Sole Proprietorship Ands Work Permits

[Sam125]

Sole Proprietorship ands work permits

If a Thai citizen sets up a sole proprietorship with three Thai employees and the sole proprietorship, can a work permit be sponsored for one foreigner?

Or is a corporate structure required?

Thank you.

[Sunbelt Asia]

Sole Proprietorship ands work permits

If a Thai citizen sets up a sole proprietorship with three Thai employees and the sole proprietorship, can a work permit be sponsored for one foreigner?

Or is a corporate structure required?

Thank you.

If you are married to a Thai, you can be employed with a work permit.( 2 Thai employees are required) Otherwise they need to hire one more Thai for you to be able to apply for the work permit. ( 4 Thais are required to be employed)

www.sunbeltasiagroup.com

[Sam125]

Sole Proprietorship ands work permits

If a Thai citizen sets up a sole proprietorship with three Thai employees and the sole proprietorship, can a work permit be sponsored for one foreigner?

Or is a corporate structure required?

Thank you.

If you are married to a Thai, you can be employed with a work permit.( 2 Thai employees are required) Otherwise they need to hire one more Thai for you to be able to apply for the work permit. ( 4 Thais are required to be employed)

www.sunbeltasiagroup.com

Thank you for your reply!

My Thai wife will be the sole proprietor. We currently have a US corporation but I do not like the Thai requirement having roughly 7 shareholders.... So a sole proprietorship will work better for us.

So:

1)The business can be a sole proprietorship and does not have to be a corporation.

2) She needs to have two employees (she does not count as the owner. or does she?)

Have I understood you correctly?

[Sunbelt Asia]

1)The business can be a sole proprietorship and does not have to be a corporation.

correct

2) She needs to have two employees (she does not count as the owner. or does she?)

She does not count as a employee. She needs two employees.

www.sunbeltasiagroup.com

[torrenova]

I presume the same rules, 50k per month etc.

What about the companies having to show the 600k+ is available to fund the WP for the year ? How would a sole proprietor get around that or indeed have to ?

Any additional WP restrictions ?

Cheers

[Sam125]

I presume the same rules, 50k per month etc.

What about the companies having to show the 600k+ is available to fund the WP for the year ? How would a sole proprietor get around that or indeed have to ?

Any additional WP restrictions ?

Cheers

Good questions.

Having 600.000 in the bank is not a problem, but I do not need to draw a salary, I wonder if the 50,000 salary is a strict rule?

[Sunbelt Asia]

No requirement to get a 50K salary for the Labor Dept. You are confused with Immigration requirements for American, Europeans with the extension of stay based on business .

What about the companies having to show the 600k+ is available to fund the WP for the year ? How would a sole proprietor get around that or indeed have to ?

Again you are confused with Immigration requirements for an extension of stay permit based on business. The Labor Dept does not have the same requirements.

www.sunbeltasiagroup.com

[Sunbelt Asia]

Having 600.000 in the bank is not a problem, but I do not need to draw a salary, I wonder if the 50,000 salary is a strict rule?

No rule exists for the work permit, so its not strict.

www

[Mid]

you WILL pay tax on money your not earning ,

sorry , should have been in small print.

[Sunbelt Asia]

you WILL pay tax on money your not earning ,

sorry , should have been in small print.

Think you mean... if you report 40K for your salary per month and don't in fact get this money, you still have to pay tax. This is correct.

However if you report 20K for your salary. You only need to pay tax on this amount.

www.sunbeltasiagroup.com

[Mid]

However if you report 20K for your salary. You only need to pay tax on this amount.

your first assessment of my statement is true ,

the quote above that you added intrigues me , there's more to this story , no ?

[Sunbelt Asia]

However if you report 20K for your salary. You only need to pay tax on this amount.

your first assessment of my statement is true ,

the quote above that you added intrigues me , there's more to this story , no ?

If your work permit application is approved with a 20K salary, this is all you need to pay tax on. Seen as low as 6,000 Baht salary or even volunteer and approved.

www.sunbeltasiagroup.com

[Mid]

discriminatory by nationality ?

[Sunbelt Asia]

discriminatory by nationality ?

Talking labor Dept not Immigration. The work permit people don’t care what your nationality is in regards to your salary.

www.sunbeltasiagroup.com

[Mid]

I've fallen into this trap ,

what's the rational behind the stated salary ,

ie , why would the guy who did mine pick a much higher arbitrary figure ?

[Sunbelt Asia]

I've fallen into this trap ,

what's the rational behind the stated salary ,

ie , why would the guy who did mine pick a much higher arbitrary figure ?

If you are a MD or executive. The unofficial number is 35K salary they like to see. If you are a trainee, intern, gopher, volunteer, it can be much lower.

You may have a extension of stay based on business where the above means nothing. If you are as a example Dutch, you must get 50K per month.

If you are on another type of permit or visa, then your salary can be much lower.

www.sunbeltasiagroup.com

[Mid]

many thanxs ,

appreciate your time .

[torrenova]

So I get a legal marriage, my wife is the sole proprietor. We need one more Thai working as well as my wife and I get a new work permit and what type of visa ? to stay here on some miniscule salary (and thus miniscule tax bill) whilst she pays about Bt650 per month for herself and the other worker on "salaries" of about 6k per month.

Surely that cannot be right ? That is cheaper than the family 40k malarky.

[beechguy]

So I get a legal marriage, my wife is the sole proprietor. We need one more Thai working as well as my wife and I get a new work permit and what type of visa ? to stay here on some miniscule salary (and thus miniscule tax bill) whilst she pays about Bt650 per month for herself and the other worker on "salaries" of about 6k per month.

Surely that cannot be right ? That is cheaper than the family 40k malarky.

Sunbelt did say she would need 2 thai employees, besides herself. Then you could qualify for a work permit. But, I don't think that, on it's own, qualifies you to stay on an "extension for marriage". You could have an "O" visa, but to get an "extension" based on marriage, I think you would still need to show 40K. Correct?

Edited July 9, 2007 by beechguy

[torrenova]

Ok, so another Bt650 down the drain.

Now you're looking at 2*650+1*1000 (tax/social fund on 10k ?) = 2300 per month.

OK, plus your WP fees and likely some other stuff.

Anyone got a cheaper way to stay here if less than 50 ?

[seykota]

Sunbelt did say she would need 2 thai employees, besides herself. Then you could qualify for a work permit. But, I don't think that, on it's own, qualifies you to stay on an "extension for marriage". You could have an "O" visa, but to get an "extension" based on marriage, I think you would still need to show 40K. Correct?

Therefore, I can have a work permit as outlined by Sunbelt and continue applying for multiple entry "O" visas annually re visiting my wife and son, until I am 50 (2 more years). At this time I can apply for "O" visa extensions based on living with my son (Thai birth certificate and Passport) or have I not considered something?

[Sunbelt Asia]

So I get a legal marriage, my wife is the sole proprietor. We need one more Thai working as well as my wife and I get a new work permit and what type of visa ? to stay here on some miniscule salary (and thus miniscule tax bill) whilst she pays about Bt650 per month for herself and the other worker on "salaries" of about 6k per month.

Surely that cannot be right ? That is cheaper than the family 40k malarky.

The question was in regards to how to get a work permit with your wife being a sole proprietor. Having a work permit does not give you the right to an extension of stay based on business. Being married does but your family must have a combined salary of 40,000 Baht per month to qualify.

If you are married to a Thai and want to get a multi entry visa at a Consulate, they do not require a work permit to grant this. Hence no reasons to get a work permit as a way to stay. Its only if you are working you would get a work permit.

www.sunbeltasiagroup.com

[Sunbelt Asia]

Sunbelt did say she would need 2 thai employees, besides herself. Then you could qualify for a work permit. But, I don't think that, on it's own, qualifies you to stay on an "extension for marriage". You could have an "O" visa, but to get an "extension" based on marriage, I think you would still need to show 40K. Correct?

Therefore, I can have a work permit as outlined by Sunbelt and continue applying for multiple entry "O" visas annually re visiting my wife and son, until I am 50 (2 more years). At this time I can apply for "O" visa extensions based on living with my son (Thai birth certificate and Passport) or have I not considered something?

This is correct.

www.sunbeltasiagroup.com

[torrenova]

Cheers Sunbelt for your answers.

[bkk_mike]

Ok, so another Bt650 down the drain.

Now you're looking at 2*650+1*1000 (tax/social fund on 10k ?) = 2300 per month.

OK, plus your WP fees and likely some other stuff.

Anyone got a cheaper way to stay here if less than 50 ?

Isn't the OP married to a Thai? Why does he need the work permit - except if it's just to cover his working for his wife's company if the police come around, and totally unrelated to the visa extension?

On the salary quoted he wouldn't get permission to stay on the basis of his working, and would have to have the money in the bank and/or proof of income for the extension of stay on the basis of supporting his wife.

Or am I missing something?

Edited July 11, 2007 by bkk_mike

[seykota]

Isn't the OP married to a Thai? Why does he need the work permit - except if it's just to cover his working for his wife's company if the police come around, and totally unrelated to the visa extension?

Agreed, my understanding is that this is exactly the reason he needs a WP. A WP is required to work for your wife's business and is not related to a visa extention ie Dept of Labour vs Dept of Immigration

[Sam125]

Hi,

Thanks everyone for your responses!

I missed most of this thread as I was getting ready to move to Thailand.

I now live in Isan with an "O" visa based on my marriage to my Thai wife.

She has a sole proprietorship which she just started and my questions are in case I want to work here. I prefer to keep things legal and taxes low....

It seems that with two employees I can get a work permit and she can hire me if I have a reasonable salary.

Basically, I would be helping her communicate with her customers outside of Thailand mostly in the USA, on the phone and via email - thats it.

So maybe a salary of 8,000 baht might work?

Isn't the OP married to a Thai? Why does he need the work permit - except if it's just to cover his working for his wife's company if the police come around, and totally unrelated to the visa extension?

On the salary quoted he wouldn't get permission to stay on the basis of his working, and would have to have the money in the bank and/or proof of income for the extension of stay on the basis of supporting his wife.

Or am I missing something?

[Sunbelt Asia]

Hi,

Thanks everyone for your responses!

I missed most of this thread as I was getting ready to move to Thailand.

I now live in Isan with an "O" visa based on my marriage to my Thai wife.

She has a sole proprietorship which she just started and my questions are in case I want to work here. I prefer to keep things legal and taxes low....

It seems that with two employees I can get a work permit and she can hire me if I have a reasonable salary.

Basically, I would be helping her communicate with her customers outside of Thailand mostly in the USA, on the phone and via email - thats it.

So maybe a salary of 8,000 baht might work?

If you are trying to avoid having to pay tax on the salary, it could be up to around 14,400 Baht per month.

As for *8K" just depends on the labor Dept. Sometimes that amount is ok, sometimes they want more so you will pay tax, just depends. No set rate like you'll find if you were applying for the extension of stay based on business( Which I understand in your case is not needed as you have a extension of stay based on marriage)

www.sunbeltasiagroup.com

[torrenova]

I thought I understood and now I'm confused again. This is only for the under 50s.

If married, you have to show 40k and presumably pay tax on it. The cheapest way to do that is to both earn 20k I presume but then there are other costs such as WP etc. If wife earns 40k (or doesn't but pays tax on 40k) you get an extension of stay based on marriage.

Another way, your wife starts up a small business. She employs 2 other Thais and you can work for her on a low salary, say Bt15k and get a WP. Then you do what for your visa ? Can you get a visa on that 15k (or whatever) salary ?

[Maestro]

Torrenova, you are confused because Sunbelt answered a question regarding salary considerations by the Labour Department, whereas you are talking about income requirements for an extension of stay (you said visa but mean extension). Different government agencies, different requirements.

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Maestro