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Is It Possible To Set Up A Single-Practitioner Business Model


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The answer is no !

You will never be able to operate a legal , one man business, in Thailand doing freelance on line "stuff"

Actually a foreigner cannot operate any business, or activity, or playing, or anything esle really, as a one-man business. Will always need to form a company, give majority of shares to a Thai, and employ 4 Thais if he/she intends to work. Assuming that said work is not a reserved occuation, in which case it can't be done under no circumstances. Nice isn't ?

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The answer is no !

You will never be able to operate a legal , one man business, in Thailand doing freelance on line "stuff"

Actually a foreigner cannot operate any business, or activity, or playing, or anything esle really, as a one-man business. Will always need to form a company, give majority of shares to a Thai, and employ 4 Thais if he/she intends to work. Assuming that said work is not a reserved occuation, in which case it can't be done under no circumstances. Nice isn't ?

Actually your wrong...you could set up a representative office of a foreign established company without needing to comply with the ltd company criteria, however the Rep office needs to be sourcing local Thai products/services, needs to repatriate THB around 5 million into Thailand over 3 years and can only operate the rep office for a period of 5 years and bascially cannot invoice from Thailand...

therefore under this model, one could be a 1 man band in Thailand and even get a WP, could the OP use this model for what he has in mind...most likely not

Under a limited company its not always 4 employees...it could be THB 1.0million capitalisation and two employees, if the person setting this up is married to a Thai national, as opposed to 4 employees and THB 2.0 million capitalisation..

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Soutpeel:

This is very lame because they make it so difficult for a guy to live in Thailand, and have a small biz for himself. Not everybody comes here with a huge pension and bank account.

let me challange this by asking how many other countries in the world let you do what you want to do, if your not a citizen or PR of said country ?

Why dont you try Cambodia ?....US $ 250/yr and you can do pretty much want you want to do....for now at least

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It's perfectly legal for a Thai national to register a sole-trader business (Book khon tamada), and then employ a foreigner in that business, (provided that their work is not on the restricted list). Of course, many 'farang' lawyers will not tell you that, because they want you to pay them to register a Thai ltd company.

The upside of a sole-trader business is minimum accounting and tax liabilities. The downside is that the business owner has no limited liability protection.

Simon

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"Actually a foreigner cannot operate any business, or activity, or playing, or anything esle really, as a one-man business. Will always need to form a company, give majority of shares to a Thai, ..."

Americans can form a company under the Amity Treaty without the need for Thai partners. While that's convenient, it doesn't change the overriding fact that the business must have a certain level of Thai employees/payroll before requesting a work permit for yourself.

So the answer remains No.

Edited by mahjongguy
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"Actually a foreigner cannot operate any business, or activity, or playing, or anything esle really, as a one-man business. Will always need to form a company, give majority of shares to a Thai, ..."

Americans can form a company under the Amity Treaty without the need for Thai partners. While that's convenient, it doesn't change the overriding fact that the business must have a certain level of Thai employees/payroll before requesting a work permit for yourself.

So the answer remains No.

Except if they set up a Rep office then Thai employee/pay role rules dont apply to get a WP...wink.png

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"Actually a foreigner cannot operate any business, or activity, or playing, or anything esle really, as a one-man business. Will always need to form a company, give majority of shares to a Thai, ..."

Americans can form a company under the Amity Treaty without the need for Thai partners. While that's convenient, it doesn't change the overriding fact that the business must have a certain level of Thai employees/payroll before requesting a work permit for yourself.

So the answer remains No.

Since we're placing dots on the I's:

Current Status

The Amity Treaty, which was signed in 1966, expired on 01 January 2005 as a result of Thailand’s WTO commitment. The Amity Treaty has not been renewed or officially extended. Due to a WTO rule which prohibits special treatment towards nationals of a particular country, Thailand cannot officially maintain the Amity Treaty while also being a WTO member.

However, despite its expiration, the Thai government has stated that it will continue to honor the Amity Treaty’s provisions. Moreover, the US government continues to encourage American investors to utilize the Amity Treaty. It is currently uncertain how long Thailand will continue to honor the Amity Treaty, but no indication has yet been made that this policy will cease. It is also uncertain how the status of companies registered under the Amity Treaty after 2005 would be affected if Thailand ceases to allow American investors to set up companies under the treaty ("Treaty Companies").

http://www.mydestination.com/phuket/6182777/legal-matters-us-thai-amity-treaty-an-overview

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It's perfectly legal for a Thai national to register a sole-trader business (Book khon tamada), and then employ a foreigner in that business, (provided that their work is not on the restricted list). Of course, many 'farang' lawyers will not tell you that, because they want you to pay them to register a Thai ltd company.

The upside of a sole-trader business is minimum accounting and tax liabilities. The downside is that the business owner has no limited liability protection.

Simon

Is estate agent on the restricted list ?

I see many farangs, including Russians, running most of the property agencies in downtown Pattaya.

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Can someone point me to where i will find details about the fact that being married to a Thai National

allows you to get a workpermit with 2 employees and 1million baht capital.

As far as I am aware there is no need to deposit 1 million Baht at all. The 1 million can just be the registered capital of the company.

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Can someone point me to where i will find details about the fact that being married to a Thai National

allows you to get a workpermit with 2 employees and 1million baht capital.

 

Department of Employment regulations of 2004. http://www.thaivisa.com/forum/department-employment-regulations-t18599.html&p=188450/

But is has been reported that previous government made changes to regulations in 2010/ 2011 but were not made public so I have not seen them.

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Can someone point me to where i will find details about the fact that being married to a Thai National

allows you to get a workpermit with 2 employees and 1million baht capital.

As far as I am aware there is no need to deposit 1 million Baht at all. The 1 million can just be the registered capital of the company.

Yeap its capitalisation, not cash...but I do believe some goverment departments are asking for "X" amount of cash as well in some cases

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