CWMcMurray

Import taxes are based upon CIF value of goods. This means... cost of goods (invoice value) + cost of freight (should ensure that the rate is shown on the HAWB) + Cost of insurance (1% of invoice value)

The duty percentage is based upon the actual commodity being imported and can change depending upon the country of origin of the goods. If for example, the goods werte produced in China and the supplier can provide a "Form E" certificate of origin, then you can apply for special duty rate (if applicalble) under the China - ASEAN FTA....

The drop shipping idea may be a good one... also importing into a FZ warehouse is also an option.

Just want to add that the obvious danger of using a drop shipper is that they may try to cut you out and sell to your customer directly.

First step should be to advise the exact nature of the "widgi" you would like to import. Your freight forarder can then advise estimate import duty and whether or not a reduced rate is available under China - ASEAN FTA.

If a reduced amount is available, then ask your supplier if they can provide FORM E. THen crunch all of the numbers and evaluate what your best option would be.

I may have just a bit of a jaded view on this, but I think it is just a trading of the person feeding from the trough...

I would bet if we looked back to when Taksin was in power, you would see a large number of people being caught for "stuff" and moved to inactive posts...

Now that the Dems are in charge, they whant to move Taksin's guys out, so they can start feeding at the trough...

I would be surprised if anyone actually goes to jail for anything.. they will most likely just need to wait until the next election and if the reds win, then they will have a chance to move back into an active position and then the money starts rolling in.

That being said... I would be very happy if I am wrong and this is a start of a real crackdown on corrupt cops. If so... new government has my apolgies and I take back the above statements...

Now we just have to wait and see which of the 2 statements above statements is closer to the truth.

If you need to send the goods out of Thailand to be repaired and then re-import without paying duty on the goods you should do an official export customs clearance when you send the goods (make sure to save export docs).

When you re-import the goods you will need to show export docs (serial number

and invoice value need to be same), you will then only need to pay import duty on the "repair" cost, which should be listed as a separate line item on the invoice.

I don't want to hijack the OP's thread. Q: Does this apply to a small flat rate Priority Mail carton from the U.S.?

Watches for repair / no insurance / no delivery in 3 weeks

At this point, I would even welcome a "80% charge" versus a total loss.

They really should clamp down on mail theft and prosecute offenders severely!

Chris

If the goods are sent by Ocean, given the long transit times, you will normally have plenty of time to ensure that all the documents are correct and that everything is set up for a smooth customs clearance prior to the goods arriving.

One of the big problems that occur with Air freight shipments is that people do not consult their customs broker in Thailand before the goods are uplifted at the origin. The transit time for air may only be a couple of days (or 1 day if direct flight), so there is no time to sort things out while the goods are in transit.

In this case it seems you did get the shaft from your supplier, but one way to avoid this is to ensure that the shipping terms in your PO are either Exworks or FOB. This will mean that you will be the party to nominate the freight forwarder and that you will be able to control the process (i.e when to pick up, when to ship, ensure that shipping docs are correct, choose airline/liner and shipping schedule).

This will also help to avoid storage charges. The cargo terminals at the airport only allow 2 days of free storage, so if the documents are not correct or if the shipping docs are not received in advance then there could be delays in customs clearance which will result in storage charges.

For example:

Lets say that your supplier send the shipment with an ETA in Bangkok on the evening of 22 Oct, the 23rd was a national holiday and your company is closed over the weekend, so you can not arrange for customs clearance until Monday. So 22nd and 23rd is free, but now if everything is perfect with the docs and no problems with customs and you can clear the goods on Monday you are still looking at 3 days of storage.

Now if you are controlling the freight, you instruct you freight forwarder to ensure that all of the docs are in order and the goods arrive on Sunday...they receive the shipping docs from their partner on Sat (they still work a half day on sat) and they draft the import entry prior to the goods arriving (they are familiar with your goods and so already have the Thai Translations and proper tariff codes). The goods arrive on Sun and the goods are cleared within Monday, no problems and no storage charges...

Controlling the freight will help you to solve many of the problems that may occur...

Without knowing more of the details about the actual shipment, I can not say for sure, but I would guess that the reason the import duty was so high may be because the House Air Way Bill was not rated.

If the rate is not shown on the HAWB, then the rate on the MAWB will need to be used to calculate the CIF value of goods. The rate shown on the Master Air Way Bill is usually the IATA rate, which is much higher than actual freight cost. This will inflate the value of goods and increase Duty and VAT amount.

Again, if you are controling the freight, you can ensure that your actual selling rate is put on the HAWB, if your supplier is controling the freight then this may not be done.

Here is a warning to everyone who imports goods into Thailand:

I have a business in Thailand selling model aeroplanes, and just recently I had an order get flown in by air freight by mistake.

To cut the long storey short as you can imagine the hard work and hassle i had to get the shipper to take responsibility for there mistake.

Well that didnt happen and they just cut straight out of there contract and told me to pay them the equivalent sea shipping rate and told me to seek another shipper to forward my goods out of customs & duty. This was a long battle believe me. Anyhow once i found another freight forwarding company and passed on the relevant paperwork, they sent me the duty charge which turned out to be just a fraction less than 100% the value of my goods. On top of that was storage charges, shipping service, sea freight service (from siam-trans, the original contractors) pick-up, customs formalities, Airfreight charge, transportation charges, cc fee 3%, Caf 2%, VAT, and 2 under the table charges. One to the police and one to customs officers. I mean <deleted> is all this crap about? Im so angry with this system it happens every time i get something flown in by air. I hardly get any problem by sea way. I personally think that the customs procedures in Thailand are all under looked by the government and are still working as in the old Taksin days. All the Thai companies I know have had or are having the same trouble as me, and most of them tell me Suvharnbumi customs or thief's. There not far wrong there i tell you. BE AWARE WHEN USING AIR FREIGHT!

I wouldn't blame this one on customs... you went with an agent who told you that they will use their connections to import your goods illegally and bypass the import permit regulations...

I think its safe to say that pretty much every where in the world if you operate illegally its only a matter of time before you get caught...

You should have applied for the necessary import permits before importing the goods.

Maaaan don't get me started. On airfreight I was lucky. It was the ocean freight where I got my crap pushed back by the customs. It was a similar case to yours where my shipping agent messed up. I set my wife up this year with her own small cosmetics line. Our agent told my supplier in China to send the container to BKK. Where they would work their connections and get my stuff through, as they have done before. However this time she didn't tell my supplier WHICH port in BKK (there are 3) and it got sent to one where they didn't have the connections. And man....I got reamed! like First you need a Aoi Yor cert (similar to a FDA cert in the states) so we had to go and get all the specifications for every color of every type of cosmetic (over 250) then after doing that for no less than 2 months, there was the matter of tax @ 40% and fees and fines and sick buffalo insurance, stick rice kanom money.... By the time they got finished I had to pay like 80% of what the true value of my products were. Fortunately cosmetics have a high profit margin but still I got totally hosed.

If anyone wants to know the name of this agent they can PM me just so you can avoid her if you import.

What is the estimated weight of the shipments? Air freight rates from UK to BKK are quite competitive, the cost between Air and Sea for a 1cbm shipment may not be a whole lot different (depending on the weight).

I believe the requirement is 5 years (this is the time our company keep all records), but you may want to double check with your accountant

The above is only partly true...

It is true that in order to qualify, the goods do need to be "Australian made", but that does not mean 100% Australian made.

The shipper would need to apply for a Certificate of Origin, if a C/O is issued then the goods would qualify...

In Thailand for example, in order to qualify for a C/O only 35% of the components making up the final good needs to be manufactured in Thailand to qualify. If you meet the 35% requirement the C/O can be issued...

Example: Textile manufacturer buys shirts from China brings them to Thailand, manufactures the buttons in Thailand and sews the buttons on the shirts in Thailand. Meets the min requirement and applys for C/O ... goods are qualified as "Made in Thailand"

It would be great of you could serve him with a summons as he arrives, because then the eviction would become a moot issue until the case is brought before the court. At lease that would bide you time in getting a better place.

Worth talking to a lawyer to get all the options

I particularly like this option if posible.... a summons for a few weeks out in the middle of the week would mean he would be particularly nice, since he would most likely have to head back 500km and then make a return trip in a gew weeks.

At the hearing if you could then get your lawyer to postpone again to the following month then it could become even more satisfying as he needs to travel back and forth multiple times...

I am only saying this because from your OP it does seem like he was being completely unreasonable. Payment due on Sat and you paid on Monday.

Of course we are only hearing half the story, so that is what I am basing my opinion on.

This is an everywhere thing...

The FTA agreements are negotiated by the two nations (or group of nations) and it is possible for this to happen; especially in the group FTAs where all members agree to a "special rate", each of the individual member states "general duty rates" for that particular commodity may differ and it is possible that a member state may actually have a general rate lower than the FTA.

For Bi-Lateral agreements it is also possible that the general rate was higher at the time the agreement was signed but has since been lowered. They will not renegotiate or amend the FTA, but then for that particular commodity it really makes no sense to "ask to clear under the FTA stated rate" anymore.

Monty all of the FTAs are commodity based, so every agreement with every country only covers some commodities... the rest will all nedd to apply the general rate.

Even if the item is covered, it does not mean that it will be Duty exempt, but may just be reduced

For example if a certain commodity has a General rate = 20% , the TAFTA rate may only be = 5%.

In some cases, the Rate shown in the FTA might actually be higher than the general rate...in that case, you would not want to request the C/O from your supplier and you would want to clear under the General rate.

Have you tried Integrity Legal maybe they can help you ?

I am open to seeking legal help but am wondering if it is really worth it? I mean it is not like they can change the facts/answers on application ... though I am sure they can make them sound better.

I appreciate the referal, it is helpful but am wondering if anyone has any real world experiences with and without legal help.

Thanks

They can't change the facts but whether or not to hire a lawyer to help is very much based upon your personal circumstances...

If you can put together a compelling case (with supporting Documentation) that your GF will return to Thailand then most likely you will not need to.

If you are unsure about what that standard means and would like advice or if you are not comfortable with filling out government forms then it may be worth it.

They can not of course manufacture any proof, they would most likely only ask questions to dermine your situation to see if there may be other possible ways to prove she will be coming back that you may not have thought of and advise what types of documentation will be needed to support your application.

Also if you are in the US and your GF will be applying alone and she would be more comfortable with someone helping, then it may be worth it.

At the end of the day they are providing a service ... only you can "weigh the scales" based upon your personal situation and decide if it is worth it for you.

When my wife went back to the US to visit my family with me, we did it ourselves and the process was pretty painless.

We filled out all of the forms and submitted proof of ties to Thailand... at the time we were both going to school here in Thailand and both had letter from the schools showing our status and copy of the semester break schedules.

Interview took about 2 min and she received a single entry visa (I think it was valid for 3 mo, but we were only planning on staying in the US for a week). I was really surprised how simple the interview went.

The embassy officer asked me why I looked surprised and I told her the truth.... you hear all of the nightmare stories about how difficult it is to get a tourist visa to the US.

Her reply was... It's easy to see that you will both be coming back to Thailand and thats all we are really looking for.

They did not know that it was improper visa wise. Also have no intention of doing adjustment of status as she needs to go back & forth.

She does not want to immigrate nor get a green card as their business demands that she travel back & forth many times a year. He is still mainly based in US but also spends months in LOS too.

I think it is pretty clear from the OP that she does not want to adjust her status or immigrate to the US...

Her current visa type 10yr tourist visa still seems to be the right one (depending on how much time she actually spends in the US). This being said, if she is spending enough time in the US that she would qualify for an Immigrant visa they will push her to do so.

I would advise her to go back to the US Embassy and advise them what has happened and ask them what needs to be done.

Given that she is now married to a US Citizen, she may need to re-submit an application for another 10yr tourist visa (since her situation has significantly changed, they may need to re-evaluate and issue a new visa).

It will simply boil down to this.... the more simple and routine the transaction appears to be the more likely the amphur is to help you. The reverse is also true...

So once you have your passport get a senior Thai person to go with you and help to put you in their Tabien Baan and then once you are in the Tabien Baan then get your ID on the same day.

Sorry to hear that this still hasn't been sorted out, I still belive that the advise previously given will still be the best.

Go back to Sweden and get your new Passport... and what ever you do , DO NOT expalin the whole story to any govenment official anywhere.. it will not get you any simpathy and will just make them want to find a reason why they can't help you.

You do not need to lie, just keep it simple (the basic facts)

In Sweden:

1. You were adopted

2. Moved to Sweden

3. Changed your names to that of your adoptive parents

4. Changed your last name once married

5. Now you want to get your passport, so you can move back to Thailand

----------------------------------

In Thailand:

1. You were adopted

2. Moved to Sweden

3. Changed your names to that of your adoptive parents

4. Changed your last name once married

5. You renewed your passport in Sweden because you want to come back home to live

6. Your friend offered to put you in her Tabien Baan

You will probably have to go to a different Amphur ... I am sure that every person you spoke with up to this point is terrified of doing something shouldn't and doesn't want to loose face by asking their superiors and to find a solution, so will not want to help.

Much better to make you go away then to make a mistake

I just asked about this at immigration in BKK last month and confirm what is said above...

You must be working with tax receipts for more than 3 years... there is no flexability on this point.

If at aplication time you have only been working for 2 yrs and 11mo, you will need to wait until the foillowing year to apply

I have to agree with Raro on this one.. its not really that difficult in practice.

1. Check with customs broker in Thailand to see if a reduced Duty amount is available under TAFTA (based upon commodity)

2. If no... then the process stops here... just import under general tariff

3. If yes, then check with your supplier to see if they can provide C/O

4. if they can not... they find a new supplier who can

5. If they can provide C/O, then just ensure that the original is put in the airline's consol pouch with the rest of the shipping Docs

6. Goods arrive, have your customs broker clear under TAFTA rate

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You should definately look into alternative customs brokers.... cost of customs clearance does not increase if the goods are duty free

I do not believe that Thailand offers a Fixed rate mortgage... so the rate will change and interest rates fluctuate.

I would say that given that we are on the upswing of the economic recovery it is much more likely that interest rates will increase rather than decrease in the short/mid term.

I would go for option 4 (the same as MCA & Lopburi3)

Completely legal to hire the services of a Thai company or an independent Thai person.... I once hired a Thai person to paint my house I don't believe that was illegal...

Now if if it was the other way around and a Thai person wanted you to do some work for him, then you would be breaking the law since you would need a work permit and a company to sponsor it...

You are really not hiring someone (as you do not have a company) you are simply advertising for services needed and any company or person who is able to provide you (the customer) with the services can contact you and give you a quote.

I would say it depends upon how you file your taxes...

You have the option of filing jointly or separately (even if applying for overseas income exemption you will still need to file).

From my understanding, if you file jointly then you should get TIN (tax ID number) for your wife and then include her income.

If you file separately, then only your income would be applicable (I think the choice is pretty obvious as to which option most folks would choose).

For the Bank filing... if you (the americam) are listed on the bank account or as an authorized signitory, then it would be included in your overseas bank holdings and if the min reporting requirement if over 10,000 USD is reached in all accounts combined, then you would need to report.

If your wife is the sole account holder and you are not on the account or authorized to withdrawl funds from the account, then my understanding is that this account does not need to be added your total overseas bank holdings and if you reach the limit from other accounts, your wife's account will not need to be included in your anual report.

I'm always shocked when Mahidol beats Thammasart in some pole or ranking...

I do not want to knock Thammasart, but in every ranking I have seen for the last few years it has never appeared on any on the international rankings and has been beaten by both Chula and Mahidol in the domestic rankings...

PS Chef....

Not sure when you tried to apply, but you may want to check around again... I have been here for a lot less time than you and have only been working for a couple of years and was able to get a credit card in my own name without any problems.

I went to many of the Banks to check around, but the easiest (read: lowest hassle with paperwork required) was from KTC.

Filled out the paperwork and turned it in, got a call a week later to verify my info on my application and then received the card in the mail less than two weeks later...

I still have the mobile number of the guy from KTC who helped with the application, send me a PM if you want it.

In order for a company to sponsor someone for a visa extension, (along with other requirements) it must have submitted all of the requited tax & auditing reports to the Thai government for at least the last two years.

So what I am suggesting is that one of the things you should include in your "due diligence" prior to purchasing a company is whether or not the company you are buying will meet the requirements to sponsor you for a 1yr visa extension.

One yr multiple entry visa can be either Non-im O or Mon-im-B, if you are not married, then you would need a non -im B. Single entry is 90 days, multiple entry is valid for 1 yr, but you will need to leave the country every 90 days (just walking across the border and back is enough)