Extension Of Stay With Less Than 50k/m.

[inventorinthailand]

I tried to get an extension of stay today. My current expires 16’th of November 2006.

The immigration officer told me that I had to have 50k in salary every month. According to her it was not ok if 30k one month and 80k next month. Correct or not??

I have been told that with my 100% export Thai-company that I own to 99,994%, I do not need more than 30k per month in salary – but the immigration officer did not agreed. So now I have to raise the tax assessment for 2005 from current 500k to 600k and also raise my income for some month 2006. Is that really necessary??? 2005 I had a NI-B and did visa runs every 90 days and did not have any extension of stay until 17’th of November 2005…

Were to find information about my type of company???? (100% export Thai-company own to almost 100% by farangs with 30k in salary)

Need some rappid advice here…

[Sunbelt Asia]

I tried to get an extension of stay today. My current expires 16’th of November 2006.

The immigration officer told me that I had to have 50k in salary every month. According to her it was not ok if 30k one month and 80k next month. Correct or not??

I have been told that with my 100% export Thai-company that I own to 99,994%, I do not need more than 30k per month in salary – but the immigration officer did not agreed. So now I have to raise the tax assessment for 2005 from current 500k to 600k and also raise my income for some month 2006. Is that really necessary??? 2005 I had a NI-B and did visa runs every 90 days and did not have any extension of stay until 17’th of November 2005…

Were to find information about my type of company???? (100% export Thai-company own to almost 100% by farangs with 30k in salary)

Need some rappid advice here…

30K per month is ok with the Labor Dept and why you were approved for a work permit. It also was ok for the one year multi entry visa. However if you are applying for an extension of stay based on business, Immigration inside Thailand has much stricter conditions than the Labor Dept. It still is legal to get the visa outside Thailand and have your work permit correspond to it.

By the way, its not just the salary criteria. You also need to meet the following criteria as well.

Registered capital of no less than 2 Million Baht

That business must submit their year end balance sheet which has been inspect and certified by a certified accountant. In order to show the financial status, stability and recognition of business. In overall the audit must show owner’s equity of no less than 1 Million Baht

That business must submit their year end profit and loss account which has been inspect and certified by a certified accountant. In overall the total revenue must show an amount higher than the total salary and benefit paid the employee and

That certain business has the necessity to employ foreigner

That business must have a ratio between foreign employee to Thai employee of 1:4

www.sunbeltasiagroup.com

[inventorinthailand]

I tried to get an extension of stay today. My current expires 16’th of November 2006.

The immigration officer told me that I had to have 50k in salary every month. According to her it was not ok if 30k one month and 80k next month. Correct or not??

I have been told that with my 100% export Thai-company that I own to 99,994%, I do not need more than 30k per month in salary – but the immigration officer did not agreed. So now I have to raise the tax assessment for 2005 from current 500k to 600k and also raise my income for some month 2006. Is that really necessary??? 2005 I had a NI-B and did visa runs every 90 days and did not have any extension of stay until 17’th of November 2005…

Were to find information about my type of company???? (100% export Thai-company own to almost 100% by farangs with 30k in salary)

Need some rappid advice here…

30K per month is ok with the Labor Dept and why you were approved for a work permit. It also was ok for the one year multi entry visa. However if you are applying for an extension of stay based on business, Immigration inside Thailand has much stricter conditions than the Labor Dept. It still is legal to get the visa outside Thailand and have your work permit correspond to it.

By the way, its not just the salary criteria. You also need to meet the following criteria as well.

Registered capital of no less than 2 Million Baht

That business must submit their year end balance sheet which has been inspect and certified by a certified accountant. In order to show the financial status, stability and recognition of business. In overall the audit must show owner’s equity of no less than 1 Million Baht

That business must submit their year end profit and loss account which has been inspect and certified by a certified accountant. In overall the total revenue must show an amount higher than the total salary and benefit paid the employee and

That certain business has the necessity to employ foreigner

That business must have a ratio between foreign employee to Thai employee of 1:4

www.sunbeltasiagroup.com

Thanks very much Sunbelt for that information.

Immigration inside Thailand has much stricter conditions than the Labor Dept. - That explaines alot.

Registered capital of no less than 2 Million Baht - Yes, have

That business must submit their year end balance sheet which has been inspect and certified by a certified accountant. - Done

In order to show the financial status, stability and recognition of business. In overall the audit must show owner’s equity of no less than 1 Million Baht - Hmmm.. the officer did not mention anything about that..

That business must have a ratio between foreign employee to Thai employee of 1:4 - We have 4 thai since the beginning of this year. Last time, A immigration officer came to our office and took photos of them and the office

The officer said that everything looked good except for my salary. She suggested me to pay tax for the three months i only had 30 000 in salary this year (aug, sept,oct). But she also wanted me to change my income for 2005 from 500 000 to 600 000... Is this really necessary?? - I mean, I did not even had any extension of stay based on business at that time. I got it first at feb 2006....

Edited November 13, 2006 by inventorinthailand

[Sunbelt Asia]

That business must submit their year end balance sheet which has been inspect and certified by a certified accountant. - Done

Still make sure you still met this point: In overall the total revenue must show an amount higher than the total salary and benefit paid the foreign employee

In order to show the financial status, stability and recognition of business. In overall the audit must show owner’s equity of no less than 1 Million Baht - Hmmm.. the officer did not mention anything about that..

This is how most Immigration officers work. They cover one point at the time. Odds are they haven't gotten to that point yet.( or you in fact have one million Baht equity)

The officer said that everything looked good except for my salary. She suggested me to pay tax for the three months i only had 30 000 in salary this year (aug, sept,oct). But she also wanted me to change my income for 2005 from 500 000 to 600 000... Is this really necessary?? - I mean, I did not even had any extension of stay based on business at that time. I got it first at feb 2006....

Even though you were still paying yourself a salary of 30K per month last year, which was fine with the Labor Dept. You claimed a salary of 50K to Immigration. This year Immigration changed the salaries on Oct 1st, 2006. Some Nationalities went up in the required amt, while others in fact had a required salary that was lower.

New_Minimum_Salary_Requirement.doc

www.sunbeltasiagroup.com

[inventorinthailand]

We do not have any revenue at all as we are doing research for a future production. All the money comes from our partner and my own savings. And we do not have any 1 million in thailand – Can this be problem?? How to solve??

But how can my past (2005) salary have anything to do with my new application?? I have fulfilled this year salary level. January to July I had 50k/m and for August to October 30k/m but to day, we changed that to 50k/m and also paid the tax.

Were can i find a document that explain for the immigration officer about 30k/m was the minimum requirement for me 2005??? - will it do any differents??

Should I just give it up then and go to KL and get me a new NI-B instead – I only have two days left…..

Edited November 14, 2006 by inventorinthailand

[Sunbelt Asia]

We do not have any revenue at all as we are doing research for a future production. All the money comes from our partner and my own savings. And we do not have any 1 million in thailand – Can this be problem?? How to solve??

Immigration is giving some foreigners till November 2007 to meet the criteria for the extension of stay based on business. This may happen with you.

But how can my past (2005) salary have anything to do with my new application?? I have fulfilled this year salary level. January to July I had 50k/m and for August to October 30k/m but to day, we changed that to 50k/m and also paid the tax.

You need to show the PND 91 (Copies of the foreigner’s income tax submitted annually attaching a receipt (if any))

This is expected to be matched with the minimum salary required for your nationality.

Were can i find a document that explain for the immigration officer about 30k/m was the minimum requirement for me 2005??? - will it do any differents??

What nationality are you?

www.sunbeltasiagroup.com

[inventorinthailand]

Maybe this will help.

In the หนังสือรับรองคนต่างด้าวทำงาน document at the lower 5 paragraphs:

1 – Something in thai :-D

2 – 2 000 000.-

3 – 2548 – 750 494.- - 16 000.-

4 – 2548 – 1 241 505.-

5 – 4 - 1

Edited November 14, 2006 by inventorinthailand

[inventorinthailand]

We do not have any revenue at all as we are doing research for a future production. All the money comes from our partner and my own savings. And we do not have any 1 million in thailand – Can this be problem?? How to solve??

Immigration is giving some foreigners till November 2007 to meet the criteria for the extension of stay based on business. This may happen with you.

But how can my past (2005) salary have anything to do with my new application?? I have fulfilled this year salary level. January to July I had 50k/m and for August to October 30k/m but to day, we changed that to 50k/m and also paid the tax.

You need to show the PND 91 (Copies of the foreigner’s income tax submitted annually attaching a receipt (if any))

This is expected to be matched with the minimum salary required for your nationality.

Were can i find a document that explain for the immigration officer about 30k/m was the minimum requirement for me 2005??? - will it do any differents??

What nationality are you?

www.sunbeltasiagroup.com

I have PND 91 for 2548/2005 and it says 500 000bt and that was more than the 30k/m that was the minimum requirement for my WP/visa (with out any Extension Of Stay) at that time (100% export company)........

I don’t get it.... I have fulfilled my obligations for 2005 more than well, and now it is a major problem…..

How to inform the immigration officer about that 30k/m was the minimum requirement for me 2005???

Im from Germany...

Edited November 14, 2006 by inventorinthailand

[inventorinthailand]

Please....someone

Were can i find informations about the 30k/m minimum salary rule when own and managing a 100% export company??????

[Sunbelt Asia]

I have PND 91 for 2548/2005 and it says 500 000bt and that was more than the 30k/m that was the minimum requirement for my WP/visa (with out any Extension Of Stay) at that time (100% export company)........

I don’t get it.... I have fulfilled my obligations for 2005 more than well, and now it is a major problem…..

How to inform the immigration officer about that 30k/m was the minimum requirement for me 2005???

Im from Germany...

30K was not or is not now, the minimum salary for an German based on business . The mininum was 50,000 Baht per month in 2005, based on the requirements for an extension of stay based on business.

Did you work the whole year of 2005?

www.sunbeltasiagroup.com

[inventorinthailand]

But i did not had any extension of stay based on business at 2005

I got it jan/feb 2006 and that year i have made 50k/m

Yes i did work the whole year 2005

Edited November 14, 2006 by inventorinthailand

[inventorinthailand]

30K per month is ok with the Labor Dept and why you were approved for a work permit. It also was ok for the one year multi entry visa. However if you are applying for an extension of stay based on business, Immigration inside Thailand has much stricter conditions than the Labor Dept. It still is legal to get the visa outside Thailand and have your work permit correspond to it.

www.sunbeltasiagroup.com

So what you are telling me is IF i chose to have salary of 30k/m first year (accepted minimuma salary as you admit above) - im not alowed to apply for an extension of stay based on business and a higher salary following years???

Edited November 14, 2006 by inventorinthailand

[Sunbelt Asia]

But i did not had any extension of stay based on business at 2005

I got it jan/feb 2006 and that year i have made 50k/m

Yes i did work the whole year 2005

You applied for the extension in Jan 2006, you use the three months of PND #1 of 50K per month. You did not provide at that time, the Phor Ngor Dor.91 as it is filed on a yearly basis in March.

This year you are going to reapply and need to show the PND 91 which shows a lower amount for a salary for the year. It needs to be 600K for the whole year of 2005( as you claimed to Immigration the salary you were getting). They feel you can qualify, if you pay 20K more in tax plus penalities.

So what you are telling me is IF i chose to have salary of 30k/m first year (accepted minimuma salary as you admit above) - im not alowed to apply for an extension of stay based on business and a higher salary following years???

This is the Immigration logic. However, we had a case that we argued that the applicant did not qualify previously because of a lower salary and why he made the required visa runs every three months to be legal. Once his salary reached the required level for three months, then we applied for the extension of stay based on business. We won the case without him paying more tax. However it took several "30 day under considerations before his one year extension was approved.

www.sunbeltasiagroup.com

[inventorinthailand]

So you suggest me to adding the 100 000 to reach the required 600 000 and pay the tax and penalties for year 2005 then??

Is it doable on one day???

[Martin_F]

So you suggest me to adding the 100 000 to reach the required 600 000 and pay the tax and penalties for year 2005 then??

Is it doable on one day???

It is quite easy to do.

You download the form from www.RD.go.th complete the forms for the additioonal income you can also get english translations to help, but you have to complete the thai version and submit it with copies of your old PND 91 to your area tax office pay the tax and and the fine. The fine is 1.5% per month up to a maximum of the actual tax. We are talking about a maximum of 11 months and therefore the now percentage is 16.5% for 11 months although I'm not sure if the time runs from the 31 March the last date for submisison of tax return for the prior year.

The tax will be in the 10-20% depending on your perconal allowances and therefore you will be looking at 100,000 X 10% - 20% = 10,000 - 20,000 + 1,650 - 3,300 fine.

If you take the cash it is possilble to do it .

Take photocopies before hand and get your tax receipt.

Good luck.

[inventorinthailand]

Thanks Martin..

Normaly i pay 3350bt per month for my 50 000.

So 2x 50 000= 100 000 should be 2 x 3 350= 6 700 then...... or am i wrong??

[jackbox]

If you set up an American Amity company does the 50,000 Baht monthly minimum still apply?

[Sunbelt Asia]

So you suggest me to adding the 100 000 to reach the required 600 000 and pay the tax and penalties for year 2005 then??

Is it doable on one day???

It is quite easy to do.

You download the form from www.RD.go.th complete the forms for the additioonal income you can also get english translations to help, but you have to complete the thai version and submit it with copies of your old PND 91 to your area tax office pay the tax and and the fine. The fine is 1.5% per month up to a maximum of the actual tax. We are talking about a maximum of 11 months and therefore the now percentage is 16.5% for 11 months although I'm not sure if the time runs from the 31 March the last date for submisison of tax return for the prior year.

The tax will be in the 10-20% depending on your perconal allowances and therefore you will be looking at 100,000 X 10% - 20% = 10,000 - 20,000 + 1,650 - 3,300 fine.

If you take the cash it is possilble to do it .

Take photocopies before hand and get your tax receipt.

Good luck.

You are in the 20% bracket at this level.

500,000- One million personal income is 20% tax -deductions plus the fine.

Normaly i pay 3350bt per month for my 50 000.

So 2x 50 000= 100 000 should be 2 x 3 350= 6 700 then...... or am i wrong??

Sorry you are wrong. See above.

If you set up an American Amity company does the 50,000 Baht monthly minimum still apply?

It does not matter if you are under Amity or not. The tax is the same for the corporation.

It just depends on the nationality of the employees. If you are the American employee, it used to be 60,000 Baht (Before Oct 1st 2006) now its just 50,000 Baht per month.

www.sunbeltasiagroup.com

[Martin_F]

I am a little confussedo n the ta comp.

Following is my interpretation of your tax situation.

..............................Original...........Revised.

...........................------------........------------

Income......................500,000.00..........600,000.00.

Earned.income.deduction.....(60,000.00).........(60,000.00)

Personal.Allowance..........(30,000.00).........(30,000.00)

...........................------------........------------

Taxable.Income..............410,000.00..........510,000.00.

...........................------------........------------

Tax........................

.

.100,000.00.........0%...........-...........

.310,000.00.........10%......31,000.00.........

........................

.100,000.00..........................-...

.400,000.00.........10%..........................40,000.00.

..10,000.00.........20%...........................2,000.00.

...........................------------........------------

.............................31,000.00...........42,000.00.

Less.tax.paid.........................

.3,350.00.X.12...............40,200.00...........40,200.00.

...........................------------........------------

......................

Refund........................9,200.00.........

Tax.To.Pay........................................1,800.00.

........................

Fine.

1,800.00.1.5%.per.month.(11)........................297.00.

.

If.you.got.the.refund.then.it.is.........................

.................................................42,000.00.

Less.Tax.paid....................................31,000.00.

...............................................------------

.

Payable..........................................11,000.00.

.

[email protected]%.per.month.................1,815.00.

(sorry about the dots but the space does not work)

I do not seem to be able to muster your tax paid of THB3,350 pm.

But I may be wrong....

Edited November 15, 2006 by Martin_F

[inventorinthailand]

Today I paid 7600-something in tax at revenue department. No fines at all. Later then i got my "extended to stay" but with 30 days consideration.. Same as the first time…

Edited November 15, 2006 by inventorinthailand