Work Permit For Alien Business Operating In Thailand?

[Joyeuss]

The reason for the Australian taxes is because it is an Australian business operating in Australia. All of the sales are in Australia and all of the income for the business is in Australia. All of my pay will go into my Australian Bank account. As my husband provides for me whilst I am in Thailand, and I have been offered a job with a Thai company (with WP), the money will stay in Australia unless we desperately need it. The business is only small and there is no income generated in Thailand. 'Thailand Operations' is only paying suppliers and sending the product to Australia.

I don't wish to become a Thai citizen as I will loose my Australian identity and passport and will have to apply for visa whenever I want to see my family. Which at this stage is every 3 -6 months.

My sister and I cannot start up a Thai business as we do not have 1 mil to invest nor the need or funds to employ 4 Thai staff. We are only very small with the goal of earning some money in order to continue studying (sister) and for me have some money in Australia for when I come back to visit.

I spoke to the Tax agent in Aus and she said that if it is an Australian company, then we pay Australian taxes no matter what, and any Thai employees would pay Australian tax and be registered as foreigner living in a foreign country earning Australian dollars.

I wish life was not so complicated.

[Maestro]

It is complicated because your permission to stay in Thailand is for the reason of living with your Thai husband. It would be very simple if you lived in Australia. Then you would be travelling to Thailand on behalf of your Australian employer to do business with your employer's Thai suppliers and for this you would get an APEC card or a non-immigrant visa B valid for an unlimited number of entries into Thailand within three years, and on each arrival in Thailand you would get permission to stay for 90 days.

[Joyeuss]

Is there anyway I am able to just work for my husband? Say my husband sets up a business as a supplier, and I work for him?

Does it still need to be a 1mil Baht capital business?

[samran]

I don't wish to become a Thai citizen as I will loose my Australian identity and passport and will have to apply for visa whenever I want to see my family. Which at this stage is every 3 -6 months.

This is completely false. You are able to naturalise as a Thai citizen by virtue of having a Thai husband WITHOUT having to relinquish your Australian citizenship. My wife is going through this process as we speak.

[Joyeuss]

I don't wish to become a Thai citizen as I will loose my Australian identity and passport and will have to apply for visa whenever I want to see my family. Which at this stage is every 3 -6 months.

This is completely false. You are able to naturalise as a Thai citizen by virtue of having a Thai husband WITHOUT having to relinquish your Australian citizenship. My wife is going through this process as we speak.

I had a look into it and yes it seams that for permanent residency I would not loose my Australian identity. At the moment though I can't apply as I do not fit the criteria. My husband and I have been living together for 2 years, married for 6. I do not have a job in Thailand and never had. I have recently been offered on and I will start work when I receive the work permit for it. But from my understanding I need to provide 3 years worth of income evidence to apply for residency.

Its fantastic that I can apply, and it will make my life much simpler (fingers crossed) in the future. But at the moment it looks like I will have to forfeit my partnership with my sister.

But thanks for the tip

[Mario2008]

For receiving Thai nationality you would also not lose Australian nationality.

[lopburi3]

You can apply for citizenship and not lose your Oz citizenship AFAIK - that is what Samran was posting above when he said "naturalize". PR is not required for citizenship.

[samran]

I don't wish to become a Thai citizen as I will loose my Australian identity and passport and will have to apply for visa whenever I want to see my family. Which at this stage is every 3 -6 months.

This is completely false. You are able to naturalise as a Thai citizen by virtue of having a Thai husband WITHOUT having to relinquish your Australian citizenship. My wife is going through this process as we speak.

I had a look into it and yes it seams that for permanent residency I would not loose my Australian identity. At the moment though I can't apply as I do not fit the criteria. My husband and I have been living together for 2 years, married for 6. I do not have a job in Thailand and never had. I have recently been offered on and I will start work when I receive the work permit for it. But from my understanding I need to provide 3 years worth of income evidence to apply for residency.

Its fantastic that I can apply, and it will make my life much simpler (fingers crossed) in the future. But at the moment it looks like I will have to forfeit my partnership with my sister.

But thanks for the tip

Permanent residency and citizenship are two entirely diffent things. In your situation, being married to a Thai, you can skip PR.

And again, just for the sake of clarity - you gaining Thai citizenship does not require you to give up Australian citizenship.

The rules for foreign females married to a Thai man are different to those for a foreign man married to a Thai wife.

Fortunately for females - the application process is hardly about you. It is about your husband.

You need to be married for 2 years from memory - one year if you have a child. He has to be of good character and have paid tax on a salary that should not be less than 15,000 baht/month. Tax receipts are required from the previous year. He has to have done or have been exempted from military service.

You are required to have a yellow tabieen baan.

A few other odds and ends, but they are the major ones.

He needs to provide

[Soutpeel]

I spoke to the Tax agent in Aus and she said that if it is an Australian company, then we pay Australian taxes no matter what, and any Thai employees would pay Australian tax and be registered as foreigner living in a foreign country earning Australian dollars.

If you formed a company in Thailand it would a Thai company and not an Australian company, if it was a Aussie company, you could not get a WP for Thailand as the "sponsorship" need to come from a Thai entity.

Your tax agent has got the information wrong, Thai employees would be liable for Thai tax only...not Aussie tax, you personally may have to pay tax in Aussie, but of course you could get declared non-resident.

[Soutpeel]

Is there anyway I am able to just work for my husband? Say my husband sets up a business as a supplier, and I work for him?

Does it still need to be a 1mil Baht capital business?

I assume you are talking about a sole properitor type company, in theory this could be possible, but from what I undertand getting a WP issued against a sole prop is very difficult, if not impossible these days.

when we talk about a THB 1.0 million limited company, this refers to the captialisation of the company, it doesnt mean you have to put up 1.0 million in cash, capitalisation can include cash, land, properties, office equipment, vehicles etc in the company name....ie its assets have to equal THB 1.0 million....you would of course have to employ two Thai nationals....hubby could be one

[Joyeuss]

I spoke to the Tax agent in Aus and she said that if it is an Australian company, then we pay Australian taxes no matter what, and any Thai employees would pay Australian tax and be registered as foreigner living in a foreign country earning Australian dollars.

If you formed a company in Thailand it would a Thai company and not an Australian company, if it was a Aussie company, you could not get a WP for Thailand as the "sponsorship" need to come from a Thai entity.

Your tax agent has got the information wrong, Thai employees would be liable for Thai tax only...not Aussie tax, you personally may have to pay tax in Aussie, but of course you could get declared non-resident.

MMM Well I cant form a Thai company because I do not have 1mil baht on hand, nor the money or reason to employ Thai staff. There will not be enough sales revenue to warrant the extra work and complications. None of the money is even coming into Thailand sigh.

Looks like a broken business adventure

[Joyeuss]

I don't wish to become a Thai citizen as I will loose my Australian identity and passport and will have to apply for visa whenever I want to see my family. Which at this stage is every 3 -6 months.

This is completely false. You are able to naturalise as a Thai citizen by virtue of having a Thai husband WITHOUT having to relinquish your Australian citizenship. My wife is going through this process as we speak.

I had a look into it and yes it seams that for permanent residency I would not loose my Australian identity. At the moment though I can't apply as I do not fit the criteria. My husband and I have been living together for 2 years, married for 6. I do not have a job in Thailand and never had. I have recently been offered on and I will start work when I receive the work permit for it. But from my understanding I need to provide 3 years worth of income evidence to apply for residency.

Its fantastic that I can apply, and it will make my life much simpler (fingers crossed) in the future. But at the moment it looks like I will have to forfeit my partnership with my sister.

But thanks for the tip

Permanent residency and citizenship are two entirely diffent things. In your situation, being married to a Thai, you can skip PR.

And again, just for the sake of clarity - you gaining Thai citizenship does not require you to give up Australian citizenship.

The rules for foreign females married to a Thai man are different to those for a foreign man married to a Thai wife.

Fortunately for females - the application process is hardly about you. It is about your husband.

You need to be married for 2 years from memory - one year if you have a child. He has to be of good character and have paid tax on a salary that should not be less than 15,000 baht/month. Tax receipts are required from the previous year. He has to have done or have been exempted from military service.

You are required to have a yellow tabieen baan.

A few other odds and ends, but they are the major ones.

He needs to provide

Do you know where I can find out the exact process for western wives of Thai Nationals for obtaining Thai citizenship. There is lots of information out there, but I can't find anything specific and with clarity.

How competent do you have to be at Thai? I have been living in Thailand for 2 years now, I have not got any professional lessons. I try to learn like children do, absorbing the words in their context and reading children books. But I would not say that I am fluent in the language. Possibly at a early intermediate level. There are also parts of the Lana language that I speak and understand.

[Joyeuss]

Is there anyway I am able to just work for my husband? Say my husband sets up a business as a supplier, and I work for him?

Does it still need to be a 1mil Baht capital business?

I assume you are talking about a sole properitor type company, in theory this could be possible, but from what I undertand getting a WP issued against a sole prop is very difficult, if not impossible these days.

when we talk about a THB 1.0 million limited company, this refers to the captialisation of the company, it doesnt mean you have to put up 1.0 million in cash, capitalisation can include cash, land, properties, office equipment, vehicles etc in the company name....ie its assets have to equal THB 1.0 million....you would of course have to employ two Thai nationals....hubby could be one

Last time I was at immigration one of the representatives there told me that if my husband has a business then I can be employed as his wife assistant. Basically I help my husband run the business because I am his wife and it would be almost impossible for me not to be involved. And I would need a permit for it. But he did not say anything about the size of the business.

[Soutpeel]

Is there anyway I am able to just work for my husband? Say my husband sets up a business as a supplier, and I work for him?

Does it still need to be a 1mil Baht capital business?

I assume you are talking about a sole properitor type company, in theory this could be possible, but from what I undertand getting a WP issued against a sole prop is very difficult, if not impossible these days.

when we talk about a THB 1.0 million limited company, this refers to the captialisation of the company, it doesnt mean you have to put up 1.0 million in cash, capitalisation can include cash, land, properties, office equipment, vehicles etc in the company name....ie its assets have to equal THB 1.0 million....you would of course have to employ two Thai nationals....hubby could be one

Last time I was at immigration one of the representatives there told me that if my husband has a business then I can be employed as his wife assistant. Basically I help my husband run the business because I am his wife and it would be almost impossible for me not to be involved. And I would need a permit for it. But he did not say anything about the size of the business.

Ah but its the department of labour who decides on the WP not immigration...

[Mario2008]

Do you know where I can find out the exact process for western wives of Thai Nationals for obtaining Thai citizenship. There is lots of information out there, but I can't find anything specific and with clarity.

How competent do you have to be at Thai? I have been living in Thailand for 2 years now, I have not got any professional lessons. I try to learn like children do, absorbing the words in their context and reading children books. But I would not say that I am fluent in the language. Possibly at a early intermediate level. There are also parts of the Lana language that I speak and understand.

http://www.thaivisa.com/forum/topic/121353-story-of-my-thai-citizenship-application/

Gives a lot of information.

[digitalchromakey]

I spoke to the Tax agent in Aus and she said that if it is an Australian company, then we pay Australian taxes no matter what, and any Thai employees would pay Australian tax and be registered as foreigner living in a foreign country earning Australian dollars.

If you formed a company in Thailand it would a Thai company and not an Australian company, if it was a Aussie company, you could not get a WP for Thailand as the "sponsorship" need to come from a Thai entity.

Your tax agent has got the information wrong, Thai employees would be liable for Thai tax only...not Aussie tax, you personally may have to pay tax in Aussie, but of course you could get declared non-resident.

MMM Well I cant form a Thai company because I do not have 1mil baht on hand, nor the money or reason to employ Thai staff. There will not be enough sales revenue to warrant the extra work and complications. None of the money is even coming into Thailand sigh.

Looks like a broken business adventure

Not at all.

You don't need the i million in the bank - you merely pay a registration fee of a few thousand baht per million of Capitalisation and then show this as a liability in your annual accounts (Say loan to Director X .... 1 Million THB).

In the fullness of time you would be expected to show (Good) Asset Capital accrueing (trademarks, intellectual property, vehicles, computers, office furniture, etc, etc) and (Bad) Liabilty Capital reducing but on day one you need nothing more than the company registration costs.

Depending on your business activity you may be able to get away with just one or two low cost employees (e.g cleaner/driver) - they would need to make Social Security payments.

[samran]

Do you know where I can find out the exact process for western wives of Thai Nationals for obtaining Thai citizenship. There is lots of information out there, but I can't find anything specific and with clarity.

How competent do you have to be at Thai? I have been living in Thailand for 2 years now, I have not got any professional lessons. I try to learn like children do, absorbing the words in their context and reading children books. But I would not say that I am fluent in the language. Possibly at a early intermediate level. There are also parts of the Lana language that I speak and understand.

http://www.thaivisa....25#entry1968769

you can start there, the thread from when we submitted the form. A few posts down there is a link to the rules as they stood a few years ago.

Note - that we are overseas at the moment, so my wife's application is on hold while we are away. The usual timing from application to receiving citizenship is approx 3 years.