SEC, acting on behalf of the Thai Revenue Department, has asked all securities firms, custodian banks, and Thailand Securities Depository Company Limited (TSD) to report their customers' securities-transfer transactions outside the Stock Exchange of Thailand or Market for Alternative Investment for submission to the Thai Revenue Department for a database collection over capital-gain tax.
Effective Date: 16 September 2013.
Impact to investors: brokers and/or asset management companies are required to report listed securities transfer/trading transactions of investors who execute this type of transactions over-the-counter (OTC) to the Thai Revenue Department on a monthly basis. Hence, your OTC transactions would be shown in the report.
Full details:
Initially SEC requested the aforementioned organisations to submit its monthly reports on transfers of stocks, warrants, derivatives warrants, NVDR, and DR of their clients (including mutual funds and private funds) outside the stock markets for tax-collection purposes in the format specified by the Revenue Department.
However, the custodian club has just successfully convinced the SEC to exclude custodian banks from this reporting requirement, with justification being that custodian banks basically do not perform any securities trading on behalf of their clients. Hence, custodian banks would not be in a good position to identify whether a transaction is on or off the exchange.
In principle, it is the duty of the transferor or the transferee to pay the applicable tax as the case may be. Details are as follows:
1. The securities company who initiate the securities transfer (transferor firm) for its client is responsible for reporting all such transactions to the Thai Revenue Department.
2. Submit monthly reports to the Thai Revenue Department within 15 days of the following month in MS-Excel file format, or in compact-disc format if the file size exceeds 10 megabytes via postage addressed to the Thai Revenue Department.
3. No transaction notification is also required to be submitted to the Thai Revenue Department via email in that month.
4. Submit reports for all cross-trade between mutual or private funds.
Furthermore, for private funds, the investors may be liable for tax arising from cross-trade transactions.