Chirayuthchai TraisaengsatheanStrategic Finance for Property Development

Pre-Opening VAT Refund

Separating the input VAT of a VAT-registered business from real estate sales, with steps and risk points

Key takeaways

Projects with a business inside the VAT system, such as a hotel, are entitled to use pre-opening input VAT as a credit or claim it as a refund. However, input VAT on the part sold as real estate under SBT generally cannot be refunded, so it must be separated or apportioned from the start.

Basic principles

Output VAT − input VAT = VAT payable, or a credit that can be refunded

Before opening, input VAT from CAPEX is high but output VAT is zero, so the tax credit accumulates. The VAT rate actually levied, including local tax, is 7%. Royal Decree No. 807 (2026), published in the Royal Gazette on 23 Aug 2026, continues the reduced rate of 6.3% plus local tax from 1 Oct 2026 to 30 Sep 2027.

Separate the refundable part first

Input VAT relating to real estate sales that are subject to SBT and outside the VAT system should not be included in the refund claim. The example in ruling 0811/Ph.4712 shows that if some condominium units have already been sold and the building is shared with hotel-style services, input VAT must be apportioned under the prescribed rules. If the units have not been sold and the building is used to provide hotel-style services, there may be scope to use input VAT in full. The facts of each project must be checked against the contracts and the actual use of space.

Example estimate: sample project

Business segmentCAPEX excluding landTheoretical VAT at 7%Use of entitlement
Hotel85559.85Usable once registered for VAT
Wellness35024.50Usable once registered for VAT
Restaurant573.99Usable once registered for VAT
Segments that may be refundable1,26288.34
Residences for sale1,35094.50Mostly added to cost
Total2,612182.84

The THB 88.34 million figure is a theoretical ceiling before deducting items without VAT or with incomplete documents. Using the actual proportion of 71-82% under the original assumptions, the credit would be around THB 63-72 million. All figures are examples.

Which CAPEX carries VAT

ItemVAT 7%Notes
LandNoneOut of scope
Construction and architectureYesContractor must be VAT-registered
MEP and equipmentYes
Domestic FF&EYes
Imported FF&EYesVAT at customs
Soft CostYes
Pre-opening salariesNone
Pre-opening marketingYes
ContingencyDepends on actual use

The 5-step process

Step 1: Register for VAT before the first CAPEX

Input VAT incurred before registration may not be claimable. Register when the company is set up, or when business expenses begin, before paying design fees or permit fees.

Step 2: Keep complete full-form tax invoices

  1. The words "tax invoice"
  2. Name, address and tax identification number of the issuer
  3. Name and address of the buyer, and identification number under current rules
  4. Serial number and book number
  5. Name, type, category, quantity and value of the goods or services
  6. VAT amount shown separately
  7. Date of issue
  8. Other particulars as prescribed by the Director-General

Step 3: File PP 30 every month

File by the 15th of the following month, or under the e-filing conditions in force. Before opening, output VAT is zero and input VAT builds up as a credit.

Step 4: Choose how to handle the credit

Claim a cash refund

You receive the money back, but must be ready for an audit. Processing time depends on the claim and the documents.

Carry the credit forward

Less paperwork, but cash is tied up and is only used once there is output VAT after opening.

Step 5: Steps if you choose to claim a refund

  1. File PP 30 stating the intention to claim a refund
  2. Officers may schedule an inspection
  3. Submit tax invoices, bank statements, the EPC contract, tax reports and PP 20
  4. Once approved, the refund is paid

Common risk points

ProblemImpactHow to prevent
Including input VAT on residences for saleEntitlement denied and audit triggeredSeparate costs from the start
Tax invoices with missing itemsThat invoice is disallowedUse a checklist
Supplier not VAT-registeredNo tax invoice obtainedVet vendors
Expenses of the owner or executivesUnrelated to the businessKeep separate accounts
Late claimingThe time limit may be missedFile every month
Reverse-charge VAT not remittedSurcharges and penaltiesFile PP 36 on time
Name and address do not match PP 20Invoice disallowedCheck before accepting

Hybrid refund approach

  • First year: carry forward while CAPEX starts to accumulate and the documentation is not yet settled
  • Middle years: claim the first portion once the documents are ready
  • Final year before opening: claim the second portion
  • After opening: use the remaining credit to offset output VAT

Cash flow effect: example

YearCash from VAT credit (THB million)
2nd year before opening25
1st year before opening22
Opening year and after16-25
Total63-72

Test the effect on equity and IRR in the project's own model, because the result depends on the timing of refunds and the proportion of space used.

Legal references

  • Revenue Code, Section 82/3: principles of output VAT and input VAT
  • Section 82/5: input VAT that may not be deducted
  • Section 86/4: items on a tax invoice
  • Royal Decree No. 807 (2026) on the VAT rate

This case study is a hypothetical example. In practice, consult a tax adviser and the local Revenue Department office, especially for mixed-use projects with shared space.