Page 209 - Social Enterprise A New Business Paradigm for Thailand
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community or stakeholders before launching procurement processes. Additionally, the UK
                      government has implemented policies requiring social value assessments for high-value
                      contracts  and  has  developed  a  Social  Value  Model  to  establish  standards  and  improve

                      procurement efficiency.

                      In Thailand, Section 59 of the Social Enterprise Promotion Act, B.E. 2562 (2019), grants
                      social  enterprises  eligibility  for  benefits  under  government  procurement  and  asset
                      management measures. This led to amendments to the relevant ministerial regulations in
                      2021, expanding the list of goods and services eligible for government promotion or support
                      to include those produced or provided by registered social enterprises. These were added
                      alongside  existing  categories  such as  products  from  village  and  subdistrict  occupational
                      groups, cooperative stores, agricultural institutions, and organizations or foundations for
                      persons with disabilities. Despite these provisions, social enterprises in Thailand have yet to

                      meaningfully benefit from such measures. Relevant government agencies, particularly the
                      Office of Social Enterprise Promotion Office (OSEP), should play a more proactive role in
                      raising  awareness  among  public  agencies  and  local  administrative  organizations  about
                      procurement promotion measures for social enterprise goods and services. They should
                      also act as facilitators to connect buyers and sellers, for example, by creating dedicated
                      online platforms to publicize products, services, and sales channels.

                  3.  The Social Enterprise Promotion Act, B.E. 2562 (2019), provides that both social enterprises
                      and those who support them are eligible for tax benefits. One of the key incentives allows

                      individuals and legal entities to use investments made in social enterprises, or funds spent
                      on purchasing social enterprise shares, to reduce their personal or corporate income tax
                      liabilities. This measure is seen as particularly important by some social enterprises, such as
                      Thammadhajee Social Enterprise Co., Ltd., which raises capital by offering shares to the
                      general public.

                      However, under the current tax framework, shareholders are prohibited from transferring
                      or selling their shares until the social enterprise either ceases operations or, if it closes
                      within five years of registration, the tax benefits are retroactively revoked from the first

                      fiscal year in which they were applied. These restrictions significantly limit the effectiveness
                      of tax incentives in encouraging investment in social enterprises. To enhance the appeal of
                      these incentives, it is recommended that Thailand revise its tax policies to allow for greater
                      flexibility  and  stronger  investor  motivation.  For  example,  the  United  Kingdom’s  Social
                      Investment Tax Relief (SITR) program offers income tax and capital gains tax (CGT) relief to
                      individuals investing in social enterprises. Under SITR, investors can offset up to 30% of their
                      taxable income, provided they hold the investment for at least three years.

                  4.  Since the mechanisms established under the Social Enterprise Promotion Act, B.E. 2562

                      (2019), still have limitations in driving the growth of social enterprises, it is recommended
                      that further study be undertaken to explore how to fully leverage existing funds under other

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