Answered7 years ago

Can foreign business owners operate a Thai registered business without a work permit?

Work Permit Thai Business Operations Foreign Business Owners SMART S Visa Thai Limited Company Emergency Decree Changes

David ****************

asked Dec 16, 2019

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I recently read some comments here that business owners could operate their Thai registered business without a work permit. I googled around a bit and guess this was part of last year's work permit changes in the 2nd part of the emergency decree related to that? Can anyone confirm this and expand on what it means to "operate" a business? Would this mean that a consultant who didn't want or need Thai staff could open a Thai LLC and operate without a work permit?

Answer summary

Yes, foreign business owners may operate a Thai registered business without a work permit under specific conditions, particularly with the SMART S visa, which allows this exemption. However, a Thai majority owner is still required unless a BOI promotion is obtained for the company.

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Dimitri ********

Unless you are targeting Thai customers, you are better off with a UK LTD or something similar. $50 and 10 minutes is all you need.

7 years ago

David ****************

@Dimitri *******

The person I am asking for has a foreign company that immigration is aware of and so far has not had a problem with. "So far" is the key, though. The goal here is to figure out a way to ensure full compliance. The person has kids in school so wants to ensure there is no reason he can be kicked out at least until the kids finish school.

Are you suggesting to get a foreign business license in Thailand? It seems that in the same decree mentioned, representatives of a foreign bussiness also do not need a work permit. From what I'm reading, a foreign bussiness license looks even harder to obtain, though.

7 years ago

Roland *******

What you read might have referred to the SMART S visa. It does indeed allow operating a Thai Limited Company without the need of a work permit - and therefore bypasses the need for Thai staff.. You will still need a Thai majority owner though, unless you manage to get a BOI promotion for your company.

7 years ago

Zabel ******************

@Roland ******

It ain't that easy Rob

There is a lot more in to it

7 years ago