Thailand Pillar Two: filing obligations, DAC9 and penalties
TGS Innovised — De Voorwaarts
Updated: 30 September 2026
- Since 2025, Thailand has levied its own 15% global minimum tax (Pillar Two), with separate notifications and returns for the Thai company.
- In Thailand, all deadlines fall on one day: 15 months after the group’s fiscal year end, or 18 months in the first year.
- DAC9 only applies within the EU, so a filing in the Netherlands does not automatically cover Thailand.
- Late or incorrect? Expect a penalty of 100% or 200% plus a surcharge of 1.5% per month.
Since 2025, Thailand has levied its own 15% global minimum tax (Pillar Two). If your group has a Thai company, that company must make its own Thailand Pillar Two notifications and returns, even if the Pillar Two information return is already filed in the Netherlands or elsewhere in the EU. This is because the EU directive DAC9 does not extend to Thailand. And anyone who files late or incorrectly faces substantial Thai penalties and a surcharge of 1.5% per month. This article explains what you need to do in Thailand, when, and what it costs if things go wrong.
Who is subject to Pillar Two in Thailand?
Groups with consolidated revenue of at least € 750 million in at least two of the four preceding fiscal years, with one or more companies or permanent establishments in Thailand. The location of the parent company does not matter.
What does Thailand levy under Pillar Two?
The Emergency Decree on Top-up Tax B.E. 2567 applies to fiscal years beginning on or after 1 January 2025. It contains a domestic top-up tax on low-taxed Thai profits, an income inclusion rule (IIR) for Thai parent companies and an undertaxed profits rule (UTPR). For most foreign groups, the domestic top-up tax is the most relevant element. In practice, it mainly affects companies with a BOI tax exemption; see our article “BOI exemption and Pillar Two”.
Pillar Two obligations in Thailand
| Obligation | What is it? | Who? | Deadline |
|---|---|---|---|
| Notification (section 54) | Notification to the Thai tax authority (Revenue Department) of the group, the parent company and the entity filing the GloBE Information Return (GIR). | Each Thai group entity; one entity may notify on behalf of the others | 15 months after the group’s fiscal year end; 18 months in the first year |
| GloBE Information Return (GIR) | The same information return as the Dutch top-up tax information return (BIA). | The Thai entity, unless the GIR has been filed in a jurisdiction that has a qualifying exchange agreement with Thailand in effect for that fiscal year | Same |
| Top-up tax return and payment (section 57) | Filing and payment of the Thai top-up tax, in baht. | The Thai group entities; they may designate one of them, but remain jointly liable | Same; payment in instalments over three months is possible |
Unlike in the Netherlands, where the Dutch minimum tax return (in Dutch) is due two months after the BIA, all Thai deadlines fall on the same day.
Deadlines in practice
The deadlines depend on the fiscal year of the group, not that of the Thai company. Many Thai companies use the calendar year, whereas Indian and Japanese groups, for example, use an April–March year.
| Group fiscal year | First or subsequent year | Deadline in Thailand |
|---|---|---|
| Calendar year 2025 | First year (18 months) | 30 June 2027 |
| Calendar year 2026 | Subsequent year (15 months) | 31 March 2028 |
| April 2025 – March 2026 | First year (18 months) | 30 September 2027 |
| April 2026 – March 2027 | Subsequent year (15 months) | 30 June 2028 |
DAC9 and Thailand: why the EU filing is not enough
Under DAC9 (Directive (EU) 2025/872), a group can file the information return once in an EU member state, after which the member states share the data (see “DAC9 in plain language”). The Netherlands has incorporated DAC9 into its Minimum Tax Act 2024 (Wet minimumbelasting 2024) with retroactive effect from 1 January 2026. Thailand is not an EU member state and is therefore outside its scope. Exchange with Thailand takes place under the OECD multilateral agreement, the GloBE MCAA.
- The Thai cabinet approved participation on 16 June 2026. Thailand has since signed the agreement; the OECD has listed Thailand as a signatory since September 2026.
- Thailand expects the first exchange in December 2027.
- Exchange only works if both jurisdictions have activated their relationship under the agreement. Check this for the jurisdiction where your group files the GIR.
Thai penalties and surcharges
Thailand follows the strict penalty regime of the Thai Revenue Code. Based on the available publications, the following applies to the top-up tax:
| Breach | Sanction |
|---|---|
| Incorrect GIR or top-up tax return | Penalty of 100% of the tax shortfall |
| GIR or top-up tax return not filed | Penalty of 200% of the tax shortfall |
| Late payment | Surcharge of 1.5% per month (or part of a month) on the outstanding amount, capped at 100% of that amount |
The surcharge of 1.5% per month amounts to 18% per year. That is much higher than Dutch tax interest. In the Netherlands, the Dutch Tax and Customs Administration (Belastingdienst) will not impose late-filing penalties until 31 October 2026 (in Dutch) for late filing or payment of the minimum tax. As far as we are aware, Thailand has no comparable general relief.
Worked example
A Thai manufacturing subsidiary owes THB 4 million in top-up tax (approximately € 105,000).
- Return filed on time, payment 6 months late: surcharge 6 × 1.5% = 9%, so THB 360,000.
- Return not filed: 200% penalty, so THB 8 million, plus the surcharge on the top-up tax due.
Simplified example; in practice, the Thai Revenue Department may reduce the penalty subject to conditions.
The publications we have seen do not mention separate fixed penalties for the notification. A missing notification may, however, mean that the Thai entity cannot rely on central filing and must therefore file the GIR itself. Check the current implementing rules with your Thai adviser.
What Thai Pillar Two means for your business
- Even with zero top-up tax, the notification and (probably in the first year) the GIR are required. A safe harbour election is made in the GIR itself.
- One dataset. The Thai GIR, the Dutch or other EU information return, the country-by-country report, the Thai financial statements, the BOI reporting and the transfer pricing documentation must all reconcile. Differences lead to questions, and once exchange starts in 2027, several tax authorities will see the same data.
- Group figures, not Thai figures. The calculation is based on the group’s fiscal year and figures. Document the reconciliation with the Thai financial statements.
- Payment in baht. Allow for currency risk and the option of paying in instalments in your planning.
- Financial statements. Recognise the Thai top-up tax as current income tax (TAS 12 / IAS 12), without deferred taxes for Pillar Two, and disclose it separately.
Thailand Pillar Two checklist
- Determine the first Thai Pillar Two year based on the group’s fiscal year.
- Determine the Thai deadline (18 months for the first year, 15 months thereafter).
- Designate the Thai entity that will make the notification and pay the top-up tax.
- Check whether the GloBE MCAA between Thailand and your filing jurisdiction will be effective in time; if not, plan a local GIR.
- Test the safe harbours and the GloBE loss election for Thailand.
- Reconcile the Thai figures with the group reporting package, the country-by-country report and the BOI reporting.
- Plan the payment in baht and avoid the 1.5% monthly surcharge.
- Account for the top-up tax in the Thai and the group financial statements.
Our tip
Treat Thailand as a separate jurisdiction in your Pillar Two calendar, with its own deadlines and its own obligations. Do not assume that a filing in the Netherlands or elsewhere in the EU is sufficient. Decide early who will make the notification in Thailand, who will pay the top-up tax and whether the GIR must be filed locally. The Thai penalties are so high that a missed deadline can easily cost more than the top-up tax itself.
Frequently asked questions about Thailand Pillar Two
When are Thailand Pillar Two filings due?
Does a Pillar Two filing in the Netherlands cover Thailand?
What are the penalties for Thailand’s top-up tax?
Advice on Pillar Two in Thailand?
Read our related articles “Pillar Two and DAC9: which returns and notifications does your group need to file?”, “BOI exemption and Pillar Two” and “DAC9 in plain language”. Or contact our international tax specialists. Together with our partners in Thailand, we handle both the Dutch and the Thai side.