Work permit issued by own company

[thaibook]

From what I have read in previous posts, it seems that if one has a Thai company that employs four Thais (for whom the company pays social security contributions) it can have a work permit if the farang is paid a minimum of 50k per month.  So if one can generate a turnover of roughly 100k per month one is allowed to operate legally in Thailand with a small staff.

 

Is it as simple as it sounds or have I missed devilish or devious conditions, other than having a viable business idea?

 

If I may also take the opportunity to request more information, as the company will need to have audited accounts, can someone give me an idea of the cost and recommend a cost effective accountant for a small company with simple accounts?

[kurtmartens]

I think others will post more information.  But.  When my wife (Thai) and I created our company here, we did not need 4 Thai employees for me to receive my work permit as shareholder (?).  

[thaibook]

51 minutes ago, kurtmartens said:

I think others will post more information.  But.  When my wife (Thai) and I created our company here, we did not need 4 Thai employees for me to receive my work permit as shareholder (?).  

this is encouraging.  Do you think you benefitted from any particular conditions - was it a long time ago, did you set up a company with large paid up capital, or are you in a sector where the Thai government is keen to attract activity?

 

[ubonjoe]

There is no minimum salary requirement to get a work permit. The minimum salary requirement is only to apply for a one year extension of stay at immigration.

The company must have 2 million baht of registered capital and 4 Thai employees. 

[kurtmartens]

2 hours ago, thaibook said:

this is encouraging.  Do you think you benefitted from any particular conditions - was it a long time ago, did you set up a company with large paid up capital, or are you in a sector where the Thai government is keen to attract activity?

 

We did 4M in capital.  I think we slipped through the cracks when we registered as we had 2 Thai employees and the gov't approved my WP based on me being the "owner" and some assumption we would hire more at some point (which we have).  Was setup in 2017 in Chiangmai.  The annoying bit for me, was and is, that since we have an office in Chiangmai and in Phuket I had to get my work permit noted for both offices.  Small annoyance.

 

 

[elviajero]

4 hours ago, kurtmartens said:

I think others will post more information.  But.  When my wife (Thai) and I created our company here, we did not need 4 Thai employees for me to receive my work permit as shareholder (?).  

You cannot get a WP for being a shareholder.

 

It’s possible for the labour office to reduce the employee requirement to 2 because you’re married.

[elviajero]

4 hours ago, thaibook said:

From what I have read in previous posts, it seems that if one has a Thai company that employs four Thais (for whom the company pays social security contributions) it can have a work permit if the farang is paid a minimum of 50k per month.

You don’t need to be paid 50K to get a work permit. You would only need that minimum salary if you apply for an extension of stay based on your work. As you are married you could get an extension of stay based on being married and show 400K in the bank or 40K income (from Thai job or foreign income). It is best to keep your permission to stay reliant on your job.

 

4 hours ago, thaibook said:

Is it as simple as it sounds or have I missed devilish or devious conditions, other than having a viable business idea?

No it’s not. You will need an office, and the labour office could check up to make sure the employees actual work for the company. You would only get a work permit for certain jobs/positions within the company.

 

Setting up a business based on a viable business that actually generates a profit is a good idea. Doing it just to get long term permission to stay in country is a bad idea.

[kurtmartens]

11 minutes ago, elviajero said:

You cannot get a WP for being a shareholder.

 

It’s possible for the labour office to reduce the employee requirement to 2 because you’re married.

Okay.  Well ... I have a WP and I'm a shareholder.  So ....?

[elviajero]

2 minutes ago, kurtmartens said:

Okay.  Well ... I have a WP and I'm a shareholder.  So ....?

Being a shareholder is not a job and wouldn’t need a work permit.

 

Do you have a limited company or a limited partnership with your wife?

[kurtmartens]

2 minutes ago, elviajero said:

Being a shareholder is not a job and wouldn’t need a work permit.

 

Do you have a limited company or a limited partnership with your wife?

LOL - okay well I have a job through the company then.  Splitting hairs IMO.

[Just Weird]

58 minutes ago, kurtmartens said:

Okay.  Well ... I have a WP and I'm a shareholder.  So ....?

So, why would you want a WP if you're just a shareholder?  Waste of time, surely?

 

49 minutes ago, kurtmartens said:

LOL - okay well I have a job through the company then.  Splitting hairs IMO.

That's why you've got a WP.  Not so much hair-splitting as misinformation.

[meinphuket]

21 hours ago, kurtmartens said:

I think others will post more information.  But.  When my wife (Thai) and I created our company here, we did not need 4 Thai employees for me to receive my work permit as shareholder (?).  

Married to a Thai national you don't need 4 employees

[elviajero]

5 hours ago, meinphuket said:

Married to a Thai national you don't need 4 employees

It depends on the labour office and how the business is set up. Some will insist that you have 4 even if married..

[seancbk]

On 1/8/2018 at 5:09 PM, kurtmartens said:

On 1/8/2018 at 4:57 PM, elviajero said:

You cannot get a WP for being a shareholder.

 

It’s possible for the labour office to reduce the employee requirement to 2 because you’re married.

Okay.  Well ... I have a WP and I'm a shareholder.  So ....?

 

Question already answered.

 

[thaibook]

thank you everyone, this has been very helpful. 

[Master Jairam]

On 1/8/2018 at 12:33 PM, ubonjoe said:

There is no minimum salary requirement to get a work permit. The minimum salary requirement is only to apply for a one year extension of stay at immigration.

The company must have 2 million baht of registered capital and 4 Thai employees. 

Why is there a minimum salary requirement for applying for an extension of stay based on work? And if the labour office has any discretion in the matter?

[ubonjoe]

15 minutes ago, Master Jairam said:

Why is there a minimum salary requirement for applying for an extension of stay based on work?

It has been in clause 2.1 of the police orders for many years. It is from 25k to 50k baht dependent upon nationality. I would attempt to explain why it is there. See Police Order 327/2557  basis for extension of stay.

15 minutes ago, Master Jairam said:

And if the labour office has any discretion in the matter?

There is no written minimum salary. Some work permit offices might want a minimum for certain jobs.

[Master Jairam]

19 minutes ago, ubonjoe said:

It has been in clause 2.1 of the police orders for many years. It is from 25k to 50k baht dependent upon nationality. I would attempt to explain why it is there. See Police Order 327/2557  basis for extension of stay.

There is no written minimum salary. Some work permit offices might want a minimum for certain jobs.

Thanks. According to that police order, an alien from my country must have an income of B35k pm. Can you please tell me if that can only be demonstrated as a bank credit for their satisfaction? Have people used other ways of demonstrating that income? Thanks!

[ubonjoe]

12 minutes ago, Master Jairam said:

Thanks. According to that police order, an alien from my country must have an income of B35k pm. Can you please tell me if that can only be demonstrated as a bank credit for their satisfaction? Have people used other ways of demonstrating that income? Thanks!

Clause 2.1 of  Immigration Bureau Order 138/2557  documents for extension of stay has this.

"8. Copy of latest monthly withholding income tax return specifying the names of employees and of the alien applicant together with a copy of payment receipt"