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Sunbelt Asia
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Actually neither "owns" the work permit - it is owned by the Thai government.
The work permit must be at the place of work when the employee is working, if the employee is working at his place of work without the work permit there could be fines of 1,000 Baht. If he has multiple locations on his work permit then he will need to take the work permit with him to work.
The original is necessary for any government agent that needs to see it and if the employment is terminated, the work permit is returned to the Labor Office.
[sunbelt][/sunbelt]
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Glad to be of help and we look forward to helping you with your contracts.
[sunbelt][/sunbelt]
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A majority owned Thai limited company with capitalization of 1 million Baht and 4 Thai employees is eligible for a work permit for a foreigner married to a Thai national. Other forms of businesses such as limited partnerships and sole proprietorships generally cannot obtain work permits.
This is the list of restricted occupations, restaurants and food preparation are not listed here:
Under Thai Law foreigners are prohibited to engage in any of the following occupations.
- Manual work
- Work in agriculture, animal husbandry, forestry or fishery excluding specialized work in each particular branch or farm supervision
- Bricklaying, carpentry or other construction works
- Wood carving
- Driving mechanically propelled carried or driving non-mechanically-propelled vehicle, excluding international aircraft piloting
- Shop attendance
- Auction
- Supervising, auditing or giving service in accountancy excluding internal auditing on occasions
- Cutting or polishing jewelry
- Haircutting, hairdressing or beauty treatment
- Cloth weaving by hand
- Weaving of mate or making products from reeds, rattan, hemp, straw or bamboo pellicle
- Making of Sa paper by hand
- Lacquer ware making
- Making of Thai musical instrument
- Niello ware making
- Making of products from gold, silver or gold-copper alloy
- Bronze ware making
- Making of Thai dolls
- Making of mattress or quilt blanket
- Alms bowls casting
- Making of silk products by hand
- Casting of Buddha images
- Knife making
- Making of paper of cloth umbrella
- Shoemaking
- Hat Making
- Brokerage or agency excluding brokerage or agency in international trade business
- Engineering work in civil engineering branch concerning designing and calculation, organization, research, planning, testing, construction supervision or advising excluding specialized work
- Architectural work concerning designing, drawing of plan, estimating, construction directing or advising
- Garments making
- Pottery or ceramic ware making
- Cigarette making by hand
- Guide or conducting sightseeing tours
- Street Vending
- Type setting of Thai characters by hand
- Drawing and twisting silk-thread by hand
- Office or secretarial work
- Legal or lawsuit services
From the Alien Occupational Control Division, Department of Employment, Ministry of Labour and Social Welfare.
[sunbelt][/sunbelt]
- Manual work
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The severance pay in this case is not less than 50% of the normal severance due rather than the full amount
[sunbelt][/sunbelt]
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In order to avoid any possible misunderstanding or conflict should it come to court, it would be best to have the letter in both Thai and in English delivered by registered mail.
[sunbelt][/sunbelt]
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Before purchasing an inactive company make sure that it has kept its annual audits and tax payments up to date. Make sure the company has no debts as well, otherwise you may find it much more costly to bring up to date than it would be to start a new company altogether. The capitalization is not necessarily simply depositing funds in a bank but can also be collateral etc. You may need four Thai employees instead of 2 the first year since its not a start up.
Its unlikely you are getting 4 million Baht in assets or cash for 50,000 Baht, most likely the initial capitalization was entered as a director's loan.
Forming a new company with Sunbelt Asia would be cheaper then 50,000 investment.
It can be costly to keep a company running as taxes must be paid, audits must be filed and the work permit office will in all likelihood not renew the work permit for an inactive company as a profit must be shown within a few years.
It would be difficult to obtain a loan for an inactive company unless you put up collaterol of your own, banks generally require the company to have a profit and trading history.
[sunbelt][/sunbelt]
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We use Robin and Kwang from Dawn Shipping.
it is not a standard 30%. Some cases it is 10% and sometimes only 1%. Depends on the equipment.
DAWN SHIPPING (THAILAND) CO., LTD
(A Member of Dawn Shipping Group)
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]
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Since its quite a long and complicated answer am PMing you the email of an associate to contact, he can help you with all your needs
[sunbelt][/sunbelt]
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Yes you would need to list potential business types in your company description in order for them to be covered legally.
If you mean would you be restricted from receiving a salary from another company, then yes but they could bill your company for consulting services on a regular basis which would negate the need for a salary paid to you directly
[sunbelt][/sunbelt]
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Yes, they would be the same requirements, Permanent residency does not make any difference as far as rights of ownership go in Thailand, you would still need to either open a representative office in Thailand or a Thai limited company
[sunbelt][/sunbelt]
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Hi Andrew
No, you do not need to show 2 million Baht in the bank in order to obtain a work permit. If you would like some help in obtaining the work permit, please don't hesitate to get in touch with us.
[sunbelt][/sunbelt]
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You would be required to obtain a non-B visa (or non-o if married to a Thai spouse) and a work permit. Working on a non-OA is not permitted. You could set the company up as a representative office since you would be engaging in activities that would earn limited revenue. Representative offices are restricted to :
1. Searching for local sources of goods or services for its head office.
2. Inspecting and controlling the quality and quantity of goods procured by its head office.
3. Providing advice in various fields relating to products directly sold by its head office to local distributors or consumers.
4. Disseminating information about new products and services of its head office.
5. Reporting to its head office on local business developments and activities
A representative office is required to remit into Thailand a total of Baht 5 million over a period of five years, with Baht 2 million being remitted within the first year to cover operating expenditures. These funds may not later be remitted out. The capital may be used for normal working capital requirements, e.g. to pay operating expenditure such as salaries and rent.
Another alternative to that would be to set up a Thai Limited Company with minority ownership, which would not need to have 5 million Baht remitted, but would need 2 million Baht in capitalization and 4 Thai employees needed in order for you to obtain a work permit.
The benefits of a representative office is that it can be owned 100% by the foreigner. If you are simply exporting then you can also own it 100% as a foreigner.
There are several requirements for a foreign company to set up a representative office in Thailand, if you wish to go into detail, please feel free to contact Sunbelt for a free consultation.
[sunbelt][/sunbelt]
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Sorry but it isn't possible under the Amity treaty. Americans must have controlling interest over the company.
[sunbelt][/sunbelt]
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Neither of your proposed company structures would be allowed as 51% of the shares must belong to Americans (the US Embassy website is correct). Other nationalities cannot exceed 49% in total. ie US: 51% UK: 48% and Thai: 1% or variations thereof where US shareholders own 51% of the shares.
[sunbelt][/sunbelt]
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The biggest issue here is not about trust but about potential liability. There is potential unlimited liabiity in a limited partnership for both partners or sole proprietorship. Limited companies are good for most people because of this fact.
For example, it would most likely not be needed for something like a small bookstore, not many people die reading a book, however, it would be for any massive debt the owner ran up.
It really depends on a case to case basis, your best option is to speak to our legal advisers about your specific needs and potential liability issues.
[sunbelt][/sunbelt]
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Hi Northswede, you don't actually need 2 million Baht in cash to start a company, what you need to do is have is 2 million Baht in registered capital, this can include stock and equipment, as well.
[sunbelt][/sunbelt]
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Your best option is to give them the address of your residence in Thailand, there are firms that will accept that to open a trading account so if one won't accept it, try another one.
[sunbelt][/sunbelt]
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As for your first question, you can import, buy, sell, re-sell any authentic branded apparel in physical shop if you do not use their brand name as the store name or claim that you are their auhorized dealer or licensed branch.
The 2nd question regarding Exhaustion of rights, Exhaustion of Rights pertains to Copyright and Patent but not to Trademarks. Trademarks or Trade names are protected indefinitely, while the product, whether technology, medical or a drink is patented and would have the "Exhaustion of Rights."
And finally, lets say you set up "Mark's Fashion Outlet" and you sell "Calvin Klien" and Gucci or other branded apparel in there...I don't think any of the fashion house will stop you and they can't stop you. You went in to a Gucci store and you paid the money for goods. On the receipt, they did not forbid you from resale. Let's say you then take the goods to Thailand and sell it in Mark's Fashion Outlet, it's perfectly legal. Just don't name your outlet "Gucci" or make any claims or any action which may lead consumers to believe that you are a licensed store. If they don't want you to sell their goods, they will simply not sell to you. You can't be buying direct from their factory in China either as normally they will have an exclusive contract with the factory not permitting the factory to sell their designed products to a third party.
[sunbelt][/sunbelt]
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Working online is a grey area in Thailand, Thai law states that you must have a work permit to work in Thailand but as it is difficult to tell that you are working, they may not actually enforce it.
If you are not getting funds from the site and its a labor of love or a hobby then its like anybody on any website. However if you are getting funds from it and are working, then you would need a work permit in order to be fully legal.
Generally the only way to obtain a work permit for your own business is to set up a Thai Limited Company with 2 million baht in capital and 4 Thai employees (the Labor Office may allow 2 the first year) in order to obtain a work permit.
[sunbelt][/sunbelt]
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Law is one of the restricted professions and foreign lawyers are not allowed to practice in Thailand. However, they are allowed to act as consultants. If you are in Bangkok you can contact Sunbelt Asia to discuss your issue with one of our consultants.
[sunbelt][/sunbelt]
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While it is easy for a Thai to register a sole proprietorship, registering a Limited Company is a different kettle of fish and requires far more documentation. The application itself is about 30 pages long. An accountant must be involved in the initial setup so that all books are correct, and all documentation and paperwork must be in Thai. The odds of it being approved on first submission of the paperwork would be very high since there is quite a bit of paperwork involved.
If you wanted to be a shareholder in this company (and if you are involved in it financially in anyway, this is the safest way to protect your investment) than a lawyer really needs to be involved. Sunbelt Asia's professional fees for company registration is 7.500 for the setup and that includes the first month of accounting fees.
Please feel free to contact us for further information
http://www.sunbeltlegaladvisors.com/
[sunbelt][/sunbelt]
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It would be easier for her to start a business here in Thailand. The safest option for you and that offers you the most protection would be that you both start a Thai limited company with you as a shareholder. Since you don't need a work permit, the company does not need the usual 2-4 Thai employees at the beginning. You will be a minority shareholder, but you can weight the shares in a way that offers you greater control if you wish.
Sunbelt Asia has alot of experience setting up these kinds of companies and our lawyers speak both English and Thai if your wife wishes to contact us for a consult
[sunbelt][/sunbelt]
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The mother of the child must sign an "Affidavit to establish paternity of child" before a US consular officer. You will need to sign a sworn statement, the Affidavit of Paternity and Statement of Support acknowledging paternity and agreeing to provide financial support for the child until the child is 18 years old or show the Thai birth certificate which lists you as the father, or paternity is established by a competent court before the child reaches 18 years old. This will enable your child to obtain US citizenship.
[sunbelt][/sunbelt]
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Most Work Permit offices require a Limited Company to issue a work permit. The company can have a capitalization of 1 million Baht when the person applying for the permit has a Thai spouse, and 4 Thai employees that have social security being paid (often the office will allow 2 the first year but 4 employees will be required the second year).
For protection of your rights as a minor shareholder, we recommend a limited company. You can have diffrent class of shares giving you more protection then a limited partnership.
In general, Work Permit offices will not issue work permits to partnerships or sole proprietorships, so its best to check with your local office before starting to form a company
[sunbelt][/sunbelt]
Sme And Corporate Tax Reduction
in SME Business in Thailand
Posted
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.
[sunbelt][/sunbelt]