Sunbelt Asia

Sunbelt Asia explained the experiences they have had recently at Immigration in obtaining a retirement extension to Thaivisa in the original report.

Our experience over the past month has been that the Immigration officer requires proof of income in addition to the certified letter from the embassy or consulate.

As with all things involving government officials in this country, your experiences may be different and can vary from office to office, officer to officer and even day to day depending on the officer.

[sunbelt][/sunbelt]

If your wife sets up a 100% Thai owned limited company then 4 Thai employees on which social security is paid are required. It is not advisable to set up a sole proprietorship or limited partnership as the Labor Office rarely if ever issues a work permit for these kinds of companies.

If the company is partially owned by a foreigner then 2 million baht in capitalization (since you are married to a Thai national) and 4 Thai employees is required.

For your own financial protection, Sunbelt Asia generally recommends the second course of action, a majority owned limited company in which you are a shareholder.

As you are already aware, an English language school requires certification from the Ministry of Education. The Ministry of Education also requires Thai majority ownership and a Thai director.

[sunbelt][/sunbelt]

It is a fairly simple process to change your company name but you will also need to change your company objectives as well, this is all assuming that you have kept the company legal by filing annual audits despite its inactivity.

Sunbelt Asia charges 6,754 Baht in total for legal and professional fees to change a company name and 6,204 Baht for legal and professional fees to change a company objective. It takes about 3 weeks for the Ministry of Commerce to process the change and then 1 week for tax and VAT.

Closing a company and starting a new one would cost upwards of 70,000 Baht and would take up to 3 months or more.

[sunbelt][/sunbelt]

With a corporation the company can declare 100% of the costs as a tax deduction as part of employee training. However, it would not be allowed on an individual basis. as only life insurance, charitable donations and investment in LTF/RMF is deductible for individuals.

[sunbelt][/sunbelt]

A person with a retirement visa cannot obtain a work permit.

If you wish to own shares in the company but not work as a managing director (ie no signing privileges) and have no responsibilities other than as a shareholder then you would not need a work permit.

However, even if you do not do any work but only have signing privileges for documents related to the company then a work permit is required as it would also be if you intended to work in a a management capacity. You would need to obtain either a non-b visa or a non-o visa based on marriage to a Thai national in order to apply for and obtain a work permit.

[sunbelt][/sunbelt]

The following documents are required to obtain a Thai boating license for a Thai registered vessel:

* A passport

* A letter of residency from the Immigration Bureau or the applicant's Embassy in Thailand

* A medical certificate

* All relevant licenses and documentation showing foreign licenses and experience

While it may be possible to transfer a foreign license without having to take the exam all papers verifying past experience should be taken to the Harbor Office. If you do have to take a test then it may be necessary to take a translator as it may not be in English.

This is for non-commercial pilots, however.

[sunbelt][/sunbelt]

This website offers real time valuations on gold and silver as well as a few other commodities.

http://thaigold2.info/

While most of the content is in Thai, the bar at the top is in English.

[sunbelt][/sunbelt]

Call the Thai Consumer Protection Board at their hotline -- 1166. They will investigate the matter. The Office of the Consumer Protection Board (OCPB) initially will try to mediate and to resolve this dispute, if no mutual agreement can be reached and if OCPB feels that you have a case against True, they would then proceed with legal action, which they would process and then make their ruling within 41 days (approximately).

[sunbelt][/sunbelt]

If your work is directly related to the making of jewelry then a work permit would not be possible as silver and goldsmithing and gem cutting are occupations restricted to Thai nationals. However, assuming you set up a valid Limited Company that met all other requirements then you would be able to get a work permit if your work was strictly management and/or administrative. Additional licenses may be required depending on the company's objective. If you set up your production line here in Thailand then a factory license would be required.

[sunbelt][/sunbelt]

The Ministry of Interior has made it very clear that retirement visas are for retirement purposes only. It is highly unlikely that a Labor Office would issue a work permit for a retirement extension since it is clearly marked in the passport. Someone may have had a work permit on a non-O based on marriage or a non-B visa and then during the year, changed their visa but not informed the Labor office. In that case, the Labor Office would not renew the work permit as working is not allowed on a retirement visa.

If a mistake was made and a work permit was issued then, once it was found out, the work permit would be immediately canceled. As stated, the Ministry of Interior is very clear about retirement visas and have stated publicly that “Retirees are not here to work. Their visa is issued for one particular purpose and they have to adhere to that.”

[sunbelt][/sunbelt]

Your wife can apply for a Sole Proprietorship (Commercial registration) at the local District Office (amphur) where she intends to open the business.

Its best to contact the District Office to determine what documentation that particular office may require. Be aware that she will need to declare and file a semi-annual and annual income tax. She will also need to determine what, if any, other licenses will be required. For example, selling of food, alcohol or cigarettes, playing music all require separate licenses.

The mortgage would depend on the bank, some require 2 years of operation, others 3. Her best option would be to shop around for mortgages once her business has been in operation at least 2 years.

[sunbelt][/sunbelt]

A Thai national can open a small business in her home, but to do so legally she should apply for a Sole Proprietorship (Commercial Registration) at the local District Office (amphur). She could also apply for a food license at the District Office.

It is the resonsibility of the Thai business operator to declare and file tax half yearly and yearly.

Additional licenses may be requirde depending on the extent of her business, such as selling alcohol beverages, cigarettes and to play music at her shop. If she decided to have a sign in front then she would also be liable for an annual sign tax. Sign taxes are calculated by the size of the sign; length multiplied by width using the basis of square centimeters.

The following are the rates of the sign tax per 500 Square centimeters

· 3 Baht for signs with Thai alphabet only

· 20 Baht for signs with mixture of Thai alphabet and foreign alphabet / pictures / other signage

· 40 Baht for signs without Thai alphabet or with Thai alphabet, but located under the foreign alphabet

The Sign tax must be filed and submitted to the local revenue office (using the form Phor Por 1).

[sunbelt][/sunbelt]

While a ordinary partnership would not be required to be registered with the Ministry of Commerce, it would be required to be registered with the Revenue Department. Such registration requires all partners to be Thai and the liability is unlimited.

And while a foreigner can be a partner in a Limited Partnership, a work permit is not likely as the Labor Office does not grant work permits for either a Ltd Partnership or a Sole Proprietorship in most cases. The Managing Partner (similar to the Managing Director of Ltd company) would have unlimited liability.

Sunbelt Asia does not recommend to our customers to get involved in this kind of business arrangement as there is very little protection for the partners. A Limited Company provides much more protection to the investor and is a much safer route to do business.

I need to forward this to the Command in Chief, U.S. Embassy Bangkok, Commander, Pacific Command for the U.S. Miliarty. I know the personnel from the United States military do not have work permits, when they voluntarily rehab Thai schools, orphanages and other such places. They even perform medical and dental procedures on Thai citizens. According to this news article all of that is illegal and everyone is subject to arrest, is this correct or is there some type of other agreement?

Military personnel are here on agreement with the Thai government and would fall under one of the following rules:

Exemptions from the Work Permit requirement are granted to the following people:

• Representatives of member countries and officials of the United Nations and its specialized agencies
  
• Persons who perform duties on missions in the Kingdom under an agreement between the government of Thailand and a foreign government or international organization
  
• Persons who are specially permitted by the Government of Thailand to enter and perform any duty or mission in the Kingdom.
  

[sunbelt][/sunbelt]

Dependent visas, either on a retirement visa or on a working foreign spouse, are not eligible for work permits. If your future wife wishes to work she would have to obtain a non-b and work permit through her employer

If a foreigner is involved in the production process he or she would need a work permit and valid visa in order to operate the business.

However, if the foreigner is only involved in sourcing then they may have the supplier undertake the export process for them.

[sunbelt][/sunbelt]

The problem here would be that if there were a dispute it would depend on the location of the company entity and the laws and Courts of that country under which it operates, not under Thai law as the company would not be based in Thailand.

[sunbelt][/sunbelt]

It's still under discussion, as it would be difficult for implementing such laws:

Not so difficult for less populated areas, but for populated areas (major and tourist attraction provinces) it would be very difficult.

The Section in the Alcohol Controlling Act B.E.2551 that they would like to emphasis is section 27 subsection (8) where they initially stated that any other location that the government (Committee) sees that it would be appropriate. The 100m distance is not in discussion, but the 500m is the government's preferred distance.

A three month trial period before application for a work permit is not allowed and would mean you are working illegally. While some Labor Department officers may allow you to work while the application is under consideration it is entirely up to their discretion. In cases where employers have ignored legal advice and started employees working while the application has been submitted but not yet approved, officers have called us to confirm that the application has in fact been submitted and allowed it but not all officers may do so and it can be considered illegal to work before the actual work permit has been issued.

[sunbelt][/sunbelt]

It is illegal to sell alcohol within 500m of the boundaries of the Wat, regardless of whether or not its a bar or grocery store.

It is possible someone reported the bar, but it should be noted that it is illegal for anyone to sell alcohol within that 500m radius

[sunbelt][/sunbelt]

The customs tariff will depend on both the type of clothing and the material it is made of but, unless you are importing products with origins from an ASEAN country, or one that has an agreement with Thailand, the tariffs can be quite high.

A detailed list of duties on textiles can be found here:

http://igtf.customs.go.th/igtf/findTaffDuty.do?param=main&contCode=s11&contGrupCode=MM50%20&lang=e

Additional taxes can be found here, again it depends on the duty as you can see by the sample calculations

http://www.customsclinic.org/index.php?option=com_content&view=article&id=383&Itemid=312&lang=en

[sunbelt][/sunbelt]

While it is possible to get an Amity treaty sole proprietorship, new applicants cannot get a work permit on a sole proprietorship. If you already have a sole proprietorship with a work permit an extension would not be possible as Immigration only accepts applications from Limited Partnerships and Limited Companies. They do not recognize natural entities.

Additionally, running an export business is not a restricted business for foreigners so the company would not be accepted for Amity as only restricted businesses qualify. Since the business you plan to open is not restricted then the simplest solution would be to open a Limited Company with you holding 99.99% of the shares and two other shareholders holding the remaining one share each. With this you can apply for a work permit and extension of your Non-B visa. Otherwise you will need to go the usual route of a majority owned Thai company.

If Sunbelt forms your company, we can sponsor you for your 1-Year Non-Immigrant “B” - Multiple Entry Visa which will be issued at the discretion of the Embassy or Consulate. Note it is generally easier to get one at an Embassy in the US or Europe than in Asia where many consulates and Embassies are no longer issuing them. However, again it is at the Embassy or Consulate's discretion. After you form the company, depending on the Immigration officers discretion, since you are a new start- up, based on registered capital and other factors, you can apply for a extension of stay based on business. If you are not accepted for the first couple years then you will need to show two audits as required by law. You would need to travel outside of Thailand every 90 days until the extension is approved.

Further information on Sunbelts fees can be found on our website: http://sunbeltlegaladvisors.com/

While you don't say if you have signatory authority, if you do then you would need to check the signing conditions as set down. For example, the conditions may only require the signatures of two directors with signing authority.

However, in general, in order to move a company it is necessary to call a shareholders meeting (with a public announcement as well as private notification to shareholders) where changes must be approved by a majority vote. Changes of auditor/accountant can be done by a directors meeting only.

[sunbelt][/sunbelt]

Sunbelt Asia is part of the world's largest business transfer specialist company, Sunbelt, which was formed in 1979 in the U.S.A. Starting out as a single office in Charleston, South Carolina; the Sunbelt Network has grown dramatically to become Internationally renowned, with over 350 offices located throughout the world.

Sunbelt Asia is a member of the International Business Brokers Association, the Institute of Certified Business Counselors and the American Chamber of Commerce in Thailand. We act as Independent Business Transaction Intermediaries, serving both buyers and sellers, and we specialize in mergers and acquisitions in the small to mid-market arena, not only in Thailand but internationally as well.

We also work with franchises looking to expand to Asia, and help to develop franchises for local Thai firms. Our Business Immigration Lawyer can help in attaining Visas, Work Permit, Licenses, Company Establishment and other legal services for foreigners who are looking to reside or own a business or property in Thailand.

Website : www.sunbeltasiagroup.com

We are looking for the candidate who is mature, efficient and self-motivated to join our team in the following position :-

Customer Support

Qualifications:

* Thai nationality, Male or Female applicants accepted

* Bachelor's Degree in any field

* Excellent in interpersonal, organizational and communication skills

* Hard working with strong analytical and problem solving skills.

* Deals well with clients and co-workers

* Computer literate in Microsoft Office

* Good command of the spoken and written English

* Fresh graduate is accepted

Job Descriptions:

* Coordinating with Foreign Clients and Officer.

* Sending account summaries and updates to clients.

* Advising on legal and accounting issues.

* Knowledge of registration of VAT and Social Security will be advantaged.

* Full Training will be provided.

Sunbelt Asia Co., Ltd.

Fortune Town Building, 26 Floor, 1 Ratchadapisek Road,

Dindaeng, Bangkok 10400

Tel: 02-642-0213 Fax: 02-641-1995

Contact by PM

Sunbelt Asia Co., Ltd.

Sunbelt Asia is part of the world's largest business transfer specialist company, Sunbelt, which was formed in 1979 in the U.S.A. Starting out as a single office in Charleston, South Carolina; the Sunbelt Network has grown dramatically to become Internationally renowned, with over 350 offices located throughout the world.

Sunbelt Asia is a member of the International Business Brokers Association, the Institute of Certified Business Counselors and the American Chamber of Commerce in Thailand. We act as Independent Business Transaction Intermediaries, serving both buyers and sellers, and we specialize in mergers and acquisitions in the small to mid-market arena, not only in Thailand but internationally as well.

We also work with franchises looking to expand to Asia, and help to develop franchises for local Thai firms. Our Business Immigration Lawyer can help in attaining Visas, Work Permit, Licenses, Company Establishment and other legal services for foreigners who are looking to reside or own a business or property in Thailand.

www.sunbeltasiagroup.com

We are looking for the candidate who is mature, efficient and self-motivated to join our team in the following position :-

Lawyer

Qualifications:

* Thai nationality, Male or Female applicants accepted

* Bachelor's Degree in Law required; Licensed Lawyer is preferred

* 2 or more years of experience in a law firm or worked in a position that involved coordinating with Thai governmental organization(s)

* Excellent in interpersonal, organizational and communication skills

* Hard working with strong analytical and problem solving skills. Deals well with clients and co-workers

* Computer literate in Microsoft Office

* Good command of the spoken and written English language

Sunbelt Asia Co., Ltd.

Fortune Town Building, 26 Floor, 1 Ratchadapisek Road,

Dindaeng, Bangkok 10400

Tel: 02-642-0213 Fax: 02-641-1995

Contact by PM