Work Permit Criteria Confusion...

[Marvo]

I need some help please. I thought it would be possible to extract the accurate, concise info I want by doing various searches of threads here but I don't seem to have quite got there, in relaton to my personal sittuation. I need to resolve 2 separate issues:

1) Initially obtaining a WP (presently having a 1 yr multi Non-Im "O" visa), based on working for a company with 2 million baht paid up registered capital,

2) In the subsequent year (coming back to thailand on a 1 yr Non-Im "B"), obtaining an extension of stay based on working for the same company.

Correct my understand that at the moment, I can obtain a WP under (1) with there being NO Thai employees in the company. Also I am of the understanding that there is no official wage amount I have to be paid to receive a WP.

For extension of stay, No. (2) above, I understand the Co. has to employ 4 Thai nationals and the Labour dept. WILL visit the place of work to verify. Also being a UK citizen I am required to be paid minimum 50,000 baht a month gross. Please could someone clarify if (and where the law states) the wages (and subsequent tax) MUST be paid out of genuine revenue as opposed to being paid from money loaned to the company. ie the company may take a couple of years to build turnover, in the mean time the 50,000 a month salary could not be met by revenue alone.

My profile:

• I am in Thailand on a 1 year non-im multi "O" visa doing 90 day border runs.

• I am a shareholder (and director) in a Thai company that has 2 million baht paid up registered capital.

• The company has no employees.

• IF I can obtain a work permit as in (1) above, the company will have a revenue/turnover in it's first year of 800,000 baht

• I am a UK citizen (single).

• I will be applying in the Pranbri (Prachuapkirikhan) area.

As a footnote, can someone please confirm that the Co. needs a Thai director as well as myself, as I cannot sign the Co. application for my own work permit?

Sunbelt have recently posted about the WP fees going as high as 20,000 baht a year. Anyone know if that has taken effect in Pranburi region yet?

Thanks, and sorry if the learn-ed gurus have answered this stuff before.

[2008bangkok]

Well number 1 you need to have a NON B to get a work permit unless you are married to a thai national then it can be a 0, i think its 40k per month for the WP, i have an extension of stay and at the time there wasnt 4 thais working for the company infact their were more english on extension of stays than there were thai people working, nobody came to visit me:( ...i think its just the luck of the land with tese rules i really do..what might happen for one might not happen for the other even though its the same...get that big book they call the rules of thailand and burn it as it dont mean shit..

good luck

[monkfish]

I have also just set up a company and I advise getting a good book keeper as the laws seem change all the time.

Don't know if there is a web page and if there is I suspect it will be Thai only.

Yes you will need a NON-IM B visa, I came on a NON-Im O was able to change it without leaving the country

Not sure how my book keeper pulled that off.

You will need to employ a minimum 4 Thai people, you do not have to pay there salary but they should be able to turn up

quickly should checks be made, so locals are better. In return they will get free health insurance which you will have to pay 5000 Bt per month by law.

Labor Dept will check! well they did with me! Advise keeping the main gate locked and do not answer if you are alone and do not speak Thai. They will be dressed in Yellow.

You will have to TAX on Bt 50,000 minimum but don't actually have to pay it out.

I pay about 1000Bt per month for my WP but have heard it will go to Bt 40 000 per year, but nobody knows when this will happen.

Yes you will need Turnover of 800 000 but this can be achieved easily. Do not go over 1 000 000 as you will have to pay Tax.

You will need 5 Thai share holders who will own 51% of your company.

[2008bangkok]

monfish why do you pay 1000 per month for a work permit the pice is 3800 on payment(well it was for mine)

[monkfish]

Not exactly sure what I pay would have to check, but it isn't 3800 per month, I think it's 3000 per 3 months or something

[2008bangkok]

Not exactly sure what I pay would have to check, but it isn't 3800 per month, I think it's 3000 per 3 months or something

No i mean i just had to pay 3800 baht one time payment no monthloy fee..curious as to why you have to do it is is a new law??

[Marvo]

Well number 1 you need to have a NON B to get a work permit

Yes you will need a NON-IM B visa,

But Sunbelt claim.....

Also, you can get a work permit on a "o" visa even if its for retirement or you have a extension of stay permit based on retirement. It's only on a education non immigrant permit or "ed" visa, that they won't allow a work permit.

www.sunbeltasiagroup.com

Monkfish, you say...

You will need to employ a minimum 4 Thai people, you do not have to pay there salary but they should be able to turn up

quickly should checks be made, so locals are better. In return they will get free health insurance which you will have to pay 5000 Bt per month by law.

Where do you get that 5000 Baht per month figure monkfish? Is that a minimum wage you're paying to your employees? It's not a social fund payment to the government for health insurance.

Sunbelt say...

Are there any minimum payments which you must make to the 4 Thai employees every month ?

e.g. minimum salary, insurance, health cover , holiday pay etc ?

In Bangkok, they must get at least 5,250 Baht per month. 5 % of the salary (maximum withholding of 750 Baht) must be taken out from the employee check every pay period. You as a employer must match those funds and submit it to the Social Fund Dept. As an example, one Thai employee would give 550 Baht if their salary was 5,500 Baht. They gave 275 Baht and you gave 275 Baht (=550 Baht).

www.sunbeltasiagroup.com

You will have to TAX on Bt 50,000 minimum but don't actually have to pay it out.

I guess here you are talking about I year visa extension based on business.

Do you mean the Labour office only want to see the Salary mentioned on my contract of employment as opposed to wanting to see proof of payment of tax for the last year? I can't believe the tax office will let me get away with, as you say, not "actually have to pay it out"! Or do I indeed not actually have to pay myself after declaring it to the Labour Office on my contract?

[Sunbelt Asia]

I need some help please. I thought it would be possible to extract the accurate, concise info I want by doing various searches of threads here but I don't seem to have quite got there, in relaton to my personal sittuation. I need to resolve 2 separate issues:

1) Initially obtaining a WP (presently having a 1 yr multi Non-Im "O" visa), based on working for a company with 2 million baht paid up registered capital,

2) In the subsequent year (coming back to thailand on a 1 yr Non-Im "B"), obtaining an extension of stay based on working for the same company.

Correct my understand that at the moment, I can obtain a WP under (1) with there being NO Thai employees in the company. Also I am of the understanding that there is no official wage amount I have to be paid to receive a WP.

In the district you are applying, they are very strict at the moment. They want 4 Thai employees per work permit, a letter of experience from your last employer and a copy of your diploma. This is for the Labor Dept criteria and is not the same criteria at other Labor Dept districts. They also in every case we know will visit your business location.

For extension of stay, No. (2) above, I understand the Co. has to employ 4 Thai nationals and the Labour dept. WILL visit the place of work to verify. Also being a UK citizen I am required to be paid minimum 50,000 baht a month gross. Please could someone clarify if (and where the law states) the wages (and subsequent tax) MUST be paid out of genuine revenue as opposed to being paid from money loaned to the company. ie the company may take a couple of years to build turnover, in the mean time the 50,000 a month salary could not be met by revenue alone.

http://www.lawyer.th.com/National_Police_O...er_Oct_2006.pdf Please look at 7.1

My profile:

• I am in Thailand on a 1 year non-im multi "O" visa doing 90 day border runs.

• I am a shareholder (and director) in a Thai company that has 2 million baht paid up registered capital.

• The company has no employees.

• IF I can obtain a work permit as in (1) above, the company will have a revenue/turnover in it's first year of 800,000 baht

• I am a UK citizen (single).

• I will be applying in the Pranbri (Prachuapkirikhan) area.

As a footnote, can someone please confirm that the Co. needs a Thai director as well as myself, as I cannot sign the Co. application for my own work permit?

You are able to sign for your own work permit as the employer and employee

Sunbelt have recently posted about the WP fees going as high as 20,000 baht a year. Anyone know if that has taken effect in Pranburi region yet?

Has not gone up yet.

www.sunbeltasiagroup.com

[Sunbelt Asia]

Do you mean the Labour office only want to see the Salary mentioned on my contract of employment as opposed to wanting to see proof of payment of tax for the last year? I can't believe the tax office will let me get away with, as you say, not "actually have to pay it out"! Or do I indeed not actually have to pay myself after declaring it to the Labour Office on my contract?

They could care less if you pay yourself or not. But they do care about the tax on the 50K salary per month being paid on the PND91.

www.sunbeltasiagroup.com

[rooster80]

Hi Guys!

I can't tell you what's correct or not, but here's what I pay for my company.

I have a one year business visa and a one year workpermit.

I have on paper 4 thai employees. I pay 2280B/month for social security. (570 baht a piece)

I pay 3000B/month in tax. these are suposed to be calculated from the 50,000B salary.

I got a letter a few months back. In it was a check for 3000Baht. Tax return!...

I also pay my accountaint 2000B/month to pay tax and social security for me.

So in total I pay 7280 baht per month. (excluding the yearly renewal fees)

I payed 3800 ,one time fee ,for my work permit.

Am I in trouble?...

[Marvo]

http://www.lawyer.th.com/National_Police_O...er_Oct_2006.pdf Please look at 7.1

Thanks for the reply Sunbelt. The link above says...

(1) The foreigner must obtain permit stamp for the temporary entry and

(2) The foreigner must earn salary at the rate in accordance to the rate attached to this order and

No rate attached but i presume this is the 50,000 Baht for UK citizen?

(3) The business must have a registered capital of no less than 2 Million Baht and

The Co. was set up as having reg'd capital figure of 2 million Baht.

(4) That business must submit their year end balance sheet which has been inspect and certified by a certified accountant. In order to show the financial status, stability and recognition of business. In overall the audit must show owner’s equity of no less than 1 Million Baht and

The Co. was set up five months ago. The only monies introduced to the company so far have been 3.1 million Baht for purchase of premises, (purchase completed 3 months ago). In the first year of trading I am predicting revenue of approx 800,000 Baht. Any chance you could explain to me how the 3.1 mil introduced to purchase assets relates to the phrase above highlighted in red and how 1 million Baht "equity" can be shown.

(5) That business must submit their year end profit and loss account which has been inspect and certified by a certified accountant. In overall the total revenue must show an amount higher than the total salary and benefit paid the employee and

(6) That certain business has the necessity to employ foreigner and

(7) That business must have a ratio between foreign employee to Thai employee of 1:4

You are able to sign for your own work permit as the employer and employee

Excuse my paranoia, but didn't I see it posted before, that a foreign director is not allowed to do "work" such as signing business papers without a work permit?

Also, could you confirm that I can initially apply for a work permit on my current 1 year multi non-im O visa?

Many many thanks for your time Sunbelt settling my queries with your expertise and up-to-date experience because quite frankly, I'm getting a headache with all this "localised interpretation on the law"

Marvo

[Marvo]

Hi Guys!

I can't tell you what's correct or not, but here's what I pay for my company.

I have a one year business visa and a one year workpermit.

I have on paper 4 thai employees. I pay 2280B/month for social security. (570 baht a piece)

I pay 3000B/month in tax. these are suposed to be calculated from the 50,000B salary.

I got a letter a few months back. In it was a check for 3000Baht. Tax return!...

I also pay my accountaint 2000B/month to pay tax and social security for me.

So in total I pay 7280 baht per month. (excluding the yearly renewal fees)

I payed 3800 ,one time fee ,for my work permit.

Am I in trouble?...

Thanks for sharing the info rooster

Can you tell us what district you're in and have you had anyone round to check up on your employees?

[Sunbelt Asia]

No rate attached but i presume this is the 50,000 Baht for UK citizen?

yes

The Co. was set up five months ago. The only monies introduced to the company so far have been 3.1 million Baht for purchase of premises, (purchase completed 3 months ago). In the first year of trading I am predicting revenue of approx 800,000 Baht. Any chance you could explain to me how the 3.1 mil introduced to purchase assets relates to the phrase above highlighted in red and how 1 million Baht "equity" can be shown.

It’s your liquidating value of your business without taking in account any good will. Assets - any liabilities you owe = Liquidating value. Assets are anything of hard value not only cash. Where many have a problem is they book the paid up capital as a loan to the director and this is not included in the hard assets.

Your property is 3.1 million. You owe 500,000 Baht. Your liquidating value is 2.6 million Baht.

[

Excuse my paranoia, but didn't I see it posted before, that a foreign director is not allowed to do "work" such as signing business papers without a work permit?

You are signing a work permit application. You are not going to get arrested for asking to be legal to work. You do not need a Thai director to file the forms to the government when you are setting up the company.

If you do not get a work permit and don't work in Thailand, you still can be the only Director a year later. Even when you sign the tax audits by being outside the country. You must prove if asked however that your passport was outside the Kingdom when you signed the audit.

Also, could you confirm that I can initially apply for a work permit on my current 1 year multi non-im O visa?

yes

Many many thanks for your time Sunbelt settling my queries with your expertise and up-to-date experience because quite frankly, I'm getting a headache with all this "localised interpretation on the law"

You are welcome.

www.sunbeltasiagroup.com