I've done extensive reading on the topic and as near as I can tell it is much better suited to be a Thai business operating in America than it is to be an American business running in Thailand. I would like to work in the education sector primarily dealing with English language e.g. tutoring, private tutoring, and operate in the capacity of a teachers agency. I am consulting with attorneys who are experts on the issue however I am concerned that with the double taxation it is simply just not worth it. I would also like to employ foreigners. Initially I was under the impression that under the treaty I'd be free to hire whomever I wanted but after more scrutiny I think I was mistaken and the same hiring rules apply i.e. 4 thai's for every foreigner. Is that correct?

I am curious how would you be double taxed?

I see double taxation in Thailand at the corporate and individual level but wouldn't you receive a tax credit in America for Thai taxes paid?

In America you can use an S corp which is typically only taxed at the shareholder level.

I would also like to employ foreigners. Initially I was under the impression that under the treaty I'd be free to hire whomever I wanted but after more scrutiny I think I was mistaken and the same hiring rules apply i.e. 4 thai's for every foreigner. Is that correct?

Why not call the Counselor for Commerical Affairs at the US Embassy and ask him?

U.S. Embassy Bangkok

120/22 Wireless Road, Bangkok, Thailand 10330

Tel: +66-2-205-4000

Hours of Operations: Monday - Friday, 7:00am-4:00pm, excluding official holidays.

Counselor for Commercial Affairs: Michael McGee

Yes you do have to hire 4 Thais for every Farang WP including your own. Main advantage is you DO NOT need any Thai partners (voting or not voting nor majority minority shareholders) to set up your company. Whereas say a Brit would. I see this as one of the main advantages.

I have researched this as well. The upside is that you can own the company 100% instead of 49% like all other foreigners like Maprao stated. The down side is that nothing else is special about it and your right that the 4 Thai / 1 expat rules apply. The only time I heard someone get around this rule is if you have a foreign company and set up an office here to support that foreign company. I have been told that if you invest enough money (10 Million THB) then you can negotiate with the BOI and possibly get unlimited foreign visas. I cannot verify this.

Why would you be double taxed? As a foreign company you are only taxed on your salary and that is if it exceeds 94K USD a year I think is about the rate this year.

Firstly all educational services have to have a licence from the ministry of education, your building has to be approved , your classrooms must conform to the law and be the correct size, They are not going to give you an educational license without dealing with Thai Nationals as the majority do not speak English. Lawyers are good at the law , you need to speak to someone who is an expert on Education Law not the general law.

you are quite right you will have to employ and pay 4 Thai Nationals and pay social welfare for them also. This is for each work permit. If your company is valued at 2 million baht then you alone can have a work permit if your company is valued at 5 million then you can offer work permits.

you should have done more research on educational law in Thailand and how to open a school or language school, It is far from easy with all the new regulations.

Good Luck

I would also like to employ foreigners. Initially I was under the impression that under the treaty I'd be free to hire whomever I wanted but after more scrutiny I think I was mistaken and the same hiring rules apply i.e. 4 thai's for every foreigner. Is that correct?

what would he know about educational law in Thailand?

Why not call the Counselor for Commerical Affairs at the US Embassy and ask him?

U.S. Embassy Bangkok

120/22 Wireless Road, Bangkok, Thailand 10330

Tel: +66-2-205-4000

Hours of Operations: Monday - Friday, 7:00am-4:00pm, excluding official holidays.

Counselor for Commercial Affairs: Michael McGee

I would also like to employ foreigners. Initially I was under the impression that under the treaty I'd be free to hire whomever I wanted but after more scrutiny I think I was mistaken and the same hiring rules apply i.e. 4 thai's for every foreigner. Is that correct?

what would he know about educational law in Thailand?

Why not call the Counselor for Commerical Affairs at the US Embassy and ask him?

U.S. Embassy Bangkok

120/22 Wireless Road, Bangkok, Thailand 10330

Tel: +66-2-205-4000

Hours of Operations: Monday - Friday, 7:00am-4:00pm, excluding official holidays.

Counselor for Commercial Affairs: Michael McGee

"what would he know about educational law in Thailand?"

I was replying to the person who started the thread who asked: Are the Amity Treaty benefits worth it?" He does know about the terms of the treaty.

If you want to start your own thread about Thai educational law, I promise I won't suggest that you call the Counselor for Commercial Affairs or otherwise attempt to change the subject being addressed.

duplicate post

Yes

I'm a government teacher currently on a B visa. I also have a Thai wife, so I can also change to an O visa and get my own work permit. My question is could he hire me or does he still have to hire 4 more Thai people?

I'd hate to see you teaching English when you use the apostrophe to pluralise. The apostrophe is only to be used to indicate either the possessive tense or a contraction.

'' I am consulting with attorneys who are experts on the issue'' so why are you asking morons on this forum ?