TM30 Supporting Documents Required? (Chiang Mai)

[JomtienEats]

I have rented out a room to a foreign national and I need to submit a TM30 form in Chiang Mai.

 

Do I need any supporting documents for the TM30 form? Proof of address, passport etc? I'm on a visa exempt entry, but I'm the owner of the condo.

 

Do I need to submit the TM30 in person, or can I send a friend or visa agent along with it?

[BritTim]

You can definitely have someone else submit the TM30 for you. As far as documentation is concerned, I would assume proof that you are the condo owner, and a signed copy of your passport photo page should be sufficient.

 

While the concern may be unfounded, some might claim that renting out the room, without having a management company take care of it, could be regarded as work without a work permit, and in contravention of the tourist entry. This could be an issue if you ever upset anyone in officialdom.

[NancyL]

Check with the juristic person manager for your building.  Some of them (actually many) in Chiang Mai will take care of this for you because they want the tenants in their building to be in compliance, due to the high level of enforcement in CM.

[elviajero]

Anyone can hand in the TM.30. You might have problems getting it accepted if you don't have a work permit.

[mania]

4 hours ago, elviajero said:

Anyone can hand in the TM.30. You might have problems getting it accepted if you don't have a work permit.

 

Why would that be?

[elviajero]

3 hours ago, mania said:

Why would that be?

Managing a property (if he is) as a landlord is work and requires a work permit. Immigration don't always like dealing with people breaking immigration law.

[Asiantravel]

1 hour ago, elviajero said:

Managing a property (if he is) as a landlord is work and requires a work permit. Immigration don't always like dealing with people breaking immigration law.

 

I find this hard to believe because what is the difference between managing your own property and managing your own share portfolio on your computer at home? As far as I know I have never heard of anyone requiring a work permit to do the latter?

[Jedsada3]

I think (but not sure and no time to look for it) that you can make it online...

[sumrit]

14 minutes ago, Asiantravel said:

 

I find this hard to believe because what is the difference between managing your own property and managing your own share portfolio on your computer at home? As far as I know I have never heard of anyone requiring a work permit to do the latter?

 

I believe it's been a problem for some people in Phuket recently. I'm sure I read that foreign people who 'own' property there have been told that receiving an income from renting out your own property in Thailand amounts to work and requires a work permit and a tax return to be submitted.

 

It doesn't have to be the owner that submits the TM30 though. The householder (the person who's name is on the rent book) can do it. So assuming the OP has given his tenant a rental agreement the tenant can complete his own TM30.

 

[CMBob]

2 minutes ago, Jedsada3 said:

I think (but not sure and no time to look for it) that you can make it online...

 

That's what the Immigration Officer told me this past February but it can't be done without them setting up an online account (with username and password) for you.  Recently(as in 10 days ago) , an officer at Immigration told me I can't do that and it's only for businesses. 

 

For the OP....I think the only place you can file the TM30 is at the back building  (not main Immigration building) at the old Immigration office near the airport.   Tenant documents submitted for me were copies of passport photo page, current visa/extension, arrival stamp, departure card, and lease.  I'm not sure what documents are required for you (a foreigner) as the landlord but would think you'd need copies of your passport photo page, perhaps other passport pages, and ownership papers.  The Immigration officers there are fairly friendly and likely would tell you what you need to get it done.

 

I filed the TM30 recently for my landlord so I'd think your current tenant (and maybe somebody else) could do that for you.  And, as Nancy said, check with whoever manages your building to see if they've already taken care of filing the TM30 for you (or, perhaps, if they'll do it for you if it's not already filed).

[Asiantravel]

16 minutes ago, sumrit said:

 

I believe it's been a problem for some people in Phuket recently. I'm sure I read that foreign people who 'own' property there have been told that receiving an income from renting out your own property in Thailand amounts to work and requires a work permit and a tax return to be submitted.

 

It doesn't have to be the owner that submits the TM30 though. The householder (the person who's name is on the rent book) can do it. So assuming the OP has given his tenant a rental agreement the tenant can complete his own TM30.

 

 

 

yes but you also receive income if you have a share portfolio in the form of dividends? What's the difference?

[Evilbaz]

Are those dividends earned from Thai companies?

[sumrit]

1 hour ago, Asiantravel said:

 

 

yes but you also receive income if you have a share portfolio in the form of dividends? What's the difference?

 

 I would assume your share portfolio is 'outside Thailand'  so would qualify as income earned/acquired from abroad while the rental income is income generated/earned within Thailand so is subject to Thai taxes and requires a work permit.

 

Edited September 23, 2016 by sumrit

[novo58]

do you even have to mention that they are renting from you......................Cant they just be "friends" visiting and staying with you

[Ginkas]

Had to do a TM 30 form at Chiangmai Immigration this week.

As the owner of the house is in the US I completed the form as the Possessor, took a copy of the lease agreement and a signed statement from a Government Officer that I lived at that address.

Not accepted, it now has to be the owner's ID card, with statement, and Tabian Baan. After some discussion she would accept the owner's son's ID and statement.

Got these, went back and, after some deliberation and rewriting of the TM30 got the slip back duly stamped.

It was explained that this was a new regulation from Bangkok "for security purposes".

 

Edited September 23, 2016 by Ginkas

[sumrit]

3 minutes ago, novo58 said:

do you even have to mention that they are renting from you......................Cant they just be "friends" visiting and staying with you

 

The TM30 needs to be completed within twenty four hours of a foreigner staying at an address, it's not dependent on renting.

[jippytum]

13 hours ago, NancyL said:

Check with the juristic person manager for your building.  Some of them (actually many) in Chiang Mai will take care of this for you because they want the tenants in their building to be in compliance, due to the high level of enforcement in CM.

It is the owners responsibility to send the TM 30. After the first visit to immigration a registration number is provided allowing internet notification for future notification .

Why should the condo management provide a free service to owners who let properties to tenants and monopolizing  the condo staffs time  which is subsidized by the other owners who reside in the condo.

[SteveSamui6262]

If all else goes well, don't overlook that you would legally be responsible for paying income tax on any rental income.

[terminatorchiangmai]

i came back form a short holiday last week and reported with all the forms at immigration.

Not necessary they said.

If you  stay at the same address as before you only need to walk in with passport and they give a small stamp with renewal date on your old slip.

[CMBob]

1 hour ago, terminatorchiangmai said:

i came back form a short holiday last week and reported with all the forms at immigration.

Not necessary they said.

If you  stay at the same address as before you only need to walk in with passport and they give a small stamp with renewal date on your old slip.

I did the same last week.  Apparently, once you're in the system and staying at the same address, all they want to see is your passport.  That said, however, it is necessary to report as you and I did (although the guy again said I could report within 7 days of arriving back from out of country.....which is a bit more lenient than the 24 hours mentioned by others and in the statute).

 

Edited September 23, 2016 by CMBob

[Evilbaz]

So having a new arrival/departure card number doesn't matter?

[JomtienEats]

5 hours ago, Ginkas said:

Had to do a TM 30 form at Chiangmai Immigration this week.

As the owner of the house is in the US I completed the form as the Possessor, took a copy of the lease agreement and a signed statement from a Government Officer that I lived at that address.

Not accepted, it now has to be the owner's ID card, with statement, and Tabian Baan. After some discussion she would accept the owner's son's ID and statement.

Got these, went back and, after some deliberation and rewriting of the TM30 got the slip back duly stamped.

It was explained that this was a new regulation from Bangkok "for security purposes".

 

 

Thanks, so it sounds like

 

Owners ID/Passport

A Statement (from government official?) I guess a statement from the condo office would be ok too

Tabian Baan

Lease agreement

Tenant Passport

 

And all within 24hrs of the arrival. No doubt there will be some confusion and I'll need to schlep out there a few times to comply. It doesn't seem worth it except for professional landlords.

 

Nancy mentioned another option is to try to have the condo managment do it - but mine don't seem willing.

 

Another question - what if I just ignore this whole clusterfuck, and my tenant tries to process his 90 day? Will I have the immigration police on my doorstep?

 

[CMMCB]

Thanks to TerminatorCM & CMBob for the heads up.

 

"i came back form a short holiday last week and reported with all the forms at immigration.

Not necessary they said.

If you  stay at the same address as before you only need to walk in with passport and they give a small stamp with renewal date on your old slip."

 

I just tried to do this but was told my wife's previous CM30 report was no longer valid, or in fact even on the record (they printed out some kind of record for me, including a photo taken at Immigration BKK on arrival), as it was so long ago and I'd left the country a couple of times since then. Have to go back to Immigration on Monday to start the whole process again. The pleasant lady at the CM "airport" office confirmed that a report needs to be made after each night (registered) at another address. Not sure if the missus will be fined or not (I re-entered the country 6 days ago).

[Liquorice]

1 hour ago, JomtienEats said:

 

Thanks, so it sounds like

 

Owners ID/Passport

A Statement (from government official?) I guess a statement from the condo office would be ok too

Tabian Baan

Lease agreement

Tenant Passport

 

And all within 24hrs of the arrival. No doubt there will be some confusion and I'll need to schlep out there a few times to comply. It doesn't seem worth it except for professional landlords.

 

Nancy mentioned another option is to try to have the condo managment do it - but mine don't seem willing.

 

Another question - what if I just ignore this whole clusterfuck, and my tenant tries to process his 90 day? Will I have the immigration police on my doorstep?

 

 

Has the tenant just arrived from abroad and registered your Condo address as his place of stay on his TM6 departure/arrival card?

 

If not, and he's just moved from another Thai address then he should complete a TM28 (Change of address).

If he's moved from a different Province he won't be able to use the local Immigration office until he's done so.

It's usual. or good practice, to do both the TM28 and TM30 together when you have a new tenant to avoid anyone being fined.

 

Although the Immigration Act states you should report within 24 hours of arriving, you complete whatever dates you want on the forms, so provided you work together and you both put the current date when you inform them, they rarely ask questions. Businesses report online,  so it's very easy for them to comply. Privately rented have to make personal visits and 24 hours isn't always convenient for landlord or tenant.

 

A Thai landlord would supply a copy of his Blue Tabien Baan and ID card (signed and mobile number).

You as a foreign Condo owner are not named in your Blue Tabien Baan.

They may require a copy of your Deeds as proof of ownership.

Completed TM30

Copy of your Passport.

Copy Tabien Baan.

Letter from the Condo management may be useful.

 

The tenant will require a copy of his passport.

Completed TM28.

Lease agreement (rarely required)

Copy of your passport (signed and mobile number)

Copy of your Tabien Baan, although your not named in it, it is still proof of address. (signed and mobile number)

Copy of his TM6.

Copy of his Visa which he entered Thailand on.

Copy of his last extension. (if applicable)

Copy of last entry stamp.

 

I'd advise you both make and hold copies of each others documents, for future use.

 

Don't worry about tax implications. The rental will be under the minimum your allowed to earn before tax anyway.

Whether you are considered working by renting, and require a work permit is a grey area, just don't raise the subject with them.

 

You could both ignore the whole procedure, but you couldn't ignore the fines if they find out.

Edited September 23, 2016 by Faz
Addition

[NancyL]

12 hours ago, jippytum said:

It is the owners responsibility to send the TM 30. After the first visit to immigration a registration number is provided allowing internet notification for future notification .

Why should the condo management provide a free service to owners who let properties to tenants and monopolizing  the condo staffs time  which is subsidized by the other owners who reside in the condo.

In many condo buildings, the juristic person manager, i.e. the condo office is willing to help the owners and often the condo owners ask the condo office to act as property managers in leasing their units, in exchange for "consideration", which I've given to understand in our building is one month's rent for a one year's lease.

[JomtienEats]

Thanks again to everyone who replied.

 

My condo office refused to help out. However I found a visa agent who was prepared to submit the form for 500 baht. They required copies of

both passports,

the lease,

blue book,

the chanote - (only in my case because the blue book was not up to date)

power of attorney to file the TM30.

 

Note: So far it seems like this is required for a 90 day report. It will be interesting to see if it becomes required for 30 day tourist extensions.