Non B & Work Permit Tax Break & Implications

[mylesfdo]

Just trying to get up to date with my income tax payments and social security payments for staff and Im sure I read somewhere that there were some relief measures offered by the Thai government due to Covid.

 

Does anyone know how these work exactly?

 

I have Non B Visa and am director of company with 1 staff and I obviously have to pay my income tax and staff SS in order to keep the books right for when I renew my visa.  Company has not been operating for 3 months now as is a villa management company and obviously no customers coming.

 

To renew visa and WP will issuing Embassy expect to see my income tax payments and SS payments being made even through times of when not operating?  I am obviously not paying myself at the moment so shouldnt in theory be paying any tax but what about staff payments?  I havent officially been paying staff and they are OK with this as family friend and basically work part-time for me as extra income and main income comes from another job which is ongoing still.

 

Any advice on if I should just pay up the full amount as per normal as if company was still operating or if I can deduct the months for when we havent been operating, I cant see us being fully operational for at least another 2 months so will be approx 5-6 months of taxes that I will need to pay with no income coming in for the company.  I obviously dont want any non payments to potentially affect my visa and WP renewal in November.

 

Links to any official policies would also be appreciated!

 

Thanks in advance for help and advice.

[RangerP703]

The SSO has agreed to reduce financial contributions by both employees and employers into the Social Security Fund from five to four percent for six months with an extension of the deadline for financial contributions by both employers and employees who are insured under Section 33 and 39 of the Social Security Act for the wages of March, April and May 2020 for another three months.

[taninthai]

Your accountant should be sorting all that out monthly.

welcome to the world of Thai business I have hotel management company only brings in income 6 months of year  off coarse you need to pay your Thai employees and your tax every month to keep everything right for visa/work permit renewal,,,,most people including myself have an accountant that does it all monthly.

[JackThompson]

58 minutes ago, RangerP703 said:

The SSO has agreed to reduce financial contributions by both employees and employers into the Social Security Fund from five to four percent for six months with an extension of the deadline for financial contributions by both employers and employees who are insured under Section 33 and 39 of the Social Security Act for the wages of March, April and May 2020 for another three months.

Tax-payments were also "deferred" due to COVID - but not reduced (that I am aware). 

 

None the less, CW Bangkok expects tax-payment statements up through the last month, and will deny an extension based on Thai-income, even if the valid reason you do not have them, is due to those payments NOT BEING REQUIRED for your company, due to COVID rules. 

[blackcab]

20 hours ago, JackThompson said:

...even if the valid reason you do not have them, is due to those payments NOT BEING REQUIRED for your company, due to COVID rules. 

 

If a corporate tax filing is necessary but no tax is required to be paid, the submission is still required by the Department of Revenue. You will receive a receipt for 0.00 baht which immigration then require a certified copy of as part of the Non-B extension of stay paperwork.

[JackThompson]

8 minutes ago, blackcab said:

 

If a corporate tax filing is necessary but no tax is required to be paid, the submission is still required by the Department of Revenue. You will receive a receipt for 0.00 baht which immigration then require a certified copy of as part of the Non-B extension of stay paperwork.

Generally true - but the filing-requirement was temporarily suspended due to COVID. 

[blackcab]

1 minute ago, JackThompson said:

Generally true - but the filing-requirement was temporarily suspended due to COVID. 

 

The filing requirement can be suspended by the Department of Revenue, but this will not excuse an applicant for not being able to submit the documents at Immigration or the Ministry of Labour.

 

We have already seen a report of a member who could not extend his work permit because he he had stayed in Thailand longer than his permitted to stay stamp. The member is, or course, staying in Thailand legally as a result of the emergency decree, but without a stamp in his passport the Ministry of Labour would not renew his work permit.

 

As you know, government departments in Thailand do not always see things the same way.

[JackThompson]

4 hours ago, blackcab said:

The filing requirement can be suspended by the Department of Revenue, but this will not excuse an applicant for not being able to submit the documents at Immigration or the Ministry of Labour.

It does not - but this is bad policy.   If all prior months are there, and the last month is not needed By Law, it should be excused.  This policy applies not only to Non-B, but also Non-O family extensions using Thai income - at Chiang Wattana.

 

This is part of the reason my employer and I worked out a deal to pay for my visa-runs, plus having to send someone out to get new originals from various govt-agencies - documents they had already obtained to get my work-permit. 

 

4 hours ago, blackcab said:

 

We have already seen a report of a member who could not extend his work permit because he he had stayed in Thailand longer than his permitted to stay stamp. The member is, or course, staying in Thailand legally as a result of the emergency decree, but without a stamp in his passport the Ministry of Labour would not renew his work permit.

 

As you know, government departments in Thailand do not always see things the same way.

Exactly - or even trust each other's documents as genuine.  For a Non-O family extension, the work-permit and proven income should be all that is needed.  Having to "re-prove the work-permit," with pictures from work, DBD documents, etc is idiotic.  

 

The "pics from work" were also needed, even during the height of covid, when most offices were working-remote.  No exceptions.  No extension.  I guess Immigration doesn't agree with the govt's decision to encourage a work-from-home policy, either.