Is This Correct?

[anonymouse]

Hi all

I am currently in the uk and will be getting a non imm o visa from the Thai embassy on the basis that I am married to a Thai citizen.

once returning to Thailand I will request a one year extension and will deposit the required 400,000 in my Thai bank account.

I will also be taking over a business that meets all the requirements for me to get a work permit.

I spoke to a Thai lawyer and this is what he told me I'm a bit dubious about it.

1. I can pay myself a low wage from the business eg 15,000 baht - paying tax from this amount as I already have the 400,000 in my bank account.

2. I can use some of the 400,000 to provide a loan for my company - paying it into my company bank account - this can then be used to top up the money for the following years extension.

Thanks

[monty]

Seems to be correct...

The only reason to pay yourself a high salary (depending on your nationality, for Europeans 60.000/month) is to get an extension of stay based on workpermit...You would then also need 4 Thai employees (or 1 in case your business is consultancy).

In your case you already have an extension of stay (marriage), so the above is not needed.

You can use the 400.000 Baht for whatever you like, officially it's for living expenses, but I haven't seen immigration check where you spend your money on!

The only thing is that on your next extension of stay, your account has to be over 400.000 again...

Not sure though you can use the company money for topping up the account, but possibly yes. Normally only for investment and retirement visa they require the money to be brought in from abroad...

Also, if you use the company money, then your company has to earn it legally and pay taxes on it, immigration might require tax invoices from your company!

[SunbeltAsia]

1. I can pay myself a low wage from the business eg 15,000 baht - paying tax from this amount as I already have the 400,000 in my bank account.

In theory this is correct as there is no minimum salary for a work permit but here are the roadblocks which may appear.

It is the Labor Dept which decides if your work permit is approved. If you are getting a very low salary say 6,000 Baht per month, this is normal for a trainee.

For a MD, in most cases, they feel this person should be getting 30,000 Baht per month or more.

They will however approve some work permit applications with a 15K per month salary, it depends on the officer.

The second roadblock is if you are doing a share purchase agreement and replacing a previous MD. The Labor Dept is less likely to approve your application if the previous MD was making a higher salary of 30K per month and now you want to pay yourself only 15K per month. They may feel you are " milking Thailand" by avoiding to pay tax.

On the other hand if you pay yourself 45,000 Baht per month. Then you will not need to show the 400,000 Baht in the bank account on any renewal. The extension of support of a Thai national will be the evidence of your tax payments instead of money in the bank.

. I can use some of the 400,000 to provide a loan for my company - paying it into my company bank account - this can then be used to top up the money for the following years extension.

This is your money and you can use it as you like. However here is the next roadblock, if you don't go the 45k route per month. The officer on the renewal of the extension, may feel that you don't really have the capability to support a Thai national as this was a loan from a friend, because after you were approved you withdrew the 400K. Some officers have felt this was fraud. How did you support your wife? is a question they will ask. You state with a work permit.” How much was your salary?” would be the their question. “15K” is your response. You can see where this is leading. Why should they renew your extension? What evidence have you provided you are supporting your wife? On a salary of 15K, they will not feel this is high enough.

Immigration would much rather with the bank evidence on the renewal, you show them that you are taking $ out of the bank every month to support your wife, with evidence of ATM withdrawals from the bank passbook. At the end of the year, you top it back up to 400K with money from overseas and then reapply. Of course with the 45K scenario with the work permit, then you don't need the 400K in the bank anymore.

The last roadblock. When you apply for the extension of stay based on support of a Thai national, you cannot touch this money while its under consideration to approve you. If you apply and then take out the 400K within the 40 day under consideration. The odds are very high, you will not be approved.

www.lawyer.th.com

[anonymouse]

Thanks for the good advice chaps

[meadish_sweetball]

On the other hand if you pay yourself 45,000 Baht per month. Then you will not need to show the 400,000 Baht in the bank account on any renewal. The extension of support of a Thai national will be the evidence of your tax payments instead of money in the bank.

I was told by a Chiang Mai immigration officer that a salary of at least 30.000, PLUS a foreign transfer of 400.000 is required for renewal of a Non Immigrant O visa based on support of Thai citizen (wife). Is this a case where CM and Bangkok immigration policy differ? I asked him for clarification since I wanted to make sure, and he said it is indeed both, and not either or.