The new BOI Investment Promotion Guide (2026) and the most recent BOI regulatory updates

The Thailand Board of Investment (“BOI”) has published its 2026 Investment Promotion Guide (“2026 Guide”), reflecting recent developments in Thailand’s investment promotion framework and related BOI regulatory measures.[1]

The 2026 Guide does not introduce a fundamental restructuring of Thailand’s investment promotion regime. Instead, it maintains the policy direction set out in the 2023–2027 Investment Promotion Strategy, which focuses on investments that support Thailand’s “new economy” by promoting technology, innovation, competitiveness, sustainability, and the creation of local value. The publication serves as a timely reminder for investors and BOI-promoted companies to review the 2026 Guide and other recent BOI updates that have taken effect.

The 2026 Guide incorporates a new incentive introduced under BOI Announcement No. 6/2568 to promote the local manufacture of parts for the electric vehicle and electrical appliance industries.

This measure aims to strengthen domestic supply chains, boost the use of locally sourced materials, and reduce reliance on imported components. Eligible activities include the manufacture of:

• battery electric vehicles;
• plug-in hybrid electric vehicles;
• battery electric buses and trucks;
• electric vehicle equipment; and
• electrical appliances and smart electronics.

To qualify, projects must meet local content requirements and obtain the “Made in Thailand” certification from the Federation of Thai Industries. Under the promotion scheme, eligible projects may receive a 50% reduction in corporate income tax on net profits derived from the promoted activity for two years after the end of the original corporate income tax exemption period.

The 2026 Guide introduces a revised BOI framework for promoting data centre projects. While the 2025 Guide contained a single category for “Data Centre” (Activity 8.2.1), the 2026 Guide separates data centre activities into two categories:

• high-energy-efficiency data centres (Activity 8.2.1.1); and
• other data centres (Activity 8.2.1.2).

Both categories are subject to enhanced technical and compliance requirements, including, but not limited to:

• a minimum IT load power capacity of 2 MW;
• obtaining ISO/IEC 27001 (Data Centre) certification prior to exercising corporate income tax exemption;
• establishing a water management plan;
• submission and implementation of a Thailand-benefit plan; and
• reaching at least 50% Thai management and/or expert personnel within three years.

Additional requirements apply for high-energy-efficiency data centres (Activity 8.2.1.1), including a Power Usage Effectiveness (“PUE”) ratio of no more than 1.3 (i.e., the total energy consumption of the facility must not exceed 1.3 times the energy consumption of the IT equipment) in order to qualify for corporate income tax exemption.

The BOI has tightened the rules on foreign staff and the workforce for promoted companies under Announcement No. Por. 8/2568. These rules have taken effect on 1 October 2025 for promotion certificates issued on or after 5 June 2025, and on 1 January 2026 for certificates issued prior to 5 June 2025.

Key compliance points include:

• Minimum monthly salary thresholds for foreign personnel:
  • THB 150,000 for executive-level positions;
  • THB 50,000–75,000 for many management, engineer and IT specialist roles, depending on qualifications;
  • THB 50,000 for operation-level positions; and
  • THB 35,000 for certain workstation-based operator roles.
• Thai workforce ratio for manufacturing projects:
  • manufacturing companies with more than 100 employees must maintain at least 70% Thai personnel in total employment;
  • the ratio generally does not apply to manufacturing companies with 100 or fewer employees, service activities, or foreign staff approved for stays of up to six months.
• Documentation and renewal requirements:
  • employment contracts, employment-related tax documentation and social security contribution records will play a greater role in BOI applications and renewals.

The BOI has replaced the previous requirement for semi-annual progress reports with quarterly submissions on the progress of promoted projects during the implementation phase.

These reports must be submitted via the BOI's e-Monitoring system within 60 days of the end of each quarter. Although the reporting requirements have not changed significantly, the increased frequency enables the BOI to monitor project implementation more closely. Failure to fulfil reporting obligations may affect the continuation of BOI privileges.

Should you have any questions regarding the recent BOI updates and their implications for your investment projects or your business in Thailand, please do not hesitate to contact us by email at thailand@luther-services.com or by telephone at +66 2210 0036.

We are also happy to assist with corporate compliance matters, including accounting, payroll, company secretarial services, and tax compliance, as well as general legal and tax advice.