Hello everyone. Appreciate your help as I have searched online and in this forum for DAYS and can't seem to find the answers that apply to my situation.

I hold a work permit and Non-immigrant B employment visa from a hotel I own in Thailand. I previously stayed at the hotel whenever I came to Thailand (many times each year but never more than 60 days.)

I recently bought a house, and the accountant for my hotel said it was best to not put it in the hotel company name (in case I ever wanted to sell the hotel), and to start a new company to put the house under.

I therefore had him help me form a new company that lists 2 of my trusted Thai employees as the majority shareholders and lists an overseas (foreign) company that I own as the minority 49% shareholder. All required bank funds were properly shown, and both the company formation and land transfer were approved with no problem by the relevant government agencies.

So this means now I have my new Thai company with 51% Thai shareholders, 49% foreign shareholder, owning my home.

Previously, I always listed my address on the departure card as my hotel address, and was reported on the hotel's TM30 online reports.

Now that I am living in this house whenever I come to Thailand, do I have to file TM30 or TM47 or other forms for myself if I never stay over 60 days and do not hold any residency permit? (Just my work permit and Non-immigrant B employment Visa). If I have to file anything, since the house is in my new company's name, do I sign and file on behalf of the company as its director?

Should I instead continue to list the hotel's name and address instead on my TM6 arrival/departure card if that prevents any reporting requirement, as I am there daily?

Another complication is I have a brother who comes with me every time I go to Thailand and stays with me. He just gets a Visa Exempt 30 day tourist entry and then if needed, applies for the 30 day extension. He does not perform actual work so the Tourist entry is appropriate even though he comes 6 or more times a year with me. Previously, like me, he stayed at my hotel so was reported by the hotel for TM30 purposes.

Now that he lives with me in the house when he comes, do I have to report him even though he is staying essentially as a short-term guest (under 60 days)? He does have his own room plus a lot of clothes and other personal possessions in the house since we basically have made it our primary home whenever we are in Thailand. Again, since the house is owned by my new Thai company, do I sign on behalf of the company as its director? Like me, he could continue to list the hotel's name and address instead for TM6 purposes if that avoids any problems.

Do either of us have to file a TM47 as well as the TM30 (if needed)?

Thank you so much for any advice as this is quite confusing to me.

Edited March 19, 201610 yr by RayBB

Oops, or is that a TM28, not TM47 that I might need to also report?

It will partly depend upon whether you have a multiple entry non-b visa from an embassy or consulate or an extension of stay from immigration.

Unless you have an extension or have a need for to go to immigration you probably do not need to do anything.

TM30 reporting of an alien residing at a residence by the house master.

TM 28 reporting change of address.

TM47 90 day reporting.

As you state you never remain more than 60 days, you probably never visit your local Immigration office.

By the letter of the law, if you now have a new residence you should report this change using a TM28 for yourself only.

Each time you and your brother visit you should also complete a TM30 for yourself and your brother.

You should enter the new address on your TM6 arrival cards.

However to keep it simple, continue using your hotel address and just use the TM30 online report for both you and your brother.

It may not be long before the Immigration begin to question the 6 Visa exempt entries your brother is making, especially if they connect the fact you have a business. They may start to suspect him of working with you.

I'd recommend alternating and use a Tourist Visa, which will allow him 60 days, no need to extend at an Immigration office.

• If you start using your actual address and a TM30 report isn't made the worst case is a 2,000 baht fine. Typically people are charged 800 baht. There are no other consequences beyond the fine.
• If you never have contact with your local immigration office the fact that a report hasn't been made will probably never be an issue.
• Some offices are now asking for a TM30 report when tourists (your brother) apply for 30 day extensions. If he uses your address on an application, and you didn't submit a TM30 when he last arrived, they could fine you for not reporting him and maybe even fine you for not reporting yourself.
• A TM30 report can be made by post or submitted to the office by anyone.

Whatever you decide I think the important thing is to be consistent and only ever use one address. I would use the home address and submit a TM30, in person, for yourself and your brother the next time you enter the country, and ask the office if they want you to submit a new TM30 every time you re-enter in the future. If they do just throw one in the post every time you come back.

Thank you so much guys for the answers. My inclination was to have the hotel report the TM30 even though we are not staying there, and using the hotel address on the TM6 forms, just for convenience. My only fear was that the blue house book will not show a resident. Do authorities ever check if a foreigner is living at an address and demand to see the TM30? This is particularly worrisome with my brother staying there as a tourist, I presume. It doesn't appear I need a yellow house book (I only have a blue house book as the owner) for any purpose, is there? I was able to take the blue house book when I went to order internet & cable. The water and PEA Electric bills seem to just be dropped in my mailbox. Are they actually coded to an owner and do I need to go switch who the bill goes to at the utility company for any reason, as long as I just go pay it at 7-Eleven?

Finally, if I do use my home address and start submitting TM30s for me and my brother, I only have 24 hours to do it right? I am in Samui and the immigration office is all the way on the other side of the island from me. What is the option to submit by mail? Can someone help me with where I should mail it?

Appreciate all the advice.

Edited March 20, 201610 yr by RayBB

Not all offices will allow a mailed in TM30 form. You would have to check with the Samui immigration to see what they require.

Thank you so much guys for the answers. My inclination was to have the hotel report the TM30 even though we are not staying there, and using the hotel address on the TM6 forms, just for convenience. My only fear was that the blue house book will not show a resident. Do authorities ever check if a foreigner is living at an address and demand to see the TM30? This is particularly worrisome with my brother staying there as a tourist, I presume. It doesn't appear I need a yellow house book (I only have a blue house book as the owner) for any purpose, is there? I was able to take the blue house book when I went to order internet & cable. The water and PEA Electric bills seem to just be dropped in my mailbox. Are they actually coded to an owner and do I need to go switch who the bill goes to at the utility company for any reason, as long as I just go pay it at 7-Eleven?

Finally, if I do use my home address and start submitting TM30s for me and my brother, I only have 24 hours to do it right? I am in Samui and the immigration office is all the way on the other side of the island from me. What is the option to submit by mail? Can someone help me with where I should mail it?

Appreciate all the advice.

• Why not complete a few TM30 forms, leave them with the hotel staff, and get them to submit one every time you re-enter.
• As far as I know immigration don't go around checking private residences for foreigners and asking for TM30 receipts. The only way immigration know where someone is, or might be, is from the TM6/TM30 reports or if someone reported the fact to police/immigration.
• The yellow house book is only necessary to show who is actually living in the property.
• Electricity/water bills are usually coded to whoever registered for the utility and stay that way until changed. I doubt the utility companies are too fussed who's name is on the account because they will cut off services very quickly if bills are unpaid.
• I don't think many, if any, offices impose the 24 hour rule. I presume you would post the TM30 to the Samui immigration office, but unless someone can give you a definitive answer you'll need to ask the office.

Edited March 20, 201610 yr by elviajero

https://www.google.com/maps/d/viewer?hl=en&t=h&msa=0&z=6&ie=UTF8&mid=zgfDwlRKjQiw.ki8rj55aIYww

Samui Immigration Office

39 Mu 1
Thawi Rat Phakdi Road
Tambon Ang Thong
Amphoe Samui
Suratthani 84140
Phone: 0-7742-1069
Email: [email protected]
http://samui.immigration.go.th (http://samui.immigration.go.th/)
Service area: Koh Samui District, Koh Pha-Ngan District

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The OP should be aware that the Thai authorities are actively checking on Companies with proxy ( fake) shareholders, especially those companies formed for the sole purpose of purchasing land/property.

Thank you everyone. I at least have some clarity on all the possible options and potential consequences of each. Much appreciated.