Tax on discount at purchase.

Discount is likely to be considered the difference between the purchase price and (i) the public offering price, or (ii) (if there is no public offering price), the average trading price of the shares during the month of purchase.

Tax on sale.

Allowed if subsidiary reimburses parent, board of directors of subsidiary approves reimbursement and subsidiary complies with exchange control requirements.

Written agreement advisable.

Income Tax:
No, unless subsidiary reimburses parent or books an expense for the equity awards on its financial statements.

Social Insurance Contributions:
No.

Securities sales report must be filed with Thai SEC within 15 days of the end of each ESPP purchase period.

Prior approval of the Bank of Thailand ("BOT") is no longer required to remit funds out of Thailand (e.g., to remit payroll deductions or to reimburse the parent company for the cost of the awards), provided that certain supporting documents are submitted to the remitting bank.

In addition, BOT approval is not required for intercompany netting, provided that the local entity submits any required supporting documents to the satisfaction of a commercial bank in Thailand.

Certain repatriation requirements apply to employees.

Generally not, but written disclaimer recommended.

Under the consolidated data protection legislation that became fully effective on 1 June 2022, a valid basis is required to collect, process and transfer personal data (among other requirements).

Consent from employees for the collection, use and transfer of data abroad is one basis that may be used. Another possible basis is that the collection, processing and transfer of personal data is necessary for the performance of the contract.