Thai Immigration changes the rules for all foreign

[seamus]

This is why I love this place, aint all about sex

[manarak]

VAT would likely apply on ANY transaction you make invoiced out of Thailand - forget the fact its offshore as thats when loads of additional complications set in.

There is a lot to be said for staying totally under the radar and NOT applying for a work permit especially if your business is internet based. if you do any physical work or come into contact with the public you SHOULD have a work permit.

Thank you Mardhi - I understand better now.

I think I will have to ask about holding companies.
To make it clear - I don't want to avoid paying taxes, but there is no reason to pay VAT on revenues originating in another company located, for example, in Switzerland.

[thaibound]

(mardhi @ Dec. 04 2008,08:42) if you have a kid, the best visa to get is actually the education visa - i.e you enroll the kid in private school and whole family gets a yearly visa.    

Cheers
mardhi

so how hard would it be to adopt a ladyboy as my 'daughter' then put her in university and get a visa to stay as her 'parent'?

would she still get the house when we 'divorce'?


and would and a little and maybe a little more be okay til then or should i stick to her girlfriends at the bar?

[bigmick22]

they all shag their daughters - don't worry about it

[thaibound]

(bigmick22 @ Dec. 04 2008,16:22) they all shag their daughters - don't worry about it

so maybe i really am onto something here..

wonder if i can adopt half of guess bar and half of la bamba and then open a 'foster home' where we can all live together in peace and harmony...

it would, of course, be a non-profit venture so i could avoid having to deal with all that legal business razz ma tazz that gives me such a headache

damn, this sounds better than the AsianTS B&B Resort that we never got off the ground back in '06...

[jadeite]

(mardhi @ Dec. 04 2008,20:42) in simple terms they are looking for a capital of at least 2,000,000b being paid into the company, at least 4 employees, VAT registration and payment of all social and employee taxes.    This is not cheap - it all adds up and you need to have a genuine company with genuine office and genuine sales when you go down this road.

Excellent post mardhi. And these things are not optional, you MUST have 4 Thai employees, period. You must pay their social security, period. And on and on. There is also ongoing paperwork and operating costs in addition to the initial expenditure of opening a business. They absolutely will spring surprise audits making sure you and your 4 employees are at the place of work during business hours. If not, bye bye. I would say in most cases not even the most ardent guy who wants to "keep it legal" can ever be within the spirit of the Thai laws for a work permit unless you are an employee.

Another thing that might be eye opening to some people is you must have a work permit to do charitable or volunteer work, even if you are not paid. There is considerable debate whether you can even legally mow your own lawn because you are taking the job of a Thai person.

For the casual expat who is just kicking back even before this new rule a tourist visa was the way to go and the new rule doesn't change that. You leave the country every 3 months. But getting a non-immigrant visa is really the best way to go, with the studying thai language type within reach of almost everyone and you can learn some thai.

[SamplerDoc]

Do these Visa Regs change yearly or is that it just seems that way

[jadeite]

Yes. Year after year they are slowly tightening the screws. Some visa types have been eliminated completely, some have tougher requirements, some have seen big price hikes, some have become more limited. No visa type seems to have been spared, it is an across the board type of thing.

[manarak]

Another advantage of having a work permit, is that one can import a car for personal use without paying the heavy duties.
The duties will have to paid if the car is sold, though.

[Stogie]

Just out of interest - where are you getting your information from? Are you a diplomat or are you working for the United Nations?

I'd double check your sources my friend because I have a feeling you are in for a very rude and loud shock when you move to Thailand...

Importing your car? Forget it... it won't work, as simple as that.

The theoretical possibility of bringing your car in together with or without your personal effects is there, but after you look into the details on how to do it, you will quickly find out that it is not worth the effort!

Exempted are holders of diplomatic passports but they have to re-export the vehicle or pay hefty penalties.

[manarak]

from the website of the Board of Investment of Thailand:

A private limited company may be wholly owned by aliens. However, in those activities reserved for Thai nationals, aliens€™ participation is generally allowed up to a maximum of 49 percent.

hmm... designing and operating websites is not an activity reserved for Thais, right?

[Stogie]

If you are starting a business which a Thai person could do or if you are showing the authorities that you want to be doing a job which a Thai person could perform, you'll be going up against more red tape than you could ever handle just to get you to leave.

You really need to get some solid reliable advice on what you are doing because reading crap on the internet is NOT gonna work and you'll be off home hating the country in three months unless you come better prepared.

The Department of Employment in Thailand in Bangkok is a very helpful and useful government resource. If you really plan to work here and get a permit to do so I would buy a few lunches for the good folk that work there.

One Stop Service Center for Visa and Work Permit
(Department of Employment)

3rd Floor, Krisada Plaza Building
207 Ratchadapisek Road, Kwaeng
Dindaeng, Khet Huaykwang

[manarak]

Hi Stogie
I am not meaning to look like I know everything better, but I have been researching a lot.

The bit about about importation of the car comes from Schenker / Stinner Logistics, which is a reputable international relocation and moving company:
http://www.worldmoving.co.nz/downloa....005.pdf

I realize the info is from 2005, and that I would have to check if it is still accurate.


I draw my info either from official sites (like the site of the board of investment, or the labor ministry) or from sites of reputable companies.
I regard any info I find on sites which are neither official or reputable as "rumors".

[Stogie]

It may just be my sceptical nature but I have a feeling that your online business won't reach the requirements for the Thai Government Board of Investment (BOI) and getting a letter exempting you from import duties taxes may prove to be optimistic at best.

Also, bear in mind that the information at the link you provided is directed to residents from New Zealand and they might have slightly different arrangements with the Thai authorities... although on looking at that hand out I'd say that the same applies to Europeans too.

I wish you luck, I truly do... but there's a lot oif things that don't go to plan when making plans!

Have you even thought about the bribes you are going to be asked for at customs when your shipment arrives? They can hold up your cargo for months until the tea money has been paid.

Still - at least you aren't in Cambodia or Vietnam... The customs guys there bleed you dry!

[manarak]

And I would like to stress that I thank you and anybody providing useful info as you do.

There has been a lot of good advice posted here that I will definitely follow.


I did business in the CIS states (Ukraine, Uzbekistan, Russia), and I have setup a company in Ukraine back in 2002 that has been running 6 years.
I think the Ukrainian red tape I have experienced there was probably more frustrating than any other will be. Read on about Ukrainian or CIS red tape stories, and you will be enlightened.
Many of the troubles came from a total uncertainty about which laws apply, and many of the civil servants were ignorant about large portions of the law. Only with a good local lawyer and especially with good research, one could point them to a paragraph buried on page 243 of the foreign investment promotion law. Then they would say that they need to check with their bosses, and one week later they agreed to apply the law.
At other moments, they would be confused as to which law to apply, because they would have a soviet law that was not officially abrogated, then they would have a new law, and then again they would maybe have new provisions decided by the government, but not yet translated into a law.

As I was in the agrobusiness, we also had issues with veterinarian inspection, sanitarian inspection, etc.
They would all come with their own issue of regulations, sometimes they would bring the soviet code, sometimes the new code, sometimes no code at all. Originally, we were given the option of giving them incentives not to inspect too closely, but if you do that too much, they come back every week.

Some issues have indeed been solved by getting the right people on board. For example, giving the regional head of tax inspection some shares did help a lot with sanitarian and tax inspections.
Then the regional commander (3 star general) of the milizia also got a stake, and after that it was heaven on earth, as then it was enough if we comlied with the normal laws.


So what I take out of my previous experience is:
- as good as your lawyer may be, he is still a human and probably does not know about every legal provision applying to your case. This also applies to police and judges.
- the more precise information you can get (and keep the sources) the better. You should then confront your lawyer with that info. Once he has the sources, he will be able to distinguish between valuable info and bullshit.


I am right now in the information gathering process.