Panya Sittisakonsin

Panya Sittisakonsin

Partner
Baker & McKenzie Limited Attorneys at Law

Biography

Panya Sittisakonsin joined Baker McKenzie in 2002 and became a Partner in 2012. He is currently a partner in the Tax Practice Group. He is also active in the International Commercial & Trade Practice Group, focusing on customs and supply chain issues.

Practice Focus

During his 23 years of practice with the Firm, he has been recognized for advising clients on highly complex tax structures, offshore investment, international tax planning, tax disputes, and tax litigation. His practice also includes boutique tax areas, e.g. wealth management, customs duty, excise tax, tax audits, and transfer pricing.

Representative Legal Matters

Tax Advice

  • Assisted a group of leading alcoholic beverages manufacturing and trading companies in relation to companies restructuring and real estate development with respect to cross-border tax planning and tax advice for operations in various countries.
  • Advising a hotel operator on the structure for developing a mixed-use development project, joint venture with a business partner, and initial public offering.
  • Assisted a banking and financial services multinational in providing Thai tax training and creating custom training materials for the client's employees to use as a tax planning tool for their clients.

Customs

  • Representing and successfully defending our client in a criminal litigation case in the criminal court over the customs valuation of an engineering fee.
  • Advised clients on valuations, classifications, privileges, and import and export controls, including requests for advanced rulings.
  • Provided pre-audit strategic work, i.e. revising internal customs handbooks and document retention policies, and provided advice on the implications of transfer price adjustments.

Wealth Management

  • Assisted the two major clients with tax planning and succession planning for high-value real estate properties and the tax management for the operation of the university in Thailand. In addition, we also provide legal assistance for inheritance tax and asset allocation among family members in the family's holding company.
  • Acted as tax and legal advisor for an ultra-high-net-worth family in Thailand in relation to the shareholding restructuring of operating companies in Thailand. We also assisted this family in restructuring the shareholding in offshore holding company which is held by trustees in Singapore.

Excise Tax

  • Assisted a Japanese multinational automobile manufacturer in handling customs and excise tax matters related to royalties by handling the appropriate actions with all relevant authorities to support the position of the client or to dramatically decrease the exposures of this matter as much as possible.
  • Represented a global food & beverage company in an excise tax litigation case at the Central Tax Court in order to challenge the ex-factory price.

Tax Disputes and Resolutions

  • Represented Nike Thailand successfully at both the tax court and the Supreme Court, in the first case related to a customs valuation after Thailand adopted the GATT.
  • Representing Seagate Thailand in the tax court and the Supreme Court for the sale of a manufacturing plant below market value.

Professional Honors

  • Band 1 in Tax, Chambers Asia Pacific, 2019-2024
  • Tax Lawyer of the Year, The Legal 500 Southeast Asia Awards 2023
  • Highly Regarded in Customs, ITR World Tax, 2023-2024
  • Leading Individual in Tax, The Legal 500 Asia Pacific, 2018-2023
  • Leading Individual in Customs and International Trade, The Legal 500 Asia Pacific, 2020-2023
  • Highly Regarded in Tax Controversy, ITR Tax Controversy Leaders Guide, 2013, 2015-2022
  • Highly Regarded in Indirect Tax, ITR Indirect Tax Leaders Guide, 2017-2022
  • Stand-Out Lawyer, Acritas Sharper Insight, 2018
  • Up and Coming, Individual Award in Tax, Chambers Asia Pacific, 2015

Professional Associations and Memberships

  • The Thai Chamber of Commerce and the Board of Trade of Thailand - Appointed Tax Law Committee
  • Deputy minister of education - Appointed advisor
  • Thai Chamber of Commerce - Tax Subcommittee, the Excise Tax Subcommittee, and the Customs Subcommittee
  • Thai Chamber of Commerce, the Federation of Thai Industries, and the Banking Business - Legal Reform Subcommittee of the Joint Standing Committee
  • Development of Excise Tax Collection Methods - Ministry of Finance Committee

Admissions

  • Thailand (2002)

Education

  • Georgetown University (LL.M.) (2008)
  • Thammasat University (LL.B., 2nd class honors) (2002)
  • Ramkhamhaeng University (B.B.A., Money and Banking) (2002)

Languages

  • English
  • Thai

Previous Offices

  • Sydney

Publications

  • "Inward Investment and International Taxation - Edition 14," Lexology In-Depth, April 2024
  • "Two-year extension of excise tax rate reduction for eco-cars," Baker McKenzie client alert, February 2024
  • "Extension of the customs duty incentives for completely builtup BEVs imported from 1 January 2024 to 31 December 2025," Baker McKenzie client alert, January 2024
  • "Offshore-sourced income received before 1 January 2024 can be brought into Thailand in 2024 or later without being subject to Thai personal income tax," Baker McKenzie client alert, November 2023
  • "Offshore-sourced income brought into Thailand from 1 January 2024 onward will be subject to Thai personal income tax," Baker McKenzie client alert, September 2023