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Is Stamp Duty Payable on a Hotel Management Agreement? Who is liable to pay?

Yes, such an agreement is a ‘hire of work’ agreement and therefore is governed by the Revenue Code of Thailand which contains a schedule of rates relating to applicable stamp duty.

Item 4. of the Schedule ‘Hire of Work’ denotes the rate as 1THB out of every 1000THB of remuneration prescribed.

On many Hotel Management Agreements, the rate of the payments for the hire of works will fluctuate from year to year over long periods of time, such as 15 or more years.

Therefore, an estimate of the amount payable based on a percentage over the term would be paid in advance. Communications directly with the Revenue Department, and a presentation of the Hotel Management Agreement are necessary to establish the applicable charges based on the applicable rate.

The party which has to pay is the ‘contractor’ that is the party employed by the employer. Therefore, in a hotel management agreement, it is the manager that is liable for the application of stamp duty.

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