FEATURES
HEADLINES [click on headline to view story]: 

Fireworks and lasers light up the sky as three days of carnival fun begin

Offshore companies can be attractive tax shelters

Fireworks and lasers light up the sky as three days of carnival fun begin

Nong May is crowned carnival queen

Mayor Niran Watthanasartsathorn cut the ribbon to start the parade.

Narisa Nitikarn
With a colorful parade televised live by Channel 5 and TGN to 158 countries around the world, Pattaya Carnival 2006 got underway at 15 p.m. on February 24. Mayor Niran Watthanasartsathorn cut the ribbon to start the parade as it made its way along Beach Road to Bali Hai Pier.
In one of the parade highlights, the 40 contestants for the Miss Pattaya Carnival competition were driven along the route in a convoy of tuk-tuks.
The official opening of the carnival was performed that evening, presided over by Wittaya Khunplome, advisor to the prime minister, with a laser light show and fireworks lighting up the night sky.

Oon Kaewlin’s concert had the boys’ hearts pumping. Fahrenheit performed hard rock tunes for an appreciative crowd.
Pattaya Carnival 2006 was held from February 24 to 26, and was organized by Pattaya City Council and the Tourism Authority of Thailand. Two stages were set up to hold the varied performances, a large one for the main ceremonies and a small one for the cultural shows presented by Pattaya residents and schoolchildren.
The first day of the event, the 24th, saw the parade start out from the entrance to Soi 4 on Beach Road. The parade received great support from the government and private sectors, who decorated and manned some spectacular floats, amongst them Alcazar, Alangkarn Theater, Siam Bay View Hotel, Siam Bayshore Hotel, Big C Super Center, Harley-Davidson, Wong Turiyang, and nine Pattaya communities.

Party time began with the Ebora concert.
Winner of the best float competition was Nong Nooch Tropical Gardens, who collected 100,000 baht. The body painting competition was won by Pattaya Marriott Resort and Spa with 10,000 baht prize money, while the best sand castle prize went to a team named “What is it?” who received 15,000 baht prize money. After the announcements party time began with concerts by Peace Maker and Ebora.
On the second evening the final 15 Miss Pattaya Carnival contestants were announced as well as the Miss Press Favorite winner Prapasaorn Thonglo and Miss Popular Vote Jarunee Black. This was followed by country music concerts by Dao Mayuree and Apaporn Nakhorn Sawan.
On the last evening the 10 semi-finalists of the Miss Pattaya Carnival presented themselves to the judges who selected the final five. This was followed by a concert by singer Oon Kaewlin. The winner and runners up of the Miss Pattaya Carnival 2006 were then announced.

Ton (left) and Nok kept the program moving smoothly with wit and humor as the emcees of the event.
Winner was contestant number 6, Nong May, Miss Kanyanat Sutpaa, a 23-year-old student of Krirk University. She impressed the judges with her answer to Aphichart Phuchphan’s question, “What do you say to ‘every square inch of Pattaya is happiness’?” She said the answer was in the question, for wherever you go in Pattaya there was always something interesting happening, sports in the daytime and in the evenings entertainment and delicious fresh seafood. Verawat Khakhay presented her sash, and Janejira Koedprasop, Miss Thailand World 2003, presented her crown and 100,000 baht prize money.
First runner-up was Miss Phasinee Wongbuntree, 23, and second runner-up was Miss Sasimas Pringpuangkaew. Total prize money for the event amounted to 671,000 baht.
The evening then continued with entertainment with performances by Fahrenheit and Sil followed by DJs, who brought an end to Pattaya Carnival 2006.

Beauty contestant winners (L to R) First runner-up Miss Phasinee Wongbuntree, Miss Pattaya Carnival 2006 Kanyanat Sutpaa, and second runner-up Miss Sasimas Pringpuangkaew.

Everyone is in a joyful mood as the parade makes its way down Beach Road.

Elephants bearing beauty queens – a Thai style parade.

Vespas on parade.

Wittaya Khunplome, chonburi M.P. presides over the official opening of the carnival setting off a laser light show and fireworks lighting up the night sky.

Fireworks light up the night sky.

Thousands of revelers crowded the stage to listen to their favorite recording artists.


Offshore companies can be attractive tax shelters

Businessmen listen to advice at DSU meeting

Staff Reporter
When it comes to planning a pleasant weekend, most of us would probably think last of attending a lecture about the double taxation treaty between Thailand and Hong Kong. However, this very topic was on the agenda as the German Speaking Business Club met in February at the Dusit Resort. Visiting speaker was the German lawyer Markus Klemm and although the topic might appear to be rather dull, the event was booked out to the last seat.

The German Speaking Business Club met at the Dusit Resort for a lecture about the double taxation treaty between Thailand and Hong Kong.

Lawyer Klemm founded “Asia Law Works” with his Thai associate Amnat Thiengtham in 2004 and offers an advice service for businesses and private citizens.
The lecturer started by explaining and discussing the use of opening an offshore company, in this example a registered company in Hong Kong. Many German advice seekers still believe that offshore companies are nothing but utensils for tax evasion for the selected few. This is definitely not the case as offshore companies serve as tax optimization tools by using jurisdictions with tax advantages or even exemptions.
As a demonstration, attendees described their business activities and two of them were chosen as an example. One is the practice of buying and selling condominiums via an offshore company, a practice already quite common in Pattaya when it comes to luxury condos. Thailand allows 49 percent of the living area in any condominium building to be owned by foreigners, while the foreign ownership is not limited to natural persons but also includes juristic persons, here our fictional Hong Kong company. An apartment once bought can be sold off with profit after a few years and, since the company is not registered in Thailand, without any transfer costs due to this country. The money earned by selling the condo can be transferred in hard currency to an offshore account and, if within the right jurisdiction, will be not eligible to any taxes.
The second case explained how the commercial exploitation of intellectual property and knowledge can be handled with as little taxation as possible. After all, why should intellectual property, produced or gained in one country, be taxed in another? The profits of products deriving from the initial intellectual property are to be taxed in the country where the products are sold. If the producing country demands high taxes, those will have to be applied and many companies thus prefer to use a trading company based in a country with relatively low taxes in this constellation.
But doing this, one has to be aware that the owners of the trading company have to be different to the owners or the producers if the aim is to keep the charges to the trading company below those to customers, and the need for a two-layer system regarding the ownership arises. Second option would be to transfer the intellectual property to a secondary company in a tax-free zone. That company would issue licenses that would have to be paid into offshore accounts and would thus be – depending on the constellation – either tax reduced or exempted.
The actual topic of the meeting inevitably faded into the background since the demonstration of the different structures took up most of the time. Lawyer Klemm was satisfied, though, because he could show ways of problem solving and alternatives to a very attentive audience. The actual explanation of the double taxation treaty will follow at some later point in time.
All participants agreed that there more yet unknown factors regarding international tax laws than could be dealt with in a single lecture. Every single fact is rather complex and asks for consideration of many factors. Although no one likes to pay taxes and there is something of a boom of tax evasion cases, one should not stick to old habits but rather try to leave that illegal area by making use of efficient solutions and exploit all opportunities offered by prevailing tax laws.
The lecturer is available to answer any further questions and to be reached at the following address: RA Markus Klemm, Asia Law Works Co., Ltd. 300/45-46 Moo 12 Thepprasit Road, Nongprue, Banglamung, Chonburi 20260, Tel: 0 3841 1591; [email protected]

(From left) Stefan Heintze, resident manager of the Dusit Resort Pattaya, Elfi Seitz, editor of Pattaya Blatt and German lawyer Markus Klemm, founder of Asia Law Works.