jstumbo Posted October 14, 2007 Posted October 14, 2007 I have a non-B visa and I have been coming into the country for the last 3 years or so about every 4 months, staying for 1-2 weeks. I do a few days of business and then relax for a few days. Now it looks like I will be setting up my base of operations in Bangkok instead of Shanghai and I am sure that I will need a WP now since I will be doing a lot of work via the interent, phone calls, and visiting the factories. Problem is that I work for a US company and we have no offices in Thailand. We have a couple of factories that we purchase products from, but no operations or company here. How can I get a work permit that allows me to be in Thailand more and do my work with the factories if we dont have a Thai company? Will I need to create a Thai company and hire 4 employees and do everything like that in order to get the WP? I don't think the company is going to spend the 2 million baht to create a company here. They would just tell me to stay in China instead, and I am beginning to really hate China. Any suggestions? Jim
digitalchromakey Posted October 14, 2007 Posted October 14, 2007 It just might be that your company's activities do meet one of the many criteria for issuance of a Thai work permit. You can check the regulations at the following link which has a translation of the current Work Permit regulations http://www.thaivisa.com/forum/index.php?sh...rt=#entry536468 If not, it's not as expensive to set up a small company here in Thailand as you might think. You could establish a Thai Limited Partnership as a mechanism for getting a work permit. Such a limited partnership does not need 4 Thai employees, just 2 million THB Capitalisation per WP. The 2 million capitalisation can be initially set up for a few thousand baht. Note that the capitalisation is the limit of liability for the company and does not have to be sitting in your bank (ever). Using a reputable law firm, your initial company set up costs for such a partnership may be in the 10,000 to 30,000 THB range. You then have the costs for a Work Permit application, plus visa run costs. The catch is that you need a Thai Managing Partner who is the partnersip's director and that person will have unlimited liability. Your liability would be limited to the extent of the partnersip's capitalisation. The ongoing running costs are similar to those of a Thai Limited Company. Also you have running costs, taxes to pay and annual audited accounts to produce as well. All in all these costs are not that much different from those of a full Thai Limited Company. This model has been used by some foreigners wanting to set up small companies here in Thailand; you obviously need a Thai managing partner who you can trust 100%
jstumbo Posted October 14, 2007 Author Posted October 14, 2007 It just might be that your company's activities do meet one of the many criteria for issuance of a Thai work permit. You can check the regulations at the following link which has a translation of the current Work Permit regulations http://www.thaivisa.com/forum/index.php?sh...rt=#entry536468 If not, it's not as expensive to set up a small company here in Thailand as you might think. You could establish a Thai Limited Partnership as a mechanism for getting a work permit. Such a limited partnership does not need 4 Thai employees, just 2 million THB Capitalisation per WP. The 2 million capitalisation can be initially set up for a few thousand baht. Note that the capitalisation is the limit of liability for the company and does not have to be sitting in your bank (ever). Using a reputable law firm, your initial company set up costs for such a partnership may be in the 10,000 to 30,000 THB range. You then have the costs for a Work Permit application, plus visa run costs. The catch is that you need a Thai Managing Partner who is the partnersip's director and that person will have unlimited liability. Your liability would be limited to the extent of the partnersip's capitalisation. The ongoing running costs are similar to those of a Thai Limited Company. Also you have running costs, taxes to pay and annual audited accounts to produce as well. All in all these costs are not that much different from those of a full Thai Limited Company. This model has been used by some foreigners wanting to set up small companies here in Thailand; you obviously need a Thai managing partner who you can trust 100% This sounds like it should work. It would only need to be some type of operation that allows me to get a WP. The US company would be the only customer and could "pay" the Thai company the minimum amount needed to cover costs and pay me whatever is required to get the WP. They can pay me the rest of man salary in the US. I have a good thai friend that owns a factory and a massage parlor on Rachada. He is not hurting for money, so I can't see him screwing me over. I would think that there would not be any real liability since it would just be a Thai company that is really part of the US company, so who would have any reason to sue it, surely not our US company. I always thought that you had to invest around $75,000 USD to setup a company, and I could not see the US company doing that just because I felt like living in Thailand. But a few thousand would not be any problem. I was going to talk to Sunbelt when I cam down there next about creating a company under the treaty with the US, I will have to talk about this route as well then. Thanks, Jim
TerryLH Posted October 14, 2007 Posted October 14, 2007 When you talk to Sunbelt, or whoever, you should ask about what to do about having multiple addresses you'll be doing work at. ("...and visiting the factories.")
torrenova Posted October 15, 2007 Posted October 15, 2007 When you talk to Sunbelt, or whoever, you should ask about what to do about having multiple addresses you'll be doing work at. ("...and visiting the factories.") Yeah, some guys here in Pattaya had their permits "not renewed" despite many years on WPs because immigration started playing up on this one. And all one compeny.
digitalchromakey Posted October 15, 2007 Posted October 15, 2007 When you talk to Sunbelt, or whoever, you should ask about what to do about having multiple addresses you'll be doing work at. ("...and visiting the factories.") Yeah, some guys here in Pattaya had their permits "not renewed" despite many years on WPs because immigration started playing up on this one. And all one compeny. What do you mean when you write permits "not renewed"?
Sunbelt Asia Posted October 15, 2007 Posted October 15, 2007 It just might be that your company's activities do meet one of the many criteria for issuance of a Thai work permit. You can check the regulations at the following link which has a translation of the current Work Permit regulations http://www.thaivisa.com/forum/index.php?sh...rt=#entry536468 If not, it's not as expensive to set up a small company here in Thailand as you might think. You could establish a Thai Limited Partnership as a mechanism for getting a work permit. Such a limited partnership does not need 4 Thai employees, just 2 million THB Capitalisation per WP. The 2 million capitalisation can be initially set up for a few thousand baht. Note that the capitalisation is the limit of liability for the company and does not have to be sitting in your bank (ever). Using a reputable law firm, your initial company set up costs for such a partnership may be in the 10,000 to 30,000 THB range. You then have the costs for a Work Permit application, plus visa run costs. The catch is that you need a Thai Managing Partner who is the partnersip's director and that person will have unlimited liability. Your liability would be limited to the extent of the partnersip's capitalisation. The ongoing running costs are similar to those of a Thai Limited Company. Also you have running costs, taxes to pay and annual audited accounts to produce as well. All in all these costs are not that much different from those of a full Thai Limited Company. This model has been used by some foreigners wanting to set up small companies here in Thailand; you obviously need a Thai managing partner who you can trust 100% If you are American then you can be the managing partner in a Limited Partnership. Still because of the unlimited liability, most Americans use a Limited Company. The problem with a Limited partnership is having partners that you are responsible for ( if they borrow funds for the Limted Company, you can be responsible) and you have unlimited liability if you get involved in the day to day management of the business. You don't need to invest two or three million baht to get a work permit with a Thai limited Company as well. ( this can change in August 2009) as you can use service, equipment, etc as well as cash to pay for shares. You have options as a American, some will go with a Thai partner, others want to be in control of the ship. You don't need 4 Thai employees to get a work permit. As for different addresses, you simply apply for the right to work anywhere in the city after you get your work permit. You have to show copies of contracts for the company to get approved. www.sunbeltasiagroup.com
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