I Love Donald Trump

[maplevan]

Hi Experts, I am going to buy the 2 bedroom condo next month. If i want to start my consulting office from that location is it permissible in Bangkok ? Since present rent i am paying near Chiltom ares is 35000 baht and it makes more sense if buy the condo and run the office from there. I do not see more than 5 clients in a week. I have one receptionist who is willing to work from there. Please advise.

[wayned]

I would first check the bylaws of the condo association. Since you are working the next question is do you have a work permit?

[marullia]

Regarding your question about consulting out of your condo. Inpraticality a work permit requirement

is enforved only if the work is involving a Thai company or directly competes with Thai companies.

Please visit http://americanexpatchiangmai.com/how-expats-can-start-a-business-in-thailand

What kind of consulting?

[ezzra]

Nothing really should prevent you from running a business out of your condo,

providing the landlord (if the place is rented) is notified and you're not braking

and or the juristic by laws, if any,

However, be mindful not to create a nuisance, noise, commotions or extra

ordinary activities such as excessive number or people coming and going

and thus disturbing the other tenants and parking vehicles and such in an

unauthorized places, otherwise, you should be ok...

[NormanW]

In most condos you are not allowed to run a business.

It's supposed to be a home where you live.

Have a look at the condo's house rules to clarify.

[farang000999]

people who live there will not appreciate you bringing strangers into the building to do business. it is not safe. go buy commercial space and live there if it suits you.

[maplevan]

I would first check the bylaws of the condo association. Since you are working the next question is do you have a work permit?

I do not need a work permit as I only come to bangkok for a week to see all is working fine. Company is registered in Thailand and run by staff only. I have thai employees and my wife is who is from Thailand is the director of the company.

[maplevan]

In most condos you are not allowed to run a business.

It's supposed to be a home where you live.

Have a look at the condo's house rules to clarify.

Thanks !!! Condo House Rules, Good Stuff. I will ask from the landlord now.

[FritsSikkink]

I would first check the bylaws of the condo association. Since you are working the next question is do you have a work permit?

I do not need a work permit as I only come to bangkok for a week to see all is working fine. Company is registered in Thailand and run by staff only. I have thai employees and my wife is who is from Thailand is the director of the company.

Then it isn't your consulting office

[NanLaew]

Residential condominiums are called thus for a reason. There's at least two internationally marketed temporary office providers in Bangkok and probably a host of local copy-cat enterprises.

[harrry]

If you use a residential premises as an office you must pay commercial taxes.

If you do so there may be higher taxes due when you sell the property as it will be considered a business.

Edited October 23, 2013 by harrry

[DGIE]

If the condo will be yours, then all the rights of the room is yours. Who is your landlord? no more. So you can put your office there as long as your business is legal. I mean all requirements are met.

Few clients are not disturbance to your neighbor. They will not scream or noisy to disturb them.

[NanLaew]

I am sure there's many TV'ers sitting in their own RESIDENTIAL condo at this moment. If they can have a look at their paperwork and get back here with what the restrictions are (if any) regarding using their box-in-the-sky for any sort of commercial or business purposes, that would be handy to know. Unless of course a fair few of them are already (knowingly) flaunting the rules and regulations.

[Arkady]

Regarding your question about consulting out of your condo. Inpraticality a work permit requirement

is enforved only if the work is involving a Thai company or directly competes with Thai companies.

Please visit http://americanexpatchiangmai.com/how-expats-can-start-a-business-in-thailand

What kind of consulting?

It is not clear what this advice means and the linked blog provides some misinformation about the US Treaty of Amity which does not need to be renewed every three months but remains in force unless terminated by either party with one year's written notice. The initial term ended in 1976, not 2006. Thailand's motive for the treaty was to replace a treaty that was much more favorable to US nationals because it permitted them to own land, not in recognition for substantial US assistance in the Vietnam War era. The US just rolled over and accepted it.

There is no point in referring members to unverified sources that just make stuff up without any research and post it online.

The definition of work in the 2008 Working of Aliens Act is rather broad: "working through physical strength or whether or not it is intended for wages or other benefits."

This does not include doing the washing up in your own apartment or passively investing your own money but working in any business or for an NGO is certainly work and working in you own consulting business certainly qualifies.

Operating a business in your own condo should be OK, as long as the owners' rules permits it. You need to show that the company has permission to operate in the premises to register the company and to obtain a work permit but, if you are the owner, you provide this yourself.

For a WP application you need 4 Thai employees registered in the social security scheme. This excludes directors and shareholders of the company because the SSO will not cover them. You have to pay them B9,000 a month minimum wage or B15,000 with a bachelors degree. You may be able to start with less than 4 the first year, if you write a letter explaining why. Enforcement of this rule can vary in different parts of the country but Bkk generally applies it quite rigidly and even forces permanent residents to have 4 Thai employees.

[Arkady]

If you use a residential premises as an office you must pay commercial taxes.

If you do so there may be higher taxes due when you sell the property as it will be considered a business.

This is only the case if the owner is a company. The Land Dept has no record of the fact that a property owned by an individual has been used as a company's registered address. If the seller is a company the Land Dept withholds a standard rate of tax, according to its complex formulae, and the company then has to declare the profits from the sale in its year end tax filing which might result it in having to pay more tax, if the tax withheld by the Land Dept is less than the profit times the company's corporate tax rate.

[harrry]

If you use a residential premises as an office you must pay commercial taxes.

If you do so there may be higher taxes due when you sell the property as it will be considered a business.

This is only the case if the owner is a company. The Land Dept has no record of the fact that a property owned by an individual has been used as a company's registered address. If the seller is a company the Land Dept withholds a standard rate of tax, according to its complex formulae, and the company then has to declare the profits from the sale in its year end tax filing which might result it in having to pay more tax, if the tax withheld by the Land Dept is less than the profit times the company's corporate tax rate.

Ok

that covers that

how about the tax that is payable to the Tessabahn each year?

[phuketjock]

The Thailand Condominium Act no, 3, 4 BE 2522 ( 1979 ), 2551 ( 2008 ) amendment

Chapter II, Section 17/1 basically states that any business in a condo must have an

entrance and exit that does not interfere or cause any disturbance to the peaceful

existance of all other condo owners.

My condo rules state that any business requires the permission of more than half of

the other owners or the permission of the condo manager to operate any business.

[wprime]

Nothing really should prevent you from running a business out of your condo,

providing the landlord (if the place is rented) is notified and you're not braking

and or the juristic by laws, if any,

However, be mindful not to create a nuisance, noise, commotions or extra

ordinary activities such as excessive number or people coming and going

and thus disturbing the other tenants and parking vehicles and such in an

unauthorized places, otherwise, you should be ok...

Landlords will generally not approve as if you claim your rent as a tax deduction, then the landlord (god forbid) will be forced to pay taxes on their rental income.

[moonseeker]

The condo I own units in has some ground fl. units registered as commercial use at land-office (but can be used residential, too), but not the other way round. Offices or businesses of any kind not allowed in any of the residential units. I believe commercial units are higher "taxed" at land-office, but might be wrong. MS>

[brit1984]

if running your business will involve having staff/clients coming/going, I would recommend renting a real office (temporary/permanent)

if running your business just means you will doing (and storing) your paperwork there and sending emails/ making calls, you will be ok

[yoshiwara]

If you just go ahead with the idea, I would still be inclined to have the registered address of the business other than the residential building. You might simply get a box number from one of the private companies providing these services. Your letter headings should have this box number address rather than the residential address and your phone number should be a mobile number and not a landline linked to the residential address. The receptionist's employment contract (if there is one) should be linked to the PO Box address. No rental or heating/lighting from the residential address should be claimed. Furniture + IT hardware might be.

[MMarlow]

I am sure there's many TV'ers sitting in their own RESIDENTIAL condo at this moment. If they can have a look at their paperwork and get back here with what the restrictions are (if any) regarding using their box-in-the-sky for any sort of commercial or business purposes, that would be handy to know. Unless of course a fair few of them are already (knowingly) flaunting the rules and regulations.

Having a bit of a go Thai Visa members for what reason? And it's clear that you are having a dig at them from your use of capitals and the snide reference to "their box-in-the-sky" along with your "flaunting the rules" comment.

How would knowing the rules of one particular condo be handy to you or anyone else in theirs?

Why don't you mind your own business and keep you unwanted snipes to yourself.

Have a lovely day.

[SickOfEm]

Only 5 clients a week? save 35 grand a month rent? It's a no-brainer, don't listen to these idiots!

[yoshiwara]

Only 5 clients a week? save 35 grand a month rent? It's a no-brainer, don't listen to these idiots!

I know I wouldn't rent an office for that number of clients unless we are talking big ticket financial numbers, but even then I would be inclined to throw the money at the decorations and furniture.

[mccw]

Nothing wrong with working from home and inviting clients to see you when so few of them.

Maybe best to don't mention anything to the nieghboures, building management to be on the safe side. Much easier to deny a request than likely they be bothered trying to enforce something after its in place.

Just do it and ignore the grumpy posters nonsense.