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Posted

I would like to add that prices can greatly vary.

I've contacted a Thai lawyer who asked about 45-50k for the set up, while another foreigner 'friendly' law office quoted me more than double that.

It's definitely best to shop around and ask a million questions before committing.

Posted

I've just applied for the change of my Non B <work> to Non B <marriage> last week at my local immigration office.

Of course it still can be denied after the 1 month consideration time, but they said there shouldn't be any problem.

So, Non B with marriage extension is possible and if I want or need a WP in the future I will be able to get one and I won't have to change my reason for extension.

Posted
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.
...
On top comes Social Security of at the moment 10%

Let's take your social security number.

One thread says 7%, you say 10% and I received a PM today that said 9%. Either nobody knows or everybody knows and is paying differently.

Granted, some things are common knowledge, paid up capital, number of Thai employees. But when it comes to some details. There's alot of disinformation.

Posted

I've just applied for the change of my Non B <work> to Non B <marriage> last week at my local immigration office.

Of course it still can be denied after the 1 month consideration time, but they said there shouldn't be any problem.

So, Non B with marriage extension is possible and if I want or need a WP in the future I will be able to get one and I won't have to change my reason for extension.

Your changing your permission to stay not your visa nothing to do with your WP

  • Like 1
Posted

Soutpeel is correct, there is no minum salary required to get a work permit.

For the doubters let me throw you a curve ball.

How do you think so many teachers are working legally, without any Degrees, and yet only receive 30 -35K salary?

It's because their married to a Thai and have been issued a WP.

Posted
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.
...
On top comes Social Security of at the moment 10%

Let's take your social security number.

One thread says 7%, you say 10% and I received a PM today that said 9%. Either nobody knows or everybody knows and is paying differently.

Granted, some things are common knowledge, paid up capital, number of Thai employees. But when it comes to some details. There's alot of disinformation.

Percentage change every year, so all quotes may be correct, but not for the same year. Last year it was 10% and my accountant has informed me, that this year also will be 10%....

  • Like 1
Posted

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...smile.png

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"

Minimum salary is depending of how you are employed and what you are doing. For volunteer work there is no salary, and no minimum. Schoolteachers have lower limits (I’m not familiar with how that works).
But if posters here states different from lawyers, OP can try to get a WP in a commercial Thai company limited without minimum salary – but OP may be disappointed when realizing there will be a minimum salary for him (unless he is opening a school and employed as teacher). That’s why I recommend OP to count the 50,000 baht (re. earlier posted actual links) and be further advised by a lawyer. smile.png
Posted
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...smile.png

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"

Minimum salary is depending of how you are employed and what you are doing. For volunteer work there is no salary, and no minimum. Schoolteachers have lower limits (I’m not familiar with how that works).

But if posters here states different from lawyers, OP can try to get a WP in a commercial Thai company limited without minimum salary – but OP may be disappointed when realizing there will be a minimum salary for him (unless he is opening a school and employed as teacher). That’s why I recommend OP to count the 50,000 baht (re. earlier posted actual links) and be further advised by a lawyer. smile.png

Go back and read what what you wrote "Aliens employed need to be paid a minimum salary that varies...."

Now your stating it depends on how your employed, you can't have it both ways

The fact is as stated the minimum salary stated relates to the extension of stay and is imposed by immigration not the DOL who issues then WP

Again if you don't believe this post the question in 'visa's"

Posted
Reply to post #39 (won’t quote again, as quote-tags are broken and the post will get extremely long).


Soutpeel, I don’t want to argue with you – you may be very right, so I rather stand corrected wai.gif – I just wanted to help OP with some information, as it looked like nobody else did; and for that I told what I know (hereunder salary for a WP), what to count with, and most important that OP seeks professional advise. I do own a Thai Co. Ltd. (or rather 49% of the shares), so I do have little experience from being through the process.


To OP:

Here are a lawfirm’s information about forming a company and required salary (and exemptions) for obtaining WP:

(Not sure we posters are allowed to link)

About starting a business / Foreign business law in Thailand:

see: www.samuiforsale.com/knowledge/thai-business-law.html

And bout WP:

Thai Employment and Work Permit application:

www.samuiforsale.com/knowledge/foreign-work-permit-application-thailand.html


Please note what’s written about WP application:

»A foreign employee must have paid personal income tax of at least 18,000 Baht in the previous personal tax year or if the foreign employee has not worked in Thailand previously, documents for potential employers confirming that, the foreign employee will obtain income in Thailand of at least 50,000 Baht per month for an employee who is single and 60,000 per month for a married person, must be presented.

The Labour Department may also issue or renew work permits regardless of the above criteria when the foreign individual falls into one of the following categories:...«


However some of the information about company requirements and WP are little different at the various lawyer’s homepages – some sites states (re. previous links) for examples about WP that if your are not from Western European Countries, Australia, Canada, Japan, and USA, then the “Minimum Income Declared” is lower – so please do check yourself.


Other potential sources for lawyer information are for example the advertiser on TVF, Siam-Legal:

www.siam-legal.com

or another often mentioned law firm, Sunbelt Legal Advisors:

www.sunbeltlegaladvisors.com

smile.png

Posted

Reply to post #39 (won’t quote again, as quote-tags are broken and the post will get extremely long).

Soutpeel, I don’t want to argue with you – you may be very right, so I rather stand corrected wai.gif – I just wanted to help OP with some information, as it looked like nobody else did; and for that I told what I know (hereunder salary for a WP), what to count with, and most important that OP seeks professional advise. I do own a Thai Co. Ltd. (or rather 49% of the shares), so I do have little experience from being through the process.

To OP:

Here are a lawfirm’s information about forming a company and required salary (and exemptions) for obtaining WP:

(Not sure we posters are allowed to link)

About starting a business / Foreign business law in Thailand:

see: www.samuiforsale.com/knowledge/thai-business-law.html

And bout WP:

Thai Employment and Work Permit application:

www.samuiforsale.com/knowledge/foreign-work-permit-application-thailand.html

Please note what’s written about WP application:

»A foreign employee must have paid personal income tax of at least 18,000 Baht in the previous personal tax year or if the foreign employee has not worked in Thailand previously, documents for potential employers confirming that, the foreign employee will obtain income in Thailand of at least 50,000 Baht per month for an employee who is single and 60,000 per month for a married person, must be presented.

The Labour Department may also issue or renew work permits regardless of the above criteria when the foreign individual falls into one of the following categories:...«

However some of the information about company requirements and WP are little different at the various lawyer’s homepages – some sites states (re. previous links) for examples about WP that if your are not from Western European Countries, Australia, Canada, Japan, and USA, then the “Minimum Income Declared” is lower – so please do check yourself.

Other potential sources for lawyer information are for example the advertiser on TVF, Siam-Legal:

www.siam-legal.com

or another often mentioned law firm, Sunbelt Legal Advisors:

www.sunbeltlegaladvisors.com

smile.png

Again don't know where your getting this'd stuff, there IS no thb 50k criteria for being single or 60k for being married to obtain a W P who ever wrote this is making it up no where in the real rules does it differentiate between married and single when it comes to the WP

the difference comes in the reason for the extension of stay as one could possibly obtain a WP based on a marriage extension

And different criteria apply which are less than 50k

I know your trying to help but there are posts bring made which are linked to information which is blatantly wrong

Posted (edited)
khunPer, on 21 Jan 2015 - 00:05, said:khunPer, on 21 Jan 2015 - 00:05, said:khunPer, on 21 Jan 2015 - 00:05, said:
Soutpeel, I don’t want to argue with you – you may be very right, so I rather stand corrected wai.gif – I just wanted to help OP with some information, as it looked like nobody else did; and for that I told what I know (hereunder salary for a WP), what to count with, and most important that OP seeks professional advise. I do own a Thai Co. Ltd. (or rather 49% of the shares), so I do have little experience from being through the process.
Please note what’s written about WP application:
»A foreign employee must have paid personal income tax of at least 18,000 Baht in the previous personal tax year or if the foreign employee has not worked in Thailand previously, documents for potential employers confirming that, the foreign employee will obtain income in Thailand of at least 50,000 Baht per month for an employee who is single and 60,000 per month for a married person, must be presented.
The Labour Department may also issue or renew work permits regardless of the above criteria when the foreign individual falls into one of the following categories:...«

khunPer, You failed to copy the categories exempt from being in receipt of 50,000 baht a month salary and that makes a lot of difference.

http://www.samuiforsale.com/knowledge/foreign-work-permit-application-thailand.html

Thai Employment and Work Permit application

To apply for a work permit the applicant must be in the possession of a valid "Non-Immigrant" visa at the time they process the work permit application, however you can start the work permit application for the purpose of obtaining a Non-Immigrant B visa (i.e. some embassies require a valid work permit or a work permit application form WP 2 as one of the conditions for issuing a Non-Immigrant B visa).

There are a number of grounds upon which a work permit can be granted (this is on a discretionary basis and will take into account usual considerations such as suitability and qualifications of the foreigner for the position):

  • The company must have a fully paid-up registered capital of 2 million Baht to hire one foreigner, plus one person for every additional 2 million Baht (to a maximum of 10 people).
  • If the registered capital of the company is less than 2 million the company can hire one foreigner if its total corporate income tax payment had been at least 5 million Baht for the past three years. The company can hire one foreigner for every 5 million Baht paid in tax.
  • The employer has engaged in export which has brought into Thailand revenue of 3 million Baht in the previous fiscal year. The employer can hire one foreigner for every additional 3 million Baht up to a maximum of 3 people.
  • The employer has at least 50 Thai employees per foreign employee up to a maximum of 5 foreign employees.
  • A foreign employee must have paid personal income tax of at least 18,000 Baht in the previous personal tax year or if the foreign employee has not worked in Thailand previously, documents for potential employers confirming that, the foreign employee will obtain income in Thailand of at least 50,000 Baht per month for an employee who is single and 60,000 per month for a married person, must be presented.

The Labour Department may also issue or renew work permits regardless of the above criteria when the foreign individual falls into one of the following categories:

-employed as an international trade representative inspecting product quality, purchases or conducting market surveys

-employed as an investment or management technology adviser or internal auditor

-a tour representative bringing foreign tourists into Thailand

-employed in an international financial institute endorsed by the Bank of Thailand

-employed a non-profit organization on a temporary basis

-employed as a contractor on projects for state agencies or public enterprises

-employed in a business that mainly required the use of local raw materials

-employed in the Thai export sector

-employed in a business introducing and transferring technologies to Thailand

Thai Employment and Work Permit application

This category would include foreign teachers.

-employed in a sector where qualified Thai employees cannot be found

This category would include foreigners married to a Thai national who would be on an extension of stay based on marriage

-married the cohabiting with a Thai national and has an honest employment

Edited by Faz
Posted
advancebooking, on 21 Jan 2015 - 09:02, said:
Faz, on 20 Jan 2015 - 09:42, said:

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

what a daft comment....

What's daft about it..................or do you always live in denial.

Posted

advancebooking, on 21 Jan 2015 - 09:02, said:

Faz, on 20 Jan 2015 - 09:42, said:

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

what a daft comment....

What's daft about it..................or do you always live in denial.

Don't kmow about daft, but I do know its completely wrong

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