Sunbelt Asia

In general, a company must show, in their accounts, either gross revenue or net profit equivalent to and not less than the the foreign employees salary to obtain an extension of non-b visa. However, while it is not law, Labor Officers may also require that the company achieve a profit in order to renew a work permit.

If the company is active but not making a profit the officer may give a 6 month period with a check on profitability at the 6 month mark or they may go ahead and give the one year work permit.

Again, it is all up to the officer's discretion

[sunbelt][/sunbelt]

From your post in Business Services, we have found two sources of meat bowl cutters,

The first is from www.kluaynamthai.net and has a 300 kg a day capacity with a bowl capacity of 25 liters x 70 cm diameter - aluminium casting for 105,930 baht including VAT and a one year warranty. The company only has one left in stock

Second one is from a company called Union Trading advertising on Sanook.com classifieds. Capacity 10 kilos per time. Bowl Capacity 25 liters x 60 cm. diameters - Aluminium Casting 220 V, 1,500 W.

Stainless Steel: 56,000 Baht

Steel: 48,000 Baht

If you are interested in contacting either of these please PM

[sunbelt][/sunbelt]

Import duties are quite high and shipping can be quite costly to Thailand. We just order a grill from the United States, for instance that cost $600, shipping was a further $600 and the customs duty $300. It is better to source things locally if at all possible.

Since we are not experts in sourcing these kinds of things I will have a moderator move this to the Housing section.

[sunbelt][/sunbelt]

All medical and cosmetic imports must be approved by the Thai FDA. A license must be obtained from the Medical Devices and Control Division of the FDA and must meet with their requirements. The process can take about three months. There was a recent raid on shops in Bangkok selling cosmetic contact lenses without a license so it is best to follow all procedures and regulations carefully for medical equipment.

[sunbelt][/sunbelt]

Thai laws require that duty and VAT must be a percentage of the TOTAL Cargo value + Freight cost + Insurance.

Hence, if the invoice shows CIF invoice, then that means this invoice already included freight and insurance, and thus, when we calculate 20% & 7% Duty and tax, we take just this invoice value.

For FOB invoice, we have to add in freight charges as well as insurance charges, since FOB invoice only has cargo value. Thus when we calculate 20% and 7% VAT, we have to take invoice value + freight + insurance. If there the shipping agent doesn't know the freight and insurance price, typically they have to assume 10% freight and 1 % insurance value based on cargo value (FOB invoice value).

Robin from Dawn Shipping has been extremely helpful and provided us with this answer since aren't in the shipping business. For those interested in a freight forwarder, Dawn Shipping can be found at 184/162 , 25th Fl, Forum Tower, Ratchadapisek Road,Huaykwang, Bangkok 10310, Thailand

662-645 2218-9, 662-938 0846, fax: 662-645 2217

www.dawn-group.com.sg

[sunbelt][/sunbelt]

There is no license necessary for this. However, if you also need to set up a company, then feel free to contact us for a free consultation on doing so, knowing your needs can give us a better idea of requirements and costs.

[sunbelt][/sunbelt]

Sorry for the delay but we wanted to confirm with our freight forwarder on this and Robin from Dawn Shipping in Bangkok gladly confirmed and provided the exact HS code for shampoo:

ASEAN signed a Free Trade Agreement with South Korea, of which, Thailand is a signatory.

Shampoo falls under cosmetics, which are regulated by the Thai Food and Drug Administration of the Ministry of Public Health.

A product registration is required prior to the actual importation and marketing of the cosmetic products. The registration process is not complicated, but could take 1-2 months. The basic documents required by the Thai FDA include:

1) a notarized Certificate of Free Sale or a Certificate of Manufacture issued by the manufacturer in the manufacturing country and notarized and

2) a full ingredient/composition listing issued by the manufacturer and notarized by a Notary Public.

Both documents have to be legalized either by the Thai Consulate or the Korean Embassy in Bangkok.

However, under AKFTA, shampoo is exempted from duty so long as the shipper uses form AK. However, if no form is used then a 20% duty would be levied.

The HS close for shampoo is 3305.10.00.

[sunbelt][/sunbelt]

In the first year, most Labor offices will allow only 2 Thai employees per work permit but 4 will be necessary the second year. Capital does not necessarily need to be paid up, but can be available in assets, it simply means that you sign a form stating you have the necessary capital in assets and or cash.

In general in order to apply for a work permit, it is required to have the VAT license since it is assumed you will need the 1.8 million in order to cover Thai salaries, operating expenses and your work permit. A company with a foreign director without a work permit won't need to pay VAT until 1.8 million, however, since you plan on importing it is best to have VAT since you will need to pay VAT to customs anyway and this gives you a way to offset those costs if you are already in the system.

Sunbelt Asia has extensive experience setting up companies and VAT as well as import licenses so please feel free to contact us for a free consultation if you need further explanation.

[sunbelt][/sunbelt]

Assuming your accountant has done annual audits and kept all tax responsibility up to date the process to close a company may take 3-6 months depending on how long the company has been in operation, the amount of assets that need to be liquidated, the amount of liability that needs to be settled and whether its books were properly maintained and tax returns filed as required by law. Without knowing any details an accurate quote for closing a business would be hard to give. Please feel free to contact us for a free consultation.

[sunbelt][/sunbelt]

In order to get a work permit you will need at least two Thai employees per work permit the first year, some officers may want to see 4. But in the second year you must have 4 Thai employees per work permit, for a total of 8 for 2 work permits.

If your friend applies for an extension of stay based on business there is no guarantee that the extension will be granted since usually Immigration wants to see an annual audit. Some Immigration officers may overlook this, but many will not. For the extension, Immigration wants to see 4 Thai employees per work permit as they tend to be stricter than the Labor Office on this in the first year.

The officers can come check and there are many reports that they do.

Minimum salary is 50,000 Baht for Americans or Europeans and we have found from our experiences in Bangkok that tax must be paid on the full amount.

A full list of documents needed can be found here: http://www.thaivisa.com/extensions/new-non-imm-b-extension-regulations.html

If you have any further questions please don't hesitate to contact our office.

[sunbeltlegal][/sunbeltlegal]

You can file a complaint with the police regarding the person issuing threats of violence but unfortunately, the police cannot do anything until someone gets hurt. The police report gives them the opportunity to focus on the person issuing the threats as a suspect.

[sunbelt][/sunbelt]

This is what is often called "key money" and it is a fee paid to the landlord or current tenent to give up their lease and introduce you to their landlord before you can move into the property and is a normal practice for areas in high demand. Key money is non-refundable but can be recouped if you sell the space on to someone else. Be sure to get a receipt for the key money paid.

One way to look at it would be as if it were prime seats to a championship game, they are in high demand and low supply so a premium is charged, you could recoup that fee if you sold the tickets on to another fan.

[sunbelt][/sunbelt]

Once you have obtained the work permit booklet through your first employer you can add the second employer for a fee of 3,000 Baht at the Labor Office where the first work permit was issued. You will still need all the same documentation from the second company that was required for the application for the first work permit. In addition, written permission from your first employer signed by the owner or Managing Director on company letterhead is necessary.

[sunbelt][/sunbelt]

The fees are listed on our website: http://www.sunbeltlegaladvisors.com/Sunbelt-Professional-Legal-Fees.php and so costs can vary depending on the company, and what your needs are. Setting up a company is generally straightforward but given that each company is different and has different needs so that giving a cost and time estimate really needs to take in all variables. You can email info (at) sunbeltasia.com with more details so you can get a free estimate or PM me your name and email and I will have one of our staff get back to you.

[sunbelt][/sunbelt]

The police would have sent a letter quite a long time ago informing you of the unpaid taxes and audits due. Most likely, after a long period of time the government would have shut it down. If you want, we can check for you to see if the company was shut down, simply PM me the name of the company and your email so we can get back to you.

Although the new company is a separate entity from the old company and there should be no affect on obtaining a work permit due to the inactive company, we strongly recommend that people do not walk away from companies but go through the proper procedures to close them down.

[sunbelt][/sunbelt]

It is much more expensive to revive an inactive company and given its been inactive for so long, the odds are high it has been closed by the Government. Additionally, if the company has not been closed it would be more complicated to get a work permit. The costs of reviving an inactive company that has not been filing annual audits would be very high as the fine can be as high as 100,000 Baht. If the company is still open you would be looking at over 200,000 Baht as a low ball figure in costs and associated fines.

[sunbelt][/sunbelt]

You can change the capitalization of the company later on to satisfy the work permit requirements and will only need to pay the capitalization fees for the difference between initial capitalization and that done later. When you first capitalize your company it is not required to show the assets or cash but to simply pay the fees which would amount to about 5,000 Baht for 1 million Baht in capitalization.

[sunbelt][/sunbelt]

The Bangkok Sunbelt Asia office forms many Amity treaty companies and we have alot of experience in this process. This could be a very good option for you as then you do not need to worry about preferred shares etc. Perhaps part of the confusion on the Amity company stems from the amount of shares each partner would hold. If the American holds more then 51% of the shares and is the controlling director then it is possible to open an Amity company. If it was, however, two Canadians and one American as the directors with signing powers,it is not possible to apply for Amity.

The best option for the person applying for the work permit is a valid non-B, some applicants "may" be able to convert a tourist visa to a non-b inside Thailand but it is more complicated with additional criteria required and not possible if the employer ( Managing director) does not have a work permit or is Thai.

The 7 shareholder system is outdated (It is now three shareholders) and you will be fine with four shareholders or even three.

The Labor Office does not look at your bank account, you sign a paper stating you have capital in 2 million baht worth of shares. If the person obtaining the work permit is married to a Thai national, then you only need 1 million Baht in capital.

As for the lease, you can put it in the booking contract that it is in a individual name but that it will convert to a company lease to be formed in the next 10 days or simply wait the 10 days. The booking contract will be torn up in 10 days and a new lease in the company name started from that day. This way its like the booking never happen. But the funds must be shown to be given on the day the lease is signed and not 10 days before when the booking contract is signed.

I hope that helps clear up any confusion.

[sunbelt][/sunbelt]

Correct, Thai is the official language and it is the Thai document that the Courts will consider, hence the need for an officially certified translation.

As for the executor question, you choose the executor but the Court must appoint them as such so they can legally handle your affairs.

[sunbelt][/sunbelt]

Contracts in English are valid, however, if there is a dispute the Court will require a translation certified by the Ministry of Foreign Affairs. Sunbelt Asia lawyers recommend having the contract in both Thai and English then there won't be a need for a translation later. If you do not feel comfortable signing a contract in Thai, then it is better to get the contract translated and certified anyway, thus avoiding any delay if there are issues.

Additionally, in response to another poster's question, a will in english is valid but it must must be translated into Thai and certified by the MFA in order for the Court to appoint the executor of the estate.

[sunbelt][/sunbelt]

The Amity Treaty does not allow US citizens or US companies to own land. Section 86 Land Code Act states: 'Foreigners may acquire land by virtue of the provisions of a treaty giving the right to own immovable properties and subject to the provisions of this Code'. However, the last treaty allowing foreign ownership of land expired in 1970 and the Amity treaty has the following restrictions:

Restricted from owning land; engaging in the business of inland communications; inland transportation; fiduciary functions; banking involving depository functions; engaging in domestic trade in indigenous agricultural products; and exploiting land or other natural resources.

Theoretically, Section 96 of the Land Code Amendment of 1999 allows the purchase of 1 rai for residential purposes through the Board of Investment. This requires a 40 million baht investment into Thailand in specified assets or government bonds beneficial to the Thai economy and approval by the Minister of Interior and only under strict restrictions and to set locations. It is not transferable by inheritance.

Also theoretically, foreigners can inherit and occupy 1 rai of land as statutory heirs but this also must be granted by the Minister of Interior. Generally, the rule is the surviving spouse has one year to dispose of the property.

[sunbelt][/sunbelt]

Sunbelt Asia has a professional team of researchers that can find the information you need in a very short time.

You can contact us here: http://sunbeltasia.com/contact.aspx

[sunbelt][/sunbelt]

Hi Terry

Import tariffs for Thailand can be found here: http://igtf.customs.go.th/igtf/en/main_frame.jsp

For Fishing equipment, under HS code 95.07:

"Fishing rods, fish-hooks and other line fishing tackle; fish landing nets, butterfly nets and similar nets; decoy “birds” (other than those of heading 92.08 or 97.05) and similar hunting or shooting requisites"

Under the ASEAN Free trade agreement of which Singapore is a member, duty is exempt with ASEAN countries and under the ASEAN- Japan FTA duty is 6.7%.

Before shipping cargo, a Certificate of Origin is required from the Port of Loading country (Shipper's country ), and FTA forms would be needed (e.g. Form D, Form E etc)

[sunbelt][/sunbelt]

The Board of Directors of an Amity Treaty company must have a majority of American or Thai citizens on the board. If there is a director who is neither American nor Thai than a Thai or American director must co-sign on all documents.

[sunbelt][/sunbelt]

While there are squatters rights, our lawyers feel that if taken to court they could argue effectively to have the rights of the landowner upheld and the brothers business removed.

[sunbelt][/sunbelt]