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What are the requirements for opening a business in Khon Kaen under the Elite Visa in Thailand?

Elite VisaBusiness in ThailandVisa for foreignersThai business partner requirementsBusiness licensesAnimal caféUS-Thai Treaty of AmityWork permit rules
Oct 27, 2020
4 years ago
Jake *******
ORIGINAL POSTER
In April I purchased the 5-year elite visa but I have a great idea for a brick-and-mortar business I would like to explore. What would be required for me to create this business in say, Khon Kaen? Would I have to find a Thai business partner, and would they have to own 51% of the business? Would I have to employ 4 Thais for every farang (and does that include myself)? What licenses would I have to get (it's a type of animal café/restaurant)? I heard I can also apply for a business visa which can combine with the elite visa. Is that true? Would I be able to get a business visa (instead of the elite visa) which could be renewed indefinitely if it is successful? Thanks!
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TLDR : Answer Summary
The post discusses the potential of opening a brick-and-mortar business in Khon Kaen under a 5-year Elite Visa. The user inquires about the necessity of a Thai partner, ownership percentages, hiring regulations related to foreigners, required licenses for an animal café, the possibility of obtaining a business visa alongside the Elite Visa, and the renewal process for the business visa. Responses suggest that under the US-Thai Treaty of Amity, Americans might be able to wholly own a business without needing a Thai partner, and they do not need a work permit for employment in their own company. However, employment of additional foreigners must adhere to the 4-to-1 Thai-to-foreigner hiring ratio.
Sam *********
I am under the impression that you cannot hold a work permit with an elite visa as it’s basically a glorified tourist visa…
3 years ago
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Eddie *******
Just to be clear. Does the 2018 ruling about not needing a work permit to work at your own company, only apply to the USA treaty businesses?

Thanks
4 years ago
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Ivan ************
I don't think there is any relation, it applies to any foreign business. It applies to company directors, what isn't clear to me is the scope of work a company director might be allowed do. High level management of the company for sure but can a director do everything in a company that they own themselves or is it meant to be limited to "management".

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66/who-needs-a-work-permit-making-rules-simpler-creates-complications
4 years ago
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Ivan ************
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Chulala **********
2m registered

4:1 farang

4m registered

8:2 darang

Farang 49

Thai 51
4 years ago
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Garrett ***********
@Chu****
 4:1 and 8:2 are the same thing.
4 years ago
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Chulala **********
@Garrett **********
 8:2 4m

I registered 5m

Can have only 2 farang with 8 thai
4 years ago
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Garrett ***********
@Chu****
 No, you can have 20 foreigners with 100 Thais. 4:1 is the ratio set by the The Alien Employment Act
4 years ago
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Chulala **********
@Garrett **********
 2 enough lol
4 years ago
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Chulala **********
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Garrett ***********
Assuming you're American based on your other posts about customs, you are eligible for protection under the US Thai treaty of Amnity. It's a little process, but it allows Americans to own 100% of a company in Thailand. Pursuant to the 2018 emergency royal decree, business owners do NOT need a work permit to work for their own Thai company.

You could set up your company and be a 100% owner, while maintaining your PE visa. If you wanted to hire another foreigner, you'd need to meet the
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thai/foreigner ratio.
4 years ago
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Dominique **********
@Garrett **********
 thank you for sharing this valuable information. New to me! I am a US citizen and I am looking to invest in Thai entrepreneurship startup, currently investigating the law and governance arrangements. your post is on point. Thanks much 🙏 very helpful input.
4 years ago
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Jake *******
ORIGINAL POSTER
@Garrett **********
 Why did you stop pursuing this? What kind of business did you want to create? Define "office." Can it be the building I rent where the business is located? I just have to rent it for 3 months? What exactly do I have to publish in the Royal Gazette? An opening announcement? In which part of the website can this be found? I'd like to see an example.

So I can set up a sole proprietorship or a limited company. I'll have to do some research on this as I don't know the difference. Is this really necessary though for a small café?
4 years ago
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Garrett ***********
@Ja**
 Long story. Your business has to have a commercial address that someone will visit (labor department or someone, I honestly forget who). It cannot be a residential address like your condo. The ministry of commerce will tell you what and when you publish, but that's after you're granted the forign business certificate.

If you're just doing a coffee shop, the easiest way is as a sole proprietorship. Taxes are paid differently depending on the structure but basically if you make less than 1m baht a year you don't have to do much with taxes as a sole proprietorship.
4 years ago
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Jake *******
ORIGINAL POSTER
@Garrett **********
 Thanks for the info (y)
4 years ago
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Jake *******
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Gerald **********
@Ja**
 Following. will be doing the same...
4 years ago
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Jake *******
ORIGINAL POSTER
@Garrett **********
 Wow! I've never heard of this. So what would be required for me to set up the business once I've found a suitable building to rent? Do I need to register the business with the Ministry of Commerce? Do I need to apply for a license to sell food/drinks?
4 years ago
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Garrett ***********
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4 years ago
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Jake *******
ORIGINAL POSTER
@Garrett **********
 I found the answer to my first question: "THB 2,000 application fee and THB 20,000 for certificate."
4 years ago
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Garrett ***********
@Ja**
 Yepp, plus all the documents you submit must be written in Thai. You have to have a office with minimum 3 month lease term, and publish to the Royal Gazzet, so add a couple thousand baht along the way.

I tried doing it myself and got as far as the first meeting with at the MoC. I'd recommend you go that route and talk to the guy there, they are really helpful and friendly. Basically there are 2 pathways, you can do a sole proprietorship were you do business as yourself (can't get a visa or wp in the future) or you setup a limited company. Both have pros and cons. If you hire a law firm it will run you 55-75k baht for them to do it for you and honestly, I'd probably recommend that route if you want to setup a limited company. I can recommend a couple in Bangkok if you want.
4 years ago
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Jake *******
ORIGINAL POSTER
@Garrett **********
 Good info thx 👍 How much does it cost to register a business with the MoC? Is there a monthly or yearly fee? Stupid question: Would I then have to pay provincial and/or federal taxes every year? What would the tax rate be for a small restaurant or café?
4 years ago
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Jake *******
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Garrett ***********
@Ja**
 Yes, you need to register your business at the Ministry of Commerce. The whole process takes 6-8 weeks, and you start by going to the US embassy and getting a letter affirming you are eligible for protection under the treaty. Then take that letter to the MoC. Start by going to the US citizen services at the US embassy in Bangkok and have your passport notarized ($50). They will show you where the US embassy commercial section is ( 2 buildings down). Take your passport there and get your letter. It take 3 days and costs $100.
4 years ago
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Garrett ***********
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Garrett ***********
Jake, what is your nationality?
4 years ago
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Ian *********
Thank you. What a shame
4 years ago
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Ian *********
Interesting facts. what about Uk citizens. Anything similar?
4 years ago
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Garrett ***********
@I**
 There is a pathway, setting up a company with a foriegner business license or a BOI company. I don't know much about either, but I know it's difficult.
4 years ago
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Garrett ***********
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Jake *******
ORIGINAL POSTER
@Garrett **********
 American
4 years ago
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Jake *******
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