| New Year’s Day | January 1 | |||
| Chinese New Year | January-February (changes each year) | |||
| Makha Bucha Day | February-March (changes each year) | |||
| Chakri Day | April 6 | |||
| Songkran Day | April 13 -14 | |||
| National Labor Day | May 1 | |||
| Coronation Day | May 5 | |||
| Visakha Bucha Day | May (changes each year) | |||
| Half-Year Holiday | July 1 | |||
| Asarnha Bucha Day | July (changes each year) | |||
| Buddhist Lent Day | July (changes each year) | |||
| H.M. the Queen’s Birthday | August 12 | |||
| Chulalongkorn Day | October 23 | |||
| H.M. the King’s Birthday | December 5 | |||
| Constitution Day | December 10 | |||
| New Year’s Eve | December 31 |
Due Diligence
When buying property in Thailand we highly recommend you use a reputable lawyer, do not under any circumstances try to go it alone as there are so many pitfalls, especially with the spoken and written Thai language interpretations. Foreigners may not own land in Thailand so legal mechanisms are used to overcome this situation and [...]
Seller Tips
Here are some useful tips when wishing to sell your property or land:
Broker terms
Going with the broker that offers a smaller fee for a successful sale is false economy! We all have costs and how can a broker successfully market your property if he makes a very small margin? This means they are not [...]
Holiday Rental Tips
When browsing to find the right holiday rental that suits you out of the huge choice on the internet we suggest that you follow some sensible guide lines:
1. The booking agent are they transparent and give you info on their company, if not don’t!
2. Do they have testimonials from satisfied customers?
3. Do they have Guest [...]
Thailand Public Holidays
November 22nd, 2010 
doctor Thai Weights & Measures
November 18th, 2010 doctor The metric system was officially introduced by a law passed on December 17, 1923. However, old Thai units are still in common use, especially for measurements of land which is often quoted using the traditional Thai system of waa, ngaan and rai. Old-timers in the provinces will occasionally use the traditional Thai system of weights and measures in speech, as will boat-builders, carpenters and other craftsmen when talking about their work. Here are some conversions to use for such occasions:
| Thai system | Metric System |
| 1 square wha | 4 square meters |
| 1 ngan (100 square wha) | 400 square meters |
| 1 rai (4 ngan) (1 sq cen) | 1600 square meters |
| 1 baht | 15.16 grams |
| 1 tamlung (4 Baht) | 60 grams |
| 1 chang (20 tamlung) | 1.2 kg |
| 1 haap (50 chang) | 60 kg |
| 1 niu | 2 cm |
| 1 kheup (12 niu) | 25 cm |
| 1 sawk (2 kheup) | 50 cm |
| 1 waa (4 sawk) | 2 meters |
| 1 sen (20 waa) | 40 meters |
| 1 yoht (400 sen) | 16 km |
| 1 kwien | 2,000 liters |
| 1 ban | 1,000 liters (2 ban=1 kwien) |
| 1 sat | 20 liters (50 sat=1 ban) |
| 1 tannan | 1 liter (20 tannan=1 sat) |
The US-Thai Amity Treaty
November 4th, 2010 doctor Benefits of the US Amity Treaty
The main benefit of the US amity Treaty is to act as an override in relation to the Foreign Business Act. In a nutshell as a result of the Treaty, American nationals have the same rights as Thai national with regards to owning and operating businesses in Thailand.
Restrictions
There are only seven economical sectors which are restricted to US citizens as follows:
- Owning land;
- Engaging in the business of inland communication;
- Engaging in inland transportation and communication industries;
- Engaging in fiduciary functions;
- Engaging in banking involving depository functions;
- Engaging in domestic trade in indigenous agricultural products;
- Exploiting land or other natural resources
In other words, but for the seven sectors listed above American citizens and companies may incorporate and maintain majority shareholding in local companies or register fully owned branch or representative offices without any problems and are exempt of most of the restrictions on foreign investments imposed by the Foreign Business Act.
The Treaty does not bring any particular benefits in terms of immigration and US citizens are to go through the same process than others to obtain, maintain and extend their visas.
How to register for the Treaty of Amity benefits as an American Company?
The application process is straightforward.
(1) Firstly register the legal entity of your choice at the Ministry of Commerce
(2) Secondly obtain a “certification document” (that is to say a supporting letter) from the US Commercial Service in Bangkok
(3) Submit the US embassy certification documents and any other documents requested by the Ministry of Commerce in order to obtain the foreign business certificate that will allows the company to operate as a US owned company
The catches
There are always a few catches:
(1) The company shall have a minimum 3,000,000 THB paid up capital to qualify
(2) The US shareholders will have to have the majority all along
(3) There must be a majority of US or Thai directors. Directors of other nationalities are acceptable but they may not have sole signatory power. In other words either they sign together with a US Director or they are Director without authorized signature.
Note: a director with signatory power may still be a signatory on the company bank account
Note: Formalities are simpler when the US applicant is an individual. For companies the documents requirements are more extensive. Also a US company has to be US majority owned in order to qualify for the benefits of the Amity Treaty.
About the Author:
The author Rene-Philippe DUBOUT is a lawyer since 1990 when he was admitted to Geneva bar (Switzerland). He practiced as a litigator there for 10 years until he moved to Thailand in 1999. In 2002 he founded with a group of Thai lawyers Rene Philippe & Partners Ltd a local law firm that specialized in Cross Borders Investments and Real Estate. He has been lecturing in several Thai Universities and a speaker to numerous conferences and seminars. He is the author of a must read book:”How to Purchase Real Estate Offshore Safely: The Case of Thailand”.
http//:www.renephilippe.com
Thai Driving License
October 26th, 2010 doctor HOW TO OBTAIN A THAI DRIVING LICENCE
To obtain a Thai driving licence from the Thai authorities you will need the following documents:-
- PASSPORT (original plus a copy)
- VALID NON-IMMIGRANT VISA
- LETTER FROM THE EMBASSY (confirming residency)
- DOCTOR’S CERTIFICATE
- VALID DRIVING LICENCE
- TWO PHOTOS (1” x 1”)
You may have to sit a driving test and pass a written test on traffic signs. If you take your current overseas licence with you, you may only be required to sit the written test.
Please check with the Land Transportation office where you need to apply as this does depend on where you reside.
To Obtain the Residency Letter from the British Embassy
- Register with the Embassy (details on how to follow below) then please also bring your original passport with you.
- Complete the request form and state the address to be used on the letter
- The fee for this service is Baht 2,408
- The letter can be sent to you by EMS (Express Mail Service – Baht 100)
Locate – Consular Online Registration
We encourage you to register with the British Embassy – new Consular online registration system (LOCATE) at http://ukinthailand.fco.gov.uk/ or www.fco.gov.uk/locate. With facility in LOCATE, you will be able to ‘manage’ i.e. update and change, your own information at a later date, such as contact details, dates in the country, inform us of your plans etc.
For long-term residents who have registered with us, we also strongly advise you re-register your details with LOCATE.
British Embassy
Consular Section Tel: 0-2305 8333 from 9.00-11.00 hrs only
14 Wireless Road Fax: 0-2255 6051
Bangkok 10330 E-mail: consularenquiriesbangkok@fco.gov.uk http://ukinthailand.fco.gov.uk/
Opening hours:
Monday – Thursday 8-11.00 and 15 – 15.15 hrs
Friday – 8-12 noon ONLY
Thai Retirement Visa
October 7th, 2010 doctor What is the The Non-Immigrant Visa “O-A” (Long Stay) Visa
The Non-Immigrant Visa “O-A” (Long Stay) is a visa for people that are aged 50 years and more who wish to stay in Thailand for a period of not exceeding 1 year without the intention of working.
Employment of any kind when you hold a Visa O Retiree is strictly prohibited. A stamp apposed near the visa on the passport of the beneficiary generally confirm this stipulation.
In 2009 27,649 foreign citizens have applied for a one year retiree visa. Only 301 applications have been rejected by the immigration.
A process in two steps
The process is normally in two steps:
The first step
You may chose between two options to accomplish the first step as follow:
1st Option will be to apply for a 90 days Visa “O” Non Immigrant at the Thai Embassy or consulate of the country of your nationality or the country where you have your residence at the time of the application.
2nd option you are not obliged to apply for a 90 days Visa “O” Non Immigrant at the Thai Embassy if you are a national from a country which citizens benefit of the Visa Exemption privilege.
Instead you may chose to come in Thailand without a visa and the file an application with the immigration office for a change of visa.
However you would have to do so within 9 days after your arrival in Thailand. Once your change of visa has been approved by the immigration you can then apply for a one year visa.
We recommend you to use the first option because while it oblige you to make a trip at the Thai embassy of your country of residence before to come into Thailand the process for the extension to a one year visa will be smoother.
The second step
Once you have entered Thailand you will have to apply for the one year extension of your visa at the immigration office of your location.
Note that you will have to wait to be in Thailand for 60 days before to file your application at the immigration office
Conditions of eligibility
To be eligible for this type of visa you will need to fulfill the following conditions.
Especially you must
(1) be at least 50 years old or more
(2) not be prohibited from entering the Kingdom as provided by the Immigration Act B.E. 2522 (1979).
(3) have no criminal record in Thailand and the country of the applicant’s nationality or residence.
(4) have the nationality of or residence in the country where applicant’s application is submitted
(5) Not having prohibitive diseases ( Leprosy, Tuberculosis, drug addiction, Elephantiasis, third phase of Syphilis) as indicated in the Ministerial Regulation No. 14 B.E. 2535.
Required Documents
You will have to provide the following documents: -
(1) Passport with validity of not less than 18 months. -
(2) 3 copies of completed visa application forms. -
(3) 3 passport-sized photos (4 x 6 cm) of the applicant taken within the past six months.
(4) A copy of bank statement showing a deposit of the amount equal to and not less than 800,000 Baht or an income certificate (an original copy) with a monthly income of not less than 65,000 Baht, or a deposit account plus a monthly income totalling not less than 800,000 Baht. – In the case of submitting a bank statement, a letter of guarantee from the bank (an original copy) is required.
Note: When you are applying for the 90 days Non Immigrant Visa “O” at the Thai embassy, and if you do not have yet a Thai Bank account you may instead provide a statement of your bank in your country of origin to justify that you have more than 800,000 THB in saving.
Note: When you fill your request for extension of stay at the Immigration Office you will have to provide evidence documenting that you have transfered money to Thailand showing a total of not less than 800,000 THB (less if you combine it with a pension but in this case saving + pension must reached more than 800,000 THB per year).
The first year the money must been deposited in Thailand at least 60 days before you go at the immigration office to apply for your visa O. When you renew your visa o you will have to transfer the money to Thailand at least 90 days before you apply for your one year extension renewal. The required amount must be left untouched during the validation period of 60 or 90 days. Therefore transfer more than the requested amount for your living expenses during this period. Immigration Officers now require visa o applicants to sign a form attesting that they have been notified that they will have to deposit 800,000 THB at least 90 days before the renewal of their visa.
Note: When you file your application for the one year extension based on the monthly income you will have to provide a certificate from your Embassy in Bangkok confirming that you have a pension or a monthly income of 65,000 more per month. You have to apply for this certificate prior to go to the immigration office. Please check with your embassy in Thailand on how to proceed to do so. Indeed not all Embassies have the same income evidence requirements.
(5) A letter of verification issued from the country of his or her nationality or residence stating that the applicant has no criminal record (verification shall be valid for not more than three months and should be notarised by notary organs or the applicant’s diplomatic or consular mission).
Note: While this document requirement is mentioned on the Ministry of Foreign affairs web site it is not yet necessary to provide this document nor at the Embassy when applying for the visa neither at the immigration when applying for the one year extension
(6) A medical certificate issued from the country where the application is submitted, showing no prohibitive diseases as indicated in the Ministerial Regulation No.14 (B.E. 2535) (certificate shall be valid for not more than three months and should be notarised by notary organs or the applicant’s diplomatic or consular mission).
Note: While this document requirement is mentioned on the Ministry of Foreign affairs web site it is not yet necessary to provide this document at the Embassy when applying for the visa.
Note: You will however be required to pass a medical visit with a Thai doctor and to obtain a medical certificate before to apply for your one year extension at the immigration office
One Year Visa Extension
Providing that you fulfill all the conditions and provide all the documents required you will be granted by the Immigration a one year extension and permitted to stay in Thailand for 1 year.
Note: The one year extension period is calculated from the date of first entry not from the date of approval
Note: If you need to travel out of Thailand during the one-year extension period and leave and re-enter the country without losing your visa you are required to apply at the Immigration office for re-entry permit (single or multiple) before departure. If you leave the country without a re-entry permit your 1 year extension shall become void.
Reporting
At the end of the 90-day uninterrupted period of stay , you must report to the immigration officer of your residence area and report again every 90 days during your stay in Thailand. The 90 days period is calculated from your last actual entry (if for example you travel frequently in and out you recalculate the 90 days from the last time you enter Thailand)
Renewal
Prior to the end of your extended visa period you may file an extension for another one year extension period. Documents and requirements are roughly the same than described above.If you apply for a renewal period based on a minimum 800,000 THB into your saving account you will have to transfer the said amount at least 90 days before filling for your renewal. The said amount must be left untouched in your bank account during the period of renewal.
Spouse
If your spouse is not eligible to apply for a retiree visa on her own she may obtain a Visa O relative which visa may also be extended for a period of one year. A marriage certificate must be provided as evidence and should be notarised by notary organs or by the applicant’s diplomatic or consular mission.
Note: This post is an excerpt of Rene Philippe Dubout next book: “How to Invest Safely Into Thailand” to be published in January 2010
About the Author:
The author Rene-Philippe DUBOUT is a lawyer since 1990 when he was admitted to Geneva bar (Switzerland). He practiced as a litigator there for 10 years until he moved to Thailand in 1999. In 2002 he founded with a group of Thai lawyers Rene Philippe & Partners Ltd a local law firm that specialized in Cross Borders Investments and Real Estate. He has been lecturing in several Thai Universities and a speaker to numerous conferences and seminars. He is the author of a must read book:”How to Purchase Real Estate Offshore Safely: The Case of Thailand”.
Thailand Visas: The 90 Days Visa Reporting Requirement
October 4th, 2010 doctor Section 37(5) of the Immigration Act B.E is anorther disposition that gets a lot of foreign citizens in trouble. To sum it up it requires that any foreigner who is permitted to stay in Thailand temporarily is required to report to the Immigration Department to confirm his/her residential address upon completion of every 90 days period of stay.
To whom does it apply
Many foreigners believe that this obligation apply only to those who are working and have a work permit.
This is incorrect; in theory Section 37(5) of the Immigration Act applies to any foreign citizen staying temporarily in Thailand, whether he/she as a work permit or not, whether he/she is on a business visa or ED (education Visa), married visa, dependent visa, investor visa, retiree visa and so on…, that stayed in Thailand for an uninterrupted period of 90 days.
But, because the element that triggered the obligation to report is an uninterrupted period of stay of 90 day are exempted from the requirement foreign citizens that enter Thailand with a Visa Exemption, Tourist Visa, Multi Entries Non Immigrant Visa B or O and that enter and depart Thailand every 15 to 90 days.
Are mostly concerned foreign citizens living in Thailand and that have applied for and/or obtained a one year extension of their visa by the Immigration Department.
When does the 90 day period start?
The 90 days period starts from the date of your last entry in Thailand. In other words the counter is reset at 0 every time you exit and re-enter Thailand.
In the case of a family the 90 days period of each family member is calculated separately. What I mean by this is that if the husband travel in and out Thailand without his wife and children (or vice versa) then the starting and ending date of the 90 days period of the husband will not be the same anymore as the one applicable to his wife and children. Therefore family members may have to report at different dates.
The -7 |+ 7 window for reporting
You may either report in person or authorize a third party to handle this formality on your behalf.
Lastly you may chose to report by mail. Note however that if you chose to report by mail your reporting document must reach the Immigration Department before the end of the 90 days period. There is no +7 windows for those reporting by mail.
Consequence of the failure to report
Failure to report within the specified time of 90 days may result in a fine of up to 5,000 baht as well as an additional 200 baht per day until the reporting failure as been rectified pursuant to Section 76 of the Act.
Note that Immigration Officer at Thai boarders or airports have been instructed to check the reporting status of foreign citizens living Thailand therefore do not be surprised if you have failed to report to be requested to pay your fine on the spot.
Note: This post is an excerpt of Rene Philippe Dubout next book: “How to Invest Safely Into Thailand” to be published in January 2010
About the Author:
The author Rene-Philippe DUBOUT is a lawyer since 1990 when he was admitted to Geneva bar (Switzerland). He practiced as a litigator there for 10 years until he moved to Thailand in 1999. In 2002 he founded with a group of Thai lawyers Rene Philippe & Partners Ltd a local law firm that specialized in Cross Borders Investments and Real Estate. He has been lecturing in several Thai Universities and a speaker to numerous conferences and seminars. He is the author of a must read book:”How to Purchase Real Estate Offshore Safely: The Case of Thailand”.
What is a Non Immigrant Visa B ?
October 1st, 2010 doctor Foreign investors who wish to come into Thailand to conduct a business or to work must first obtain a Non Immigrant Visa B with a Royal Thai Embassy.
The Non Immigrant Visa B will allow you to stay in Thailand for a period of not more than 90 days at a time. This visa may be granted for a single entry or multi entries.
If a multi-entries visa is granted it may be for a period of 3, 6 or 12 months. During the multi entries visa period of validity you will be able to enter Thailand for a period of 90 days at a time. Multi entries visa B valid for a one year period are very rarely granted by Thai embassies nowadays
Note: It is also possible to change visa type once in Thailand providing that the legal requirements applicable to visa changes are fulfilled (We will discuss this matter in a future post therefore keep posted). Note that the change of visa to a visa B is only possible if the applicant will be working for a company that has more than one year of existence and has filed a balance sheet. Newly incorporated company (less than one year and no balance sheet filed) may not be used anymore to support a visa change
Note: We recommend you to apply for visa at the Thai Embassy/ Consulate in the country where you have your residence or from which you are a national.
Note: There are from time to time discrepancies between Thai embassies practices. Some embassies have the reputation to be more helpful than others. We cannot recommend you one embassy over another as the situation is changing constantly. Also note that Thai Ministry of Foreign Affairs and Thai embassies may abruptly change their practices without notice. Therefore please call the Thai embassy the closest from you location before to start the formalities.
What rights does a Non Immigrant Visa B grants you?
There are several categories of Non-Immigrant Visa B depending of the qualifications and specific of the case of the investor (i.e Category “B”, Category “B-A” and investment and business visa Category “IB”). In this post we will only discuss the Visa B to work in Thailand and the Visa B to conduct business in Thailand
Note: Holding a Visa B does not give you the right to work in Thailand. You will need to obtain a work permit before starting work. The only exception is for employees of BOI companies who can start to work once the BOI Company has received its BOI promotion license.
Note: Definition of work in Thailand is very broad (please see our post on work permits) so you may be deemed working even if you do not receive a salary.
What are the common requirements to obtain a Non Immigrant Visa B?
The common requirements for the obtaining of a Visa B, B-A or I-B to enter Thailand for a period of not more than 90 days are:
- Passport or travel document with validity of not less than 6 months;
- Completed visa application form.
- Recent passport-sized photograph (4 x 6 cm) of the applicant taken within the past 6 months.
Note: If you whishes to apply for a one year extension once in Thailand you will need a passport with a validity of not less than 18 months
Requirements specific to the Visa B to work in Thailand
A foreigner who wishes to work in Thailand must provide the following documents in addition of those mentioned above:
Personal documents:
You will need to provide the following specific documents:
- Evidence of adequate finance (20,000 Baht per person and 40,000 Baht per family).
- Letter attesting that the Ministry of Labor has accepted the application for a work permit that has been filed by your employer on your behalf.
In addition and if you have already worked in Thailand:
- a copy of work permit issued by the Ministry of Labor and alien income tax or Por Ngor Dor 91.
Supporting documents from your employer:
Your employer shall provide you with the following documents
(1) business registration and business license
(2) list of shareholders
(3) company profile
(4) details of business operation
5) list of foreign workers stating names, nationalities and positions
(6) map indicating location of the company
(7) balance sheet, statement of Income Tax and Business Tax (Por Ngor Dor 50 and Por Ngor Dor 30 of the latest year)
(8) value-added tax registration (Por Por 20)
Note: If the company who hired you is in the tourism business the document indicating the number of foreign tourists if it is in the export business a document indicating export transactions issued by banks N.B.
Note: Copies of company documents must be signed by the Board of Directors or authorized managing director and affix seal of company and must be recent
Requirements specific to the Visa B to conduct business in Thailand
If you wish to conduct business in Thailand must provide the following documents:
- Evidence of adequate finance (20,000 Baht per person and 40,000 Baht per family) for the duration of stay in Thailand
- Letter from the applicant’s company indicating the applicant’s position, length of employment, salary and purpose of visit(s) to Thailand.
- Documents showing correspondence with business partners in Thailand.
- Evidence of financial status in the case where the applicant is self-employed.
- Letter of invitation from trading or associated partners/companies in Thailand.
- Corporate documents of associated partners/companies in Thailand such as:
- (1) business registration and business license
- (2) list of shareholders
- (3) company profile
- (4) details of business operation
- 5) list of foreign workers stating names, nationalities and positions
- (6) map indicating location of the company
- (7) balance sheet, statement of Income Tax and Business Tax (Por Ngor Dor 50 and Por Ngor Dor 30 of the latest year)
- (8) value-added tax registration (Por Por 20)
Note: The copies of company documents must be signed by the Board of Directors or authorized managing director and affix seal of company and must be recent
Warning
The documents listed above are the minimal requirements applicable and the fact that you have provided all the documents requested does not always guarantee a favorable outcome.
Additional documents may be requested as and when necessary by the officer at the Thai Embassy.
In the absence of a required document, applicant must provide a letter explaining the unavailability of such document. For example the most common case is when an investor start a new business in Thailand. A company that has been just registered will not be able to provide documents listed under No 7 or 8 above. This absence may be overcomed providing that you explain it in the cover letter that accompany your visa application. However take note that this practice has been discontinued in relation on Visa B one year extension. For the time being Thai embassy still issue Visa B to directors of newly started company.
In the next post we will review the conditions applicable to the extension of a one year business visa.
About the Author:
The author Rene-Philippe DUBOUT is a lawyer since 1990 when he was admitted to Geneva bar (Switzerland). He practiced as a litigator there for 10 years until he moved to Thailand in 1999. In 2002 he founded with a group of Thai lawyers Rene Philippe & Partners Ltd a local law firm that specialized in Cross Borders Investments and Real Estate. He has been lecturing in several Thai Universities and a speaker to numerous conferences and seminars. He is the author of a must read book:”How to Purchase Real Estate Offshore Safely: The Case of Thailand”.
Thai Visas: Visa B one year extension
October 1st, 2010 doctor Extending a Non Immigrant Visa B for one year
A foreign investor conducting a business in Thailand or working for a Thai company may if all conditions and documentary requirements are fulfilled file an application and obtain a one year visa.
Condition and Documentary Requirements
A foreign investor may apply for a one year Visa B extention if he fulfill all the conditions below and if he able to provide all the supporting documents listed below:
(1) has been granted a non-immigrant visa (NON-IM).
(2) earn a minimum income as per the attached Table of Income (Annex A).
| Countries | Minimum Income in
Thai Baht |
| Europe (except Russia) and Australia, Canada, Japan, the United States of America | 50,000 per month |
| South Korea, Singapore, Taiwan, and Hong Kong | 45,000 per month |
| Asian Countries (except Japan, South Korea, Singapore, Taiwan, Hong Kong, Cambodia, Myanmar, Laos, and Vietnam)South America,Eastern Europe,
Central America, Mexico, Russia, South Africa |
35,000 per month |
| Countries in Africa (except South Africa), Cambodia, Myanmar,Laos, and Vietnam | 25,000 per month |
(3) The business must have a paid-up registered capital of no less than Baht 2 million.
(4) Said business must have submitted its financial statements as at the end of its fiscal year for the past two accounting years which have duly been audited and certified by a certified public accountant or a tax auditor, to prove that the business is sufficiently secure with actual and continuous operation, according to the guidelines for consideration of business status concerning the actual and continuous operation attached hereto (Annex B).
| Item | Documents |
| (1) Business conducted in accordance with registered objectives | (i) an affidavit/directors’ certificate certified by the Registrar within the past six months(ii) a form for submission of financial statements (Form Sor.Bor.Chor.3 or Sor.Bor.Chor.3/1) |
| (2) Audited financial statements certified by a certified public accountant or tax auditor(3) Reports of a certified public accountant or tax auditor with unqualified opinions, or if there are any opinions, such opinions shall not be in relation to the ongoing concerns of the business operation, reports of a certified public accountant or tax auditor, as the case may be(4) Transactions must be made for the assets, i.e. cash and deposits with financial institutions, trade receivables, inventories, current assets, and others as shown in the balance sheet
(5) Depreciation or impairment of assets under land, building, and equipment categories, balance sheet, notes to financial statements (6) Transactions must be made for the liabilities, i.e. trade payables, loans, current liabilities, and others as shown in the balance sheet |
(iii) balance sheet, notes to financial statements |
| (7) Notes to financial statements must not specify “no business operation” or “dormant”. | (iv) profit and loss statement, notes to financial statements |
| (8) Monthly value added tax returns must be filed for any business recorded for value added tax registration (all businesses that earn income by selling or providing services or from other main income of more than Baht 1,800,000 per year or in the amount which is required to be registered for value added tax by the Revenue Department) | (v) value added tax return forms (Forms Phor. Por. 30 or Phor. Por. 36) and receipts |
| (9) Special business tax returns must be filed monthly (for any business required to be registered for specific business tax). | (vi) special business tax return forms (Form Phor.Thor.40) and receipts |
| (10) Individual income tax returns must be filed monthly | (viii) employee withholding income tax return forms (Form P.N.D. 1) |
| (11) Social security contribution returns must be filed monthly. | (ix) general social security contribution return forms (Form Sor. Por. Sor. 1-10) |
(5) The business needs to hire foreign workers.
(6) The business must have a ratio of one foreign employee per four permanent Thai employees.
Remarks
Note: After a few weeks when this practice was discontinued by immigration newly registered companies (less than one years since their creation) may once again be used to support an application for a one year visa even if they may not provide audited financial requirements during the first year providing that they can provide proof that VAT is paid, Withholding Tax and Social Security are paid
Note: Some particular type of businesses may be exempted from some of the requirements. In particular, international trade business (representative office), Regional office, or Overseas company (branch office) shall be exempted from the requirements under criteria (3), (4), and (5). In addition said documentss will benefit of a special ratio of Thai employees. From four Thai employees for one foreigner the requirement is reduced to one Thai employee per permanent Thai employee.
Note: If you need to travel out of Thailand during the one-year extension period and leave and re-enter the country without losing your visa you are required to apply at the Immigration office for re-entry permit (single or multiple) before departure. If you leave the country without a re-entry permit your 1 year extension shall become void.
Reporting Requirement
At the end of the 90-day uninterrupted period of stay , you must report to the immigration officer of your residence area and report again every 90 days during your stay in Thailand. The 90 days period is calculated from your last actual entry (if for example you travel frequently in and out you recalculate the 90 days from the last time you enter Thailand)
Spouse
If your spouse is not eligible to apply for a Visa B or to benefit of a one year extention on her own she may obtain a Visa O relative which visa may also be extended for a period of one year. A marriage certificate must be provided as evidence and should be notarised by notary organs or by the applicant’s diplomatic or consular mission.
Alternatives
If you have for example an employer in Thailand, a work permit and a visa B but your employer or the company you are invested into does not fulfill yet all the requirements to support your one year visa (for example the company does not have yet four Thai employees) do not think that your situation may not be solved one way or another.
There may be other visas alternatives for you.
For example you may have a Thai children or a Thai wife or you may have a foreign children which is studying in a local high school in which cases you may qualify for one type of visa extention or another. Do not hesitate to contact us if you are not sure of what is the visa solution the more adapted to your case.
About the Author:
The author Rene-Philippe DUBOUT is a lawyer since 1990 when he was admitted to Geneva bar (Switzerland). He practiced as a litigator there for 10 years until he moved to Thailand in 1999. In 2002 he founded with a group of Thai lawyers Rene Philippe & Partners Ltd a local law firm that specialized in Cross Borders Investments and Real Estate. He has been lecturing in several Thai Universities and a speaker to numerous conferences and seminars. He is the author of a must read book:”How to Purchase Real Estate Offshore Safely: The Case of Thailand”.
Work Permit: Working with no Work Permit | Penalties
October 1st, 2010 doctor Working without a work permit is not something someone should take lightly as the penalties applicable are quite harsh.
Penalties applicable to the Foreign Employee
A foreign citizen who:
- is working without a work permit or
- doing work other than that specified into the work permit
Is punishable by a fine of 5,000 THB + 3 months of imprisonment maximum
A foreign citizen which perform work which is reserved to Thai citizen only and for which foreigners may not optain a work permit may be sentenced:
- to a fine of 2,000 up to 100,000 THB and a term of imprisonment of up to 100,000 THB.
However the foreign citizen charged with this offence and who agreed pleads guilty and voluntarily leaves Thailand within 30 days will be fined without a trial at 20,000 THB.
Note that since the enforcement of the new act Labor Officer have now the power to arrest foreign citizen working without a work permit.
Profession Reserved to Thais
There are 38 professions reserved to Thais as follows:
laboring, work in agriculture, animal breeding, forestry, fishing and farm supervision (excluding specialized skills for the branch, farm supervision or in the maritime fishing field), masonry, carpentry or other construction work, wood carving, driving of motor vehicles or non-motorized carriers (except piloting international airplanes), shop attendant and window salespeople, auctioneering, accountancy supervision, auditing or services in the accounting field (except occasional internal auditing), gem cutting or polishing, hair cutting, hair dressing or beautician work, hand weaving, mat weaving or fabrication of wares from reed, rattan, kenaf, straw or bamboo pulp, manual fibre paper making, lacquerware making, Thai musical instrument fabrication, nielloware fabrication v 17. goldsmith, silversmith, or other precious metalwork, bronzeware fabrication,Thai doll making, mattress or padded blanket fabrication, alms bowl fabrication,manual silk product fabrication, Buddha image fabrication,knife making,paper or cloth umbrella fabrication, shoemaking,hat making, brokerage or agency work (except international business), engineering work, civil engineering branch, which involves designing, drawing, calculation, organization, research, planning, testing, construction supervision or advisory work (except work requiring specialized skills),architectural work involving designing, drawing or estimating as well as construction supervision or advisory work, dressmaking, pottery or ceramics, manual cigarette rolling,tourist guide or tour organizing agency, hawking business,Thai character typesetting, clerical or secretarial work, legal or litigation service
Penalties Applicable to the Employer
Employers that hired foreign citizen without work permit are not subjected to imprisonment anymore but to a fine of 60,000 THB maximum (note: depending of the circumstances their might be one fine per director and one for the company).
At the end of the day the harsher consequence of working without a work permit is that one may depend of the circumstances end up on the infamous immigration black list. Therefore I would recommend you not to risk it.
About the Author:
The author Rene-Philippe DUBOUT is a lawyer since 1990 when he was admitted to Geneva bar (Switzerland). He practiced as a litigator there for 10 years until he moved to Thailand in 1999. In 2002 he founded with a group of Thai lawyers Rene Philippe & Partners Ltd a local law firm that specialized in Cross Borders Investments and Real Estate. He has been lecturing in several Thai Universities and a speaker to numerous conferences and seminars. He is the author of a must read book:”How to Purchase Real Estate Offshore Safely: The Case of Thailand”.
Thai company name registration
September 28th, 2010 doctor Prior to the legal formation of a company under Thailand Civil and Commercial Code, the company’s name must be approved and then reserved at the Thai authorities.
The applicant must be a partner, a promoter or a director of that company. The form for reserving the company’s name is available at the: (i) Office of the Central Company and Partnership Registration, Nonthaburi Province; (ii) Office of Business Registration Service (seven locations in Bangkok); and (iii) the various Provincial Office of the Company Limited and Partnership Registration and can be submitted in person, either by the partner, the promoter or the director or by an individual under a power of attorney in person or post. The company’s name reservation can also be conducted via the Department of Business Development website, www.dbd.go.th.
The maximum amount of names for each reservation is three and should be submitted in order of preference. If approval granted, it will be for only one of the names , with a thirty-day validity period , which means the application to form the company expecting to use such name must be filed at (i) or (ii) if its location is in Bangkok and at (iii) if its location is in other provinces, within thirty days after the approval.
It should be noted that a company’s name must not contain certain words or phrases, for example, names that are the same or similar to those of other registered companies or entities or those that have already been formally reserved for other purposes. Of course names of the royal family, ministries, bureaus, departments, government offices or organisations are also prohibited, unless special prior permission has been granted. Also names of countries, unless in brackets will not be approved.
Finally, names which are contrary to morality, public policy or public order may not be registered.
The company’s name must also include wording that indicates that it is: (i) a company; and (ii) its liability is limited. But also, the company’s foreign language name, if any, must have the same pronunciation or meaning as its Thai language name. It is the Registrar’s discretion as to whether or not the foreign language name has the same pronunciation or meaning as in the Thai language. Thus, it may be that the spelling submitted, even if correct in the submitted language, and even if it is a personal name, may be rejected, at least initially. For example, in one case from our own experience, a company name reservation was rejected because part of the company’s name was one of the German promoter’s name as that promoter spelled it in English. However, according to the Registrar, it was spelled “incorrectly” in English.
What happened then? Did said German promoter have to give up how he actually spells his last name and use whatever spelling that the Registrar deemed appropriate? Fortunately, the answer was “no”. In that and any such case, the following documents were and can be submitted to the Registrar at the head Company’s Name Reservation Division, Office of the Central Company and Partnership Registration, Nonthaburi Province:
1) A letter from one of the promoters explaining why that specific word in the company’s foreign language name should be spelt that way and disavowing any claim against the Registrar by the applicant for registering the name with a spelling that the Registrar does not think is correct;
2) A copy of the German promoter’s passport, to show the Registrar how his last name is spelt;
3) Two original copies of the completed application form for reserving company’s name signed by the same promoter who signs the letter mentioned in (1) together with a signed copy of his passport; and
4) A signed copy of an attorney-in-fact’s identification card and house registration (if the promoter does not submit the documents by himself).
After reviewing the documents in the example case, the Registrar allowed the promoters to use the company’s name with the applicant’s previously disputed spelling.
Reproduced courtesy of DK Tax and Law www.dktaxandlaw.com
