How much does it actually cost to start a company to get a work permit?

[makescents]

I've only worked alongside companies before and never seen the actual cost involved to get a company started here. Since a lot of people were arguing about the so called 'digital pikeys' not being legal and others including myself arguing that becoming legal is too costly I thought I'd start this thread.

The way I see it, to make this information useful to all, there are 4 scenarios that need exploring:

Starting a company as:

1. non-US citizen
   
2. non-US citizen married to Thai national
   
3. US citizen
   
4. US citizen married to Thai national
   

The difference between all 4 of these scenarios dictates:

• Paid up capital required
  
• Shareholders required
  
• Number of Thai employees required
  

So if I was starting a company tomorrow, how much money would I need right now, what payments/money would need to be shown in the future and finally, what are the ongoing monthly costs?

Also questions such as:

• What is the monthly min wage for Thai employees?
  
• Are all Thai employees required to be full time?
  
• What are the social security contributions required for Thai employees?
  
• How does WP tie in with immigration? How much is the min I need to earn? Is it easier when married?
  

Can we keep it practical. I know most people using a company for a single work permit don't actually hire Thais, choosing to pay social security for ghost employees. Does paid up capital only need to appear on a bank statement for 3 months if shown at all?

Point being, what happens in reality is different that what often gets quoted online - your anecdotal evidence is welcome.

[beechguy]

Why? All of this has been discussed hundreds of times, if people are too illiterate to comprehend those posts, I doubt that repeating the same information is going to accomplish very much.

There are sponsoring law firms that post fees for their services, I would expect a 'digital pikey' would be able to do a search, they also list fees for WP and other permit services, some include the various accounting fees.

If it is considered too costly to conduct business legally, perhaps it's time to reconsider their location or their financial situation.

[Satcommlee]

I wouldn't go as far as to say people are illiterate and can't comprehend these posts, the reality is that most posts on here are contradictory and have very little information value..

The people that actually successfully legitamise themselves in Thailand don't want everyone jumping on the same bandwagon so will seldom provide any valuable information for others.

The software and web development is actually eligible for BOI privileges, having looked at approvals over the last few years I've seen many software companies approved with as little as 1M THB capital, 100% foreign ownership and relaxed WP regulations.

[Liquorice]

Cheaper to get married to a Thai, then you have the right to work and get a Work Permit.

[maderaroja]

Why? All of this has been discussed hundreds of times, if people are too illiterate to comprehend those posts, I doubt that repeating the same information is going to accomplish very much.

There are sponsoring law firms that post fees for their services, I would expect a 'digital pikey' would be able to do a search, they also list fees for WP and other permit services, some include the various accounting fees.

If it is considered too costly to conduct business legally, perhaps it's time to reconsider their location or their financial situation.

It is a shame that you are so critical of others. You must be a real joy to be around on a steady basis.

[12DrinkMore]

I hope that the well constructed question actually produces some decent answers. It is about time we Aliens managed to collectively get our knowledge together and have all this information in one place. There are, indeed, several areas which should be given a comprehensive treatment.

- Visas

- Companies

- Work Permits

- Tax

- Death and inheritance

- Land and property rights

- Vehicle registration

- Driving License

There are several hindrances which have so far always prevented an accurate and concise source of information.

- The law and what actually happens get mixed up.

- Half truths, inaccurate posts and anecdotal nonsense.

- Lack of willingness to help.

- Vested interest in not giving out the information.

- People just spraying random posts around after reading the first post but do not read the entire thread.

Now if someone like UbonJoe, the Main Man with his finger on the Pulse of Visas, had his own pinned read only thread, all those visa questions could be referred to one updated source.

Just an idea.

[12DrinkMore]

Cheaper to get married to a Thai, then you have the right to work and get a Work Permit.

Not true.

[Globalist]

Excellent OP, I'm also interested in precisely those questions.

Look forward to positive responses from community members with real experience.

[beechguy]

Why? All of this has been discussed hundreds of times, if people are too illiterate to comprehend those posts, I doubt that repeating the same information is going to accomplish very much.

There are sponsoring law firms that post fees for their services, I would expect a 'digital pikey' would be able to do a search, they also list fees for WP and other permit services, some include the various accounting fees.

If it is considered too costly to conduct business legally, perhaps it's time to reconsider their location or their financial situation.

It is a shame that you are so critical of others. You must be a real joy to be around on a steady basis.

Just not very tolerant of the lazy. The fact is, much of this information can be found by reading the websites of the legal firms, some even include the fees they charge. Also, some other links readily available, for labor and other laws and regulations. But, I guess clicking a few buttons is just too much work.

[MAMMartin]

Agree with comments where info on here can be very inaccurate (such as the comment about marrying a Thai to get a visa and a work permit - yes you can be you still need the company to offer you the job). Couple of things that invariably get missed - so looking at the digital nomad requirement (as in they don't actually need a company to get their income but want one for the legal status in Thailand):

1. depending on why you want the company a rep office can be a really good option for digital nomads. Requires less Thai staff, no profit or tax to be paid or charged, fairly cheap to set up but does require you to have an overseas company as the home office.

2. if setting up a company with the intention of using ghost employees to legitimise it do not forget that the correct amount of money needs to be run through the business to look "real". e.g. Farang salary of 50k, 4 staff at 12k each, 2 x Employers SSF of 6k - this alone equates to 104,000 needing to go through the company account plus the "rent & bills" (albeit the farang can actually keep about 92k of it). Immigration and the labour office do look at the annual accounts when it is renewal time.

Both of these are not often talked about or explained by the "law" firms that help set up the companies.

[12DrinkMore]

Agree with comments where info on here can be very inaccurate (such as the comment about marrying a Thai to get a visa and a work permit - yes you can be you still need the company to offer you the job). Couple of things that invariably get missed - so looking at the digital nomad requirement (as in they don't actually need a company to get their income but want one for the legal status in Thailand):

1. depending on why you want the company a rep office can be a really good option for digital nomads. Requires less Thai staff, no profit or tax to be paid or charged, fairly cheap to set up but does require you to have an overseas company as the home office.

2. if setting up a company with the intention of using ghost employees to legitimise it do not forget that the correct amount of money needs to be run through the business to look "real". e.g. Farang salary of 50k, 4 staff at 12k each, 2 x Employers SSF of 6k - this alone equates to 104,000 needing to go through the company account plus the "rent & bills" (albeit the farang can actually keep about 92k of it). Immigration and the labour office do look at the annual accounts when it is renewal time.

Both of these are not often talked about or explained by the "law" firms that help set up the companies.

The ghost path is also a problem.

It is not unknown for the labour department to make a visit to inspect the work area, if there are no desks and never any employees working questions will be asked and the envelope may have to be passed over.

[12DrinkMore]

Cheaper to get married to a Thai, then you have the right to work and get a Work Permit.

Not true.

Why not?

Because it is simply not true.

How do you want me to clarify something which is not true?

Being married to a Thai does not give you the right to work.

Being married to a Thai does not give you the right to get a work permit.

That is the law.

[beechguy]

I hope that the well constructed question actually produces some decent answers. It is about time we Aliens managed to collectively get our knowledge together and have all this information in one place. There are, indeed, several areas which should be given a comprehensive treatment.

- Visas

- Companies

- Work Permits

- Tax

- Death and inheritance

- Land and property rights

- Vehicle registration

- Driving License

There are several hindrances which have so far always prevented an accurate and concise source of information.

- The law and what actually happens get mixed up.

- Half truths, inaccurate posts and anecdotal nonsense.

- Lack of willingness to help.

- Vested interest in not giving out the information.

- People just spraying random posts around after reading the first post but do not read the entire thread.

Now if someone like UbonJoe, the Main Man with his finger on the Pulse of Visas, had his own pinned read only thread, all those visa questions could be referred to one updated source.

Just an idea.

The only problem is, that it would turn out just like the Visa Forum, how many times would a Moderator have to answer the same repetitive questions, because people couldn't be bothered to read the responses. 90 day reports is a good example.

Actually, there is an "Ask the Lawyer" section, and here in the Business Forum, there are two sub forums near the top of the page, for "SME's" and Business Services Information".

Edited January 20, 2015 by beechguy

[12DrinkMore]

I hope that the well constructed question actually produces some decent answers. It is about time we Aliens managed to collectively get our knowledge together and have all this information in one place. There are, indeed, several areas which should be given a comprehensive treatment.

- Visas

- Companies

- Work Permits

- Tax

- Death and inheritance

- Land and property rights

- Vehicle registration

- Driving License

There are several hindrances which have so far always prevented an accurate and concise source of information.

- The law and what actually happens get mixed up.

- Half truths, inaccurate posts and anecdotal nonsense.

- Lack of willingness to help.

- Vested interest in not giving out the information.

- People just spraying random posts around after reading the first post but do not read the entire thread.

Now if someone like UbonJoe, the Main Man with his finger on the Pulse of Visas, had his own pinned read only thread, all those visa questions could be referred to one updated source.

Just an idea.

The only problem is, that it would turn out just like the Visa Forum, how many times would a Moderator have to answer the same repetitive questions, because people couldn't be bothered to read the responses. 90 day reports is a good example.

Actually, there is an "Ask the Lawyer" section, and here in the Business Forum, there are two sub forums near the top of the page, for "SME's" and Business Information Services".

Hi,

I said at the bottom they should be a read only threads with one contributor. We only need the concise distilled essence, not the usual 95% of irrelevant banter.

[Soutpeel]

Cheaper to get married to a Thai, then you have the right to work and get a Work Permit.

Guess again, getting married doesn't give you the right to work IR a WP, only being employed by a Thai company gives you the "right" to work

[Danbit]

I do consider to start a firm with a Thai. 51% will be Thai owned I finance and expect I can get some dividend.

What is the min. capital in a LTD and are there a annual fee ?

[avander]

Cheaper to get married to a Thai, then you have the right to work and get a Work Permit.

Not true.

Why not?

Because it is simply not true.

How do you want me to clarify something which is not true?

Being married to a Thai does not give you the right to work.

Being married to a Thai does not give you the right to get a work permit.

That is the law.

You are correct 12Drinks.

My research left me with the understanding that marrying a Thai and living in Thailand does give one the right to APPLY for a Work Permit which gives you the right to work legally. The key words are "right to apply".

You still need to jump through the hoops in terms of either setting up a business or being offered permanent employment by a Thai company. In addition one of the interesting things I did find out was that you can get a "short-time" WP (no,no, no not that kind of short-time!) that allows someone to employ you for 3 months at a time (I believe). I'm not sure how often you can be employed by the one company or how expensive it may be but it does exist. I was discussing some possible short term assignments here with an Expat who had set up an IT product & service company.

Interesting thread OP and worthy of treatment.

[Liquorice]

http://www.siam-legal.com/thailand-visa/Thailand-Marriage-Visa.php Things you need to know about the Thai marriage visa:

• Thailand marriage visa is the popular term for "1-Year Extension of Stay Based on Marriage".
• This type of visa is issued to a foreign national who is married to a Thai and meets the other requirements of the immigration bureau.
• The Thai marriage visa holder is entitled permission to stay for a full year in Thailand without the need to exit the country.
• The visa is renewable every year and the renewal process can be done inside Thailand (requirements for the visa renewal still apply).
• The Thailand Marriage Visa also allows the holder to work in Thailand when the visa holder is able to obtain a valid Thai Work Permit to go along with the visa.

Just like when I was informed you can't change the address on your Driving Licence until renewal, and it's impossible to get your own Tabian Ban, or you can't reclaim tax deducted on interest ............................. well guess what.

I 've never greased any palms, but I do get off my backside and go and ask the people that matter what the requirements are, and what documents of proof do I need to supply. And don't take 'No' as the answer from the receptionist, greeter or office clerk.

[Soutpeel]

Cheaper to get married to a Thai, then you have the right to work and get a Work Permit.

Not true.

Why not?

Because it is simply not true.

How do you want me to clarify something which is not true?

Being married to a Thai does not give you the right to work.

Being married to a Thai does not give you the right to get a work permit.

That is the law.

You are correct 12Drinks.

My research left me with the understanding that marrying a Thai and living in Thailand does give one the right to APPLY for a Work Permit which gives you the right to work legally. The key words are "right to apply".

You still need to jump through the hoops in terms of either setting up a business or being offered permanent employment by a Thai company. In addition one of the interesting things I did find out was that you can get a "short-time" WP (no,no, no not that kind of short-time!) that allows someone to employ you for 3 months at a time (I believe). I'm not sure how often you can be employed by the one company or how expensive it may be but it does exist. I was discussing some possible short term assignments here with an Expat who had set up an IT product & service company.

Interesting thread OP and worthy of treatment.

Well you need to go back a research a little more then, bring married to a Thai has absolutely no impact on a WP and does not give you the right to apply for a WP

The only "benefit" it gives you in terms of working is regards your extension of stay, as it can be on a married basis or working basis that's all

Short term WP,s have always been there nothing new in this but you still need a Thai company

[Soutpeel]

http://www.siam-legal.com/thailand-visa/Thailand-Marriage-Visa.php Things you need to know about the Thai marriage visa:

• Thailand marriage visa is the popular term for "1-Year Extension of Stay Based on Marriage".
• This type of visa is issued to a foreign national who is married to a Thai and meets the other requirements of the immigration bureau.
• The Thai marriage visa holder is entitled permission to stay for a full year in Thailand without the need to exit the country.
• The visa is renewable every year and the renewal process can be done inside Thailand (requirements for the visa renewal still apply).
• The Thailand Marriage Visa also allows the holder to work in Thailand when the visa holder is able to obtain a valid Thai Work Permit to go along with the visa.

Just like when I was informed you can't change the address on your Driving Licence until renewal, and it's impossible to get your own Tabian Ban, or you can't reclaim tax deducted on interest ............................. well guess what.

I 've never greased any palms, but I do get off my backside and go and ask the people that matter what the requirements are, and what documents of proof do I need to supply. And don't take 'No' as the answer from the receptionist, greeter or office clerk.

That bit you have underlined is badly written and incorrect please show me this under the law, there is no reference like this all married does is give you an extra option re the extension of stay

[avander]

Cheaper to get married to a Thai, then you have the right to work and get a Work Permit.

Not true.

Why not?

Because it is simply not true.

How do you want me to clarify something which is not true?

Being married to a Thai does not give you the right to work.

Being married to a Thai does not give you the right to get a work permit.

That is the law.

You are correct 12Drinks.

My research left me with the understanding that marrying a Thai and living in Thailand does give one the right to APPLY for a Work Permit which gives you the right to work legally. The key words are "right to apply".

You still need to jump through the hoops in terms of either setting up a business or being offered permanent employment by a Thai company. In addition one of the interesting things I did find out was that you can get a "short-time" WP (no,no, no not that kind of short-time!) that allows someone to employ you for 3 months at a time (I believe). I'm not sure how often you can be employed by the one company or how expensive it may be but it does exist. I was discussing some possible short term assignments here with an Expat who had set up an IT product & service company.

Interesting thread OP and worthy of treatment.

Well you need to go back a research a little more then, bring married to a Thai has absolutely no impact on a WP and does not give you the right to apply for a WP

The only "benefit" it gives you in terms of working is regards your extension of stay, as it can be on a married basis or working basis that's all

Short term WP,s have always been there nothing new in this but you still need a Thai company

You're absolutely correct Soutpeel and I should clarify my post.

I merely mention it because my extension of stay is based on family reasons (marriage) and as such it provides me the capability of applying for a WP where I could not if it were a Retirement an possibly other type/s of visa. I did go on to say one needs to still jump through all the hoops regarding business setup or sponsoring company. Stating the obvious I suppose.....but so often these things may not be obvious to all.

[Suradit69]

I hope that the well constructed question actually produces some decent answers. It is about time we Aliens managed to collectively get our knowledge together and have all this information in one place. There are, indeed, several areas which should be given a comprehensive treatment.

...

Just an idea.

"I hope that the well constructed question actually produces some decent answers."

So how's that working out for you? As usual when it comes to "we aliens" collectively doing anything on TV it just produces a bunch of conflicting hearsay or out-and-out false information. This thread hasn't even risen to that level. It's just people arguing about nothing of substance.

It says a lot about the farang contemplating opening a business. As someone said above, those who are successfully operating businesses have better things to do with their time than getting into a slanging match with the clueless on TV. Those seriously considering opening a business don't seem off to a propitious start if they think posting a thread on TV is going to generate useful information.

As Faz said, sometimes you need to get off your backside and look for practical information where accuracy (rather than mindless babble) is likely to be found.

Edited January 20, 2015 by Suradit69

[VoovaGroup]

Step 1: Be American

Step 2: See Step 1.

[khunPer]

Agree with posters saying this or similar questions has been asked multiple times – you may find many good answers if your do little research in recent forum threads.

For US nationals there is a special Agreement for owing a Thai company, I am not fully aware of the details, but you can find it here in the forum or using Google.

For other nationals than US, I can probably help you with some facts.

For a Thai company limited:

Minimum 3 shareholders.

You cannot use proxy shareholders (anymore), as each Thai shareholder need to proof access of fund.

Minimum 51% of the shareholder capital has to be held by Thai nationals (however, not sure if that can also be juridical persons, i.e. other Thai Co. Ltd.).

Minimum registered shareholder capital if you need one Work Permit for alien (foreigner) is 2 million baht.

For additional WPs the registered shareholder capital need to be raised with 1 million baht for each additional WP.

Minimum number of Thai employees for one Work Permit for alien is 4, however there may be lower requirements if foreign expertise is needed.

Minimum wage for a Thai worker is 300 baht a day, i.e. around 7,000 baht a month with 5 working days a week. On top comes Social Security of at the moment 10%, that is normally shared with 5% to the employer and 5% deducted from the employees wage; i.e. on 7,000 baht SS is 700 baht with 350 paid by the employer, so cost for a worker is 7,350 baht.

If married to a Thai you can make a limited partnership with your wife, capital requirement for a WP is 1 million baht (I think) and you need only 2 Thai employees, of which your wife can be the one.

You will need a lawyer (can use accountant, but I would prefer a lawyer) to set up the Co. Ltd. Normally the cost is around 40,000 bath including registration fee; but that may vary between different law firms.

An experienced lawyer will be able to give you further details and correct information on how you best open a Thai Co. Ltd.

Your major concern (or problem) will be finding the Thai shareholder(s) going to own 51% of your company. For voting rights preferred shares are recommended by some lawyers – for example a preferred share has 10 votes, and a normal share 1 vote only – but there is no guarantee that an alien using preferred shares to control a Thai Co. Ltd. will be valid if tried at Court.

Aliens working on WP need to be paid a minimum salary, that varies after the alien’s home country and the alien’s qualifications (education); count in average around 50,000 baht a month. Social Security for alien workers is optional, but often recommended (I think maximum fee is 1,500 baht a month).

Often it will be easier to have your accountant (or lawyer) to arrange the WP, as that involves quite a number of documents; however you can find a list if searching the forum.

Normally a company needs to provide a full year annual statement before applying for an alien WP; however there may be exemptions if foreign specialist work is needed.

Expect a Thai Ltd. Co. always shall show a profit for company taxation and your company always shall pay (little) tax – normally your accountant and the auditor will adjust the annual statement to show a profit.

Hope this can help you a bit, but please do contact a lawyer if you are serious – normally the first meeting is free of charge.

You may find this book interesting and answering a lot of your questions:

“How to Establish a Successful Business in Thailand” by Philip Wylie, Paiboon (paiboonpublishing.com), ISBN 1-887521-75-8; you can find the book in for example Bookazine bookstores.

Wish you good luck...

[Soutpeel]

Cheaper to get married to a Thai, then you have the right to work and get a Work Permit.

Not true.

Why not?

Because it is simply not true.

How do you want me to clarify something which is not true?

Being married to a Thai does not give you the right to work.

Being married to a Thai does not give you the right to get a work permit.

That is the law.

You are correct 12Drinks.

My research left me with the understanding that marrying a Thai and living in Thailand does give one the right to APPLY for a Work Permit which gives you the right to work legally. The key words are "right to apply".

You still need to jump through the hoops in terms of either setting up a business or being offered permanent employment by a Thai company. In addition one of the interesting things I did find out was that you can get a "short-time" WP (no,no, no not that kind of short-time!) that allows someone to employ you for 3 months at a time (I believe). I'm not sure how often you can be employed by the one company or how expensive it may be but it does exist. I was discussing some possible short term assignments here with an Expat who had set up an IT product & service company.

Interesting thread OP and worthy of treatment.

Well you need to go back a research a little more then, bring married to a Thai has absolutely no impact on a WP and does not give you the right to apply for a WP

The only "benefit" it gives you in terms of working is regards your extension of stay, as it can be on a married basis or working basis that's all

Short term WP,s have always been there nothing new in this but you still need a Thai company

You're absolutely correct Soutpeel and I should clarify my post.

I merely mention it because my extension of stay is based on family reasons (marriage) and as such it provides me the capability of applying for a WP where I could not if it were a Retirement an possibly other type/s of visa. I did go on to say one needs to still jump through all the hoops regarding business setup or sponsoring company. Stating the obvious I suppose.....but so often these things may not be obvious to all.

You can apply for a WP on any visa or visa waiver or extension, except they will not issue the WP unless your on the visa or extension they want, in fact some DOL,s will not issue a WP on a married visa or extension, they want you on a B visa

Your confusing applying for and being issued a WP, a WP can be applied for without any visa, you can apply on a retirement visa, but you will not be issued one on this visa

Edited January 20, 2015 by Soutpeel

[Soutpeel]

Agree with posters saying this or similar questions has been asked multiple times – you may find many good answers if your do little research in recent forum threads.

For US nationals there is a special Agreement for owing a Thai company, I am not fully aware of the details, but you can find it here in the forum or using Google.

For other nationals than US, I can probably help you with some facts.

For a Thai company limited:

Minimum 3 shareholders.

You cannot use proxy shareholders (anymore), as each Thai shareholder need to proof access of fund.

Minimum 51% of the shareholder capital has to be held by Thai nationals (however, not sure if that can also be juridical persons, i.e. other Thai Co. Ltd.).

Minimum registered shareholder capital if you need one Work Permit for alien (foreigner) is 2 million baht.

For additional WPs the registered shareholder capital need to be raised with 1 million baht for each additional WP.

Minimum number of Thai employees for one Work Permit for alien is 4, however there may be lower requirements if foreign expertise is needed.

Minimum wage for a Thai worker is 300 baht a day, i.e. around 7,000 baht a month with 5 working days a week. On top comes Social Security of at the moment 10%, that is normally shared with 5% to the employer and 5% deducted from the employees wage; i.e. on 7,000 baht SS is 700 baht with 350 paid by the employer, so cost for a worker is 7,350 baht.

If married to a Thai you can make a limited partnership with your wife, capital requirement for a WP is 1 million baht (I think) and you need only 2 Thai employees, of which your wife can be the one.

You will need a lawyer (can use accountant, but I would prefer a lawyer) to set up the Co. Ltd. Normally the cost is around 40,000 bath including registration fee; but that may vary between different law firms.

An experienced lawyer will be able to give you further details and correct information on how you best open a Thai Co. Ltd.

Your major concern (or problem) will be finding the Thai shareholder(s) going to own 51% of your company. For voting rights preferred shares are recommended by some lawyers – for example a preferred share has 10 votes, and a normal share 1 vote only – but there is no guarantee that an alien using preferred shares to control a Thai Co. Ltd. will be valid if tried at Court.

Aliens working on WP need to be paid a minimum salary, that varies after the alien’s home country and the alien’s qualifications (education); count in average around 50,000 baht a month. Social Security for alien workers is optional, but often recommended (I think maximum fee is 1,500 baht a month).

Often it will be easier to have your accountant (or lawyer) to arrange the WP, as that involves quite a number of documents; however you can find a list if searching the forum.

Normally a company needs to provide a full year annual statement before applying for an alien WP; however there may be exemptions if foreign specialist work is needed.

Expect a Thai Ltd. Co. always shall show a profit for company taxation and your company always shall pay (little) tax – normally your accountant and the auditor will adjust the annual statement to show a profit.

Hope this can help you a bit, but please do contact a lawyer if you are serious – normally the first meeting is free of charge.

You may find this book interesting and answering a lot of your questions:

“How to Establish a Successful Business in Thailand” by Philip Wylie, Paiboon (paiboonpublishing.com), ISBN 1-887521-75-8; you can find the book in for example Bookazine bookstores.

Wish you good luck...

A work permit doesn't need a thb 50 000 month salary that's for the extension of stay not the work permit

Aliens do not, and let me say it again, do not need a minimum salary of thb 50k/m for the WP this is factually incorrect

Edited January 20, 2015 by Soutpeel

[khunPer]

Agree with posters saying this or similar questions has been asked multiple times – you may find many good answers if your do little research in recent forum threads.

For US nationals there is a special Agreement for owing a Thai company, I am not fully aware of the details, but you can find it here in the forum or using Google.

For other nationals than US, I can probably help you with some facts.

For a Thai company limited:

Minimum 3 shareholders.

You cannot use proxy shareholders (anymore), as each Thai shareholder need to proof access of fund.

Minimum 51% of the shareholder capital has to be held by Thai nationals (however, not sure if that can also be juridical persons, i.e. other Thai Co. Ltd.).

Minimum registered shareholder capital if you need one Work Permit for alien (foreigner) is 2 million baht.

For additional WPs the registered shareholder capital need to be raised with 1 million baht for each additional WP.

Minimum number of Thai employees for one Work Permit for alien is 4, however there may be lower requirements if foreign expertise is needed.

Minimum wage for a Thai worker is 300 baht a day, i.e. around 7,000 baht a month with 5 working days a week. On top comes Social Security of at the moment 10%, that is normally shared with 5% to the employer and 5% deducted from the employees wage; i.e. on 7,000 baht SS is 700 baht with 350 paid by the employer, so cost for a worker is 7,350 baht.

If married to a Thai you can make a limited partnership with your wife, capital requirement for a WP is 1 million baht (I think) and you need only 2 Thai employees, of which your wife can be the one.

You will need a lawyer (can use accountant, but I would prefer a lawyer) to set up the Co. Ltd. Normally the cost is around 40,000 bath including registration fee; but that may vary between different law firms.

An experienced lawyer will be able to give you further details and correct information on how you best open a Thai Co. Ltd.

Your major concern (or problem) will be finding the Thai shareholder(s) going to own 51% of your company. For voting rights preferred shares are recommended by some lawyers – for example a preferred share has 10 votes, and a normal share 1 vote only – but there is no guarantee that an alien using preferred shares to control a Thai Co. Ltd. will be valid if tried at Court.

Aliens working on WP need to be paid a minimum salary, that varies after the alien’s home country and the alien’s qualifications (education); count in average around 50,000 baht a month. Social Security for alien workers is optional, but often recommended (I think maximum fee is 1,500 baht a month).

Often it will be easier to have your accountant (or lawyer) to arrange the WP, as that involves quite a number of documents; however you can find a list if searching the forum.

Normally a company needs to provide a full year annual statement before applying for an alien WP; however there may be exemptions if foreign specialist work is needed.

Expect a Thai Ltd. Co. always shall show a profit for company taxation and your company always shall pay (little) tax – normally your accountant and the auditor will adjust the annual statement to show a profit.

Hope this can help you a bit, but please do contact a lawyer if you are serious – normally the first meeting is free of charge.

You may find this book interesting and answering a lot of your questions:

“How to Establish a Successful Business in Thailand” by Philip Wylie, Paiboon (paiboonpublishing.com), ISBN 1-887521-75-8; you can find the book in for example Bookazine bookstores.

Wish you good luck...

A work permit doesn't need a thb 50 000 month salary that's for the extension of stay not the work permit

Aliens do not, and let me say it again, do not need a minimum salary of thb 50k/m for the WP this is factually incorrect

Thanks for correcting me, Soutpeel, but I'm afraid you are not correct - I've always been told about foreigners minimum salary when emplyed on a WP - just checked to be sure, please see:

http://www.doingbusinessthailand.com/blog-thailand/doing-business-in-thailand/thailand-visa-and-work-permit/thailand-work-permit/work-permit-minimum-wages-applicable-to-foreign-workers.html

and

http://www.thailandredcat.com/the-minimum-wages-for-foreigners-working-in-thailand/

...both sources states »50,000 Baht/month: Western European Countries, Australia, Canada, Japan, and USA«.

[OmegaRacer]

Cheaper to get married to a Thai, then you have the right to work and get a Work Permit.

Not true.

<...>

Short term WP,s have always been there nothing new in this but you still need a Thai company

You're absolutely correct Soutpeel and I should clarify my post.

I merely mention it because my extension of stay is based on family reasons (marriage) and as such it provides me the capability of applying for a WP where I could not if it were a Retirement an possibly other type/s of visa. I did go on to say one needs to still jump through all the hoops regarding business setup or sponsoring company. Stating the obvious I suppose.....but so often these things may not be obvious to all.

You can apply for a WP on any visa or visa waiver or extension, except they will not issue the WP unless your on the visa or extension they want, in fact some DOL,s will not issue a WP on a married visa or extension, they want you on a B visa

Your confusing applying for and being issued a WP, a WP can be applied for without any visa, you can apply on a retirement visa, but you will not be issued one on this visa

They can issue a WP on a 'marriage extension', as long as it's connected to a Non B visa.

[Soutpeel]

Agree with posters saying this or similar questions has been asked multiple times – you may find many good answers if your do little research in recent forum threads.

For US nationals there is a special Agreement for owing a Thai company, I am not fully aware of the details, but you can find it here in the forum or using Google.

For other nationals than US, I can probably help you with some facts.

For a Thai company limited:

Minimum 3 shareholders.

You cannot use proxy shareholders (anymore), as each Thai shareholder need to proof access of fund.

Minimum 51% of the shareholder capital has to be held by Thai nationals (however, not sure if that can also be juridical persons, i.e. other Thai Co. Ltd.).

Minimum registered shareholder capital if you need one Work Permit for alien (foreigner) is 2 million baht.

For additional WPs the registered shareholder capital need to be raised with 1 million baht for each additional WP.

Minimum number of Thai employees for one Work Permit for alien is 4, however there may be lower requirements if foreign expertise is needed.

Minimum wage for a Thai worker is 300 baht a day, i.e. around 7,000 baht a month with 5 working days a week. On top comes Social Security of at the moment 10%, that is normally shared with 5% to the employer and 5% deducted from the employees wage; i.e. on 7,000 baht SS is 700 baht with 350 paid by the employer, so cost for a worker is 7,350 baht.

If married to a Thai you can make a limited partnership with your wife, capital requirement for a WP is 1 million baht (I think) and you need only 2 Thai employees, of which your wife can be the one.

You will need a lawyer (can use accountant, but I would prefer a lawyer) to set up the Co. Ltd. Normally the cost is around 40,000 bath including registration fee; but that may vary between different law firms.

An experienced lawyer will be able to give you further details and correct information on how you best open a Thai Co. Ltd.

Your major concern (or problem) will be finding the Thai shareholder(s) going to own 51% of your company. For voting rights preferred shares are recommended by some lawyers – for example a preferred share has 10 votes, and a normal share 1 vote only – but there is no guarantee that an alien using preferred shares to control a Thai Co. Ltd. will be valid if tried at Court.

Aliens working on WP need to be paid a minimum salary, that varies after the alien’s home country and the alien’s qualifications (education); count in average around 50,000 baht a month. Social Security for alien workers is optional, but often recommended (I think maximum fee is 1,500 baht a month).

Often it will be easier to have your accountant (or lawyer) to arrange the WP, as that involves quite a number of documents; however you can find a list if searching the forum.

Normally a company needs to provide a full year annual statement before applying for an alien WP; however there may be exemptions if foreign specialist work is needed.

Expect a Thai Ltd. Co. always shall show a profit for company taxation and your company always shall pay (little) tax – normally your accountant and the auditor will adjust the annual statement to show a profit.

Hope this can help you a bit, but please do contact a lawyer if you are serious – normally the first meeting is free of charge.

You may find this book interesting and answering a lot of your questions:

“How to Establish a Successful Business in Thailand” by Philip Wylie, Paiboon (paiboonpublishing.com), ISBN 1-887521-75-8; you can find the book in for example Bookazine bookstores.

Wish you good luck...

A work permit doesn't need a thb 50 000 month salary that's for the extension of stay not the work permit

Aliens do not, and let me say it again, do not need a minimum salary of thb 50k/m for the WP this is factually incorrect

Thanks for correcting me, Soutpeel, but I'm afraid you are not correct - I've always been told about foreigners minimum salary when emplyed on a WP - just checked to be sure, please see:

http://www.doingbusinessthailand.com/blog-thailand/doing-business-in-thailand/thailand-visa-and-work-permit/thailand-work-permit/work-permit-minimum-wages-applicable-to-foreign-workers.html

and

http://www.thailandredcat.com/the-minimum-wages-for-foreigners-working-in-thailand/

...both sources states »50,000 Baht/month: Western European Countries, Australia, Canada, Japan, and USA«.

Simple response, how does a volunteer get a WP then if there are legally mandated minimum salaries to obtain a WP ? They don't get paid

Once again let me state as fact the minimum salary relates to obtaining the extension of stay from immigration, not the WP which comes from the DOL

If you don't believe me, ask this question on the " visa forum"

[Soutpeel]

Cheaper to get married to a Thai, then you have the right to work and get a Work Permit.

Not true.

<...>

Short term WP,s have always been there nothing new in this but you still need a Thai company

You're absolutely correct Soutpeel and I should clarify my post.

I merely mention it because my extension of stay is based on family reasons (marriage) and as such it provides me the capability of applying for a WP where I could not if it were a Retirement an possibly other type/s of visa. I did go on to say one needs to still jump through all the hoops regarding business setup or sponsoring company. Stating the obvious I suppose.....but so often these things may not be obvious to all.

You can apply for a WP on any visa or visa waiver or extension, except they will not issue the WP unless your on the visa or extension they want, in fact some DOL,s will not issue a WP on a married visa or extension, they want you on a B visa

Your confusing applying for and being issued a WP, a WP can be applied for without any visa, you can apply on a retirement visa, but you will not be issued one on this visa

They can issue a WP on a 'marriage extension', as long as it's connected to a Non B visa.

So pray tell how does one connect a marriage extension to a B visa ? It can be issued on either a marriage extension or a b they are not connected in any shape or form, so your incorrect

Edited January 20, 2015 by Soutpeel