Start Thai Company On Non-o Marriage Visa

[jimky]

I'm wondering if it is any cheaper or easier to start a Thai company while on a Non Immigrant O (based on Marriage to a thai) visa already.

Is the same 2 million Baht minimum register capital required for a work permit? My confusion comes in that the article on this site as well as several other said assuming one farang work permit and visa is required the minimum is 2 million baht register capital. Note the "and visa" part, I don't need a visa and meet qualification for extension of stay without this.

Another side question: My understanding is that working in Thailand, and paying taxes in Thailand can help me to down the road get permanent residency here. If this is not true then I don't even need to be involved with the company and she could own it all. This is because the purpose is not totally profit driven. I'll explain that below.

The question are above. Details perhaps for anyone interested in the conversation are below:

To give some specifics. I'd like to own an internet based company with my wife, that profits from affiliating and advertising. I've been quite successful with this outside Thailand. The deal here is we'd like to give work to a few people here, the actual websites might not have anything to do with Thailand, and the target audience probably won't be thais for most websites, but the work will be done from Thailand and we do want to employ a few Thais.

Some other info:

I'm 30 years old now. When I was in 20's I didn't have much family and a Thai family in USA became like a family to me. I became very close to them, call the woman mom she refers to me as her son, same with her kids consider them brothers and sisters etc. I came to Thailand on vacation with her and we visited her family in Isaan. I really was attracted to this area because of low cost of living and decided to stay because met a lot of nice people here and really had this dream of creating more jobs in this area. From the begning I was near attacked, stalked by several woman when coming here lol.. I picked the one who was least aggressive and I really felt connected with. I then lived with her 5 months before we married last month. Spending time with her, I got side tracked on my initial plan.. but my reason for wanting to start a company relates to my original reason for coming here. This might be small initially, but I want to learn more about business in Thailand and find ways to create more jobs here (Isaan).

Profit is not the hugest concern. I have enough residual from past businesses to live comfortably on. I do enjoy the challenge, want to do something together with my wife, and really want to create some jobs here. Just looking for the lowest cost way to do this or to spend a little more if that means it can help me down the road in getting permanent residency here.

Any answers to questions or helpful advice or conversation appreciated.

[Maestro]

For general background information on Permanent Residency (PR) you will benefit from reading this pinned topic:

http://www.thaivisa.com/forum/Camerata-s-G...ide-t74654.html

One important criterion is tax-paid income in Thailand for a continuous period of three years prior to application for PR. This should be an income of not less than 80,000 Baht per month, I understand, but I hope to corrected if I err on this point. Knowing the Thai language and culture, apparently also being able to sing the Thai and Royal anthems, integration in Thai society (references from Thai nationals), donations to Thai charities (receipts), etc. seem to be other factors that count.

--

Maestro

[tripplejjj]

Well, this is not an advice but I hope that you succeed and stay happy.

[richardt1808]

hi,

It is my understading that if you are married to a Thai, the work-permit requirements are basically halved, so registered capital required is less and number of employees is less. You can do a search here for details or check with your lawyer.

Setting up a business should be fairly straight-forward for you and yes, having a work-permit and paying tax will tick pretty much all the boxes for your PR if you decide to do it at some point.

One note of caution: It is never a good idea to be in business with a spouse, especially in Thailand. There is actually a law against spouses holding shares on your behalf so you can safely own 49% of the shares, but be sure that your other partners are not direct family - especially if the business is high-profile or there is property involved.

Best of luck

[tripplejjj]

It is my understading that if you are married to a Thai, the work-permit requirements are basically halved, so registered capital required is less and number of employees is less. You can do a search here for details or check with your lawyer.

There is no exemption for being married to a Thai.

2.1 In the case of business such as employment with a company or partnership, etc.: Permission will be granted for a period of not more than 1 year at a time.

(1) The alien must have a temporary visa

(2) The alien must have an income consistent with that set out in the Income Table attached hereto; (exhibit a)

(3) The business concerned must have a registered capital of not less than Baht 2 million, fully paid-up;

(4) The business concerned must have duly submitted its financial statement as at the end of the two fiscal years and certified by an auditor or tax auditor, showing a sound financial condition and an on-going active business as attached order (exhibit

(5) The business needs to employ the aliens

(6) The business concerned must have a ratio of 1 alien to 4 Thai permanent employees.

(7) The following businesses are exempted from the requirements of clauses (3), (4) and (5), and the ratio of aliens to Thai employees under clause (6) shall be reduced to 1:1.

(a) International trade enterprise (Representative Office)

( Regional Office

© Multinational company (Branch Office)

[lopburi3]

Actually requirements can be much lower if married to a Thai for obtaining work permit. He is not talking about an exception to the requirement for a work permit.

[tripplejjj]

My confusion comes in that the article on this site as well as several other said assuming one farang work permit and visa is required the minimum is 2 million baht register capital. Note the "and visa" part, I don't need a visa and meet qualification for extension of stay without this.

In order to start a business, you must meet all the requirements under section 2.1. In order for an alien to work in Thailand, he needs a work permit. Starting a business and working are two separate issues. Technically, an alien can start a business in Thailand but not work there himself.

[tripplejjj]

...so registered capital required is less and number of employees is less.

I was referring to the above comments in relating to being married to a Thai. I did not see any exemption which states if married to a Thai, a capital requirement and employee are less. Please set me straight.