Work Permit-Nonb With Accountants "company" In Phuket

[bangarang]

Hello all,

I have been browsing the forums trying to find something that relates to my situation and couldnt really find what im looking for so I was wondering if I could get some advice. Sorry in advance for the long message.

Through a friends referral I obtained a non-B visa using the same process and company as my friend. The end of the year term is coming up and my friend just got word that the accountant is pretty pissed because no taxes were paid so he wouldn't renew for us next year. In our defense It was pretty hard to understand him because he talks very fast. We assumed that he will call us or send a notice saying hey, you need to pay the taxes. I find it very odd that if he is supposed to pay why wouldn't he remind us or let us know that hey your behind in monthly taxes. I didn't earn any income from the accountants company, it was set up to get a 1 year visa to stay with my wife as I dont have 400k in the bank.

My wife and I are looking in to what we need to do, but we are trying to get the facts straight before approaching him since he was trying to use scare tactics with my friend about removing from the country at any time. I have no problem with paying the taxes at all but I fear the money would just go into his pockets and not where it is supposed to go. From what I have heard, only the employer can pay the taxes?

My main questions are...

1. My work permit runs out end of January and my Multi Entry Non B expires in April. I haven't applied for an extension as I do visa runs every. I assume that when I cancel the work permit y non b multi visa will still be intact so I can do the final visa run a couple days before it expires to extend for an additional 90 days?

2. Is my employer able to cancel my work permit at any time without me knowing about it? And if so how badly could this affect me?

3. As for the tax money, is this something that my employer would have already had to pay? Or would I have to find a way to pay the government instead of him? He was asking for 36,000 in tax money and that seems awful high to me.

4. Would this issue cause problems with entering the country in the future?

5. Can the accountant with-hold work permit cancellation documents saying i "no longer work for him"? If he tries to withhold it until I pay him 36,000 is there anything I can do about it?

6. If I were to simply walk away from the accountant and try to obtain obtain a student visa, is there anything that could come back to bite me preventing me from being denied the visa?

Sorry for the long message again, I could really use some help. Luckily my friend is going through all this stuff first but I would like to start to prepare myself.

[Soutpeel]

I am confused...you seem to be using a 3rd party company to work for a school and the WP is coming through that 3rd party company ?....if yes then tax is payable via the 3rd party company..whether THB 36k is the applicable amount depends on what the declared salary is, but to would sound about right...not a great deal of tax

as regards question 2....yes the employer can cancel you WP and if tax is not paid this could be a problem in future...

[digitalchromakey]

Here is is link to the Thai Tax Dept Website - you can work out what your Personal Income Tax liability is:

http://www.rd.go.th/...ish/6045.0.html

The allowances quoted are annual, not monthly.

You will have a tax code at your local tax dept and can pay tax monthly using form PND 1; but it may well be that your accountant is already filing (but not paying) your tax declarations based on your income, as this is a legal requirement.

If you are working (i.e. have a Work Permit) then actual income/tax paid should also be formally declared at the end of each tax year by filing a PND 91 form for the previous tax year.

You should also be making Social Insurance Fund contributions based on your income.

[bangarang]

I am confused...you seem to be using a 3rd party company to work for a school and the WP is coming through that 3rd party company ?....if yes then tax is payable via the 3rd party company..whether THB 36k is the applicable amount depends on what the declared salary is, but to would sound about right...not a great deal of tax

as regards question 2....yes the employer can cancel you WP and if tax is not paid this could be a problem in future...

Sorry if its confusing, I have been up all night. Essentially I want to change my status to ED visa when my current visa is finished.

I am currently on a Non B visa + work permit that was set up by an accounting company. The accountant has it set up where he has you as an employee but you technically dont work there. Only on paper is a record of working.

[lopburi3]

You are aware a multi entry non immigrant O visa is available in Savannakhet with marriage certificate/Thai wife ID card and home register copies that would allow you to stay up to 15 months before the next visa required by only making the same 90 day exit/return you now make? You do not need 400k (or anything) in bank account to obtain this visa. Closer to you the same visa can be obtained in Kuala Lumpur if you have proof of 100k in a bank account.

[bangarang]

Here is is link to the Thai Tax Dept Website - you can work out what your Personal Income Tax liability is:

http://www.rd.go.th/...ish/6045.0.html

The allowances quoted are annual, not monthly.

You will have a tax code at your local tax dept and can pay tax monthly using form PND 1; but it may well be that your accountant is already filing (but not paying) your tax declarations based on your income, as this is a legal requirement.

If you are working (i.e. have a Work Permit) then actual income/tax paid should also be formally declared at the end of each tax year by filing a PND 91 form for the previous tax year.

You should also be making Social Insurance Fund contributions based on your income.

Thanks for the link I will have to check it out and i definitely need to look into those PND forms. The accounting guy mentioned to my friend that he was supposed to pay monthly though. Is that not right? I always thought it was at the end of the year like tax season back home. At least from the articles I read it seemed the same as well.

[bangarang]

You are aware a multi entry non immigrant O visa is available in Savannakhet with marriage certificate/Thai wife ID card and home register copies that would allow you to stay up to 15 months before the next visa required by only making the same 90 day exit/return you now make? You do not need 400k (or anything) in bank account to obtain this visa. Closer to you the same visa can be obtained in Kuala Lumpur if you have proof of 100k in a bank account.

I have saw on the forums about the O visa being cheaper by having less funds in the bank. I am always freaked out about spending all the energy and funds on a hope it will work. But that is definitely something to look into.... Do you know if my wife would need to go with me? She is currently 8 months pregnant and taking the plane may not be the best idea yet, but I suppose I could wait it out.

If I were to get an O visa, and then I cancel my work permit.... would I still be forced to leave the country immediately?

[Mario2008]

Your wife doesn't have to join you for the visa.

You don't have to leave the country when the WP is cancelled, as you are not on an extension of stay but on a visa entry.

[lopburi3]

Just have her sign and date the copies or marriage certificate (take an original marriage certificate also)/id card and home register. One extra occasionally asked is a short note from her asking that visa be issued to you (more proof marriage is still current). It is quite easy to obtain as same process as your current B visa but a lot less paperwork.

[Soutpeel]

I am currently on a Non B visa + work permit that was set up by an accounting company. The accountant has it set up where he has you as an employee but you technically dont work there. Only on paper is a record of working.

So technically, seeing as the accounting company is arranging for your WP to be issued through them...you are working for them as they are paying you irrespetive of where the money is coming from or where the place of work is, so any tax owed would be via the accounting company not the school, one assumes the accounting company is invoicing the school for your services

[ignis]

it was set up to get a 1 year visa to stay with my wife as I dont have 400k in the bank.

Is this wife Thai ?

If so you do not need to show any money in Bank to get a 1 years '0' Visa from Savannakhet just your wife's Id, marriage certificate and house book., I know many that do this.......... or show 100k to get same in K.L. + 4 border runs = almost 15 months.

[Soutpeel]

The accounting guy mentioned to my friend that he was supposed to pay monthly though. Is that not right? I always thought it was at the end of the year like tax season back home. At least from the articles I read it seemed the same as well.

Believe in Thailand, you need to declare the tax that needs to be paid monthly, but you dont need to actually pay over the money until the end of the tax year, if you choose not to but most employers would pay over monthly, ie a PAYE...so maybe the accountant have been declaring the tax for you, but not paying over, and now he wants the cash because he needs to close this out before Jan and your WP expiry, because to get the WP extended one would have to show your tax affairs are in order from the previous year

Edited December 4, 2012 by Soutpeel

[bangarang]

I am currently on a Non B visa + work permit that was set up by an accounting company. The accountant has it set up where he has you as an employee but you technically dont work there. Only on paper is a record of working.

So technically, seeing as the accounting company is arranging for your WP to be issued through them...you are working for them as they are paying you irrespetive of where the money is coming from or where the place of work is, so any tax owed would be via the accounting company not the school, one assumes the accounting company is invoicing the school for your services

Forget about the school... I only mentioned school because I was thinking about changing visas in the near future. The accountant has nothing to do with any school.