Sunbelt Asia

can we organise it in BKK or do you have a facility to do it in Khonkaen

We would do the draft in BKk and then fly to Khon kaen to register the usufruct.

Is it better to wait a few months to do a Usufruct, after your wife purchases the land, before registering a Usufruct at the land office? A friend of mine told me, that they don't like to see it done right away, buy a Thai wife, who buys it and then wants to give her husband a Usufruct at the same time?

would nver wait for two months. God forbid the owner of the land dies in the meantime. Max would be one week between purchase and usufruct but with many land offices its no problem to do it at the same time.

as i understand the use of usufruct, you also need to add another couple of documents - the person owning the land should have a will which specifies to whom the land passes to on their death and that the usufruct will be honored and the usufruct is willed to the survuor;

The usufruct is honored if the land owner dies no matter if a will has been drafted or has not been. However we do reco a will to be drafted as a foreign husband can own up to one rai if its been willed to him. ( subject to government approval)

second there is an agreement between the person who is the registered owner and yourself regarding the use of the land and the disposal of the land, buildings, usufruct if you want to sell.

This can also be in the usufruct agreement about any possible transfer.

Please note if you build a building. This building can be registered in your name and you can transfer it to whoever you want. You also are the property manager so you can issue a lease to the new owner of the building.

www.sunbeltasiagroup.com

what would an approximate cost be ?

Depends on the land office on the government fee. We have done some usufructs with government fees around 100 Baht. Some land offices wanted a higher tax of up to 15K

Our professional fee on drafting the usufruct is 9,500 Baht. For registration at the Land Dept its 8,500 Baht.

Is there a limit to how much land my wife can own, if she is legally married to me?

No limit

Is there a limit to the amount of Chanots included in a Usufruct?

No limit as well.

www.sunbeltasiagroup.com

Just wondering if there is a way to get 1 Year B extension based on working for a Thai sole proprietor?

No way and no way if its a foreign sole proprietor to get a extension of stay based on business.

www.sunbeltasiagroup.com

I am in the process of talking with some of TV's sponsers about getting an usufruct.

Has anyone anything good or bad to say regarding usufructs?

CC.

I've been looking into Usufructs myself. A friend of mine had one done by Sunbelt Asia, if I remember right and he is very happy.

However, I would look into the legality of a Usufruct, if you are doing it with a Thai wife. From what I understand (please correct me if I am wrong), a Thai wife of a foreign husband is not allowed to buy property with his money. She has to be able to show proof that it is really her money, that the land was purchased with. If in fact you do a Usufruct with a Thai wife, it can later be questioned by the government, as I understand it.

I would love to get more info on this subject, too.

A usufruct does not give ownership rights; the land would still be in the owners name. What a usufruct does do… allows a servitude to be registered at the land Dept, (in this case) that the wife has given the husband the right to be the “manager’ of the land. That means he can register a lease to a third party or live there on the land.

The odds are very remote, the government would ever question a declaration that has been given after the land has been registered, because of a usufruct being registered later to him.

The money she earned to buy the land could have been a gift, earned by doing a research project for her husband, whatever the case it is. The husband states in the declaration " I have no rights to this money or land that she will buy with these funds; it’s my wife’s funds to do what she wants." The usufruct does not give ownership rights of the land, it only gives her husband management rights on the land. This is an important distinction between being a owner and manager.

She also should file a supporting statement with the usufruct why she has decided to grant her husband a usufruct and she understands he will be the manager but she still and will always be the owner of the land unless she transfers it.

www.sunbeltasiagroup.com

I think this is well worth watching - I love the way, at the end, the margarita glass is bigger than her!

Video does the food justice also, makes me hungry just watching it...

Thanks. I agree.

Not sure how they make money ( didn't cost me a baht) but they sure did a super video with Sunrise Tacos.

www.sunrisetacos.com

Article 7. The criterion under paragraph one shall be reduced by one half in the case where the permit applicant alien has a Thai spouse in a lawfully registered marriage and in open cohabitation.

It means if you are married to a Thai, than your employer only needs to employ 2 Thais. If you are not married to a Thai, then the natural employer needs 4 Thai employees to hire a foreigner.

www.sunbeltasiagroup.com.

I am not clear - do you mean that the labor department might require an income of 14,400 baht?

Yes or even higher. It just depends on the Labor Dept.

3) Is there a Khorat labor department? Or do work paper aplications need to be done in Bangkok?

One in Korat.

www.sunbeltasiagroup.com

If married, you have to show 40k and presumably pay tax on it..

You may have to show 40K or perhaps just 400,000 K in the bank if you have been grandfathered in before Oct 1st 2006.

The cheapest way to do that is to both earn 20k

Why is it cheaper? You both have a combined income on the tax return at the end of the year.

Another way, your wife starts up a small business. She employs 2 other Thais and you can work for her on a low salary, say Bt15k and get a WP. Then you do what for your visa ? Can you get a visa on that 15k (or whatever) salary ?

If you make 15k and she makes 25K per month, yes you can get a extension of stay permit if you were not grandfathered before Oct 1st 2006. If you were grandfathered, cheaper to show the 400K and for you to get a 15K salary and if your wife had a loss on the business, this still would be ok.

The catch is that you need a Thai Managing Partner who is the partnersip's director and that person will have unlimited liability. Your liability would be limited to the extent of the partnersip's capitalisation.

Not 100% correct. A partner of a limited liability partnership is liable for other partnership debts and obligations as well as for their own negligence, malpractice or wrongful acts, or misconduct, and that of any person under their direct supervision and control. If a limited liability partner manages the organization or gets involved in the day to day operation, liability becomes unlimited.

www.sunbeltasiagroup.com

Hi,

Thanks everyone for your responses!

I missed most of this thread as I was getting ready to move to Thailand.

I now live in Isan with an "O" visa based on my marriage to my Thai wife.

She has a sole proprietorship which she just started and my questions are in case I want to work here. I prefer to keep things legal and taxes low....

It seems that with two employees I can get a work permit and she can hire me if I have a reasonable salary.

Basically, I would be helping her communicate with her customers outside of Thailand mostly in the USA, on the phone and via email - thats it.

So maybe a salary of 8,000 baht might work?

If you are trying to avoid having to pay tax on the salary, it could be up to around 14,400 Baht per month.

As for *8K" just depends on the labor Dept. Sometimes that amount is ok, sometimes they want more so you will pay tax, just depends. No set rate like you'll find if you were applying for the extension of stay based on business( Which I understand in your case is not needed as you have a extension of stay based on marriage)

www.sunbeltasiagroup.com

I'm happy to give 10% of the profits of the restaurant with the Thaivisa members with a big thank you party.

Oh yeah? When will that be? Look forward to it!!!

Not sure, have to talk with George. Sometime after high season I surmise.

www.sunrisetacos.com

9:05 pm. Already closing up shop, one staff left as I got there (two remained). Asked for a ground beef quesadilla.

When it arrived, there wasn't enough beef to fill a taco, let alone a quesadilla. Immediately returned it and they fixed it.

I'm not so sure I want to blame Sunrise's staff for packing up early, I have this distinct feeling most of the restaurants there start to close down at 9 because of peer pressure.

Someone, maybe all of us, need to take this up with Food Hall/Emporium management. They lose money as well so undoubtedly they would not be pleased to receive complaints.

Was this just recent again?

Regards

Greg

I am assuming that you are not US citizens? If I understand it correctly then, you can only own 49% of the company the other 51% has to be owned by Thai nationals.

This is correct unless they go BOI for the IT part, then it could be 100% foreign owned. For the tour operator this would not qualify under the BOI.

www.sunbeltasiagroup.com

Taste USA, created for those who love to experience the real taste American foods and beverages;

Yup, Beef Jerky and other made in USA goodies, my Dr.Pepper, Krispy Kream baked fresh? I'm into food and stuff, hopefully this year they would organize it better, more selection and stuff.

Bought a crate of bing cherries last year there. They were awesome. Great promotion price as well.

By the way, the Princess will be there Friday morning so the doors will open to the public at noon.

www.sunrisetacos.com

I made a post few days ago looking for some info about this but my title was not clear..so i decided to make a new post. Sorry about that.

So about 1 year ago, i was able to obtain a non imm B from the immigration office in bkk (i brought with me all relevant documents: transcripts, letter from my school..).

I just started a new job and have been told that now one can only get a non-imm B at a Thai consulate outside Thailand. Is that corect?

Thanks

Depends if your employer meet the criteria such as number of Thai employees per work permit, etc. If they do and you have a 30 day tourist visa exemption stamp with at least 21 days remaining on this stamp , you can change it to a 90 day non "B" inside Thailand and then later extend this to a one year extension of stay based on business permit.

www.sunbeltasiagroup.com

And do we need to open two companies since its two different areas? If we need to be classed as a tour operator, would it be to our advantage being classed as one?

You only need one company

If we operate as a tour operator and have to appoint a Thai manager who manages finances and the staff, do we then lose control over the business (we've been told we have to appoint a Thai manager)?

Not required

Once we operate a company, do we still need to leave the country on a regular basis?

Until the company files an annual audit that shows previous years gross sales higher than the foreign salaries for the current year. Must meet other criteria as well such as 4 Thai employees per work permit to get the extension of stay based on business. No such requirement for the work permit.

www.sunbeltasiagroup.com

http://www.thailand4.com/news/2007-09-18/0...-fair-2007-the/

The American Chamber of Commerce in Thailand joins forces with the U.S. Embassy to host the USA Fair for the second year. Taking place at Royal Paragon Hall 3, Siam Paragon during October 5-7, 2007, leading American companies have accepted the invitation to showcase their services and products reflecting the real American lifestyle and Culture. The event is expected to attract over 100,000 visitors.

The President of AMCHAM Thailand, Mr. Paul Acito, said at the Press Conference today that the progress of the event organization is over 90% complete. The USA Fair 2007 will definitely be greater than last year. More than 60 companies have already confirmed to exhibit and sell top American branded services and products at the event, which will be a gateway to real American lifestyle experience for Thais and will also enhance trade relations between the two countries. Part of the proceeds after expenses from the 3-day fair will be donated to Princess-Pa Foundation, Thai Red Cross Society.

USA FAIR 2007 has a blend of 5 main zones consisting: Travel USA, which will gather travel agencies and airlines offering special promotional packages; Retail USA for the showcase of consumer goods from the US; Education USA, designed specially for parents who want to send their kids to the US-based high-standard international schools; Taste USA, created for those who love to experience the real taste American foods and beverages; and Lifestyle USA for those who prefer high technology products.

Mr. Acito stated that “The highlight of this years exhibition is the showcase of variety of products and services, which cover many business sectors ranging from airlines to travel agents, educational institutions, foods, fruits, wines, medical and health products, cosmetics, kitchen equipment, books, toys, fashion apparels, and technological products such as the latest innovation of General Motors, which manufactures Chevrolet and the latest models of the legendary Harley-Davidson Motorcycles.

"USA FAIR 2007 is suitable for everybody at any age or sex, both Thais and foreigners, who desire to experience the real American lifestyle. In addition to the demonstration of large variety of American products, the exhibition event will also enhance trade relations between the two countries, which have been established for a long time," he added.

USA FAIR 2007 has received very good support from five major American companies, which have strong business foothold in Thailand, namely American International Assurance (Thailand) Co., Ltd (AIA), Amway (Thailand) Co., Ltd, General Motors (Thailand) Limited and Chevrolet Sales (Thailand) Limited, Harley-Davidson of Bangkok, Thailand, and Pepsi-Cola (Thai) Trading Co., Ltd. The exhibition will be organized for three days. It is expected to attract more than 100,000 visitors.

Sunrise Tacos has been invited to the event and will be serving delicious tacos and burritos as well. See you there!

www.sunrisetacos.com

Thanks for another excellent Burritto yesterday. One thing I must say is that the new forms you have people fill in are much better and much clearer than the previous ones. You know exactly where you stand with what you can have on, what would cost you extra, etc. Much improved.

Thanks. Must say the Thaivisa forum has been a great way to make us better. Its the reasons why I'm happy to give 10% of the profits of the restaurant with the Thaivisa members with a big thank you party.

Thanks again for stopping by.

www.sunrisetacos.com

Please bring back the fresh pico de gallo. It was delicious and in my opinion far superior to the mild salsa I was given the last few times. I guess I could make my own, but I'd really prefer to get it in the store.

It was the same recipe last week, just a machine ( Robot Coupe RD Ultra http://www.robotcoupeusa.com/products/prod...info.php?id=18) was dicing the tomatoes instead of my hand. They were dicing 30- 50 kilos of tomatoes by hand up to then. I bought the robot to help make the job easier but the machine simply does not dice as good as humans ( even though this machine cost 60K) so we are back to hand labor this past Friday. Should be the same now as you were used to.

By the way, it was their idea to switch back to doing it by hand because I think it must be one of the most boring jobs, dicing tomatoes all day. But Boss "its not suay and not taste as good"

www.sunrisetacos.com

Actually, the taste was gone... and it was so watered down that I couldn't use a fork to pick it up to put on my quesadilla. Perhaps the distributor should ask the factory for a refund for substandard goods...

Did enough moaning today that I got a special shipment in today, so were back in business with the thick and creamy.

Fair enough, and they were friendly enough as well. But part of the problem lies with Food Hall management as well, I notice they have the comment forms out now so I will use them - but perhaps you can have a word with them about keeping the Food Hall open normal hours and employees taught to work normally - they start taking all the place settings at 9 pm as well. Very irritating.

It's always been a pet peeve of mine even at our Siam Paragon Branch ( Subway) the staff breaking down early. One night, my wife and I found five of them dancing to the music in the kitchen with a hour to go before the mall closed! They had turned the kitchen into a Disco. The reason" No customers then" Heck if your steam table is broken down with no food left and chairs up on the tables, kinda hard to get customers!

One reason I love being open 24 hours at most of our places. Never have to worry about this madness.

www.sunrisetacos.com

Question for the lawyers on here / Sunbelt:

Currently i have a termination / severance dispute and need advice upon the following.

Though my ex-employer's Thai company provided me with a work permit in their name, that Thai company made payment to me (not their head office in USA) and I paid my Thai income taxes, is it possible for me to be employed in Thailand but not covered by the Labour Protection Act of Thailand?

Reason I ask is that my ex-employer's argument is that I am employed here in Thailand but under the laws of another country - would that argument hold up here in the Labour Court?

My ex-employer's argument is that I have a employment contract with one of their companies which is not their Thai company to work in Thailand, the employment contract refers to the law of another country than Thailand, therefore the severance laws of that other country and not Thailand apply to my termination of employment here in Thailand - are they correct?

Cheers.

You are protected under the Labor Protection Act of Thailand but the contract will be important to what you have agreed to.

www.sunbeltasiagroup.com

Sour cream is watered down and unfortunately nothing I can do about it till the next shipment comes in Monday. Factory admitted to the distributor they did it as they couldn't pass on the 50% price increase till Monday so they did a " TIT." It is not a bad taste just not creamy like it should be.

As for the Emporium closing early. Thanks for pointing it out. Can't ride the Mgr too much as he is covering for the Swings shift Mgr whose Grandmother died so hes working this week from 7 a.m. till 10 p.m. Will do a surprise visit one of these nights soon just to keep them on their toes.

Good to hear you are now happy. Thanks for your comments, its how we get better.

www.sunrisetacos.com

Thank you George for posting this.

It's hard to believe. I tried a veggie burrito that was supposed to be filled with "fresh grilled vegetables". The wrap was filled with limp and tasteless onions and jalapeno peppers. If it wasn't for the "free Spanish rice", the burrito would have been as thick as a cigarette. Too, I paid an extra 29THB for sour cream and cheese, but neither one was evident in my burrito. Everyone else in the restaurant ate tacos, and I guess that's their big seller.

Sorry to hear that. The grilled veggies would be grilled bell peppers and onions. We'll also be offering grilled zucchini and squash as an additional veggie option on Oct 18th when we expand in a second bigger storefront in the complex.

You can get also free with the veggie burrito... black beans, raw onions, lettuce, choice of salsa, one choice of cheese or sour cream. On average this will weigh in at 300 to 350 grams. This veggie burrito will cost you 109 Baht. The giant version is 69 Baht more and we'll guarantee it weighs 500 grams ( 18 ounces) Most of the time it weighs in at 600-700 grams and one time I weighed a burrito that was 918 grams because of all the toppings.

Burritos are a big seller for us and for the veggie burritos we get lots of raves especially from the vegetarians. Once again sorry to hear yours was nothing that we would want to serve. This will unfortunately will happen from time to time and all we can ask is, please give us a second chance, odds are very high you’ll be much more pleased.

I'll be trying the tacos. I love them. I miss them so much!

Congratulations to Sunrise.

Thank you. Hope to see you at the Sukhumvit Soi 12-Soi 14 location or at the Emporium 5th floor in the Park Food Hall.( near the Tony Romas)

I like sunrise tacos

Me too

while i love the tacos, i dont think it is any great acheivment to be on the list alongside, let alone below.

"#4 Getting a inexpensive tattoo at Khao San Rd or MBK Shopping Center"

Even though I'm not into tattoos, I can understand how they are part of Bangkok's heartbeat as well. It is a fun list.

www.sunrisetacos.com

Popularity should never be an indication of quality.

I think the vast majority of Thais who cannot afford to shop at Siam Paragon or go to Bed Supperclub would disagree about what constitutes the heartbeat of the city they live in.

Sorry, but I'll stick by my opinion that this is a poor effort.

Well they did mention the Hawkers.

By the way, a number of Thais go to Shopping Malls and treat dinner there as entertainment or the highlight of the week. On Sunday you'll see all types of people.

That is what is so great about lists like this. Not many will agree with all of them or the rankings but it gets people talking and yes your opinion is one of those that makes up the heartbeat of Bangkok.

www.sunrisetacos.com

When the list rates your taco stall higher than The Shangri-La buffet, Erawan shrine, Wat Arun, Kao San Road, RCA, The Dusit Thani's French restaurant D'Sens, chinatown, Chatuchak market and the Underground train system then it's a little hard to take seriously. (friends of the family at the post by any chance?)

LOL

I wish, I was friends with even someone.

As they stated its more than a simple "best of " guide. Its mixing age-old customs, with modern pastimes, hip hotels with ancient monuments and fine dining with street-side eateries, they've tried to get to the heart of the city. Its an ode to the city, a reminder of what a unique place Bangkok is. In my opinion, it is a fun list that says this is Bangkok.

I don't take it too serious. Nice to see a Taco stand on a Bangkok list though.

www.sunrisetacos.com

Paragon food court? Bed Supper Club?

What a poor effort.

Don't know about that. It is a list that they feel is the heartbeat of the city. Any list is going to create controversy.

Both Bed and Paragon Food Court are jamming. Some people thought that Bed would not last and they have proving them wrong. Also it seems Siam Paragon numbers not going anywhere but up. Thats despite being pricer than average -50-60 baht per dish as opposed to 30-40 baht. Its number of visitors per month is rising at least it is at our Subway restaurant there. The key is the variety and quality of the restaurants from Thai to Italian to Japanese and Korean.

www.sunrisetacos.com