Work Permit Question

[simon43]

I live in Thailand (Phuket) with a multi non-immigrant B visa. This visa (my fourth consecutive visa) is issued by Hull consulate on the basis of my business investment in Thailand. However, I do not work in Thailand as I have a UK business that generates sufficient income.

One of my business ventures which is currently under development is a small bungalow resort in north Phuket for disabled tourists. This business is held in my Thai wife's name.

Although I do not wish to actively 'work' in this resort, I would like to help out now and again, and socialise with customers. But I fear that my innocent activities would be classified as work and hence I would be in big trouble.

So, I have no problems to obtain a work permit and pay the appropriate taxes etc on my salary. (I could be the resort Manager or something...)

But is a WP for a non-Thai only available if they are working for a Thai limited company? As mentioned, this business is in my wife's name (sole-trader). Is it possible to obtain a WP where the company 'vehicle' is not the limited company, such as a soletrader, partnership or llc?

We want to try to avoid some of the paperwork and costs associated with a Thai limited company.

Thanks

Simon

[Nathan@Thaistocks]

A limited partnership with your Thai wife is an easier option, and gets you a work permit. Less hassle, less paperwork and about half the cost of setting up a limited company. It can be set up very quickly, allowing you to start the long routine of obtaining a work permit.

Send an email to [email protected] asking for prices, and let her know that Nathan sent you.

Best Regards,

Nathan

[email protected]

[Blue Unicorn]

No disrespect mate but are you mad ? You put land and a business in your wifes name ! How many times do foreigners have to be ripped off, or loose money, before they learn ? Even if you are lucky and your wife doesn't, if anything happened to her, the family could take it all. And they would !

Open a company and get the shares signed over to you. It is easy to protect yourself. Don't whatever you do put it in your wifes name, or give her control. No disrespect to your wife but most guys are either married to bar girls or ex bar girls. In our worlds, we call them prostitutes. Would you hand over land and houses to a hooker back home ? Not to say your wife is an ex bar girl, but don't follow the rest of the guys who believe the Thai's, and then wonder why they get ripped off. Thai people lie as part of their way of life. I lived there for twenty years and know what I am saying. Form a company and keep control.

[Totster]

No disrespect mate but are you mad ? You put land and a business in your wifes name ! How many times do foreigners have to be ripped off, or loose money, before they learn ? Even if you are lucky and your wife doesn't, if anything happened to her, the family could take it all. And they would !

Open a company and get the shares signed over to you. It is easy to protect yourself. Don't whatever you do put it in your wifes name, or give her control. No disrespect to your wife but most guys are either married to bar girls or ex bar girls. In our worlds, we call them prostitutes. Would you hand over land and houses to a hooker back home ? Not to say your wife is an ex bar girl, but don't follow the rest of the guys who believe the Thai's, and then wonder why they get ripped off. Thai people lie as part of their way of life. I lived there for twenty years and know what I am saying. Form a company and keep control.

Oh c'mon.... you know nothing of his circumstances, yet make presumptions and offer advice about something he hasn't asked advice for...

Stop being a <deleted> and give advice about the work permit and stop making generalised comments.

totster

[rishi]

OP got his answer in post #2. Here's a link to a thread that discusses the pro et contra of the two options:

http://www.thaivisa.com/forum/index.php?sh...ted+partnership

[rishi]

I live in Thailand (Phuket) .....

According to the OP in the thread below, Phuket offers a third option:

http://www.thaivisa.com/forum/index.php?showtopic=61276

[Blue Unicorn]

Oh c'mon.... you know nothing of his circumstances, yet make presumptions and offer advice about something he hasn't asked advice for...

Stop being a <deleted> and give advice about the work permit and stop making generalised comments.

totster

Sorry mate if I offended your sensitivities but was just being honest. My advice is in what I wrote. Set up a company and make sure you keep control. You have to set the company up for the work permit anyhow, so you can kill two birds with one stone...work permit and play safe and keep control. I made no presumptions at all if you read what I say. But it is very common in Thailand for men to trust their wives too much and get stitched up. Ask any Thai lawyer. I lived in Thailand for 20 years and seen it so many times. Yes he did not ask that, but it is connected with what he wants to do. I did not say his wife was a bad person, I don't know her. I am sure she is very nice. But what is wrong with being straight with someone. Perhaps I could have worded it better. But its good solid advice for any foreigner who is married and has property or money. Also, I don't think I was rude to anyone, but you deemed it necessary to call me a <deleted> which I guess is a presumption based on zero facts. Other than a misinterpretation of what I suggested.

I had a work permit for ten years when I lived out there. Get the correct visa which you normally have to obtain outside the country. Set up the company with the correct number of employees and then apply for work permit. To keep control of the company get the shares signed over which gives some protection. Not sure if you can work behind a bar or restaurant. Probably have to apply as a consultant or something. Any job the Thai's can do is not something you can easily get a work permit for. But all straightforward and easy to do. Cost maybe 60,000 baht with tax paid on a salary of 50,000 I think. But check.

Edited February 25, 2006 by Blue Unicorn

[simon43]

Thanks for the advice. However I have already had a Thai ltd company for 3 years. I am the sole bank signatory etc etc. I have had to pay a fair amount of money to accountants to maintain this company and for what? I don't work in Thailand and the assets I 'own' here I can afford to lose!! (I have my own software business in the UK which generates circa 1 million baht profit per month). The investments I have in Thailand total maybe 15 million baht, so that's a year and a half of my software profits!!

I understand the risks of putting your assets in your Thai wife's name. There is a risk because most of these relationships seem to be 'fragile' to say the least. I hope my relationship (2 kids etc) doesn't go sour, (and I have no reason to think it will). Btw, whenever we have sold any of our assets, my wife has put the money into my sole bank account....

So, the benefits of using her as the 'company entity' etc seem to outway the risks

Another option is that, since I don't need to draw any salary from our Thai businesses, maybe I should get a WP based on my volunteer work!

cheers - Simon

[Blue Unicorn]

Thanks for the advice. However I have already had a Thai ltd company for 3 years. I am the sole bank signatory etc etc. I have had to pay a fair amount of money to accountants to maintain this company and for what? I don't work in Thailand and the assets I 'own' here I can afford to lose!! (I have my own software business in the UK which generates circa 1 million baht profit per month). The investments I have in Thailand total maybe 15 million baht, so that's a year and a half of my software profits!!

I understand the risks of putting your assets in your Thai wife's name. There is a risk because most of these relationships seem to be 'fragile' to say the least. I hope my relationship (2 kids etc) doesn't go sour, (and I have no reason to think it will). Btw, whenever we have sold any of our assets, my wife has put the money into my sole bank account....

So, the benefits of using her as the 'company entity' etc seem to outway the risks

Another option is that, since I don't need to draw any salary from our Thai businesses, maybe I should get a WP based on my volunteer work!

cheers - Simon

You can do two things: Not get a work permit then.As long as you are not physically seen working I think you will be okay. Talking to guests I would think does not contitue work

Or if you look at it sensibly, If you have a reasonable income then why mind paying out a bit of money for a company upkeep. I guess you pay more than that in freebies to Thai family etc so why take the risk of not having the work permit. Also you say you can afford to loose the Thai assets you have, as it is only year and half's income to you, so why do you wish to take a risk just to save a few thousand baht a year in company upkeep. Doesn't make sense........oh my farrangs in Thailand

[~G~]

Another option is that, since I don't need to draw any salary from our Thai businesses, maybe I should get a WP based on my volunteer work!

I don't think that will work if the WP isn't sponsored by an NGO or something of that kind. No Salary mean no taxes, why should they give you a WP? The whole abstract for granting you those priviledges is to see your contribution to Thailand, mostly in form of taxes.

Or - was that a joke?

Edited February 28, 2006 by ~G~

[sinkorswim]

My honest opinion is why bother with a work permit. You are not going to be working are you just living with your wife who runs the business and pays her Thailand taxes every year on the said business and as far as I can tell it is not against the law to talk to people ....also you can prove that you earn your money which you live on outside of thailand and providing you pay taxes back home you are in the clear...now for that peice of advice I will only charge you 50000baht

[Khutan]

Simon;

I know you are in Phuket, but do you think it might be worth talking to the BOI in Bangkok, as your Non-B is based on your investments, then you may get a better answer from them. As they also have the One-Stop shop (Not sure i you can use it or not) then you might be able to get it sorted quickly.

Good luck with the resort, sounds like a nice idea.

[thaipro_pattaya]

Limited partnership with Thai wife has worked for me. PM me for details Good Luck

[Digger]

Thanks for the advice. However I have already had a Thai ltd company for 3 years. I am the sole bank signatory etc etc. I have had to pay a fair amount of money to accountants to maintain this company and for what? I don't work in Thailand and the assets I 'own' here I can afford to lose!! (I have my own software business in the UK which generates circa 1 million baht profit per month). The investments I have in Thailand total maybe 15 million baht, so that's a year and a half of my software profits!!

I understand the risks of putting your assets in your Thai wife's name. There is a risk because most of these relationships seem to be 'fragile' to say the least. I hope my relationship (2 kids etc) doesn't go sour, (and I have no reason to think it will). Btw, whenever we have sold any of our assets, my wife has put the money into my sole bank account....

So, the benefits of using her as the 'company entity' etc seem to outway the risks

Another option is that, since I don't need to draw any salary from our Thai businesses, maybe I should get a WP based on my volunteer work!

cheers - Simon

Just curious, which bank allowed you to set up a company bank account without a work permit? To my knowledge its an absolute no no - ANY foreigner wishing to open a company bank account and SIGN on behalf of the company is required to produce a work permit (however the irony is that it does not need to be a work permit for that company).

Also a general comment, I would be more concerned about back stabbers - sounds like your project is unique and potentially something that could be a good success - it would just take one phone call from someone jealous at this success to get you deported. For the cost of the taxation (say 5000 baht a month) - is it really something you would want to worry about - interpretation of the law is a matter for the immigration police - if they say your working, there aint a lot you can do about it when your in the holding cell with load of scumbags. The business model you have will allow a work permit, if it was me I would not hesitate to do it, even if you spend 99% of your time on the golf course - the crux of it is that your legal - period. Sounds a small price to pay for the peace of mind, particularly given your considerable other income. What you do with the notional salary is up to you, you could give it to your wife for all the tax office care - so long as you pay income tax on that amount of salary.

[simon43]

Hi Digger, it was Ayuthaya Bank and at the time of opening the bank account I did have a WP. But I have since handed it back since I am not working right now in Thailand. For the same reasons, I am in the process of closing this particular Thai company.

But I agree with you re backstabbers etc, and that is probably the sole reason why I want to have a WP again in this new business. As you say, interpretation of the law is up to the Immigration police etc. If they say 2 + 2 = 5 then it does!

PS - Can't stand golf so you won't find me on the golf-course....

Simon

[Khun Jean]

You can do two things: Not get a work permit then.As long as you are not physically seen working I think you will be okay. Talking to guests I would think does not contitue work

Unfortunately it is considered work. Why else are you there?

Go for a workpermit. It will give so much comfort, and no need to look over your shoulder all the time.