Work Permit Question For Sunbelt

[David James]

It was with interest with that I read your recent submission to stickman about work permits for a nanny and was wondering about further extension/applications of these rules.

In the article I believe you imply that the employer can be a foreigner with a work permit or a

Thai national who pays Bt50,000 a year or more in income tax can employ a foreigner in a non prohibited profession.

My first two questions are if a foreigner pays more than Bt50,000 in income tax a year but does not have a work permit are there provisions for him to be able to i) employ somebody and/or ii) qualify for a work permit himself perhaps as a "sole trader" in a non prohibited profession.

Mv next questions are if one's spouse/child was a thai national who paid more than Bt50,000 in income tax could the spouse/child employ the foreign spouse/father in a non prohibited profession.

Thanks in advance,

David

[Sunbelt Asia]

In the article I believe you imply that the employer can be a foreigner with a work permit or a

Thai national who pays Bt50,000 a year or more in income tax can employ a foreigner in a non prohibited profession.

This is correct

My first two questions are if a foreigner pays more than Bt50,000 in income tax a year but does not have a work permit are there provisions for him to be able to i) employ somebody and/or ii) qualify for a work permit himself perhaps as a "sole trader" in a non prohibited profession.

Without a work permit, no. You need to form a company and get a work permit.

Mv next questions are if one's spouse/child was a thai national who paid more than Bt50,000 in income tax could the spouse/child employ the foreign spouse/father in a non prohibited profession.

Yes the foreigner could be employed. In fact if you are married, its only 25,000 Baht tax required in the past tax year by the employer.

Two other ways, this could happen as well.

If the natural person has a operating income of 700,000 Baht per year. They can sponsor three foreigners per 700,000 Baht. Only 350,000 if the foreign applicant is married to a Thai.

Example: A Thai person has a pizza shop that has gross revenue of 500,000 Baht per year. This pizza shop is a sole proprietorship and lost money last year. They want to hire a foreigner to make better pizzas and bring in a crowd. The Italian Chef is married to a Thai wife and can get a work permit based on gross income was higher than 350,000 Baht. This gross income had to be filed on the Personal Income Tax return (Form PIT 90 or 91) at the Area Revenue Branch Office within the last day of March following the taxable year.

The other way is if the natural person employs 4 Thais. If the foreign applicant is married to a Thai, it's only 2 Thai employees needed.

Example: The same Thai person has a brand new pizza shop with no revenue. Its a sole proprietorship. They want to hire a foreigner to make better pizzas and bring in a crowd. The Italian Chef is married to a Thai wife and can get a work permit, if the Sole Proprietorship will have two Thai employees.

www.sunbeltasiagroup.com

[David James]

Thanks for your prompt reply and excellent explanations.