業務分野
企業法務・M&A
税務

拠点
カンボジア
ラオス
ミャンマー
タイ
ベトナム

Languages
Thai
English

Education

LLM (adv.), International Tax Center, Leiden University

LLM, Thammasat University

LLB, Thammasat University

Auaychai Sukawong
+66 2056 5537

Biography

Auaychai Sukawong is a partner and head of the regional tax practice at Tilleke & Gibbins. He is a highly accomplished lawyer with over 20 years’ experience practicing tax and regulatory law, and he is ranked by The Legal 500 Asia Pacific for his tax advisory expertise. He has particular expertise in foreign investment, mergers and acquisitions, reorganization, and inbound and outbound transactions.

Auaychai’s practice includes tax structuring for inbound and outbound investment in ASEAN, as well as outbound investment structuring for Southeast Asian companies expanding overseas—especially into China, the European Union, India, Japan, and the United States. He is renowned for his investment structuring planning, tax treaty interpretation, BEPS advisory and implementation work, tax implementation exercises related to business restructuring, reorganization advice in relation to M&A transactions, and due diligence.

In addition to the above, he advises Thailand-based and Thai-listed companies in the energy, petrochemical and refinery, oil and gas, infrastructure, consumer retail, media and entertainment, hospitality, and other sectors on tax and investment structures, including overseas business expansion and acquisition transactions. He also provides ongoing tax advice—including on day-to-day operations—and tax compliance services for various businesses active in Thailand.

Prior to joining Tilleke & Gibbins, Auaychai worked as a partner and senior tax advisor in the Bangkok offices of a Big Four professional services firms for over 10 years. He holds an LLM (adv.) from the International Tax Center of Leiden University as well as LLM and LLB degrees from Thammasat University.


Experience
  • Advised clients in the energy, petrochemical and refinery, oil and gas, agricultural, and consumer products sectors on tax planning and tax strategy in relation to group restructuring for improvement of management and control for tax treaty interpretation purposes in regard to income from both onshore and offshore investments. Some of the specific issues included centralization or decentralization to meet residency and substance requirements for the investment holding company, choice of a holding company location in connection with BEPS compliance, local tax law, and treaty interpretation on passive income received under the investment structure, as well as implementation of a treasury center and International Business Center under Thailand’s Revenue Code.
  • Led tax advisory teams assisting many Thai conglomerates and well-known private equity companies by conducting due diligence (both vendor and buyer) for new acquisitions or exits, advising on leverage structures for tax efficiency, recommending safeguards and protections, and negotiating sale and purchase agreements for both inbound and outbound M&A transactions.
  • Advised leading Thai companies (and their venture capital and private equity arms) on tax efficient structures for investing in power plants, petrochemical and refinery plants, oil and gas projects, and consumer retail in Australia, Cambodia, Canada, China, Hong Kong, India, Indonesia, Japan (under TK-GK structures), Korea, Laos, Myanmar, Netherlands, Philippines, Singapore, USA, UK, and Vietnam.
  • Led teams assisting in implementation of business combination and group restructuring for high-net-worth individuals, family business organizations, and various other companies—such as fast-growing startups, green energy ventures, petrochemical and refinery businesses, and real estate developers—in preparation for initial public offerings and to achieve cost efficiency.
  • Helped a leading Thai conglomerate to meet Dow Jones Sustainability Indices (DJSI) requirements for tax risk management and taxation sustainability, and assisted in responding to DJSI questionnaires, which enabled the company to top the DJSI chemicals and beverage sector index from S&P Global for many years. This work also entailed reviewing and updating the company’s roadmap for implementation of their tax control framework.