Good News For Consultants/advisors

[Sunbelt Asia]

For consultants/advisors or agents of a brokerage business, if you want to apply for an extension of stay based on business, you now only need to employ one Thai employee per work permit. As per "Consultant", it must be your objective and you can be as an example be the consultant for business, research or marketing.

This is per the following guideline...

The appropriate ratio between full time Thai employees and foreign employees is 4 Thais per 1 foreigner for extension of stay based on business. However these following ten businesses are permitted to have the different ratio of Thai and foreign employees. The first to the ninth businesses are allowed to have 1 foreign employee per 1 fulltime Thai employee, and the tenth business shall not have less than 20 Thai employees who are paid on a daily basis.

These 10 businesses consist of:

1. International Trading (Representative Office)

2. Regional Office

3. Transnational Company (Branch Office)

4. Brokerage – Agent Business

5. Advisory/ Consultant Business

6. Affiliate / Subsidiary

7. Joint Venture Business

8. Juristic Person that is operating its business by using the specific proficiency or masterfulness.

9. The Regional Operation Office

10. The Juristic person that has 20 Thai daily wage paid (part time)employees

www.lawyer.th.com

[we_zaa]

That right !! Sunbelt Asia

when the foreigner got the non-B tyeps,they got 90 days in Thailand.

Between 90 days time, you have to set up company,tax,vat and work permit.

if you have 4 Thai employees for every objective,

and *** 1 thai employee for consultant or representative company.

Submit for one year visa base on business.

................................................................................

........

WE_ZAA

[astral]

How much do you have to pay the Thai?

My son gets pocket money, can he also qualify as an employee??

[SunbeltAsia]

In Bangkok, 5,250 Baht per month.

www.lawyer.th.com

[Sunbelt Asia]

bump

[kash]

Hmm, this might be something for me.

I've been reading this forum for a while now, and have decided to set up a company in february, apply for a non-immigrant b (?) and start the company set up process then.

so would it me correct observed that what I need for a start is:

- a letter from a Thai company for the non-immigrant visa.

- start up a company through SunBelt i.e.

- pay up 500k baht into company account

- employ 1 thai staff for 1 work permit as I will work as a biz consultant

(with ca. 5,5k for thai salary and 40k for me?)

I have a choice of opening a branch company as I have two companies in Europe, or is it better for a uknown reason to have a single-standing company in Thailand?

Anything else I need which I've seem to forgotten?

[Maestro]

bump

Bump?

I’ve been trying to figure this out for the last 5 hours. No success.

[Sunbelt Asia]

have a choice of opening a branch company as I have two companies in Europe, or is it better for a uknown reason to have a single-standing company in Thailand?

Easier, faster and cheaper to do a stand alone Thai co in Thailand rather than a branch.

Over a period of five years the company establishing a Branch Office is required to remit at least 5 Million Baht CASH of working capital into the country. Two Million Baht must be paid during the first year. Branch Offices are only required to maintain and submit accounts of their activities related to their Thai office.It is important, however, to clarify beforehand what constitutes income subject to Thai tax because the Revenue Department may consider revenues directly earned by the foreign head office from sources within Thailand as subject to Thai tax.

Under the Alien Business Law, if a foreign company wishes to open a Branch Office in Thailand it must obtain an Alien Business License.

You must submit the following documents, which should be notarized and certified by the local Thai consulate or embassy. These documents must not be more than six months old at the time of submission to the Commercial Registrar. These documents are:

register and provide information about its background and purpose for entering into business.

Articles of Incorporation or Memorandum of Association.

By - laws or Articles of Association.

An affidavit of the manager or corporate officer, stating the following:

Name of the corporation, registration number, and date of registration;

Address of the registered office;

Jurisdiction under which the corporation is registered;

Name, address, nationality, age and race of each director; number of shares held by each; and identification of the director(s) with the power to bind the corporation;

The authorized capital stock of the corporation, number of shares and par value of each, and amount of paid-up capital stock; and

total number of shareholders, their nationalities, and number of shares owned or held by each national group.

A power of attorney for the manager in Thailand, giving him, in addition to the normal powers, the power to register the branch or representative office with the pertinent Thai Government authorities and to act as the manager thereof.

Affidavit from the corporation.

Power of Attorney for the Manager in Thailand, giving him/her the power to register the branch office with the pertinent Thai government authorities, and to act as the manager thereof.

Brochure or data book of the head office.

Company profile of the head office.

The latest audited financial statements of the head office.

The latest annual report of the head office.

Address and location map of the office in Thailand.

Organization Chart of the office n Thailand.

Estimated annual expenses of the office in Thailand.

An explanatory letter describing the business plan.

Pros and cons of the business

Well known products/ projects/ clients.

The above documents must be submitted to the authorities who, sometimes, may require additional documents, depending on the particular case.

www.lawyer.th.com

[Sunbelt Asia]

Bump?

I’ve been trying to figure this out for the last 5 hours. No success.

Bump as in bumping the post back up to the top of the forum!

I want as many people as possible to know, it is easier to get an extension of stay permit based on business for some people.

www.lawyer.th.com

[kash]

okey, the Non-Immigrant "B" visa letter, does that have to be from a Thai company?

[Maestro]

Bump as in bumping the post back up to the top of the forum! 

Thank you! Never too old to learn something new

[Sunbelt Asia]

okey, the Non-Immigrant "B" visa letter, does that have to be from a Thai company?

In most all cases yes. Some Consulates will allow your own company in your own country to do so. We do sponsor a number of people who are looking to explore the possibility of investing in Thailand.

www.lawyer.th.com

[naka]

So if I want to bring a consultant up from Singapore to do a

job which will only take a couple of weeks, what does he need to do ?

Naka.

[Sunbelt Asia]

So if I want to bring a consultant up from Singapore to do a

job which will only take a couple of weeks, what does he need to do ?

Naka.

Apply under the “Rule of Department of Employment Governing Necessary and Urgent Work Acknowledgment B.E. 2545 Your "consultant" can enter into Thailand on any visa or Transit and apply to work for 15 days.

We file this application for clients at a nominal fee of 2,500 Baht.

www.lawyer.th.com

[Indo-Siam]

Greg -

Unless you know of some change of which I am unaware, applicants for an Alien Business License (as for a Thai Representative Office) must also submit a Technology Transfer Plan - the reference is:

http://www.dbd.go.th/eng/foreign/Technology_Transfer(1).doc

This is - to me - the single most painful part of the process. Most everything else is just document gathering.

Two other explicit requirements for a Thai Representative Office (TRO) of an overseas company are:

1) You must submit a summary listing of all business transactions that the overseas company has conducted within Thailand for the past three years, including copies of actual invoices.

2) You must submit a copy of the representation contract between the overseas company, and its Thai agent - because without a Thai agent, they basically will not accept that your TRO will operate without pursuing "out of scope" (prohibited) activities, as described starting at the bottom of first page at:

http://www.dbd.go.th/eng/representative.phtml

Cheers!

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok

[email protected]

www.thaistartup.com

[Sunbelt Asia]

Hi Steve,

Was aware of that hassle. Thanks.

However this post has to do with any Thai company, either it being under an Alien Business License, Amity or even Thai majority owned. Immigration now requires only 1 Thai employee per work permit for consultant/advisor or an agent of a brokerage firm. Much easier for some folks to get a long term extension of stay permit if their company has that objective.

www.lawyer.th.com

[seeker108]

okey, the Non-Immigrant "B" visa letter, does that have to be from a Thai company?

In most all cases yes. Some Consulates will allow your own company in your own country to do so. We do sponsor a number of people who are looking to explore the possibility of investing in Thailand.

www.lawyer.th.com

<{POST_SNAPBACK}>

Greg, Kash, Steve and anyone interested in the 'B' visa

It seems that things have lightened up for a non-imm 'B' visa these days at least in US or UK. I spoke with 3 honorary consulates in the US and 1 in UK and they are quite willing to accept, on your own letterhead, an expression of your intent to open a business in Thailand to fulfill this aspect for the 'B' visa. I did this for myself and also for a colleage in the UK and we both instantly got the 'B' visa.

I would suggest calling an honorary consulate in your country and explain that you are going to thailand to open a business and see if they feel a letter from you stating your intent to open a business will satisfy them.

seeker

[DarwinK]

A bit confused here--...Is this a change in a policy, or a regulation? And I had thought it was the Thai Labour Department that grants work permits--is that the case? If so, then whose policy or regulation has been changed--Immigration's, or the Labour Department's, or both?

Many thanks for any clarification...

[lopburi3]

A bit confused here--...Is this a change in a policy, or a regulation?  And I had thought it was the Thai Labour Department that grants work permits--is that the case?  If so, then whose policy or regulation has been changed--Immigration's, or the Labour Department's, or both?

Many thanks for any clarification...

<{POST_SNAPBACK}>

Immigration Department for extension of stay.

[DarwinK]

Immigration Department for extension of stay.

<{POST_SNAPBACK}>

Okay, understood that you now only need one Thai employee to get an extension of stay if you fall under the 10 business categories listed above, including consultants or advisors.

But do you still need four Thai employees to get the work permit in the first place, or do I misunderstanding the process?

[BillyParadise]

Hello,

Could you please tell me what the definition of "Consulting Business" is? I am considering a business venture where I will provide time-zone shifted services to my current employer - ie, provide services for them during the overnight hours in the original timezone. This mostly will consist of IT maintenance and systems monitoring.

We will not need 4 employees to start. Likely, myself plus one or two others. As I require more than just basic skill level (good written and verbal english, computer proficiency, etc), I anticipate paying significantly more than 5k baht for these workers. Should I "employ" two extra people I don't really need, at minimum rate, or can I call myself a consultant business?

Thanks for your advice.

Regards,

BillyParadise

[seeker108]

DK - you only need 1 as I undertand it.

BP - sounds like consulting to me. Anyway, I think it is all how you define it when you incorporate. I'm sure sunbelt will make sure the wording is correct.

sunbelt - Has anyone actually been successfully processed for the work permit and 1 year extenion down there based on the new 1 employee rule for consultants? Up here in Chiang Mai your office says that immigration is not yet accepting this. And I had already heard the same thing from a friend working with another firm up here as well.

If it is working in BKK do you have any suggestion as to how your office up here can make this work up here in Chiang Mai as well?

Thanks

seeker

[Sunbelt Asia]

But do you still need four Thai employees to get the work permit in the first place, or do I misunderstanding the process?

In Bangkok you do not need ANY Thai employees to get a work permit. That is Thai law.

In Pattaya, in many cases they require 4 Thai employees to obtain a work permit. The law in Thailand states zero Thai employees required but this office feels it is "Pattaya law" which requires 4 Thai employees per work permit. Pattaya is a "Republic" with Pattaya laws :-)

Could you please tell me what the definition of "Consulting Business" is? I am considering a business venture where I will provide time-zone shifted services to my current employer - , provide services for them during the overnight hours in the original timezonetime . This mostly will consist of IT maintenance and systems monitoring.

If you are providing a service which can be considered providing consulting to this employer then it can be "consulting"

sunbelt - Has anyone actually been successfully processed for the work permit and 1 year extenion down there based on the new 1 employee rule for consultants?

Around 30 or more cases we have been successful. No denials.

Up here in Chiang Mai your office says that immigration is not yet accepting this. And I had already heard the same thing from a friend working with another firm up here as well.

Every immigration district interprets their own views on the laws. This law is black and white that is allowed. We'll make some calls Monday and see if we can have them understand another view on why it is allowed.

If it is working in BKK do you have any suggestion as to how your office up here can make this work up here in Chiang Mai as well?

One other scenario apply in Bkk. This extension will be valid in Chiang Mai as well.

www.lawyer.th.com

[we_zaa]

Update of minimum salary for 1 or 4 Thai employees[one year visa based on business] in Bangkok is 5,520 Baht [184 Baht per day].

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......

we_zaa

[~G~]

For consultants/advisors or agents of a brokerage business, if you want to apply for an extension of stay based on business, you now only need to employ one Thai employee per work permit. As per "Consultant", it must be your objective and you can be as an example be the consultant for business, research or marketing.

Two questions:

1. Does it mean the objective as stated in the company regsitration documents ("nangsue rabrong") or in the VAT registration (p.p. 01, p.p. 09)?

2. I assume minimal salary for the foreigner still required, according to nationality.

[Sunbelt Asia]

1. Does it mean the objective as stated in the company regsitration documents ("nangsue rabrong") or in the VAT registration (p.p. 01, p.p. 09)?

Good question. It's both. The company registration docs and the Vat registration Phor.Phor. 01. This is what the Labor Dept looks at also.

2. I assume minimal salary for the foreigner still required, according to nationality.

Correct.

www.lawyer.th.com

[we_zaa]

1.The objective stated in the company regsitration documents ("nangsue rabrong") and in the VAT registration.

2. Minimum salary for the foreigner still required, according to nationality FOR THE EXTENSION OF STAY BASED ON BUSINESS

• Japanese, Americans and Canadians: 60,000 baht

• Europeans and Australians: 50,000 baht

• South Koreans, Taiwanese, Singaporean and Hongkongers: 45,000 baht

• Malaysians: 45,000 baht

• Indians and people from the Middle East: 35,000 baht

• Mainland Chinese, Indonesians and Filipinos: 35,000 baht

• Burmese, Laotians, Vietnamese, Cambodians and Africans: 25,000 baht

• Journalists working for newspapers: 20,000 baht Wages of journalists working for magazines and other media are categorized by nationalities.

But on the work permit their is no official minimum. However you must pay a minimum tax.

........................................................................

we_zaa

[raro]

In Bangkok you do not need ANY Thai employees to get a work permit. That is Thai law.

In Pattaya, in many cases they require 4 Thai employees to obtain a work permit. The law in Thailand states zero Thai employees required but this office feels it is "Pattaya law" which requires 4 Thai employees per work permit. Pattaya is a "Republic" with Pattaya laws :-)

..this "Pattaya law" is apparently also enforced in Rayong...and from what I remember back in Bangkok I also needed 4 Thai employees.

[HarryHerb]

8. Juristic Person that is operating its business by using the specific proficiency or masterfulness.

I'm curious as to how that no.8 is interpreted. I would imagine many people who have a work permit for something other than a company management role have to prove a specialist skill that cannot be provided by the local labour force in order to get the WP in the first place!

In my case, it's language and computer proficiency - does that count and where would it have to be worded in order to apply for the extension: on my work permit or on my company objective / VAT registration?

[Sunbelt Asia]

and from what I remember back in Bangkok I also needed 4 Thai employees.

Not since May 2002.

In my case, it's language and computer proficiency - does that count and where would it have to be worded in order to apply for the extension: on my work permit or on my company objective / VAT registration?

Now you are getting into the 64 million Baht question. What works for one officer won't work with another even if you had a case approved for that type of objective. Much easier to be 100% and put " Consultant of language and computer proficiency" Then you are 100% approved.

www.lawyer.th.com