On 28 December 2018, the implementing Notifications on merger control ("Merger Control Notifications") were published and became effective the following day.

The Merger Control Notifications consist of the following Notifications of the Commission on:

1. Criteria for Considering the Acquisition of the Assets or Shares in order to Control Business Administration Policy, Superintendence or Merger Management;
2. Criteria, Procedures and Conditions for Notification of the Outcome of a Merger;
3. Criteria, Procedures and Conditions for Request for Permission and Permission to Conduct a Merger; and
4. Criteria on Being a Business Operator with Market Dominance.

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