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Posted

Some advice needed here.

Whilst I was married to my Thai ex, I lived with her at the Phuket guesthouse that we built, where the majority of the building funds were provided by me. During the 3 years that I lived at the guesthouse, the business was operated as a sole trader in her name. Because of this legal status, I was unable to obtain a work permit to work in the business, although I applied on 2 occasions. Therefore, I did not work :)

However, some of the hotel monthly funds were paid by travel companies into my personal bank account, and then transferred across to her personal bank account. The reason for this was to create a 'flow' though both our accounts which could assist us to obtain credit-cards at some stage etc. Some hotel bills were paid directly from my personal bank account, but the hotel profit etc ended up in her bank account - and then disappeared....

During the period that I had some influence on the business, all business papers and corporate tax were correctly filed. As our relationship faltered, I am aware that my ex failed to look after the tax/VAT requirements, despite my warnings of the importance of this.

Since divorcing her and leaving the guesthouse location, I am aware that she is still not looking after the tax/VAT requirements. I am concerned over possible legal action against her in the future.

What legal steps can I take to 'break' any financial relationship that I have with her/her business?

If legal action is taken against her, could I be implicated in any way because some funds were passed through my bank account? AFAIK, since I was never a shareholder or legal owner in the business, and never worked in the business, I should not have a problem if some legal action is taken against her. But the fact that some business funds were paid 'via' my personal bank account does worry me.

Advice is much appreciated!

Simon

Posted

Surely at the time that the money was passing through your account the VAT and taxes were being filed correctly?

And it's only since you left that things are not being looked after as they should?

So I wouldn't worry about it.

Posted

As long as the business funds paid into your account are/were properly accounted for and taxes paid, then I see can no problem concerning said monies. However, it is not the best arrangement for running a business and you cannot claim that you had no involvement in the business. Any legal action for not filing annual accounts and taxes would be filed against the registered owner(s) of the business.

Posted

If...just if, I were in your shoes, I would talk to one of the most important (international) tax firms in either Bangkok and/or Phuket and have them draft and write an official letter*, directed at the tax office where you filed your tax/VAT papers previously, accompanied with copies of the official divorce papers and explain the situation that you are no longer responsible and connected with the hotel premises.

Better avoid than face unexpected consequences which would end up in nasty and lengthy fights with authorities; they have a longer breath and finances than most.

Wis you luck !

* in both Thai and English for your convenience.

LaoPo

Posted
If...just if, I were in your shoes, I would talk to one of the most important (international) tax firms in either Bangkok and/or Phuket and have them draft and write an official letter*, directed at the tax office where you filed your tax/VAT papers previously, accompanied with copies of the official divorce papers and explain the situation that you are no longer responsible and connected with the hotel premises.

Better avoid than face unexpected consequences which would end up in nasty and lengthy fights with authorities; they have a longer breath and finances than most.

Wis you luck !

* in both Thai and English for your convenience.

LaoPo

Adding to LaoPo's input;

Pointing out that as a loyal and devoted husband (at the time) you were doing everything in your powers to assist your wife in her endeavors. :)

Posted

^^

..and that following a divorce, she may do everything in her power to shift blame for tax irregularities onto the farang, this course of action being the sweet spot both for her and the Thai authorities.

Get some paperwork.

Posted

If I am understanding your concern correctly.  Business developed with foreign moneys not all her own.  Mixed personnel accounts and a business, business cash flows over personnel accounts.  You never had a work permit.  Careful they don't just take the works from her completely.  If they are not looking for you, why help them find you.  Let the time pass you have the same story later that you have now.   You paid the tax when you were there.  Your hands are clean.   Its her problem now.  If she drags you into it years later, she has even less excuse.  And you don't speeekkeee  Thai.  just my HO

Posted
Some advice needed here.

Whilst I was married to my Thai ex, I lived with her at the Phuket guesthouse that we built, where the majority of the building funds were provided by me. During the 3 years that I lived at the guesthouse, the business was operated as a sole trader in her name. Because of this legal status, I was unable to obtain a work permit to work in the business, although I applied on 2 occasions. Therefore, I did not work :)

However, some of the hotel monthly funds were paid by travel companies into my personal bank account, and then transferred across to her personal bank account. The reason for this was to create a 'flow' though both our accounts which could assist us to obtain credit-cards at some stage etc. Some hotel bills were paid directly from my personal bank account, but the hotel profit etc ended up in her bank account - and then disappeared....

During the period that I had some influence on the business, all business papers and corporate tax were correctly filed. As our relationship faltered, I am aware that my ex failed to look after the tax/VAT requirements, despite my warnings of the importance of this.

Since divorcing her and leaving the guesthouse location, I am aware that she is still not looking after the tax/VAT requirements. I am concerned over possible legal action against her in the future.

What legal steps can I take to 'break' any financial relationship that I have with her/her business?

If legal action is taken against her, could I be implicated in any way because some funds were passed through my bank account? AFAIK, since I was never a shareholder or legal owner in the business, and never worked in the business, I should not have a problem if some legal action is taken against her. But the fact that some business funds were paid 'via' my personal bank account does worry me.

Advice is much appreciated!

Simon

Are u another dick,big time

Posted
Some advice needed here.

Whilst I was married to my Thai ex, I lived with her at the Phuket guesthouse that we built, where the majority of the building funds were provided by me. During the 3 years that I lived at the guesthouse, the business was operated as a sole trader in her name. Because of this legal status, I was unable to obtain a work permit to work in the business, although I applied on 2 occasions. Therefore, I did not work :)

However, some of the hotel monthly funds were paid by travel companies into my personal bank account, and then transferred across to her personal bank account. The reason for this was to create a 'flow' though both our accounts which could assist us to obtain credit-cards at some stage etc. Some hotel bills were paid directly from my personal bank account, but the hotel profit etc ended up in her bank account - and then disappeared....

During the period that I had some influence on the business, all business papers and corporate tax were correctly filed. As our relationship faltered, I am aware that my ex failed to look after the tax/VAT requirements, despite my warnings of the importance of this.

Since divorcing her and leaving the guesthouse location, I am aware that she is still not looking after the tax/VAT requirements. I am concerned over possible legal action against her in the future.

What legal steps can I take to 'break' any financial relationship that I have with her/her business?

If legal action is taken against her, could I be implicated in any way because some funds were passed through my bank account? AFAIK, since I was never a shareholder or legal owner in the business, and never worked in the business, I should not have a problem if some legal action is taken against her. But the fact that some business funds were paid 'via' my personal bank account does worry me.

Advice is much appreciated!

Simon

Are u another dick,big time

Where do people like you crawl out from?

He's asking for advice to what could be a future problem.

If you have nothing constructive to add why not have another beer and go back to watching slamball.

Posted

If I were in that situation, I would keep a very low profile and plead ignorance IF there were any questions. Out of sight, out of mind. Why give the Thai authorities any ideas.

Posted
Some advice needed here.

Whilst I was married to my Thai ex, I lived with her at the Phuket guesthouse that we built, where the majority of the building funds were provided by me. During the 3 years that I lived at the guesthouse, the business was operated as a sole trader in her name. Because of this legal status, I was unable to obtain a work permit to work in the business, although I applied on 2 occasions. Therefore, I did not work :)

However, some of the hotel monthly funds were paid by travel companies into my personal bank account, and then transferred across to her personal bank account. The reason for this was to create a 'flow' though both our accounts which could assist us to obtain credit-cards at some stage etc. Some hotel bills were paid directly from my personal bank account, but the hotel profit etc ended up in her bank account - and then disappeared....

During the period that I had some influence on the business, all business papers and corporate tax were correctly filed. As our relationship faltered, I am aware that my ex failed to look after the tax/VAT requirements, despite my warnings of the importance of this.

Since divorcing her and leaving the guesthouse location, I am aware that she is still not looking after the tax/VAT requirements. I am concerned over possible legal action against her in the future.

What legal steps can I take to 'break' any financial relationship that I have with her/her business?

If legal action is taken against her, could I be implicated in any way because some funds were passed through my bank account? AFAIK, since I was never a shareholder or legal owner in the business, and never worked in the business, I should not have a problem if some legal action is taken against her. But the fact that some business funds were paid 'via' my personal bank account does worry me.

Advice is much appreciated!

Simon

Are u another dick,big time

Where do people like you crawl out from?

He's asking for advice to what could be a future problem.

If you have nothing constructive to add why not have another beer and go back to watching slamball.

I concur completely with edwinchester. Shame on you 'the fast'.

To go back to the original question, I would make a 'settlement agreement' with the ex-wife (which should have been made prior to the issuing of the divorce document) stating, amongst other points, that you are not responsible for any payments/taxes/liabilities. You should speak to a good lawyer on this issue.

All the best.

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