Airbnb business in Thailand(license and setting up an LLC)?

[GWAA]

Hello, I'm foreigner and am exploring the possibilities of setting an airbnb business in Thailand.

Since the concerning law is somewhat complicated with many exception clauses and is still changing, and unfortunately, lawyers that I talked were not helpful(I don't know why but they don't get the point or pretend to), I want to ask to people who actually have dealt with this issues.

 

1) As far as I know for less than 30 days of accommodation, the hotel license is needed, but there is an exception clause saying  if the property contains "a number of not exceeding 8 rooms on all floors in total and with a capacity of not more than 30 guests", it is not considered as a hotel, that being so, the hotel license is not needed. However, still some kind of certificate or license is needed(I don't know which one is exactly). Can someone tell me if what I said is true?

 

2) So even without the hotel license needed, if there is still a certificate or license to comply with, I think I should register with the authorities. My main question is if setting up an LLC would be necessary or if I can start a business as an individual capacity.

 

Or can someone recommend a place/website/firm where I get a decent legal advice? As said earlier, it's kinda exhausting to find one. Thank you in advance.

Edited August 9 by GWAA

[FritsSikkink]

To work in Thailand, you need a work permit. To get a work permit, you need to work for a company (can be your own). That company needs 4 Thai workers for each work permit. Unless you are from the USA, you can only own 49% of the shares of that company. 

[BakedPanda]

You would need the place to be a homestay license, similar to guesthouses, when not being big enough for a hotel license. You would obviously need a Thai business partner regardless too, specially if you also deal with it remotely, else is gonna cause many issues if a cleaner disapears etc. Without that license airbnb would be illegal technically with under 30 day stays.

 

You can ignore the nonsense comment above about needing a work permit or 4 employees, specially for the business concept you have in mind. Why on earth would anyone obtain a work permit for such business, OP is not needing to do any psychical or offline work that requires that, neither would there be a minimum of employees, can even be zero.

Edited August 9 by BakedPanda

[patman30]

protect your properties
i assume properties will be in company names
rent the properties to a separate company you setup for airbnb
just in case.

[FritsSikkink]

3 hours ago, BakedPanda said:

You would need the place to be a homestay license, similar to guesthouses, when not being big enough for a hotel license. You would obviously need a Thai business partner regardless too, specially if you also deal with it remotely, else is gonna cause many issues if a cleaner disapears etc. Without that license airbnb would be illegal technically with under 30 day stays.

 

You can ignore the nonsense comment above about needing a work permit or 4 employees, specially for the business concept you have in mind. Why on earth would anyone obtain a work permit for such business, OP is not needing to do any psychical or offline work that requires that, neither would there be a minimum of employees, can even be zero.

He needs to manage people (cleaner), so he does work. That he manages other things online is work too.

So not a nonsense comment, you are ignoring the law. That people get away with it, doesn't make it legal.

Edited August 9 by FritsSikkink