American Owned Business

[hellohello]

I am an fine Artist living in the LOS for almost two years. Could I acquire a business license to sell my work here? Is a Thai national required to have a business license to sell his/her art or handicraft? I was told that Americans can own business here 100% without a Thai partnership due to the Treaty of Amnesty. if so, could you put property in the business name? What kind of business dose it have to be to buy land? Can it be something as simple as an art gallery in my home? If the business was to close, where would the acquired property go? Would it be worth the hassle? I heard it cost about $1500 US just to obtain all the paperwork (to open a simple bar / restaurant) and that's without getting a work permit. Seems a bit high priced in comparison to everything else here. Anybody know of a lawyer that could help me with this and my particular needs? Thanks! bye bye hello hello

[Sunbelt Asia]

Could I acquire a business license to sell my work here?

Why do you need one?

Is a Thai national required to have a business license to sell his/her art or handicraft?

no

I was told that Americans can own business here 100% without a Thai partnership due to the Treaty of Amnesty. if so, could you put property in the business name?

Buildings: yes…land: no

What kind of business dose it have to be to buy land?

Limited company you owning no more than 39%

Can it be something as simple as an art gallery in my home?

If you want to be legal, no

it be worth the hassle? I heard it cost about $1500 US just to obtain all the paperwork (to open a simple bar / restaurant) and that's without getting a work permit. Seems a bit high priced in comparison to everything else here.

Everybody has different fees. Our rate is 3,900 for forming a company and 9,500 for a work permit. Proud to say, the lowest fees in Thailand. No one, even one man Thai companies have lower fees. We are 90% lower than international firm rates. Interviewed a lawyer from a medium international law firm yesterday. Her ex-employer charges 70,000 minimum to form a company. When I told her our rate of 3,900 she about fainted. She’s starting next week at a 25% pay cut from her last job. “With your rates, I don’t expect to make as much as before, but that’s ok”

Anybody know of a lawyer that could help me with this and my particular needs?

Feel free to contact us. www.sunbeltasia.com or call 02-642-0213. Your work will be handled 100% by licensed professional lawyers who speak English.

[Indo-Siam]

I basically agree with everything, except with respect to the legality of an art gallery business in a home. If the OWNER of a home/residence wants to use the home as a registered business address, then this is legal - as long as it is the OWNER, and there is a company sign outside, in the right place. My guess is that there are well over 10,000 businesses in Thailand that are based in homes.

I do not know if there are other restrictions - such as: If you are a gallery, with space for 100 visitors, then you must have a fire sprinkler system - there may be rules like this for venues that will have many visitors. But - the OFFICE of a company that ran a gallery could definitely be in a private home, if certified by the homeowner.

This point is probably just a difference in interpretation of the question.

Good luck!

Cheers!

Steve

Indo-Siam

[Sunbelt Asia]

Correct Steve, I was thinking he wanted to avoid the hassle and just do it out of his house without registering the business.

If he was going legal, you are also correct that the OWNER of a home/residence can set up a business. Not the renter of a residence. Of course their would be the condo rules, if the businessperson owned a condo, to be concerned about as well.

[Zendesigner]

what a crock,

there a bout 3 million kauw pad shops in thailand that rent a premise and do buisiness from there.

Don't tell me they all need to move to an office he?

b

[Guest IT Manager]

Zen I know this will seem foolish, however, if you read carefully you will find the bit where both Indo and Sunbelt said "no" to the question about Thais' needing to have a licence to sell handicrafts.

Were you to expand a bit, and call Kaow Padh "handicrafts" (especially since I can't make it very well), you would find the point covered.

FWIW I run my business from home with a work permit and no problems.

[Zendesigner]

hi IT,

you're extrapolating a bit i wasn't talking about handicrafts.

If the OWNER of a home/residence wants to use the home as a registered business address, then this is legal - as long as it is the OWNER, and there is a company sign outside, in the right place.

this is what i'm talking about. They are saying that ONLY A OWNER of a premise can use it as a business ?????

There ARE about 500.000 KAUW PAD shops in thailand wo go and rent a townhouse from somebody and setup shop ........ Don't tell me they are illegal ???

Besides when has everything become so serious in thailand ???

If i start to listen to sunbelt en Indo to much i'm thinking i'm back in Europe.

My advice.

YOU Paint and express yourself.

Your wife sells them in HER business or little shop in your garage. She " Buys " them somewhere else...

Just don't paint in the garage "in the shop" or you are working there.

Nobody will give a damm....

especially not i you're up country somewhere..

PS: The visa officer the other day also needed A few hundred bath to make sure everything was LEGAL !!!! TIT.....

[Sunbelt Asia]

his is what i'm talking about. They are saying that ONLY A OWNER of a premise can use it as a business ?????

I was NOT about talking Thais. Last time I checked, no national Thais need a work permit to work. In order to get a work permit, you need to get a Vat cert. In order to get the VAt cert, you cannot use your home unless you own it. I did not feel, I have to in every response, state of course if you are Thai, this does apply. HelloHello is an American.

Sounds like YOU, don't feel, you should either. But that’s your decision and your life. Some people get deported for working without a work permit and some don't.

People in the past, that get in trouble are when they had a argument with the wife and are looking for something to hang you for, jealous neighbor, competitor, etc.

So to make it more clear...

"Can it be something as simple as an art gallery in my home? "

If you mean working with out a work permit: NO. This is because you need a work permit. In order to get a work permit, you need to get a Vat cert. In order to get the VAT cert, you cannot use your home unless you own it.

However all the above, does not apply to Thais, as they do not need a work permit in Thailand.

[The Quill]

Greg I don't own my home, but I have a work permit and have applied for a VAT registration.

They asked for, and got, the Tabien Baan, and a signed copy of the owners ID card, but he doesn't appear on any of the documents.

Why is that, based on your view about VAT registration and work permits?

[Zendesigner]

Greg,

Why do you need as farang to make things more complicated than they are?

I was NOT about talking Thais. Last time I checked, no national Thais need a work permit to work. In order to get a work permit, you need to get a Vat cert. In order to get the VAt cert, you cannot use your home unless you own it. I did not feel, I have to in every response, state of course if you are Thai, this does apply. HelloHello is an American.

So as always thais can do almost anything without the paperwork and permits and blabla.

So let his wife open up her shop. IF they ever reach the 600.000 bath mark (yes i mean IF , like another 2million thai businesses who are still iffy about this) Then she can apply for vat and start an accounting.

Only if you start down the road of o a litimed company , then you are REQUIRED to keep accounting , PAY VAT even if you didn't sell anything , they want you to pay especially if there is a farang in the company, large capitalization startup cost associated with that..ect. Don't even think about getting your vat back when you export to foreign countrys. Everybody told me it is a dear misery...

So unless he needs to start buying property ect all this is not neccesary. He has been here for 2 years already ... Can a painter NOT paint that long ??

Sounds like YOU, don't feel, you should either. But that’s your decision and your life. Some people get deported for working without a work permit and some don't.

Where did you get the idea i worked ?? i don't ???

My wife has her business , she supports me. I'm a lazy farang sitting in his garden everyday(sometimes i go fishing also) :-). If i'll look for work i'll surely need a work permit , that's true. untill then i live of the renewable 400.000 bath i need to show for a non O every year (isn't that the reason what it's for ??) and from what my wife supports me (somtam everyday :-).

[et33.com]

i know nuts about art

but why not just get somebody

to co-joint in an art show

say for two months

make it known like crazy

call yourself a art genius or something

than move to another country

and just in case

i think it's better to find out

if your kind of art can sell there in thailand

just get someone to put up twenty

thirty pieces and see how it goes first...

of course give a cut to the shop owner...

[Sunbelt Asia]

So let his wife open up her shop.

Well thats an option if ..

1. HelloHello is a man

2. HelloHello is married to a Thai.

I don't see anywhere in his post that he stated the above. As for protecting his interests with that setup if he or she was indeed married to a Thai, their would be none.

You don't have to file for Vat either if you own a limited company, at least till you reach gross sales of 1,200,000 baht or need to apply for a work permit.

As an American, he or she can form a Sole Proprietorship and have the same rights as a Thai until Dec 31 2004, all Americans can apply.

So unless he needs to start buying property ect all this is not necessary. He has been here for 2 years already ... Can a painter NOT paint that long ??

Paint for "enjoyment" is one thing. Selling is another. You surmise he is married to a Thai. I did not make that leap of judgement. Agreed if he is not going to buy land then forming a company under a Sole Proprietorship is best if he was not going to work in the business by selling in Thailand. If He needs a work permit, then would go with a limited company because of the liability issues.

I only can give the correct legal advice. Everybody has a choice if they want to do it legal or not. Thats not my decision.

www.sunbeltasia.com

[Sunbelt Asia]

Why is that, based on your view about VAT registration and work permits?

Luck. He found a Thai that pays their own property taxes. Also luck they DID NOT require the landlord to go to the Vat office himself.