We may be setting up a very small guest house just two rooms in a building owned by my Thai wife. We are in a small town well away from the tourist centres of Thailand.

I am on a Non Immigrant 'O' visa to stay with relatives

As we only come here for a few months each year we wanted to set up the guest house in my sister-in-laws name as a sole proprietor because she lives her full time.

I understand that she could then apply for a work permit for me provided she meets all the criteria (2 Thai employees etc)

So we went to see a local accountant about this and he told us quite emphatically that it would be better to set the business up as a partnership between me and my sister-in-law as then I could work on the business in Thailand legally.

I told him that I had heard of many cases of people getting into trouble with the Thai Authorities for working without a work permit. He told us that this was true in the tourist centres when farangs set up bars etc but not where we are. He assured me it would be OK.

I am confused. I am sure he is wrong but maybe what he says is true.

Can anybody advise me please?

Working requires a work permit. You will not get that without suffcinet Thai personell (4 persons would be required).

To work or even volunteer in Thailand, you need a work permit.

When that is said, you can look at it this way.... Your advisor is wrong in theory, but right in practical terms. Whatever solution you decide on (fully legal, semi-legal or completely illegal), the only advice I can give you is: "Just stay low and do not make enemies here"

Edited September 24, 201411 yr by khunpa

Working requires a work permit. You will not get that without suffcinet Thai personell (4 persons would be required).

I have been told that for a foreigner with a Non Immigrant 'O" visa it is only necessary to have 2 Thai employees but for other forms of visa 4 are required.

To work or even volunteer in Thailand, you need a work permit.

When that is said, you can look at it this way.... Your advisor is wrong in theory, but right in practical terms. Whatever solution you decide on (fully legal, semi-legal or completely illegal), the only advice I can give you is: "Just stay low and do not make enemies here"

Yes that is what I figured. In effect the accountant is saying that the law will not be enforced away from the tourist centres?

In that case does it make any difference if it is a partnership or not? Are the authorities more likely to turn a blind eye in the case of a partnership?

I take your point about not making enemies here.

Thanks

Correct, if based on marriage to a Thai it would be only two Thai employees for your WP. (I missed the part saying you had a Thai wife).

Correct, if based on marriage to a Thai it would be only two Thai employees for your WP. (I missed the part saying you had a Thai wife).

We could not afford to set up a company so my sister-in-law would register as a sole proprietor business. I have also been told that she can apply for a work permit for a foreigner as a sole proprietor although it is not 100% that one would be issued.

Can you confirm this?

I would prefer to take the legal path if we can afford it for a very very small business:)

I believe only with 2 Thai employees will you get the WP.

Officially 2 Thai employees required, how it is interpreted and enforced by the local authorities (which could easily change over time as well) ?

Also only 2 thai employees if you have a child in thailand and you are the legal father? Not married to a thai

Not sure if the rules also allow for only 2 employees per WP in that case. I would inquire with labour.