Questions For Marriage Visa And 40k Per Month

[torrenova]

Say my wife starts a business and wishes to make a tax return which would allow me (I am under 50) to get a visa on the basis of Bt40,000 minimum family income then can someone help with the following questions:

After starting the business, at what point does she inform the authorities ?

When is tax due ?

What about writing off start up costs ?

What about accountancy, this will not be a company ?

After how long could one reasonably request the visa ?

Please chuck up any other relevant questions / answers / information.

Finally, does anyone know the attitude of the immigration authorities to a situation where the westerner and his wife fulfill the minimum requirements but it is the Thai wife earning whilst the husband, ostensibly, does not work and relies upon his wife for support, even though he may have provided her with the seed capital to earn that income ?

Thanks

[Cyberstar]

Basically, if a Thai wants to start a business - merely to make a living - all she has to do is to set up the place and acquire the proper licenses for doing/selling what she does/sells. Often she'd need a handful of those licenses. Most will set her back about 50 baht each, but things like license to sell beer or cigarettes would be in the 1-200 baht bracket.

After that, she just start to do ther business. No need to register to the tax guys, and no need to do any kind of accounting. Eventually, the tax guys will come around and tell her how much they'd estimate a business like hers should make and write her a tax-bill, accordingly.

Finally, does anyone know the attitude of the immigration authorities to a situation where the westerner and his wife fulfill the minimum requirements but it is the Thai wife earning whilst the husband, ostensibly, does not work and relies upon his wife for support, even though he may have provided her with the seed capital to earn that income ?

Now, that's a silly question to ask - there is no such thing as ONE 'attitude of the immigration authorities' ... BUT, I wouldn't advice you to put too much stress on the circumstance than you're applying for a visa extension on the grounds that you've invested in - let's say a noodle stall.

[rainman]

I believe all you need if she is working would be her tax returns for at least 40k per month and you should get your visa.

[ozzydom]

I believe all you need if she is working would be her tax returns for at least 40k per month and you should get your visa.

Immigration told T/W she must register the business and have tax returns and receipts for the previous 6-12 months (depending on which officer you ask).

[Lite Beer]

I know this has been asked before but how much would the tax be on 40,000 a month?

[Martin_F]

I know this has been asked before but how much would the tax be on 40,000 a month?

A monthly income of THB40K equates to THB480K over 12 months.

Assuming that this is earned income the tax is as follows (with no children and no other income nor taxable expenses):

[font="Courier New"]
			    THB
			------------
Salary		(40,000X12)	 480,000.00 
Less deduction			  60,000.00 		
			------------
Net Income			 420,000.00 		
Less Allowance (Spouse & Self) 	  60,000.00 		
			------------
Taxable Income			 360,000.00 		
			------------

	Rate	 Tax. Inc. 	    Tax     	 Monthly
	----	 ---------- 	 ---------	 --------
Tax 		0%	 100,000.00 	      -   	     -
	10%	 260,000.00 	 26,000.00 	 2,166.67 
		 ---------- 	 ---------	 --------
Total			 360,000.00 	 26,000.00 	 2,166.67 
		 ---------- 	 ---------	 --------
[/font]

Therefore the monthly income tax charge would be around THB2,200.

Edited August 11, 2007 by Martin_F

[ozzydom]

I know this has been asked before but how much would the tax be on 40,000 a month?

A monthly income of THB40K equates to THB480K over 12 months.

Assuming that this is earned income the tax is as follows (with no children and no other income nor taxable expenses):

[font="Courier New"]
			    THB
			------------
Salary		(40,000X12)	 480,000.00 
Less deduction			  60,000.00 		
			------------
Net Income			 420,000.00 		
Less Allowance (Spouse & Self) 	  60,000.00 		
			------------
Taxable Income			 360,000.00 		
			------------

	Rate	 Tax. Inc. 	    Tax     	 Monthly
	----	 ---------- 	 ---------	 --------
Tax 		0%	 100,000.00 	      -   	     -
	10%	 260,000.00 	 26,000.00 	 2,166.67 
		 ---------- 	 ---------	 --------
Total			 360,000.00 	 26,000.00 	 2,166.67 
		 ---------- 	 ---------	 --------
[/font]

Therefore the monthly income tax charge would be around THB2,200.

The OP is talking about income from a business ,not a salary,so the tax is on the nett after costs are deducted. In our case ,being a farm the T/W gets 80% cost of income plus her 30,000 bt allowance.

Her tax on over 500k was about 1% of gross.

[eddie11]

The OP is talking about income from a business ,not a salary,so the tax is on the nett after costs are deducted. In our case ,being a farm the T/W gets 80% cost of income plus her 30,000 bt allowance.

Her tax on over 500k was about 1% of gross.

Hi Ozzydom,

The wife and I own a restaurant (in her name only)and would like to know what needs to be done

so she will qualify for the 40k+ per month for tax purposes.

I am using the 400k in the bank but would like to get ready just in case they change the rules .

Many thanks

[Maestro]

The OP is talking about income from a business ,not a salary,so the tax is on the nett after costs are deducted.

I believe the profit of a business run as “sole proprietorship” is taxed the same as personal income of the proprietor.

Yes, without accounting records – which apparently are not needed if the sole proprietorship’s turnover is not high enouth to require VAT registration – the taxman calculates the gross profit as turnover minus 80%. If no record of turnover exists, he will estimate it.

--------------

Maestro

[Foggy Bottom]

Finally, does anyone know the attitude of the immigration authorities to a situation where the westerner and his wife fulfill the minimum requirements but it is the Thai wife earning whilst the husband, ostensibly, does not work and relies upon his wife for support, even though he may have provided her with the seed capital to earn that income ?

Thanks

To paraphrase something the Labour Office (workpermits) once told me ......

You are not allowed to sponge off your wife - you have to empoly a Thai to do that!

[rogerman]

if the wife is earning 40,000 THB or more and the husband is not earning.....the husband can apply for a dependants visa based on the wifes income

[Maestro]

if the wife is earning 40,000 THB or more and the husband is not earning.....the husband can apply for a dependants visa based on the wifes income

The husband applies, at a Thai consulate, for a non-O visa, purpose of visit “visit family”. After arrival in Thailand, he applies at an immigration office for an annual extension of stay, reason for extension “to live with Thai wife”

--

Maestro

[distortedlink]

Say my wife starts a business and wishes to make a tax return which would allow me (I am under 50) to get a visa on the basis of Bt40,000 minimum family income then can someone help with the following questions:

After starting the business, at what point does she inform the authorities ?

When is tax due ?

What about writing off start up costs ?

What about accountancy, this will not be a company ?

After how long could one reasonably request the visa?

Please chuck up any other relevant questions / answers / information.

Finally, does anyone know the attitude of the immigration authorities to a situation where the westerner and his wife fulfill the minimum requirements but it is the Thai wife earning whilst the husband, ostensibly, does not work and relies upon his wife for support, even though he may have provided her with the seed capital to earn that income ?

Thanks

Some answers:

After starting the business, at what point does she inform the authorities ?

Once you begin trading or claiming anything pertaining to the business, buying property in company name for example.

When is tax due ?

Annually

What about writing off start up costs ?

May be able to claim back in tax discounts

What about accountancy, this will not be a company ?

If making income, tax must be paid. The relavant forms should be available at tax office. Receipts proof of income and expenditure to be filed with tax office each year and tax paid. Remember to claim allowances.

After how long could one reasonably request the visa ?

You must have a bona-fide registered company that fits immigration requirements for companies with farang directors to apply for a non-immigrant (B- business class) visa up to three years. Otherwise your only other options is to apply as having a Thai wife or being employed by a Thai company providing the job does not contravene the alien prohibited professions act.

Please chuck up any other relevant questions / answers / information.

Finally, does anyone know the attitude of the immigration authorities to a situation where the westerner and his wife fulfill the minimum requirements but it is the Thai wife earning whilst the husband, ostensibly, does not work and relies upon his wife for support, even though he may have provided her with the seed capital to earn that income ?

//totally false information removed//

[/color]Pleasure to be of service.

[torrenova]

So we have mixed answers here.

Some say ok, the family makes 40k or more per month and pays tax on that so here you are hubby, have a visa (extension).

On the other hand, some posters seem to think that even though the conditions are being satisfied (40k+), they will tell me to get lost because it looks like my wife is supporting me.

To clarify a couple of points.

We have no intention of starting a company, just her owning a business.

How long after she starts paying her tax on 40k could I get my visa based on marriage and 40k per month ?

The end result is that I am currently on a B with WP (though I don't really work - friend's company) and looking at the annual costs, the tax on 40k per month (she earns more than that anyway but pays very little tax) is way less than my current costs. So, if I could piggy back on her situation (and she is going to have to start paying some taxes to get forms to get her mortgage) then why not save the cash ?

[Joe Walshe]

Firstly it is the farang husband that has to fulfill immigration requirements, not the Thai wife. The farang must show proof of income as required by immigration. Total Thai wife support is non applicable.

Thai attitudes to a Thai wife or any other Thai financially supporting a farang, they consider it as a rich farang poncing off a poor third world person. Unfortunately this belief is also reflected by the Thai government and all it`s departments including immigration.

Pleasure to be of service.

The last point, above, is interesting. I often wonder if the many retirees in Isarn could show that their wives earn more than 40,000 per month and be granted a visa on that basis. For example, someone with a big farm or business in town might easily comply. The advantage being, the Farang's money could remain off shore with some money, pension perhaps, being sent to Thailand.

[torrenova]

The last point, above, is interesting. I often wonder if the many retirees in Isarn could show that their wives earn more than 40,000 per month and be granted a visa on that basis. For example, someone with a big farm or business in town might easily comply. The advantage being, the Farang's money could remain off shore with some money, pension perhaps, being sent to Thailand.

Mine earns more than that with the businesses I helped to set up. These businesses are not companies and as such, being cash businesses, pay little tax. Some way off in the distance she wants to buy some property of her own. I agree with this but she will need tax receipts to prove she earns "enough".

As she will need to do this anyway and I need a visa to live here, why not combine the two, thus saving my current costs as she will have to bear these costs within 6 months anyway ?

I know when people write law they do not always think it through and I am sure that this law is supposed to be the westerner supporting the Thai wife but I think often it will have been the guy's money in the first place and thus I cannot see why they should or even could refuse someone who arrived on a non immigrant visa and had official documents satisfying the legal requirements.

I still need a consensus on how long after enacting this 40k+ per month could one apply for the visa with some confidence. Obviously waiting a year is daft but you would need some tax paid receipts presumably.

[lopburi3]

Firstly it is the farang husband that has to fulfill immigration requirements, not the Thai wife. The farang must show proof of income as required by immigration. Total Thai wife support is non applicable.

Thai attitudes to a Thai wife or any other Thai financially supporting a farang, they consider it as a rich farang poncing off a poor third world person. Unfortunately this belief is also reflected by the Thai government and all it`s departments including immigration.

Pleasure to be of service.

The last point, above, is interesting. I often wonder if the many retirees in Isarn could show that their wives earn more than 40,000 per month and be granted a visa on that basis. For example, someone with a big farm or business in town might easily comply. The advantage being, the Farang's money could remain off shore with some money, pension perhaps, being sent to Thailand.

The information quoted is false. The income can be husband or wife or a combination.

[kriswillems]

I know this has been asked before but how much would the tax be on 40,000 a month?

A monthly income of THB40K equates to THB480K over 12 months.

Assuming that this is earned income the tax is as follows (with no children and no other income nor taxable expenses):

[font="Courier New"]
			    THB
			------------
Salary		(40,000X12)	 480,000.00 
Less deduction			  60,000.00 		
			------------
Net Income			 420,000.00 		
Less Allowance (Spouse & Self) 	  60,000.00 		
			------------
Taxable Income			 360,000.00 		
			------------

	Rate	 Tax. Inc. 	    Tax     	 Monthly
	----	 ---------- 	 ---------	 --------
Tax 		0%	 100,000.00 	      -   	     -
	10%	 260,000.00 	 26,000.00 	 2,166.67 
		 ---------- 	 ---------	 --------
Total			 360,000.00 	 26,000.00 	 2,166.67 
		 ---------- 	 ---------	 --------
[/font]

Therefore the monthly income tax charge would be around THB2,200.

The OP is talking about income from a business ,not a salary,so the tax is on the nett after costs are deducted. In our case ,being a farm the T/W gets 80% cost of income plus her 30,000 bt allowance.

Her tax on over 500k was about 1% of gross.

And did you get a 1 year extention based on this income?

Edited August 13, 2007 by kriswillems

[eddie11]

Question???

Wife is sole proprietor of her business.

Earns 40k+ per month.

Fills out a PND 90 tax form

Take to immigration, get extension.????

This sounds easy enough but will I get my extension based on this.

[Sunbelt Asia]

Wife is sole proprietor of her business.

Earns 40k+ per month.

Fills out a PND 90 tax form

Take to immigration, get extension.????

This sounds easy enough but will I get my extension based on this.

Yes if the tax rate she paid was on the net earnings of over 480K for the year ( after expenses.)

www.sunbeltasiagroup.com

[minimart]

I just extended my non-B visa based on my wifes salary.

Financial documents she had to provide

91 Tax form

Company tax form (It's Form No. 1 if my memory serves me correctly)

Up to date bank book showing 40k a month salary going into the account with a covering letter signed by the bank manager saying the current balance and bank book is correct.

My finances were never even bought into the equation. As has been stated previously it's the husbands income, the wifes income or a combination of the 2 to meet the 40k requirements. It's perfectly legal under immigration law for the Thai wife to be shown to be supporting her foreign husband. Relatively rare admittedly but perfectly legal.

[Bredbury Blue]

Sorry i haven't read all the postings on here but here's my take on this.

I knew i was going to be terminated so i was enquiring on here about getting a O marriage visa (search Bredbury Blue on this subforum for the past 4 weeks and you'll seee my topic).

Don't know whether i was informed, read it elsewhere or misunderstood it all but i thought the wife would need income and the 400k in the bank wouldn't be applicable.

I used lawyers and at 5.30 pm last night received the stamp for 60 day extension of stay based on wife.

[lopburi3]

A 60 day extension of stay for visit with wife is a one time deal and has nothing to do with one year extensions of stay. For the family one year extensions it is now 40k family income and that can be wife or husband. The 400k bank deposit option has still been available to those in the system and is provided for in the new regulations. But some people have been told it will not continue to be available. Only time will tell it seems.

[Bredbury Blue]

A 60 day extension of stay for visit with wife is a one time deal and has nothing to do with one year extensions of stay. For the family one year extensions it is now 40k family income and that can be wife or husband. The 400k bank deposit option has still been available to those in the system and is provided for in the new regulations. But some people have been told it will not continue to be available. Only time will tell it seems.

Are you sure, my lawyer doesn't think so. The 40k income is listed on the current theoretical requirements but their opinion was currently it is not being enforced. Can any lawyers confirm one way or the other?

[minimart]

It's not a theoretical requirement it's a fact Bredbury. There must be a 40k income per month coming in either through work or a pension. Any other finances don't enter the equation. Immigration just want to see a Thai bank book with 40k coming in regularly with a letter from the bank manager stating the bank book is correct and the necessary documents (in the case of extending through working) to show income tax and company tax has been paid.

When I extended my non-B last week at Soi Suan Phlu immigration office on the basis of marriage to a Thai I also had my Thai deposit account bank book with me showing a balance of about 1.5 million baht (transferred from the UK because I'm going to buy a new car) and it didn't even leave my briefcase.

Edited August 17, 2007 by minimart

[Maestro]

Bredbury, you can find confirmation in Police Order 606/2549.

The annual extension for living with Thai wife (paragraph 7.17, clause 6 of the order) requires monthly family income of minimum 40,000 Baht.

The 60-day extension to visit Thai wife (paragraph 7.23) has no requirement of monthly income.

If your lawyer is confused, give him a printout of the original Thai text of the Police Order.

--

Maestro

[minimart]

The requirements list as handed to me by the immigration officer (I knew I had it somewhere!)

Application for visa extension in case of foreign husband stays with Thai wife as of the 1st October 2006

(Bring the original document and 2 copies)

1) Extension application form TM7 in filled in form

2) Photo copies of passport or travel document (complete with copy of all the pages that have anything to do with the current visa, re-entry visas, arrival stamps and current TM6 slip)

3) Valid visa category Non Imm O or B

4) In case of working, the average income of husband or wife or both must not be less than 40000 Thai baht. If the husband works he must have a work permit. Income tax papers from previous year ( Phor Ngor Dor 1, Phor Ngor Dor 91, Phor Ngor Dor 94)

5) In the case of receiving a pension applicant must provide evidence of a monthly pension with a minimum of 40000 baht. Evidence must include a letter of certification from the embassy/consulate where the applicant holds citizenship. The consulate stamp needs to be verifed by the Thai Ministry Of Foreign Affairs on Chaeng Wattana road.

6) The bank must issue a letter of verification stating the current balance of the saving deposit account. The statement should be made on the same day as the extension application. Photocopies of all pages of the bank book. The money must be in a Thai bank.

7) Marriage certificate. If married outside Thailand the certificate must be certified by the applicants embassy/consulate of the country where married and then verified by the Thai Ministry Of Foreign Affairs.

8) Wifes ID card and house registration book.

9) 2 full face photos of the applicant 4X6 centimetres taken within the last 6 months.

10) Birth certificate of any children (if applicable)

Hope this clears up any confusion folks. Using the above I sorted my extension within about 20 minutes.

Edited August 18, 2007 by minimart

[ozzydom]

Wife is sole proprietor of her business.

Earns 40k+ per month.

Fills out a PND 90 tax form

Take to immigration, get extension.????

This sounds easy enough but will I get my extension based on this.

Yes if the tax rate she paid was on the net earnings of over 480K for the year ( after expenses.)

www.sunbeltasiagroup.com

Sunbelt, does that mean my wife has to show a gross of about 2.4 mill to come up with a nett taxable income of 480k (80% cost of production deduction ) from her farm for me to qualify????.

Ozzy

[Bredbury Blue]

I think you missed my point. The police requirement list was shown to me by the lawyer with Bht 40k income clearly stated, but as the lawyer stated, one day they want 10 out of 10 requirements and another week they don't - depends on factors like politics, new police chief, etc. Similarly i just applied for a work permit again in my old position with my own compnay after a year away from it and on certain issues the lawyer was surprised that they were strictly applying the letter of the law whicvh they hadn't been the last time she was at the din daeng office. That is why i feel it is worth the money using lawyers to apply for visas and work permits if you're bordering in the grey areas - they know the requirements, they know what requirements are and arenot being applied and they have the rapport with the official behind the desk.

[minimart]

Like I said. Soi Suan Phlu main immi office. After queing I was sorted out within 20 minutes. The list was given to me by the actual immigration officer to check I had the necessary documentation with me. If you have all the items on the list then you meet their requirements. They're not difficult to get. There are no "hidden extras" Admittedly if you want to play games with them then go to an upcountry immi office and see if they follow the same set of rules but if you want it nice and simple then Soi Suan Phlu is the answer.