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SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
SUWANVARA LAWFIRM
SUWANVARA LAWFIRM
Suwanvara Law Firm Co., Ltd.
Business Law

Importing Machinery for a New Factory in Thailand: Duty Exemption, Timing and Used Equipment

Machinery is usually the largest import of a new plant, and the route it comes in on is decided before it ships. Investment promotion, free zones and ordinary import compared; the timing trap; criteria for used machinery; and what you may not do with exempt equipment afterwards.

Suwanvara Law FirmIndustrial & Investment TeamSeptember 13, 20269 min read

The route is decided before the machinery ships

For most new factories, production machinery is the largest single import of the project. The duty and tax position on it depends on which route it is imported through, and that route has to be in place before the goods arrive.

The practical rule: settle the import route before placing orders.

Three routes compared

RouteWhat it givesMain conditions
Investment promotionImport duty exemption on machinery for the promoted projectPromotion granted, machinery matches the project, imported within the permitted period, reporting
Free zoneDuty suspended on goods kept and used in the zoneLocated in a free zone, zone controls on movement in and out
Ordinary importNo special treatmentDuty and taxes paid at import

These are not exclusive. A promoted project located in a free zone may use both, depending on the goods.

1. Investment promotion: the timing trap

Machinery duty exemption is a privilege of a promoted project.

  • It applies to machinery imported after the promotion is in place, through the promotion route
  • Imports usually have to happen within a set period after the certificate
  • The machinery must match the project as promoted, including capacity and process
  • Machinery cleared as an ordinary import before that point generally cannot be brought back into the exemption

So the most expensive mistake is simple: ordering and shipping to a construction timetable, then applying for promotion afterwards.

See living with promotion after approval.

2. Used machinery

Relocating production often means relocating existing machines. Used machinery can qualify, but on conditions.

  • Under investment promotion, used machinery may qualify where it meets criteria set by current announcements, typically on age and certification by a recognised institution of efficiency, safety and environmental performance
  • Some categories of used equipment may need approval from other authorities
  • The criteria have changed over time and special measures sometimes apply to particular relocation programmes, so check the current rules for your machines before purchase or shipment

Keep a machine-by-machine file: year of manufacture, specifications, power rating, inspection certificates, and the value basis.

3. The machinery must match the factory

Machinery decides more than duty.

  • Factory class. Total machinery power is one of the facts that decides whether a plant counts as a factory and which class it falls into. A late addition to the list can move the plant into a class with different licensing. See your factory licence in Thailand.
  • Approved process. Machines for a process not in the factory licence or the promotion certificate need the licence position addressed first.
  • Building and power. Heavy or high-load machines affect floor loading, cranes and electrical capacity.

Machinery bought from a parent company or group supplier is a related-party import. The declared value should be supportable, especially for used machines, where value is easier to question. Customs can review import values after clearance. See customs post-clearance audits.

5. What you may not do with exempt machinery

Exempt machinery is tied to the project.

  • Selling or transferring it generally needs permission and may trigger duty
  • Moving it to another plant or another company in the group needs the same care
  • Leasing it out or using it for non-promoted activity creates the same problem
  • Keep records that show where each exempt machine is and what it is used for

6. Installation and commissioning

Foreign engineers who install and commission machinery are working in Thailand. Arrange work permits or a permitted route that covers the work before they travel. Supplier contracts should say who arranges and pays for this, and what happens to the schedule if permits are late.

7. Contract terms with the machinery supplier

  • Delivery terms that match your import route and timing
  • Documentation the supplier must provide for customs, promotion and licensing
  • Certification of used machines, and who pays for it
  • Installation and commissioning responsibilities, including permits for their staff
  • Acceptance testing before final payment
  • Warranty that starts at acceptance, not at shipment

Checklist before ordering

  1. Import route chosen and in place for the timing of shipment
  2. Machinery list matches the promoted project and the factory licensing plan
  3. Used machines checked against current criteria, with certification arranged
  4. Total power and process checked against factory class
  5. Values supportable, especially for related-party and used machines
  6. Supplier contract covers documents, certification, installation permits and acceptance
  7. Records system for exempt machinery set up from day one

Frequently asked questions

Can machinery we already shipped still get duty exemption under investment promotion?+

Generally not. Duty exemption on machinery is a privilege attached to a promoted project, and it applies to machinery imported under that route after the promotion is in place and within its time limits. Machinery that has already been cleared as an ordinary import usually cannot be brought back into the exemption. That is why the import route should be settled before orders are placed.

Can we import used machinery?+

Often, subject to criteria. Under investment promotion, used machinery may qualify where it meets conditions set by announcement, which typically cover age and certification by a recognised institution of the machine's efficiency, safety and environmental performance. Some used equipment may also require approval from other authorities. Check the current criteria for your specific machines before purchase.

Can we sell machinery that was imported duty-free?+

Not freely. Exempt machinery is tied to the promoted project. Selling, transferring or moving it out of the project generally needs permission and may trigger payment of the exempted duty. Plan disposals, relocations between plants and group transfers with that in mind.

Is a free zone the same as investment promotion?+

No. A free zone suspends duty on goods kept and used within the zone under its own rules, while investment promotion grants exemptions to a promoted project wherever its approved location is. Some companies use both. The right choice depends on where the plant is, where products are sold, and how often equipment moves in and out.

Do foreign engineers who install the machinery need work permits?+

Installation and commissioning by foreign specialists is work in Thailand, so it needs to be done under a work permit or a permitted notification route that covers it. Suppliers often assume a short visit is exempt. Arrange this before the engineers travel.