Ask Belaws
Real questions from people starting, running and living in Thailand, answered directly by our legal team from actual client files.
Can I own land in Thailand through my company?
It depends. A Thai company may be able to own land, but if the company is considered foreign under Thai law, restrictions will usually apply. Using a Thai company simply to allow a foreigner to own land through nominee shareholders is illegal and carries significant legal risks.
Can a foreigner buy a condo in Thailand?
Yes. Foreigners can purchase and own a condominium in Thailand, provided the unit falls within the building’s foreign ownership quota. The purchase funds must also normally be transferred into Thailand from overseas in foreign currency and properly recorded as part of the purchase process.
Do I have to register my employees for social security?
Yes. In Thailand, companies must register new employees with the Social Security Office (SSO) within 30 days of hiring them. This requirement applies to both Thai and foreign employees, although foreign employees must first obtain a valid work permit before they can be registered with the SSO.
What is withholding tax and why did my Thai client pay me 97% of my invoice?
Withholding tax is a tax your Thai customer deducts before paying certain invoices. If you received 97% of the invoiced amount, your client has most likely withheld 3% and paid it directly to the Thai Revenue Department on your behalf. This is a normal part of doing business in Thailand
Does every Thai company need an annual audit, even a tiny one?
Yes. Every company registered in Thailand must complete an annual audit, even if it is very small, has never traded, or had no income during the year. The audited financial statements must then be submitted to the Ministry of Commerce within 150 days of the company’s financial year end.
What corporate income tax rate does a small Thai company pay?
Small Thai companies may qualify for reduced corporate income tax rates, depending on their paid-up capital and annual income. Eligible companies pay 0% on the first THB 300,000 of net profit, 15% on the next THB 2.7 million, and 20% on profits exceeding THB 3 million.
When does my Thai company have to register for VAT?
A Thai company must register for VAT within 30 days of its annual taxable turnover exceeding THB 1.8 million. VAT registration is also required if the company employs foreign nationals, regardless of its turnover. Some businesses also choose to register voluntarily before reaching the threshold.
My company had no income this year. Do I still need to file accounts?
Yes. Even if your company had no income or no trading activity, it must still maintain accounting records, file its tax returns, and prepare audited financial statements. Thailand does not recognise a dormant company status and does not exempt businesses from their accounting compliance obligations.
Is money I transfer into Thailand taxed now?
Not necessarily. Bringing money into Thailand does not automatically mean you have to pay Thai tax. Whether tax is due depends on your tax residency, the type of income, when it was earned, and whether an exemption or double taxation agreement applies.
If I stay 180 days in Thailand, do I pay Thai tax on my foreign income?
Not necessarily. Staying in Thailand for more than 180 days in a calendar year generally makes you a Thai tax resident, but that does not automatically mean your foreign income is taxable. Whether tax is due depends on the type of income and whether an exemption or double taxation agreement applies.
How long does it take to get a work permit in Thailand?
In many cases, around 7 working days after submitting a complete application. However, the overall process is often longer because applicants must first obtain the correct visa, prepare the required documents, and satisfy the eligibility requirements before the work permit application can be submitted.
What counts as work under Thai law?
Thailand has a broad definition of “work.” It is not limited to paid employment or receiving a salary in Thailand. Depending on the circumstances, activities carried out for a business or employer, such as signing a document, may be regarded as work, even if you are paid overseas or receive no payment at all.
Can I do volunteer work in Thailand without a work permit?
Generally, no. Volunteer work can still be treated as work under Thai law, even if you receive no salary or other payment. In most cases, foreign volunteers will need the appropriate visa and work permit before carrying out volunteer activities in Thailand.
Can my own company sponsor my work permit?
Yes. Your own Thai company can sponsor your work permit, as long as it meets the eligibility requirements. These include minimum registered capital, a minimum number of Thai employees, and evidence that the business is operating genuinely. Different rules apply to BOI-promoted companies, foreign nationals married to a Thai citizen, and holders of the Long-Term Resident (LTR) Visa.
How many Thai employees do I need to hire to get a work permit?
In most cases, a company needs to employ four Thai employees for each foreign employee applying for a work permit. However, there are some important exceptions.
Can my family come with me on my business visa?
The spouse and dependent children of a foreigner holding a Non-Immigrant B (Business) visa can apply for dependent visas to live in Thailand
How does 90-day reporting work and what happens if I miss it?
Anyone staying in Thailand for more than 90 consecutive days must report their current residential address to Immigration every 90 days.
What happens if I overstay my visa in Thailand?
Overstaying your visa in Thailand is an immigration offence and can result in fines, detention, deportation, and being banned from re-entering the country, depending on the length of the overstay and the circumstances. The longer the overstay, the more serious the consequences are likely to be.
What are the real requirements for the LTR visa?
The LTR Visa is not a single visa with one set of requirements. It has four different categories, each with its own financial, employment or investment criteria. Qualifying depends on your circumstances, so meeting the requirements for one category does not mean you automatically qualify for another.
Can I work with a Thailand Privilege (Elite) visa?
No. A Thailand Privilege Visa (previously known as the Thailand Elite Visa) does not allow the holder to work in Thailand or apply for a work permit. If you want to work for a Thai employer or operate a business in Thailand, you will need the appropriate visa, usually a Non-Immigrant B visa together with a work permit.
Can I work in Thailand on a marriage visa?
Yes. A marriage visa allows you to live in Thailand as the spouse of a Thai national, but it does not automatically give you the right to work. If you want to work in Thailand, you must still have a work permit. However, marriage visa holders benefit from reduced work permit requirements, including lower registered capital and Thai employee quotas.
Retirement visa: can I use the monthly income method instead of 800,000 baht in the bank?
Yes, if the minimum requirements can be satisfied. Instead of maintaining 800,000 THB in a Thai bank account, eligible applicants may be able to qualify by proving a monthly income of at least 65,000 THB.
Is working remotely on a tourist visa in Thailand actually illegal?
Yes. A Thai tourist visa is issued for tourism and does not authorise work. While some people believe working remotely for an overseas employer is acceptable, Thai law does not provide a general exemption for remote work on a tourist visa, which means it can create immigration and employment law risks.
DTV or LTR visa: which one should a remote worker choose?
The right visa depends on your circumstances. The Destination Thailand Visa (DTV) is designed for remote workers seeking flexibility, while the Long-Term Resident (LTR) Visa is intended for higher-income professionals who meet stricter eligibility requirements and offers additional long-term immigration and tax benefits for qualifying applicants.
How long does the 500,000 baht need to sit in my account for the DTV?
The required THB 500,000 should be held in your bank account for at least three months before applying for the DTV. If you later apply for the one permitted 180-day extension, you should also expect to show that the funds have been maintained for the three months before the extension application.
Can I freelance for Thai clients on a DTV visa?
The Destination Thailand Visa (DTV) is designed for people who work remotely for overseas employers or foreign clients. It does not allow you to work for Thai companies
Is a BOI company the only way for a foreigner to own 100%?
While BOI promotion is a popular choice for foreigners looking to own 100% of a Thai company, it is not the only option.
Can a software company or digital agency get BOI promotion?
Many software companies, digital agencies, and technology businesses can qualify for BOI promotion in Thailand, provided they meet the relevant eligibility requirements.
Does BOI promotion mean my company pays no tax?
Receiving a BOI promotion does not automatically mean your company receives a corporate income tax exemption. The incentives awarded depend on the promotion category and the nature of the business.
How long does BOI approval take and what does it cost?
Most straightforward BOI applications are approved within approximately three to six months, although the exact timeline depends on the project’s size, complexity, and investment value.
What is BOI promotion and is my business too small for it?
A BOI promotion is a Thai government programme that encourages investment by offering benefits such as tax incentives, 100% foreign ownership, and simpler visa and work permit requirements. Many businesses, including those in manufacturing, digital services, technology, and other promoted industries, may qualify if they meet the BOI’s eligibility requirements.
Can I run my Thai company from abroad without living in Thailand?
You do not have to live in Thailand to own or manage a Thai company. However, the business must still meet its ongoing legal and tax obligations,
Representative office, branch office or Thai subsidiary: which one do I need?
It depends on what you want your business to do in Thailand. A representative office cannot generate income
Should I buy a shelf company instead of registering a new one?
Usually not. While buying a shelf company may appear faster, it often requires significant restructuring before it is ready to use.
What is a Foreign Business License and when do I need one?
A Foreign Business Licence (FBL) is official permission from the Thai government that allows a foreign-owned company to carry out certain business activities
Can a foreign director open a Thai corporate bank account?
There are certain strict requirements that must be followed. Thai banks require the foreign director opening the account to visit the branch in person.
Do I need a physical office address to register a Thai company?
Every Thai company must have a registered address when it is incorporated. However, this does not necessarily mean you need to rent your own office
Should I open a Thai company or keep my US LLC as a digital nomad?
It depends on how you work and where your business operates. If your clients, income and business activities remain overseas, keeping your US LLC may be appropriate
Can my Thai spouse own the company while I run it?
Possibly, but only if the ownership structure genuinely reflects the reality of the business. A Thai spouse can legally own shares in a company, but using a spouse purely to hold shares
Can I register a Thai company while I am on a tourist visa?
Yes. A tourist visa does not automatically prevent you from registering a Thai company. However, registering a company is different from working for it.
Do I actually have to deposit the 2 million baht registered capital?
Not always. Registering a Thai company with THB 2 million in registered capital does not automatically mean you must deposit the full amount into the company’s bank account immediately. However, the capital must be genuinely subscribed, and in some situations you may be expected to show that it has been paid into the company.
How much does it really cost to set up a company in Thailand?
It depends on your business and how much help you need. While the official government registration fees are relatively modest, the total cost of setting up a company often includes legal or accounting fees, registered address services, visa and work permit applications, and ongoing compliance costs.
Are nominee shareholders illegal in Thailand?
Yes, the use of nominee shareholders is illegal under the Foreign Business Act. A Thai nominee shareholder is someone who holds shares in name only to help a foreign investor get around Thailand’s ownership rules. They are not the real owner and have no genuine control of the company.
Do I really need a Thai partner holding 51% of my company?
Not always. Whether you need a Thai majority shareholder depends on the type of business you want to operate. Some businesses, such as manufacturing and export, can be 100% foreign owned, while others may qualify for BOI promotion or another exemption. However, many business activities are restricted under the Foreign Business Act, so a Thai partner will be needed.
Can a foreigner own 100% of a company in Thailand?
Yes, but not for every type of business activity. Foreigners may own 100% of a Thai company if the business qualifies for BOI promotion, the US-Thailand Treaty of Amity, a Foreign Business Licence, or where the company carries on only unrestricted business activities. Otherwise, foreign ownership is generally limited to 49% for restricted activities.
Can a foreigner own 100% of a company in Thailand?
Yes, but only through three routes: BOI promotion, a US citizen using the Treaty of Amity, or a Foreign Business License. Outside these, foreign ownership of a Thai limited company is capped at 49% for most business activities, with the majority held by Thai shareholders.