bobobo Posted January 9, 2016 Share Posted January 9, 2016 Hallo and good evening, Spoke to a an elderly gentleman in my condo at the pool Yesterday. He rents a condo on a Yearly basis from a falang in Germany. He went for his yearly report a couple of days ago.He has non-o visa. Everything in order : Bankstatements etc..but the immigration said it's not possible for a falang to rent a condo to another falang without a workpermit ... For the retirement visa I heard that they need a contract of course and a photocopy of the owner. But I didn't know that the owner need a workpermit.. He's in a little bit of distress and I promised I ask You BM:s. Can You give some advice ? Link to comment Share on other sites More sharing options...
Maestro Posted January 9, 2016 Share Posted January 9, 2016 Moving this to the visa forum. Link to comment Share on other sites More sharing options...
Maestro Posted January 9, 2016 Share Posted January 9, 2016 Removed an unhelpful post and the reply to it. Link to comment Share on other sites More sharing options...
sunnyjim5 Posted January 9, 2016 Share Posted January 9, 2016 He needs a copy of the lease, the owners passport, tabian ban and chanute. Link to comment Share on other sites More sharing options...
Maestro Posted January 9, 2016 Share Posted January 9, 2016 The condo owner does not need a work permit. When you say that tenant to whom you spoke "went for his yearly report a couple of days ago", do you mean he made a new application for a one-year extension of stay? Was his application rejected? Link to comment Share on other sites More sharing options...
Maestro Posted January 9, 2016 Share Posted January 9, 2016 He needs a copy of the lease, the owners passport, tabian ban and chanute. He needs what the immigration office requests. (Never heard of a copy of "chanute" being requested for a retirement extension) Link to comment Share on other sites More sharing options...
Maestro Posted January 9, 2016 Share Posted January 9, 2016 bobobo, what immigration office was this? Link to comment Share on other sites More sharing options...
sunnyjim5 Posted January 9, 2016 Share Posted January 9, 2016 He needs a copy of the lease, the owners passport, tabian ban and chanute. He needs what the immigration office requests. (Never heard of a copy of "chanute" being requested for a retirement extension) He needs a copy of the lease, the owners passport, tabian ban and chanute. He needs what the immigration office requests. (Never heard of a copy of "chanute" being requested for a retirement extension) A foreign owner is not named in a Tabian Ban. The Chanute provides proof of ownership. Link to comment Share on other sites More sharing options...
BritTim Posted January 9, 2016 Share Posted January 9, 2016 This seems quite odd. Possession of work permits is no business of immigration. I wonder if the official was fishing for a way to extort a donation. Was any money requested? I am also curious as to which office was involved. Link to comment Share on other sites More sharing options...
thedemon Posted January 10, 2016 Share Posted January 10, 2016 Someone needs to explain to that Immigration Officer that a person in Germany is not subject to any Thai laws, labour or otherwise. Link to comment Share on other sites More sharing options...
thaitero Posted January 10, 2016 Share Posted January 10, 2016 I am quessing that owner has not done his TM30 report for his tenant and that is the problem. 2 Link to comment Share on other sites More sharing options...
true blue Posted January 10, 2016 Share Posted January 10, 2016 there was a piece on this,about 3/4 years ago on tv in chiang mai forum,immigration went to a general meeting at riverside condo,and warned the residents that if they were renting out condos with out proper visas,they would be deported,i think the proper procedure was the management of condo could do,not the residents. 1 Link to comment Share on other sites More sharing options...
FritsSikkink Posted January 10, 2016 Share Posted January 10, 2016 Someone needs to explain to that Immigration Officer that a person in Germany is not subject to any Thai laws, labour or otherwise.he is if he has property in Thailand 1 Link to comment Share on other sites More sharing options...
bobobo Posted January 10, 2016 Author Share Posted January 10, 2016 bobobo, what immigration office was this? Chunburi Link to comment Share on other sites More sharing options...
Smokin Joe Posted January 10, 2016 Share Posted January 10, 2016 I saw a similar situation this happen at Jomtien immigration last year. In this case it wasn't that they asked for a work permit from the farang owner but proof of the rental business he was engaging in to show that taxes on the income were being paid. In the end it was all about just paying additional "fees" to ignore it. I think it's much better for a foreign owner to have a Thai act as the middle man in these cases to do the rental contract with the tenant. Link to comment Share on other sites More sharing options...
Maestro Posted January 10, 2016 Share Posted January 10, 2016 bobobo, what immigration office was this? Chunburi Thank you. The remaining question now is: did the Chonburi immigration office refuse to give this man his retirement extension? In other words, is there a problem with which he needs help? Link to comment Share on other sites More sharing options...
bobobo Posted January 10, 2016 Author Share Posted January 10, 2016 bobobo, what immigration office was this? Chonburi.. Link to comment Share on other sites More sharing options...
blackcab Posted January 10, 2016 Share Posted January 10, 2016 The owner does not need a work permit if the contract was signed outside of Thailand. Sounds like an attempt to extort some money. Just try again. Link to comment Share on other sites More sharing options...
true blue Posted January 10, 2016 Share Posted January 10, 2016 OP, no one has heard of this work permit thing when renting a condo, so I was wondering, is there a chance that you made it all up?if you own multiple condos and rent them out,your conducting a business in the eyes of immigration. Link to comment Share on other sites More sharing options...
Maestro Posted January 10, 2016 Share Posted January 10, 2016 Not as far as I know. Has this been your own experience with immigration or where have you read about it? Link to comment Share on other sites More sharing options...
true blue Posted January 11, 2016 Share Posted January 11, 2016 Not as far as I know. Has this been your own experience with immigration or where have you read about it?there was a discussion about it on tv,about 3year ago.dont no if you can find it in archives,my previous post mentions it.common sense if you think about,buy to rent no tax?? Link to comment Share on other sites More sharing options...
Maestro Posted January 11, 2016 Share Posted January 11, 2016 I thought the question and your answer was about work permit, not tax. Re-reading it, I see that whitemouse's question was about work permit and your answer was about business and thus off topic. Anybody with a tax question related to renting out a condo is kindly invited to post in the business forum. Link to comment Share on other sites More sharing options...
Maestro Posted January 12, 2016 Share Posted January 12, 2016 Removed off-topic posts. Link to comment Share on other sites More sharing options...
vukovar77 Posted January 12, 2016 Share Posted January 12, 2016 Everybody who rent condos for money are subject to pay proper tax in Thailand! If he is renting more condos ,I think it can be considered as business,so he probably need work permit or company! Link to comment Share on other sites More sharing options...
toho Posted January 12, 2016 Share Posted January 12, 2016 Like always a lot of different answers, which makes the situation even more complicated and risky. Before we had a section; "Ask the lawyer". I do not see this any more. Did I miss something? It has stopped? If so, another lawyer could step in and get some free publicity; I think that more people will highly appreciate professional answers on legal topics. Link to comment Share on other sites More sharing options...
Bung Posted January 12, 2016 Share Posted January 12, 2016 The way I see it is if you are a foreigner and renting out a condo you are earning money in Thailand so that means an income, a business, tax owed and a work permit. How can you earn money in Thailand and not be liable? Thousands are getting away with it though. 1 Link to comment Share on other sites More sharing options...
Maestro Posted January 12, 2016 Share Posted January 12, 2016 At this point we do not know what documents the person referred to was asked to submit by the Chonburi immigration office for the application for a retirement extension. We do not know whether anything unusual was required. We do not know whether the application was refused. We do not know whether an immigration officer really made the alleged comment that a foreigner renting out his condo needs a work permit or whether this was a misunderstanding by the OP or the person to whom we talked. Therefore, this topic is now closed. Link to comment Share on other sites More sharing options...
Maestro Posted January 12, 2016 Share Posted January 12, 2016 As the topic made it into the newsletter, it has been reopened. Link to comment Share on other sites More sharing options...
Roger Lee Posted February 10, 2016 Share Posted February 10, 2016 (edited) I am quessing that owner has not done his TM30 report for his tenant and that is the problem. er I have faithfully reported my address as a renter (TM30) and I was told the same thing today at immigration. Lady saying "The foreigner owner needs a work permit so the proof of residence is invalid." Edited February 10, 2016 by Roger Lee Link to comment Share on other sites More sharing options...
chiang mai Posted February 10, 2016 Share Posted February 10, 2016 Several years ago I was asked by Immigration in Chiang Mai to supply a copy of my lease along with a copy of the condo owners Thai ID card. It therefore makes sense to me at least Immigration might go down the same road with a foreign owner and the work permit and/or taxes paid on the rental aspect. Link to comment Share on other sites More sharing options...
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