Selling gold - taxes

[davedragonfly]

Hi

I would like to find out about the legalities of paying foreigners for part time consultation work.

We offer 5 services, one of which is corporate training and consulting. How would we go about paying a foreigner for short term consultation work facilitated through us? We will also need to pay consultation fees to a foreigner for database and web design.

The foreigners in question live in Thailand, and would, I assume, pay tax in Thailand.

I may not have looked hard enough, but I couldn't find a definitive answer to this question on the forum or on google.

Thanks.

[overherebc]

You will of course be supplying work permits

[beano2274]

Any work without a valid work permit is illegal and the persons involved could be fined heavily.

However, keeping under the radar is the clue.

[overherebc]

Don't forget it's the working individual who gets the fine alone and the possible deportation and blacklisting.

[davedragonfly]

Thanks for the answers.

So all those foreigners working in language companies doing part time work are doing so illegally?

From the company's point of view, how do those expenses work then? Do you write it off as anonymous expenses?

Thanks

[overherebc]

Where I come from those places are called schools and the ones here supply work permits and teacher licences etc.

If the people are working part time that's fine, they still have a work permit, if they don't earn a huge salary in many cases the companies take withholding tax ( forget the %) and then a rebate can worked out at the end of the tax year.

[beano2274]

Language centre teachers are working part time, they will have a Work permit for the proper daytime job. In reality, yes they are breaking the law as the address of the part time work should appear in the WP.

[overherebc]

Language centre teachers are working part time, they will have a Work permit for the proper daytime job. In reality, yes they are breaking the law as the address of the part time work should appear in the WP.

I first thing will admit I am not sure, ok better to say I don't know, but I thought that the WP had the area of work stated and not the address of work stated. Willing to proved wrong on this. As I said I'm not trying to prove anyone wrong, I would just like to know the answer.

[Soutpeel]

yes you will need to pay tax and yes they will need a WP, if the work is equal to or less than 14 days in duration a temporary WP can easily be applied for if the application is coming from a legitimate company.

[Soutpeel]

Language centre teachers are working part time, they will have a Work permit for the proper daytime job. In reality, yes they are breaking the law as the address of the part time work should appear in the WP.

I first thing will admit I am not sure, ok better to say I don't know, but I thought that the WP had the area of work stated and not the address of work stated. Willing to proved wrong on this. As I said I'm not trying to prove anyone wrong, I would just like to know the answer.

As I understand what is on the WP varies so no hard answer, for instance mine has a registered companies address in BKK but also a note along the lines I can work on company business country wide, so it seems I am not restricted to one location and guess in certain cases they only permit a specfic address etc

[Bangkokhatter]

The company address is whats on the work permit, if your work requires travel, as does mine, it's ok as your on company business. Consultation work can ce covered by the temporary permits as mentioned above.

[overherebc]

Language centre teachers are working part time, they will have a Work permit for the proper daytime job. In reality, yes they are breaking the law as the address of the part time work should appear in the WP.

I first thing will admit I am not sure, ok better to say I don't know, but I thought that the WP had the area of work stated and not the address of work stated. Willing to proved wrong on this. As I said I'm not trying to prove anyone wrong, I would just like to know the answer.

As I understand what is on the WP varies so no hard answer, for instance mine has a registered companies address in BKK but also a note along the lines I can work on company business country wide, so it seems I am not restricted to one location and guess in certain cases they only permit a specfic address etc

Thanks, can follow that. An IT guy would be covered for an office where the permit states the address, say BKK but would require to have something stamped in the WP if he had to spend a few weeks in CM for example.

[FritsSikkink]

Thanks for the answers.

So all those foreigners working in language companies doing part time work are doing so illegally?

From the company's point of view, how do those expenses work then? Do you write it off as anonymous expenses?

Thanks

From the company's point of view: you supply workpermits and write of the expenses.

or are you asking how to do the bookkeeping while you cheat?

[davedragonfly]

Thanks for the answers.

@FritsSikkink: I'm just trying to figure out what's necessary so that I can bring these issues up and recommend what we should do. The problem is that it will be stilted work, maybe a couple of weeks now, then another few weeks in a few months etc. So it's not full time employment, so it will be difficult to have WPs approved.

If you wouldn't mind, I'd like to rebound my understanding of the work permit issue on you. Thaivisa, and siam-legal display different requirements.

Siam-legal.com does not include the 4 Thai employee limit, but says that you need a fully paid up capital of 2m Baht per work permit.

Thaivisa.com, under their setting up a thai private company section, says that you need paid up capital of 25% of the 2m Baht, and 4 Thai employees per work permit.

Can anyone clear this up for me?

Thanks again.

Edited July 20, 2012 by davedragonfly

[FritsSikkink]

Thanks for the answers.

@FritsSikkink: I'm just trying to figure out what's necessary so that I can bring these issues up and recommend what we should do. The problem is that it will be stilted work, maybe a couple of weeks now, then another few weeks in a few months etc. So it's not full time employment, so it will be difficult to have WPs approved.

If you wouldn't mind, I'd like to rebound my understanding of the work permit issue on you. Thaivisa, and siam-legal display different requirements.

Siam-legal.com does not include the 4 Thai employee limit, but says that you need a fully paid up capital of 2m Baht per work permit.

Thaivisa.com, under their setting up a thai private company section, says that you need paid up capital of 25% of the 2m Baht, and 4 Thai employees per work permit.

Can anyone clear this up for me?

Thanks again.

thaivisa say on how to get a workpermit http://www.thaivisa.com/288.0.html

The company must have a fully paid-up registered capital of 2 million Baht to hire one foreigner

[Soutpeel]

Thanks for the answers.

@FritsSikkink: I'm just trying to figure out what's necessary so that I can bring these issues up and recommend what we should do. The problem is that it will be stilted work, maybe a couple of weeks now, then another few weeks in a few months etc. So it's not full time employment, so it will be difficult to have WPs approved.

If 14 days or less work...temporary WP would apply...pretty easy to get, how many block of 14 days they would give you for the same person in one year is the tricky one.

Edited July 22, 2012 by Soutpeel

[SNGLIFE]

Have the foreigner create a company in their own country (www.bizfilings.com/, for example) and a bank account for that company. Contract with and pay that company directly (www.paypal.com, for example) ensuring your agreement states they are responsible for complying with local labor laws, etc., etc. with indeminfying language.

Presto. You should be off the hook for the work permit and many other legalities. They are working for their own foreign company and it is up to them to comply with the labor laws.

Still, check with a good lawyer to ensure you've covered all your bases, though.

Cheers!

Edited July 22, 2012 by SNGLIFE

[FritsSikkink]

Have the foreigner create a company in their own country (www.bizfilings.com/, for example) and a bank account for that company. Contract with and pay that company directly (www.paypal.com, for example) ensuring your agreement states they are responsible for complying with local labor laws, etc., etc. with indeminfying language.

Presto. You should be off the hook for the work permit and many other legalities. They are working for their own foreign company and it is up to them to comply with the labor laws.

Still, check with a good lawyer to ensure you've covered all your bases, though.

Cheers!

They will stop to work for you if they know they could be jailed ,fined and deported

Edited July 22, 2012 by FritsSikkink

[Soutpeel]

Have the foreigner create a company in their own country (www.bizfilings.com/, for example) and a bank account for that company. Contract with and pay that company directly (www.paypal.com, for example) ensuring your agreement states they are responsible for complying with local labor laws, etc., etc. with indeminfying language.

Presto. You should be off the hook for the work permit and many other legalities. They are working for their own foreign company and it is up to them to comply with the labor laws.

Still, check with a good lawyer to ensure you've covered all your bases, though.

Cheers!

Presto and expect tp pay more for the service provided by this foreign company because they have to comply with the labour laws as well !!!!

[Ashoka]

Thanks for the answers.

So all those foreigners working in language companies doing part time work are doing so illegally?

From the company's point of view, how do those expenses work then? Do you write it off as anonymous expenses?

Thanks

Thanks for the answers.

So all those foreigners working in language companies doing part time work are doing so illegally?

From the company's point of view, how do those expenses work then? Do you write it off as anonymous expenses?

Thanks

A lot of them are yes, this is why immigration is cracking down. I find it very funny how many Western Countries complain about about Thai people working illegal. I'm starting to think there are more illegal foreigners working in Thailand than Thais working other countries.

[Soutpeel]

I find it very funny how many Western Countries complain about about Thai people working illegal. I'm starting to think there are more illegal foreigners working in Thailand than Thais working other countries.

And the foreigners also complain a lot about the rules inThailand being unfair as well to boot and want them to be changed to suit them...

[Tatsujin]

A lot of them are yes, this is why immigration is cracking down. I find it very funny how many Western Countries complain about about Thai people working illegal. I'm starting to think there are more illegal foreigners working in Thailand than Thais working other countries.

There are a huge amount of foreigners living and working illegally within Thailand . . . this applies to individuals and 'companies' that are western owned and run.