Are You A Sexpat Or Do You Ride The Backwards Morality Train?

[RaysFan]

Im starting an amity company, and I guess this goes for any company really... I have to have 4 Thai employees, and they have to be paid 9000 baht per month, right?

Just curious... Can I have 2 Thais, pay them 9000 per month, and just pay the tax like im paying 4 Thais 9000 per month? How do I get around this?

Or can I have 4 Thais at 9000 per month during the start up of the company, then get rid of 2 of them?

I just need it explained to me.... I see people selling their Thai companies on the internet all the time and there is actually no business at all... No employees, no product... They are just selling the company... So there is obviously a way around this.

[Arkady]

You need the 4 employees if you want to apply for a work permit. You should be able to get away with only 2 in the first year of a new company. They all need to be paid 9000 a month and you have to pay social tax for them monthly. Shell companies can be offered on the internet but it is better to form your own because you don't know what liabilities you may be taking on. Shells only have a value if they have special licences attached like a securities or insurance co and these obviously don't. So why bother with them?

[bbradsby]

A related question, if I may: doesn't the ownership of said company, by its very existence, allow the owner to have a work permit, even with no employees? How else to operate the Company at startup, or a small consultancy with no need of employees - sheer willpower?

Also, the Amity Treaty allows Americans to operate businesses in reciprocity for Thais doing the same in the USA, but still prohibits the Americans from operating business on 'the Lists,' that include "Exploitation of Land," an exceedingly vague phrase. Has this phrase ever been clarified by the regulatory agencies? More specifically, are construction, construction management and land development (for other owners of said land) considered "Exploitation of Land?"

TIA!

Edited June 13, 2013 by bbradsby

[farang62]

I have had my "Thai American Amnity Treaty" Company for over 20 years here in Thailand.

Yes you can get a W.P. with no Thai employees, but not advised as labor Dept. doesn't like it.

You need 4 thais to get an additional work permit and so on.

Make sure your articles of incorporation inclides every thing, business, type of businees,anything you can think of, mine is 4 type written pages.

It covers everything imanagable,(i did for get brain surgery) easy when you set the company up, difficult and costly to change later.

Have you read the actual treaty document, read it carefully, interpetation is not a problem as both the English and Thai Version are certified the same.

I have found my best advantage come when I need restricted items from the U.S., if you are treaty company things go a lot easier and smoother.

They have people who deal with the treaty at the embassy, just give them a call.

[bbradsby]

I have had my "Thai American Amnity Treaty" Company for over 20 years here in Thailand.

Yes you can get a W.P. with no Thai employees, but not advised as labor Dept. doesn't like it.

You need 4 thais to get an additional work permit and so on.

Make sure your articles of incorporation inclides every thing, business, type of businees,anything you can think of, mine is 4 type written pages.

It covers everything imanagable,(i did for get brain surgery) easy when you set the company up, difficult and costly to change later.

Have you read the actual treaty document, read it carefully, interpetation is not a problem as both the English and Thai Version are certified the same.

I have found my best advantage come when I need restricted items from the U.S., if you are treaty company things go a lot easier and smoother.

They have people who deal with the treaty at the embassy, just give them a call.

Thanks for your input and benefit of your experience. I have read the Treaty, but the question of "exploitation of land" business activity prohibition is still open in my mind.

Does anyone know if there is case law or regulatory agency documentation in clarification of this vague phrase?