Grey Area - Making My Hair Grey...

[ThaiPb]

I am sure that these questions have been asked a million times and I have searched but found nothing 100% specific to my problem.

I have a compny set up in Thailand but it is not registered for tax. It's the closest thing that you can have to a shelf company in Thailand. The only expenditure that I have is the "end of year accounts" at 17,000 baht approx (immaterial).

The first 2.5 years of my stay here in the kingdom were on continuous tourist visas. Immigration said that I could have no more - hence I set up the company and have been wirting myself letters to gain Non-Imm B visas etc ever since (last 2 years).

"I ThaiPb would like ThaiPb to work for ThaiPb comapany on a salary of blah, blah...." - you get the idea.

I need some really good advise here as this is a grey area. I run a web site that brings people to Thailand on holiday. It's really just a hobby but it gets me 40 - 60,000 per month from companie in Thailand - they transfer the money to my account. Just running this site - am I working in Thailand? - I could operate this from Cambodia or Malaysia or even in the States if I wished. Please advise.

Part 2 of the saga...

If I am not being fed "bar knowledge" then I believe that in the future if you get a non-imm B visa but do not apply for a WP (Which would mean making my company tax set etc) within your first 3 months then the visa is Null and Void - as the only reason for having one of these is for WP reasons.

I am 15++ years too young to retire. I have savings of approx 400,000 abroad and also 550,000 in the bank here. - What are my visa options. I can have a very unromantic wedding if this is required but even though I have enough money in the bank here do I have to show an income also - and if so would my income from Thai companies "cut the mustard". Bear in mind THAT I COULD HAVE ALL of the Thai companies transfer my commissions to my account abroad. The figure is not stable and sometimes it can be as low as 20,000 and other month as much as 140,000 but an average of 50,000 would be about right.

PLEASE DO understand my situation as I could be working at this aborad and have the companies send me the money and not have to worry about all of this - just the tax man at home :-)

My OVERALL question is - I have a horrible feeling that I am not going to be able to get another visa. What is the best way? Marriage? Open the Co. ? Go and live in Cambodia?

Any serious advice that may give some ideas or help me sleep better at night would be appreciated. Even if it's bad news; bring it onb as it's the 11th hour and I needs facts.

thanks.

[opalhort]

My OVERALL question is - I have a horrible feeling that I am not going to be able to get another visa. What is the best way? Marriage? Open the Co. ? Go and live in Cambodia?

Any serious advice that may give some ideas or help me sleep better at night would be appreciated. Even if it's bad news; bring it onb as it's the 11th hour and I needs facts.

thanks.

your chances of obtaining more visas are running low. register your CO properly for tax purpose and get legal!

DON'T use marriage as a front just to obtain a visa/WP!

opalhort

[huski]

Even if it's bad news; bring it onb as it's the 11th hour and I needs facts.

wow, the first time i read this story i thought it said it's on the 11th floor

your chances of obtaining more visas are running low. register your CO properly for tax purpose and get legal!

DON'T use marriage as a front just to obtain a visa/WP!

opalhort says it all right there, get legal and don't get married for a visa

I run a web site that brings people to Thailand on holiday. It's really just a hobby but it gets me 40 - 60,000 per month from companie in Thailand

just a hobby, who are are trying to bullshit here? you are working in thailand and have a registered company, change your corporate papers to lower yourself from director to a manager and get a work permit and also pay taxes.

Any serious advice that may give some ideas or help me sleep better at night would be appreciated.

get legal and you will wake up refreshed, don't get legal and be caught and you may wake up in a cell. working without a wp is a crime.

indo siam, you gonna help this guy?

[Indo-Siam]

Well, here are the answers.

He's got a company registered. VAT, corporate tax, and personal tax registrations are all no-charge transactions by the government - but a company such as mine charges to arrange such registrations. Tax registration is needed in order to open a corporate bank account.

With those, and a non-immigrant visa, he is eligible for a work permit. But - to get a first time work permit, you must qualify as follows (I'm quoting right off the Labor Department instructions current as of two weeks ago) - you must meet at least one of these criteria: Quoting:

One of the following items is required for a permit consideration:

1. A copy of an update Bank Statement of the Company, which showing a current balance of more than 2 million baht.

2. A copy of Tax Registration Form (Phor Ngor Dor 50) and the receipt showing Tax payment for the last three years of more than 5 million baht.

3. A copy of Bill of Export of the previous year approved by Customs Authority showing the export value of more than 3 million baht.

4. A copy of the form of Social Security Office for payment of Thai employee's provident fund which identifying the number of Thai employees of not less than 50 persons.

5. A copy of the personal tax form (Phor Ngor Dor 91/90) and a receipt showing tax payment of more than 18,000 baht.

6. A copy of marriage certificate.

So - those are the rules - for both "first time application, and reapplication due to expiring".

I qualify using criteria #5 - paying more than 18,000 baht in personal taxes last year.

So - he's gotta get 2 million baht into a bank to get started. Or - go declare investment income - or some sort of basis for paying personal income tax - and get a receipt for paying 18,000 baht.

Realistically, for one work permit for company MD, they seem to be satisfied with having company capitalized at 2 million baht - but the official on-paper requirement reads "current balance" of 2 million.

Once work permit is issued, you must start paying yourself - so that you pay at least 1,500 baht personal income tax per month - to make the 18,000 baht minimum pay-in for following year's work permit renewal.

ThaiPb then continues his same practice - writing letters to obtain new visas, and making a visa run every 90 days - and then concurrently renewing his work permit after every 90 day entry. In this way, he does not need any Thai employees - only Immigration has that requirement, for obtaining an extended entry permit. Also, only immigration has rules about minimum salaries, by nationality.

With a work permit in hand, ThaiPb can continue his quaterly runs indefinitely.

The key is - either place 2 million baht into corporate account, or be married to a Thai, or figure out how to make an 18,000 baht personal income tax payment - so that you can get inital work permit.

My company handles only clients within greater Bangkok.

Cheers!

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok

[email protected]

www.thaistartup.com

[ThaiPb]

Steve,

Many thanks for your most informative post. It's great when something constructive comes from asking a question.

Huski - feel free to keep your facetious and smart arse comments to yourself. It's posters like yourself that make me shy away from bothering to ask - I speak for many others too. You should be really proud of yourself for achieving absolutely nothing, giving no useful advice as far as I could see and wasting readers time. Really - a job very well done. Well done indeed.

Steve - Indo-Siam - once again many thanks for your assistance.

[huski]

Huski - feel free to keep your facetious and smart arse comments to yourself. It's posters like yourself that make me shy away from bothering to ask

ThaiPb, its posters like yourself that think your little "hobbies" aren't considered working and end up in jail without a work permit. if you plan on living in thailand take your visa and work permit serious.

My OVERALL question is - I have a horrible feeling that I am not going to be able to get another visa. What is the best way? Marriage?

getting married for a visa? you showed your true colors right there.

You should be really proud of yourself for achieving absolutely nothing

i have the correct visa, company, work permit, pay taxes and sleep fine, how about you?

i recommended indo siam as they setup companies and are good honest guys based in thailand.

[opalhort]

My OVERALL question is - I have a horrible feeling that I am not going to be able to get another visa. What is the best way? Marriage?

getting married for a visa? you showed your true colors right there.

huski,

this was the statement which made me reply to ThaiPb's post in the first place.

he appears to be somebody who regards Thai women as a tool to help him meet his needs re: visa/WP. how much lower can a person go in life?

It should be obvious to anybody that working and earning money in Thailand, or in any other country for that matter, requires proper visas and a workpermit and the payment of taxes. All this can be achieved without too much trouble in an ETHICAL manner without having to "hire a wife" so to speak.

opalhort

[lamphun]

Indo Siam

Thank you on behalf of all other readers of this forum and thanks to ThaiPb for asking the initial question.

Your answers concerning Visa, Work Permit, Company Registration and Tax are the best and most informative posting I've seen on this site.

I suggest the Admin. locks this thread, after deleting the sidetracks from Huski and Opalhort.

[huski]

lamphun Posted on: Thu 2004-02-05, 18:49:59

######

Are you sure you're an Administrator, some mishtake surely. 

i suggest you respect the admins before you ask for anything.

[lamphun]

lamphun Posted on: Thu 2004-02-05, 18:49:59

######

Are you sure you're an Administrator, some mishtake surely. 

i suggest you respect the admins before you ask for anything.

Huski old chap

Respect is something that has to earned. Once lost it's difficult to get back.

Nicde photo by the way, recent ??

[ThaiPb]

Many thanks Steve!!!

I must say that today I met with Steve from http://www.indo-siam.com/ and it was most informative and interesting.

There are a couple of options that I now understand an awful lot more about and I would suggest that if you have a enquiry like mine or anything near to it that you contact Steve direct. (Contact details on his web site).

Most helpful indeed.

I wish all to know that the service and the time that he offered to me today was most appreciated. Steve gave me a good 2 hours ++ of his time and it was most generous of him.

A friendly and knowledgeable guy.

My very best regards to the positive posters...and of course Steve,

ThaiPb.

[Georgie-Porgie]

I suggest the Admin. locks this thread, after deleting the sidetracks from Huski and Opalhort.

Send Huski and Opalhort down to the Bear-Pit. We will make a quick snack out of both of them!