BOI & Amity Treaty

BOI Promotion vs. US–Thai Amity Treaty: Which Structure Fits Your Business?

Two of the most common entry structures for foreign investors — each with distinct advantages, eligibility requirements, and ongoing obligations.

May 2025 · 7 min read

Two of the most common entry structures for foreign investors — each with distinct advantages, eligibility requirements, and ongoing obligations. Treating them as interchangeable is how companies end up with a structure they cannot actually use.

What BOI promotion is for

BOI-promoted status can allow foreign majority shareholding without Amity Treaty nationality, plus incentives such as land ownership rights, import duty exemptions, and corporate income tax holidays. It is activity-based: your business has to fit current promotion categories, meet investment thresholds, and accept ongoing reporting. If the activity is not on the list, promotion is not a workaround.

What the US–Thai Amity Treaty is for

Amity is nationality-based. Qualifying US nationals and entities can own a Thai company with majority American shareholding and operate in many sectors that would otherwise require Thai majority under the Foreign Business Act. It does not automatically confer BOI tax incentives, and it is not available to non-US founders.

How to choose

If you are not US-qualified, Amity is off the table and BOI is the question — eligibility, minimum investment, and whether the reporting burden is worth it versus a simpler Thai-majority company. If you are US-qualified, Amity is often the cleaner operating structure; BOI is still worth checking if the incentives materially change the investment case.

Ongoing obligations are not optional

BOI promotion comes with conditions you have to keep. Amity companies still have ordinary Thai corporate compliance — audit, tax, statutory meetings — plus any sector licences. Pick the structure for the next five years, not the next five weeks.

Common questions

Can we use both BOI and Amity?

Sometimes the facts overlap, but they solve different problems. We assess which path you actually need u2014 majority ownership, incentives, or both u2014 rather than stacking structures for their own sake.

Is BOI faster than a standard company?

Usually not. Promotion has its own application and conditions. A standard or Amity company can often be operating sooner; BOI is justified when the incentives or foreign-ownership outcome is worth the extra process.

What if we are not a US company and not BOI-eligible?

Then a Thai limited company with a lawful shareholding structure u2014 and, where needed, a Foreign Business Licence u2014 is the honest path. We will say so rather than selling a structure that will not survive scrutiny.

Ready to proceed?

Let's discuss your situation directly.

Every enquiry is reviewed personally. Share your planned structure, nationality, and timeline — and we'll give you an honest assessment of the right approach.

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