Have my company messed up my Non-B extension?

[timbrett]

Here is my situation.

I got a 3 month Non-B Visa on the 26th August. My company got me a work permit on the 17th September, when I started working for them. I am supposed to be on a 1 year contract

For some reason, my work permit is only dated until the 23rd January 2015 - possibly an error by my company, who did all the paperwork for the work permit.

My Non-B expires on the 23rd of November. Today, the HR manager told me that they could not extend my Non-B visa, and I would have to go to Penang to get another 3 month visa.

I know that in the past, this company have made mistakes with visas and work permits - other staff here have had problems too.

Can anybody give me some advice?

[timbrett]

Another question - am I supposed to go to the Immigration office in person to get my Non-B extension? Or is this something that my company can do on my behalf?

I would have thought that I needed to be there in person to get a Non-B extension, but maybe I'm wrong.

[ubonjoe]

They may be short on some of the paperwork for your extension.

Your only choice other quitting your job is to go out for another non-b visa.

The work permit validity is an odd number since they are normally are issued as 3 months, 6 months or one year.

[ubonjoe]

Normally you have to go to immigration to get your extensions. But some companies arrange for agents to do them.

[ALAV]

In Chiang Mai:

- They now issue work permits for 2 years.

- The company officer or yourself can apply for the extension, but you need to show up at the immigration at least once for them to take your photography.

[digitalchromakey]

Your Work Permit will expire in January due to your contract termination date or possibly the renewal date for required professional membership (e.g. Dive Instructors have this problem).

You will have problems at Penang getting a multiple entry non immigrant 'b' visa with less than 8 months validly in your WP.

However Phuket now do early WP renewals, so pay your fees/get your contract expiry date fixed and apply to renew your WP (standard validity period in Phuket is currently one year).

Good luck.

[dodyelfayed]

They can't renew work permit or Visa because they must pay much for social security every month and for Tax and Vat so if your company don't pay regularly so you can't renew,so u must go to Immigration to check what they need from documents it's try but not sure because everything depends on ur Company

[DealOrNoDeal]

Your work permit dates are strange.

Your company would have outlined your dates of employment (contract length) in their "Letter of Employment" which is a standard required document for the visa and work permit application process. This is what the Provincial Employment Office and Immigration base their process on.

As you never physically held your work permit when applying for Non-B, this is why only 3 month Non-B was issued. However, process requires minimum 30-days Non-B validity remaining for an extension to be granted.

To apply for extension, either yourself or your company/company agents can do. However, company documents and your social security (Phor Por 30) and tax payment documents (PND 1, PND91) are required.

I suggest you organize yourself with the company admin staff as your employer does not seem accommodating to your position. Either that, or hire a consultant yourself to do this process.

It is not a lot of money your employing company is required to pay monthly for Social Security and your personal tax. Based on 50,000/month for work permit purposes = approximately 4,500/month.

[timbrett]

As you never physically held your work permit when applying for Non-B, this is why only 3 month Non-B was issued. However, process requires minimum 30-days Non-B validity remaining for an extension to be granted.

Thank you everybody - some excellent advice for me.

Is the above quote correct? Do I need to have at least 30 days remaining on my Non-B visa to apply for the 1-year extension? My Non-B expires in 2 weeks.

[ubonjoe]

There is no requirement to have 30 days remaining on your entry.

[Mario2008]

The extension of your non-B does not require a minmum of 30 dates left, the work permit however might require some time to get.

[timbrett]

Excellent - thank you for clearing that up for me.

[timbrett]

OK, I have been given some more information. I would be very grateful if somebody could read between the lines for me and help me to understand what's going on.

I got this email from HR:

Due to your are employee by contract. You do not have socail insurance and tax (Por ngo dor 1) report to goverment. If you do not have both document. We can not extend your visa. If you do not clear please contact Immigration

3% tax is being deducted from my salary, as I found out when I was paid last month. Also, my contract states that I am a "consultant".

[Mario2008]

Seems they want you to register for tax and social security.

[timbrett]

What documents do I need to show immigration to prove that I am a) registered for tax and b ) paying social security?

I can ask for these direct from finance rather than going through HR.

Edited November 12, 2014 by timbrett

[Mario2008]

Immigration wnats to see th papers that you have paid taxes, I believe they are caled Por dor 90, for an extension to determine your income.

[stevenl]

And it sounds to me you have not paid taxes.

[ALAV]

The last 3 months of Por Ngor Dor 91, also Por Ngor Dor 50 and 30 and (if they are VAT-registered) Por Por 20.

But I am afraid you will need many more documents that these tax-related docs to secure an extension of stay.

[timbrett]

The last 3 months of Por Ngor Dor 91, also Por Ngor Dor 50 and 30 and (if they are VAT-registered) Por Por 20.

But I am afraid you will need many more documents that these tax-related docs to secure an extension of stay.

Yes. I had to get a big stack of documents from the company when I applied for my 3 month Non-B the first time, there weren't any problems.

The documents that I am concerned about are the ones that specifically mention my tax payments and my social security payments.

Edited November 12, 2014 by timbrett

[stevenl]

"The documents that I am concerned about are the ones that specifically mention my tax payments and my social security payments."

Judging by your statement you pay 3% tax, these documents do not exist.

[timbrett]

"The documents that I am concerned about are the ones that specifically mention my tax payments and my social security payments."

Judging by your statement you pay 3% tax, these documents do not exist.

Thank you stevenl.

If I knew what these documents were called, perhaps I could take steps to make sure they exist in the future,

[Mario2008]

I think you need to file for personal income tax and get a receipt of that from the tax office.

[ALAV]

The last 3 months of Por Ngor Dor 91, also Por Ngor Dor 50 and 30 and (if they are VAT-registered) Por Por 20.

But I am afraid you will need many more documents that these tax-related docs to secure an extension of stay.

Yes. I had to get a big stack of documents from the company when I applied for my 3 month Non-B the first time, there weren't any problems.

The documents that I am concerned about are the ones that specifically mention my tax payments and my social security payments.

You need to pay "Por Ngor Dor 91" (your personal income tax withheld at source) and "Prakan Sangkhom" (your social security) on a monthly basis. Normally the company would do this for you.

3% withheld from your salary would indicate that you pay a tax for service / professional fee, rather than for an employment income. What profession is indicated on your work permit?

[timbrett]

You need to pay "Por Ngor Dor 91" (your personal income tax withheld at source) and "Prakan Sangkhom" (your social security) on a monthly basis. Normally the company would do this for you.

3% withheld from your salary would indicate that you pay a tax for service / professional fee, rather than for an employment income. What profession is indicated on your work permit?

Thank you Alav. I can't read my work permit, unfortunately.

I thought that 3% was the standard tax for employment income in Thailand. How much should I be paying really - 10% or 20% or something?

I am beginning to regret ever taking this job.

[paz]

I thought that 3% was the standard tax for employment income in Thailand. How much should I be paying really - 10% or 20% or something?

http://www.rd.go.th/publish/6045.0.html

[timbrett]

Thank you Paz, that's what I needed to know.

I have spoken to my Finance department, who gave me some useful information.

Apparently I am not a regular employee - I am a contractor. My company does not pay my Prakan Sangkhom (social security). I have a tax ID number, which is something I suppose.

When I asked for a copy of my Por Ngor Dor 1, they said I did not have one, because I am a contractor. Instead, they gave me a copy of my Por Ngor Dor 3, which records my monthly 3% payments of withholding tax.

Does this seem like a legitimate setup - am I paying all the required taxes in Thailand and following Thai law?

Also - should I be able to get a 1-year extension to my Non-B visa with only my Por Ngor Dor 3 from the immigration office - or am I stuck with going on a visa run every 3 months to get a new Non-B visa (3 month) from Penang?

Sorry for all the questions - hopefully this thread might be able to help other people in the same situation as me in the future.

[paz]

Thank you Paz, that's what I needed to know.

I have spoken to my Finance department, who gave me some useful information.

Apparently I am not a regular employee - I am a contractor. My company does not pay my Prakan Sangkhom (social security). I have a tax ID number, which is something I suppose.

When I asked for a copy of my Por Ngor Dor 1, they said I did not have one, because I am a contractor. Instead, they gave me a copy of my Por Ngor Dor 3, which records my monthly 3% payments of withholding tax.

Does this seem like a legitimate setup - am I paying all the required taxes in Thailand and following Thai law?

No, I think you should be paying the balance to get to your tax bracket.

[timbrett]

No, I think you should be paying the balance to get to your tax bracket.

Let's assume my salary is 50,000 a month. How much extra should I be paying? How would I go about paying this?

[paz]

Let's assume my salary is 50,000 a month. How much extra should I be paying? How would I go about paying this?

Should be 12% (15-3), like 6,000 a month. Maybe in the business forum they can advise if it makes sense that one files and pay by himself, I'm not sure.

[timbrett]

That seems like a little too much.

I had a look on this site:

http://www.thaitaxcalculator.com/

Total Salary + Bonus 600000 Deduction 1 60000 40% or 60000 baht Deduction 2 30000 single taxpayer 30000 baht Spouse 30000 (only one of you can do it) What percent tax did you pay? 3.00% Kids 15000 each TAX PAID 18000 Other (see link below) TAX OWED 29000 LTF/RMF Investment REFUND/DEBT -11000 Total Taxable 510000 TAX BRACKETS 2013 Rate Amount 0-150 0.00% 0 150-300 5.00% 7500 300-500 10.00% 20000 500-750 15.00% 1500 750-1mil 20.00% 0 1-2mil 25.00% 0 2-4mil 30.00% 0 4mil+ 35.00% 0 TOTAL TAX OWED 29000 Various deductions: http://www.rd.go.th/publish/6045.0.html

That still leaves an extra 11,000 Baht a year I would have to pay on top of my withholding tax

Edited November 14, 2014 by timbrett