Clearing up old work permit and company

[tomster]

Hi,

 

I have a situation I need to deal with, here are the basics:

 

I had a work permit attached to a company I am a director of that expired in November last year (2019).

 

I had left Thailand in February last year (Feb 2019) and was pretty sure at that time I wasn't coming back (that was when the visa situation was getting really bad) so I stopped making the monthly payments to the agent. The agent was not impressed and we fell out, so I can't use her to sort this out, hence the questions on here to find the lay of the land.

 

The company has also not filed a tax return in May 2019 for the year of 2018, as again I was out of the country with no agent to help at the time.

 

The company did not trade at in 2019, the last tine it was used was in December 2018.

 

This is all based in Hua Hin, I now live in Pattaya.

 

So, I need to get the tax for 2018 cleared, clear the work permit and close the company, if possible, if not leave it dormant I guess.

 

I would like to open a new company in Pattaya in the coming months, so I guess i need to clear this before I will be able to do that and apply for a work permit in Pattaya.

 

I have a Non O visa extension based on my kids that is good until January next year from Chonburi immigration, so all good with that.

 

Questions:

 

1. Can I sort this at the Chonburi labour department or will I need to do all of this in Hau Hin (it was actually Pranburi where I collected the work permit)?

 

2. I missed payments for 9 months of the work permit, are they automatically due as back payments to clear it or is there a date from which the work permit would have been cancelled?

 

3. Any ideas on what the fines are for not submitting year end figures for 2018, obviously now this is 9 months late?

 

Thanks in advance.

 

[scorecard]

Work permit payments "2. . I missed payments for 9 months of the work permit, are they automatically due as back payments to clear it or is there a date from which the work permit would have been cancelled?"

 

Not sure what you mean. WP payments:

 

     - Payments to who?

     - For what?

     - How many Baht per month?

[BigFun]

To close the company you will need to make accounts for 2018, 2019, and the start of this year until now. 

 

You will also need the old WP cancelled to make a new one.

 

Why not tidy everything up (Yes it will need to be done in Prachuap jangwat) and then move the company address to Pattaya. Will save you paying for a new company.

 

As for personal withholding monthly taxes, you might be able to get away with 1-2 payments and argue you didn't work the rest of the year. How that goes can depend from place to place, officer in charge you talk to.

[tomster]

1 hour ago, BigFun said:

To close the company you will need to make accounts for 2018, 2019, and the start of this year until now. 

 

You will also need the old WP cancelled to make a new one.

 

Why not tidy everything up (Yes it will need to be done in Prachuap jangwat) and then move the company address to Pattaya. Will save you paying for a new company.

 

As for personal withholding monthly taxes, you might be able to get away with 1-2 payments and argue you didn't work the rest of the year. How that goes can depend from place to place, officer in charge you talk to.

Hi Bigfun,

Thanks for the reply.

 

There is quite a bit of history on the company, it was moved from Bangkok to Pattaya, then Pattaya to Hua Hin all in about 6 months, the agent I was using said this raised some eyebrows so my thoughts were that moving it again wouldn't look so good, especially as there were late filings for tax and a cancelled work permit - better just to end that one and start with a blank slate.

 

But if the labour office say no problem then that will be an option I will look at.

 

One thing though, when you say the old WP needs to be cancelled before I can make a new one, asit has already expired, is this still the case?