Can I open a business while teaching on non-immigrant B?

[Brian Nose]

If my non-immigrant B was obtained for the reason of working at a specific school, can I continue to work for the school and legally run a side business?

[problemfarang]

No. Because you can have only 1 work permit for 1 work. 

 

But its little bit up to your side business... do you mean sell online, then yes, you can. Do you mean own a coffee shop and serve there after school, no.

 

 

Edited July 14, 2022 by problemfarang

[ubonjoe]

6 minutes ago, problemfarang said:

No. Because you can have only 1 work permit for 1 work. 

That is not correct.

It is possible to work for another company if you have a existing work permit (new rule since 2018).

Before 2018 it was possible with consent from your existing employer.

[Brian Nose]

1 hour ago, problemfarang said:

No. Because you can have only 1 work permit for 1 work. 

 

But its little bit up to your side business... do you mean sell online, then yes, you can. Do you mean own a coffee shop and serve there after school, no.

 

 

I mean sell online, yes. So the government legally forbids me to open a coffee shop because 1 work, 1 work permit  - but allows me to run ecommerce? 

 

That sounds a bit strange. 

[SymS]

1 hour ago, ubonjoe said:

It is possible to work for another company if you have a existing work permit (new rule since 2018).

Before 2018 it was possible with consent from your existing employer.

But if the occupation is different, that would surely require an additional work permit, or does it not matter?

[FritsSikkink]

6 minutes ago, Brian Nose said:

I mean sell online, yes. So the government legally forbids me to open a coffee shop because 1 work, 1 work permit  - but allows me to run ecommerce? 

 

That sounds a bit strange. 

Open a business doesn't necessary  mean you work there. As for working see Ubonjoe's answer.

[ubonjoe]

1 minute ago, SymS said:

But if the occupation is different, that would surely require an additional work permit, or does it not matter?

No need it to be the same profession.

 

[OneMoreFarang]

1 hour ago, Brian Nose said:

I mean sell online, yes. So the government legally forbids me to open a coffee shop because 1 work, 1 work permit  - but allows me to run ecommerce? 

Depending on the business you have to setup a company. And if you want to employ a farang you need 2 million THB registered (that number might be outdated).

And some businesses you can't do at all, like i.e. farmer.

It's relative easy to find these information online i.e. from law companies who want to "help" you to setup a business. It's not so easy.

[VocalNeal]

3 minutes ago, OneMoreFarang said:

And if you want to employ a farang you need 2 million THB registered (that number might be outdated).

You don't have to show anyone the money. Just a number on a document. 

 

The OP has a work permit and therefore a tax number? I don't see a problem if income is declared.

[problemfarang]

3 hours ago, ubonjoe said:

That is not correct.

It is possible to work for another company if you have a existing work permit (new rule since 2018).

Before 2018 it was possible with consent from your existing employer.

So do you mean someone can have more than 1 work? So OP is working at a school and can work in another school too using the first school work permit regarding to the new law from 2018? If so, thats too good to be true

 

Thnx for the answer

 

Edited July 14, 2022 by problemfarang

[ubonjoe]

3 minutes ago, problemfarang said:

So do you mean someone can have more than 1 work?

Yes

 

4 minutes ago, problemfarang said:

So OP is working at a school and can work in another school too using the first school work permit regarding to the new law from 2018?

He may need to let the school know he will be doing some part time work.

[OneMoreFarang]

57 minutes ago, VocalNeal said:

The OP has a work permit and therefore a tax number? I don't see a problem if income is declared.

You might be right that initially there is no problem.

But lets assume the business is successful and then he wants to work only in his own business. Then he needs a work permit from his own business. And that means showing some capital, having a couple of Thai employees per farang work permit, etc.

Obviously that is possible, but it's not soooo easy.

[DrJoy]

21 minutes ago, problemfarang said:

So do you mean someone can have more than 1 work? So OP is working at a school and can work in another school too using the first school work permit regarding to the new law from 2018? If so, thats too good to be true

 

Thnx for the answer

 

Yes,  I have 2 employers. Both companies info is printed in my single WP book, however the address is not printed anymore.

[Brian Nose]

59 minutes ago, VocalNeal said:

You don't have to show anyone the money. Just a number on a document. 

 

The OP has a work permit and therefore a tax number? I don't see a problem if income is declared.

I'd have to set up a company though, register the name and address. I would imagine a separate business account too.

 

Can I be a sole trader or do I have to employ a Thai?

 

Really appreciate the knowledgeable replies.

[scorecard]

17 hours ago, OneMoreFarang said:

You might be right that initially there is no problem.

But lets assume the business is successful and then he wants to work only in his own business. Then he needs a work permit from his own business. And that means showing some capital, having a couple of Thai employees per farang work permit, etc.

Obviously that is possible, but it's not soooo easy.

 

Would the business need to be a registered Thai company? 

 

What ownership could the teacher have in the Thai company? Or, who could be registered as the owners in terms of % shareholding? 

 

What official role / position could the teacher hold in terms of management decisions etc?

 

What position in the company could gain a WP?

[OneMoreFarang]

1 hour ago, scorecard said:

 

Would the business need to be a registered Thai company? 

 

What ownership could the teacher have in the Thai company? Or, who could be registered as the owners in terms of % shareholding? 

 

What official role / position could the teacher hold in terms of management decisions etc?

 

What position in the company could gain a WP?

I am sure others can answer these questions a lot better. But for a start:

If you want to write official invoices to customers in Thailand then, as far as I know, you need to have a registered company. I.e. consulting invoices to Thai companies.

Often up to 49% of shareholding, but I think there are exceptions.

Role: GM and other roles, as far as I see that is normally no problem.

And as far as I remember at least 4 Thai employees per farang work permit. 

[scorecard]

14 minutes ago, OneMoreFarang said:

I am sure others can answer these questions a lot better. But for a start:

If you want to write official invoices to customers in Thailand then, as far as I know, you need to have a registered company. I.e. consulting invoices to Thai companies.

Often up to 49% of shareholding, but I think there are exceptions.

Role: GM and other roles, as far as I see that is normally no problem.

And as far as I remember at least 4 Thai employees per farang work permit. 

Thanks for that.

 

Seems to me these are all important/critical points for the OP to understand and to consider how he/she needs to proceed.  

[problemfarang]

20 hours ago, ubonjoe said:

Yes

 

He may need to let the school know he will be doing some part time work.

thnx

Edited July 15, 2022 by problemfarang

[Tropposurfer]

On 7/14/2022 at 3:38 PM, ubonjoe said:

That is not correct.

It is possible to work for another company if you have a existing work permit (new rule since 2018).

Before 2018 it was possible with consent from your existing employer.

But not a business for and by yourself UJ .. is that correct?

Edited July 15, 2022 by Tropposurfer

[ubonjoe]

4 minutes ago, Tropposurfer said:

But not a business for and by yourself UJ .. is that correct?

it would not be possible since he cannot own one. It would have to be a registered company or partnership that is 51% Thai owned.

[Tropposurfer]

1 minute ago, ubonjoe said:

it would not be possible since he cannot own one. It would have to be a registered company or partnership that is 51% Thai owned.

Exactly as I understood things to be UJoe. I was just curious if I had this stuff correctly sorted. 

[Brian Nose]

21 hours ago, Tropposurfer said:

Exactly as I understood things to be UJoe. I was just curious if I had this stuff correctly sorted. 

Actually,  I did a little research and ecommerce is eligible for BOI promotion which means a foreigner can own the business 100% and no need for Thai employees.

 

https://thailawyers.com/thailand-boi-promotion-for-e-commerce/

[problemfarang]

1 hour ago, Brian Nose said:

Actually,  I did a little research and ecommerce is eligible for BOI promotion which means a foreigner can own the business 100% and no need for Thai employees.

 

https://thailawyers.com/thailand-boi-promotion-for-e-commerce/

i thought you need at least 2 thai

[Brian Nose]

14 minutes ago, problemfarang said:

i thought you need at least 2 thai

No. None at all. At least from my research and the link. Maybe others no different?