Sunbelt Asia

Unless the amount of increase is specified in the lease contract then the sky is the limit. You should always have a lawyer review your lease contract before signing for this very reason.

[sunbelt][/sunbelt]

Sunbelt Asia was recently asked this question by a group of teachers and our senior lawyer double check with the Labor Office on this matter.

The Private School Act does allow for differences in severance pay, the Labor Act will supersede the Private School Act if there is a conflict.

The Labor Act takes precedence over any other law and severance is due to a private school teacher, regardless of the Private School Act. A private school teacher who is in conflict with his employer should go to the Labor Courts to have the case adjudicated if the school balks at paying severance as required by law.

The termination of the contract does not remove the employers obligations to pay severance.

The teacher in question should file a complaint with the Labor Office.

[sunbelt][/sunbelt]

Legally if you are working in Thailand Thai law requires that you have a work permit, regardless of what kind of visa you have. However a retirement visa cannot obtain a work permit if you want to go legal.

Practically, online work is a gray area and you may or may not have issues.

[sunbelt][/sunbelt]

The best way to go about this is to have legitimate Thai partners, not nominee shareholders and then form a Limited Thai Company with majority Thai ownership by the legitimate Thai partners

[sunbelt][/sunbelt]

It is not legal and you can either go to the Land Department and file a complaint or call a general meeting and replace the board, or do both.

[sunbelt][/sunbelt]

If you are not a signing director then you will not need a work permit, ie you have no authority to sign documents on behalf of the company. However, if you are a signing director then you will need a work permit and that would require a change of visas.

[sunbelt][/sunbelt]

Right now the minimum is 6,250 but on April 1 it will be higher. It depends on what province you are located in, you can check the new minimum wages here:

http://sunbeltasia.com/contents.aspx?page=cac7381b-d7ba-48d2-8441-08f86c396c63

They can work part time but must be paid the minimum salary as if they worked full time.

You need 4 people getting at least the minimum salary. Sometimes the labor officer will want to see at least one Thai getting more than the minimum.

No its not in the law but the officer has the discretion to grant the work permit. They have been known to ask for one or more to get paid higher than the minimum. For instance if you had a position of secretary who is college educated there is no way you could find one to work for minimum wage and the Officer would know that whereas the minimum wage would be acceptable for 4 laborers or factory workers.

[sunbelt][/sunbelt]

Setting up a language/tutoring school involves not only setting up a company but several other factors will need to be fulfilled as well.

A company partially owned by a foreigner will require million baht in capitalization if married to a Thai national- if not married to a Thai national then 2 million baht in capitalization is required and 4 Thai employees is required for each work permit.

A language school requires certification from the Ministry of Education in the Private Education Sector. The Ministry of Education also requires Thai majority ownership and a Thai director. Additionally, instructors generally need to be recognized by the Ministry of Education (ie Teachers License) before applying for the work permit as this would most likely be requested from the Labor Office before issuing the work permit.

Costs vary from company to company, Sunbelt Asia's fees are very competitive, if you wish to discuss this with an advisor please let us know

[sunbelt][/sunbelt]

Assuming that all accounting has been kept up to date and audits filed on an annual basis, then closing a company will cost 25,000 Baht. However, if you have not kept it up to date, taxes and fines will be owed to the government

[sunbelt][/sunbelt]

Sorry, but it may be difficult to sell a registered company that has no assets and no business as many people prefer to start a new company that has no potential encumbrances. Sunbelt Asia generally only sells actively trading companies because of this very issue.Good luck in your search. Best chance is someone needing a established company without a business attached to it.

[sunbelt][/sunbelt]

An American can start an Amity company to have a shop selling motorcycles and would be able to own the company outright. You could also start a partnership with your wife but would most likely not be able to obtain a work permit.

The best option is to open a Limited Company with 3 shareholders, Thai nationals will have to own more than 51% of the shares. With 2 million baht in registered capital (this can also be in assets) and four Thai employees you would then be able to obtain a work permit to work in your business

Sunbelt Asia has extensive experience setting up companies in this manner, please contact us for a free consultation.

[sunbelt][/sunbelt]

We have had clients who have been in a defacto marriage for many years, with children, who, upon marrying legally were able to claim back past taxes paid.

[sunbelt][/sunbelt]

You should be charging VAT to every one and then get the VAT credit back. Even though the export is at a zero per cent rate you are supposed to charge the VAT and then get that credit back for the zero percent rate.

Service is deemed to be provided in Thailand regardless of whether it is performed elsewhere and then utilized in Thailand or if the service is performed in Thailand and utilized elsewhere. So, you need to issue the invoice with VAT and then claim the VAT credit back.

The relevant statute can be found here: http://www.rd.go.th/publish/6043.0.html

[sunbelt][/sunbelt]

According to Civil and Commercial code, Section 110 a non-profit foundation may open a business so long as it benefits the Foundation.

Sunbelt Asia has experiencing dealing with Foundations and can help you with the process to ensure that it is done completely legally.

[sunbelt][/sunbelt]

Thai customs duty online can be found here:

http://igtf.customs.go.th/igtf/en/main_frame.jsp

You might want to contact a shipper we recommend highly, Robin at Dawn Shipping, he can help you out

184/162 , 25th Fl, Forum Tower, Ratchadapisek Road,

Huaykwang, Bangkok 10310, Thailand

Mobile:668-5250-2729, Tel: 662-645 2218-9 ext 18, 662-938 0846, fax: 662-645 2217

Website: www.dawn-group.com.sg

[sunbelt][/sunbelt]

Sunrise Tacos in Bangkok will be offering a Super Bowl special breakfast and screening of the game at their restaurant located on Sukhumvit between Soi 12 and 14.

The sumptuous full breakfast buffet prepared by Mexican chef Luis is only 295 Baht. Bloody Marys for only 99 Baht. All you can drink coffee or tea for 59 Baht.

Sunrise Tacos will have a omelet station, bacon, ham, pancakes, eggs, potatoes and corn, French toast, various fruits and Mexican breakfast classics... enchiladas, breakfast burritos, huevos rancheros and chilaquiles.

Doors are open 24 hours a day with the pre- game show starting at 6:00 AM broadcast live from Lucas Oil Stadium in Indianapolis.

Can't make it Monday morning? Watch the repeat at 8 p.m. Monday night or 9 a.m. or 6 p.m. on Tuesday. Margaritas will be only 99 Baht during the repeat game on tv. Made with El Jimador Gold Tequila with 100% agave.

Sunrise Tacos, located directly on Sukhumvit Rd between Soi 12 and Soi 14 in Bangkok, will be having it's annual Super Bowl party on Monday morning February 6th 2012. This year's game will be a must watch game as it's between the New York Giants and New England Patriots. A sumptuous full breakfast buffet prepared by Mexican chef Luis will complete the whole experience for only 295 Baht. Bloody Marys for only 99 Baht. All you can drink coffee or tea for 59 Baht.

Sunrise Tacos will have a omelet station,bacon,ham,pancakes,eggs, potatoes and corn, French toast, various fruits and Mexican breakfast classics... enchiladas, breakfast burritos, huevos rancheros and chilaquiles.

Doors are open 24 hours a day with the pre- game show starting at 6:00 AM broadcast live from Lucas Oil Stadium in Indianapolis.

Can't make it Monday morning? Watch the repeat at 8 p.m. Monday night or 9 a.m. or 6 p.m. on Tuesday. Margaritas will be only 99 Baht during the repeat game on tv. Made with El Jimador Gold Tequila with 100% agave.

Apologies for the delay in answering, I missed this one

The Thai Courts will accept an email. Thai law states that email correspondence is deemed as an acceptable document to use in evidence in the Courts.

[sunbelt][/sunbelt]

Any lease longer than 3 years must be registered at the Land Office and taxes paid, hence the popularity of the 3 year lease.

The 3 + 3 + 3 lease is legally valid but it gives both parties the opportunity to renew; the lessor and the lessee. Sunbelt Asia puts language in the contract that helps the tenant so that the approval for the renewal of the lease has already been approved by the landlord.

[sunbelt][/sunbelt]

Hand carried samples fall within the allowed personal effects allowance by customs and generally seem to avoid duty. However, mailed samples have not always been delivered to customers.

Duty free allowance is applied to personal effects valued up to 10,000 Baht if the items are intended for personal or professional use and the quantities are reasonable and it is not subject to restriction or prohibition such as cigarettes, tobacco and alcohol.

Personal effects do not include motor vehicles and motor vehicle parts regardless of the length of time used and owned.

[sunbelt][/sunbelt]

Thai law does not set any minimum allowance to be paid to staff.

[sunbelt][/sunbelt]

Yes, the Foundation can employ staff, the minimum wage is currently set at 6,500 Baht a month but that may change in April to 9,000 Baht assuming the Thai government follows through with their commitment to raising the minimum wage. A minimum wage would not, of course apply to volunteers.

The main annual responsibility of the Foundation is to submit a report of all income, expenses, minutes of meetings and a general report of their operations to the government.

[sunbelt][/sunbelt]

The Intern will be working, even if unpaid, and as such will need a non-B visa and a work permit. It is possible to get one valid for 6 months only.

If you need any advice on how to move forward on this please don't hesitate to contact us

[sunbelt][/sunbelt]

It is not required nor necessary for a Thai national to register a sole proprietorship to work online. They should, however, be sure to declare their income at the Tax Office and pay a minimum tax on it.

[sunbelt][/sunbelt]

Recently, due to the flooding, the Royal Thai Government issued Royal Decree 530 to cut corporate income tax for 3 consecutive accounting periods.

The accounting period beginning on or after January 1, 2012 will see a reduction of corporate tax to 23 % from 30 % for one accounting period.

The tax on profits will be reduced to 20% for two subsequent accounting periods beginning on or after January 1, 2013.

Section 6 of the same decree reduces corporate tax for small and medium enterprises (SME) whose paid up capital does not exceed 5 million baht and whose gross annual revenue is 30 million Baht or less. Those whose profit is less than 150,000 Baht are exempt from corporate tax, while those from 150,001 Baht to 1 million Baht will be charged a 15% tax rate.

For those SME companies that earn more than 1 million Baht in profit they will be taxed 23% for the accounting period beginning on or after January 1, 2012 and 20% for the accounting period beginning on or after January 1, 2013.

The new rate for SME companies does not have a validity period which makes it different from the corporate tax which is good from 2012-2014.

The Securities and Exchange Commission proposed a tax waiver on dividends paid by listed companies to the Royal Thai Government to encourage more companies to list their shares. The current tax is 10%. A decision on this proposal has not yet been reached but when it is we will post more here.

Making your dreams of being an entrepreneur a reality

26th Floor Fortune Town

CP Tower 2, 1 Ratchadaphisek Rd

Din Daeng, Bangkok 10400

(Phra Ram 9 MRT Station Exit 1)

Tel: 02-642-0213

Fax: 02-641-1995

Website: www.sunbeltasiagroup.com

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