Thai knowledgeable bros - company formation

rusvik

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Jan 21, 2011
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Would appreciate advice here. I am going to open a Thai company, but was quted 50K + 19K baht for the priviledge of a Thai Ltd and then 90K for a BOI application. That seeems like a steep price compared to my HK corp.

Is it possible to do this cheaper?

How are the rules about employees? I don't want to hire any employees until I get the BOI, so I can get more work permits.

I also was told that the 2 million capital didn't need to actually be present at formation, is this true?
 


Don't take any of this as gospel but you can do it yourself (apparently) if you have the patience (including the BOI application). I'm pretty sure you need 2 Thai's (you trust!!!) as foreigners aren't allowed to own more than 49% of a company. You don't need the 2 million baht but you pay the applicable tax on it. The more foreign employees you want the more registered capital you have to have (on paper). You get a lot easier ride with BOI so it's pretty important (apparently easy to get for software companies).

I left Thailand in March after living there for 7 years, I'd say this is going to be one big headache, do you really need to do this?
 
Does that mean you will be the WF goto guy for hooking up a brethren with working permits :)
 
I want a company because I want a workpermit, because I will live on-off in Thailand for the next two years. I don't want any of the visa run stuff and having to keep quiet about my business. Just want to be legit and maybe hire some interns for cheap to help with the SEO and stuff.

But because Thailand has such archaic labor laws, you practically need a BOI to save on the hassle and tax (0% for 8 years).
 
Does that mean you will be the WF goto guy for hooking up a brethren with working permits :)

Well, it will still cost money to get new work permits with a BOI, but infiintely cheaper than the LTD, so sure, as long as people will pay their own expense and can contribute in some way to my biz. Don't want to sponsor people who go on yabaa and ladyboy binges before being deported.
 
you can get a workpermit on craigslist for 15,000 baht unnegotiated and you don't have to work. also are you sure you won't have to run every 3 months despite having one?

medical visas for 3 months at 12,000 baht unnegotiated. no visa run and can get multiple.

can just get an EDU visa for maybe 30k and never have to go to school.

craigslist, bangkokpost, etc.
 
^ But I do actually want to be legit, since I don't want to be one of those people give foreigners a bad name in Thailand.
 
I know several people with BOI, it's really not that difficult in this business. Pay up, wait, get it.

It's just relatively expensive for the benefit, but still beats having to go below the radar and watching out for jealous losers (who are very common in Thailand).
 
^ But I do actually want to be legit, since I don't want to be one of those people give foreigners a bad name in Thailand.

That's actually a very big mistake, you can never avoid the shit 100% no matter how legit you become. Third world countries has rules that sometimes contradict itself. Going legit will usually means you pay more but can still get fucked in the ass like everybody else.

I'd suggest you asked what works and forget about being legit, a lot of people here are probably doing what you're thinking of doing in Thailand already.
 
A work permit is not a visa. Don't confuse the two. A work permit gives you the right to work in the country. The visa allows you to stay in the country. I know plenty of people with work permits who still have to do 90 day visa runs.

Even a ED visa will require you to go to immigration every 90 days to renew your visa. That's better than jumping on a bus to Laos or Cambodia but still a pain in the butt (I know).

From a tax perspective you would probably be better off registering a company in Singapore or Hong Kong.

If you're strictly interested in having a work permit you can always buy an existing company. For instance, buy an internet cafe and run your IM business from the back room.

To be honest, if I was running an IM company, and I had no Thai clients, I would not do it in Thailand. Run the company from Thailand. I've talked with a few lawyers and basically the Thai internet laws have not kept up with technology. They don't know where you're earning your income if you do it online and it doesn't involve a Thai citizen.

Thai staff and anything tech related is a waste anyway.
 
If you're planning to live in Thailand long-term, and have an extra 2 million baht laying around, it looks like they're reviving the Thailand Elite Card program. The Thai cabinet just approved it:

Plan to revive Elite Card : TTR Weekly

Basically, 2 million baht, and you get 4 x 5-year VISAs, lasting you 20 years. You only have to check in with immigration every 12 months instead of 90 days, and even the annual check-ins can be done within country. I guess things like a work permit are no problem, and basically just given upon asking. Then you get faster immigration lines, free limo service from BKK to downtown, discounts at golf courses, hotels, etc...

I know 2mil seems expensive, but if you're planning to live here long-term, I figure it's worth it. Fucking around with the 90 day thing, annual out-of-country trip, business / school fees, application fees, etc... costs at least 100k/year. So just pay for it all upfront now, and you're good go for 20 years without worry or hassle. You'll only have to renew your VISA three times during the entire 20 year period, instead of this yearly shit.
 
Regarding the Elite cards . . . stay away. Or at least talk to someone who is a current holder of the Elite card.

The old program ran up about 1 billion THB in debt and was near insolvency. Without the infusion of cash from the tourism authority (only 500 million THB) they would have gone belly-up and left card holders holding the bag.

Here's the reaction from expats.

Thailand's Elite Card Refuses To Die - Thailand News - Thailand Forum

Basically, it seems like a giant ponzi scheme. The Thaksin government implemented the original program and after he was tossed out in the coup in 2006 the next government decided to let it die since it made no economic sense. But now that Thaksin's sister, Yingluck, is now the Prime Minister they're dusting it off and trying to push it out there again.

It's no different than the rice scheme, credit cards for farmers, 5 baht medical care, etc programs that Thaksin engineered. They sound great but they're not sustainable. But, like many politicians, the Shinawatra's don't really care if it's sustainable. They only care if it will get them elected or bring in large amounts of cash that they can steal.

And considering the fact that since Thailand became a democracy, they've averaged a coup every 5 years (11 successful coups and 9 failed coups in the last 100 years), I highly doubt that card will be worth the plastic it's issued on in 20 years.

Some people have gotten their money's worth out of the program but it's usually via all of the perks (the ones that have since disappeared when the program started running into financial trouble).
 
Correct me if I'm wrong, but haven't they kept their end of the bargain for the most part? Ok, they renegged on the land ownership deal, which understandably pissed alot of people off. Then I think there's some small things like putting a limit of 24 times per-year you can get golfing, and things like that.

Other than the land ownership ordeal, haven't all promises been kept for the most part? Maybe I'm wrong, but I've never heard of someone's 5 year VISA being cancelled, or anything of that nature.
 
Correct me if I'm wrong, but haven't they kept their end of the bargain for the most part? Ok, they renegged on the land ownership deal, which understandably pissed alot of people off. Then I think there's some small things like putting a limit of 24 times per-year you can get golfing, and things like that.

Other than the land ownership ordeal, haven't all promises been kept for the most part? Maybe I'm wrong, but I've never heard of someone's 5 year VISA being cancelled, or anything of that nature.

I'm not sure renegging on the land thing is considered keeping their end of the bargain. That was one of the primary selling points when they first introduced it.

Also, the program was on the verge of bankruptcy until the tourism authority decided to revive the program. Benefits didn't cease but would have had the tourism authority not pumped in new capital.

To me, that sounds like the typical Thai government way of handling things. Nobody wants to lose face heading a doomed program so they repackage it, keep it alive until they can transfer out, get it out of their portfolio, or retire, and then let someone else deal with the fallout.

Anybody, especially a foreigner, who thinks the Thai government is going to give them a fair shake is setting themselves up for disappointment.

The problem is multi-level:

1. Thai governments are not stable. What they tell you today is only good as long as that government still holds office (and maybe not even that long).

2. The Thai government has shown a pattern of fawning over foreign dollars but showing a considerable dislike of foreigners. Everything from business ownership to the right to own property (or lack thereof) is set up to leave foreigners on shaky ground with little legal recourse and limited rights.

3. All bets are off when the king dies. Thailand is a powder keg waiting to explode right now. The king's death will be the spark that lights the fuse.

If the purpose of purchasing the Elite card is simply for visa purposes, and that might be the only thing that's left when it goes bankrupt again, the math is way, way off.

Cost of renewing a visa: 5,000 baht for multi-entry
Cost of visa run to Laos or Cambodia: 3,000 baht

That's 32,000 baht a year if you leave the country every 90 days. Or 640,000 baht over 20 years.

Even if you factor in spending a little cash in Laos or Cambodia on your visa runs (Laos you get the visa next day so one night in Laos and Cambodia (at Poi Pet) is same-day), maybe it runs you 1 million baht.

Plus, you're not factoring in the fact that $60K USD in my bank account will $150K - $200K in 20 years (assuming a compounded return of 5%).

The only way that the Elite card makes sense is if you can max out the perks. If you're taking a limo from the airport several times a week, golfing a few days a week, etc, you might make your money back and overcome the loss in income that your money could be earning.

If you're doing it just for the visa, it's a horrible investment.

Plus, I think you mentioned that "you think" that a work visa would just be handed to you upon asking. Uhm . . . as I said in my original post in this thread, visas and work permits are two entirely different things. They're not even handled by the same branch of the government.

That's the reason work permit holders end up doing the 90 day shuffle. They get a visa that's only good for 90 days (usually multi-entry) even though their work permit is good for a year.

The fact that the Immigration Department and the Board of Labor haven't reconciled that glaring issue should tell you how easy it will be to walk into the Labor Board and just be handed a work permit.

And the Elite card is not for people trying to bypass the normal work permit requirements. It's designed for rich people and retirees to stay in the country and spend money. Those people aren't working in Thailand and the Elite card was not designed for that purpose.