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Answereda year ago

What is the process for setting up a business in Thailand as an expat and transitioning from a DTV to a Non-O marriage visa?

Optimistic***********
asked May 16, 2025
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Im on a DTV now but plan a long term marriage visa soon. Has anyone gone through the process of setting up a business in Thailand? I did my LLC in the States in about 5 minutes I dont think its nearly that easy here. Should I break down and get a lawyer? Recommendations?
Answer summary
The post discusses the transition from a DTV (Digital Nomad Visa) to a marriage visa in Thailand and the complexities of setting up a business. Commenters advise utilizing the DTV fully before switching visas and highlight the challenges of business ownership, including the requirement for Thai majority ownership and the need for a work permit, which is not available on a DTV. It's recommended to hire a lawyer for legal assistance, particularly for drafting necessary documents and understanding the implications of different visas, such as the Non-O marriage visa, which allows business activities and employment.
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Kool *******
Kool *******
Yes, by all means use a lawyer. If for nothing else you will need one at least to professionally draw up your articles of incorporation, and stockholder bylaws. Siam-Legal.com is very good. You can not work doing business in Thailand on a DTV. Also, a type O visa extension based on Thai wife allows you to work, without needing a type B extension. This takes away any threats an employer can make concerning losing your right to be here if you get fired.
Greg ********
Greg ********
If you are an American Citizen have a look at the "Amity Treaty" regarding opening a business. It is easier than for other nationalities.
Tod *********
Tod *********
I'd say milk ALL the time from the DTV that you can (get your 5 years out of it) BEFORE you decide to switch to a yearly marriage visa/extension.
Optimistic***********
Optimistic***********
OP
@Tod ********
but I cant do any business under my DTV right
Tod *********
Tod *********
OptimisticSeahorse231 not in thailand you can't, the DTV is an employment prohibited visa class (you can work for companies OUTSIDE the country but can't generate any income from inside the country)

Face it, you're a good ways away from setting up a business, so there's no gun to your head to switch visas so you can work inside the country.

Take it a step at a time, get the business set up, THEN worry about switching from a DTV to first a 90 day Non-O visa based on marriage to a thai, and then to a year extension for the same reason.
Marianne ********
Marianne ********
The only reason I'd change from DTV to Non-O marriage is if I was aiming for Thai Citizenship. Or making a legit business in Thailand. Or a combination of those two. :P
John **********
John **********
Not so simple in Thailand. You can only own 49% of the business, Thais must own the majority. If you intend to work in the business you will need a work permit, which you can't get on DTV but can on a Non-O Marriage visa, but will need to employ 2 full time Thai employees and pay them at least minimum wage to qualify for the work permit
Declan *******
Declan *******
@John *********
not true as a US citizen you can legally hold 100 % of the company
Kool *******
Kool *******
@Declan ******
depending on the type of business, and setting it up under the BOI, the owner, no matter what country he/she is from can own 100%, and only has to have at least one Thai employee, and can even be part time, as every business must have a licensed Thai accountant, with no exceptions, except for occasional internal audits.
John **********
John **********
@Declan ******
what makes you think he's from the US? But yes if American he can set up a company under the Amity Treaty
Anonymous ******************
Anonymous ******************
My advice: keep your DTV. Personally, I’d recommend avoiding marriage, starting a business, or buying property in Thailand. But hey, to each their own.😜

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