Data centre BOI filings in Thailand: why a project screening comes first

01The prerequisite changed once during 2026 — the earlier version has been revoked

Thailand's data centre investment has grown fast over the past two years, but a lot of clients still picture the BOI process as "prepare the filing, sort out power separately." That order has changed: the resource and environmental review has moved ahead of the tax incentive application and is written into the activity conditions themselves. What matters more is that this prerequisite was replaced once during 2026, and a good deal of published material still reflects the old version.

Announcement ส.2/2569 of 30 March 2026 made "obtain a confirmation letter from the Office of the Energy Regulatory Commission (ERC)" a precondition for data centre applications. Clause 1 of Announcement ส.3/2569, dated 15 July 2026, revoked ส.2/2569 in its entirety and replaced it: for high energy-efficiency data centres (8.2.1.1) and other data centres (8.2.1.2), the project must obtain the approval of a subcommittee designated by the BOI Board before the promotion application is submitted. The scope of that review widens from the electricity system alone to the carrying capacity of energy, water resources and the environment, together with screening of the project itself.

A version conflict worth noting: the June 2026 edition of the Investment Promotion Guide still states the ERC letter requirement, but it was published before ส.3/2569. The Guide is a compilation, not a substitute for the announcements in force. Applying for an ERC confirmation letter today means applying for a document required by an announcement that has been revoked, while the gate that actually matters goes unaddressed.

ส.3/2569 also reaches backwards. Clause 3 provides that projects filed under the earlier policy and still under consideration, and applications to amend a project such that IT load increases by more than 30%, fall under the new announcement as well; clause 4 provides that it applies to promotion applications submitted from the date of issue onward. "We filed long ago" does not exempt a project from this review.

As for the subcommittee itself: under BOI Board Order คำสั่งคณะกรรมการส่งเสริมการลงทุน ที่ 3/2569, also dated 15 July 2026, the earlier energy management subcommittee was dissolved and re-established with data centre project screening within its remit, chaired by the Minister of Energy, with the Secretary-General of the ERC and the heads of the electricity and water authorities among its members — so the ERC moves from being the body that issues a prerequisite letter to being one member of the screening panel. The announcement does not set out the subcommittee's procedure, required documents or timeline; those have to be confirmed with the BOI before filing.

02Two data centre categories, two different thresholds

The Guide splits data centres into two categories, with different conditions and tiers for each.

• High energy-efficiency data centres. Power usage effectiveness (PUE) must be no higher than 1.3, achieved before the corporate income tax exemption is drawn down; IT load must be at least 2 MW; backbone high-speed communication lines must number at least 4, with at least 3 domestic lines each rated at least 10 Gbps and a combined capacity of at least 60 Gbps; and Thai nationals must hold at least 50% of management and expert positions within 3 years. Meeting these conditions places the project in tier A2 inside the Eastern Economic Corridor (EEC), or A3 elsewhere.
• Other data centres. No PUE requirement applies, but IT load and communication-line conditions are the same as above; the project must also have concurrently maintainable power and cooling redundancy, obtain ISO/IEC 27001 certification before drawing down the tax exemption, maintain a water resource management plan, fully complete its contribution-to-Thailand plan before drawing down the exemption, and meet the same Thai-staffing ratio. This category sits in tier A4 inside the EEC, or A3 elsewhere.

03The counter-intuitive part: the EEC is not always the better choice

Where this often catches people out: for high energy-efficiency data centres, being inside the EEC gives a better tier (A2, versus A3 elsewhere). For "other data centres," it runs the other way — inside the EEC the tier is A4 (3 years of corporate income tax exemption), which is actually lower than the A3 (5 years) available elsewhere. Within the same guide, the two data centre categories point in opposite directions on whether the EEC helps or hurts. Before choosing a site, confirm which category the project falls into, then check whether the EEC is actually the better deal.

The tier sets how many years of corporate income tax exemption you get and the cap on it, and these conditions move with each announcement. Once the activity sub-category is settled, go back to the official announcements in force and check every condition currently attached to it — do not rely on a single edition of the Guide for the final answer.

04Cloud services and GPU hosting have their own thresholds

Cloud service activities carry different conditions again: at least 2 data centres inside Thailand certified to ISO/IEC 27001, interconnected at 10 Gbps or above with same-speed backup, and certification under both ISO/IEC 27001 (cloud security) and ISO/IEC 20000-1 (cloud services) — placing the project in tier A2. Data hosting built around renting out GPUs and other high-performance computing equipment requires at least 2 certified data centres and an investment of at least 5 billion baht (excluding land and working capital), also landing in tier A2.

The suggested order of work: first confirm which of these activities the project falls under and whether it sits inside the EEC; if it falls under data centre activity 8.2.1.1 or 8.2.1.2, obtain the subcommittee's project screening approval before submitting the promotion application rather than leaving it until the BOI paperwork is otherwise ready; then check the ISO certification and contribution-to-Thailand obligations against their specific completion deadlines; and finally bring the shareholding structure and site selection together into a complete filing package. Which activity sub-category a given project actually falls under, how far the project screening reaches, and what capacity thresholds apply all have to be checked against what the business actually does and the announcements in force on the filing date, verified item by item by our advisers.