Q: My passport does not contain any blank "Visa" pages. Can the visa be issued on the "Amendment" pages?

A: No. The visa will only be issued on a blank visa page. The visa page cannot have any type of marking, stamp, note, etc. If your passport does not contain a blank visa page, you must contact your embassy or appropriate passport agency which issues the passport of your country and request additional visa pages or a new passport. The Royal Thai Consulate General cannot add visa pages for you.

Q: How can I extend my visa while in Thailand?

A: You should apply to the Thai Immigration office before the visa expires. Whether or not the visa will be extended is strictly up to the Thai Immigration officer.

Q: I will be in Thailand on business for less than 30 days. Do I need to obtain a visa?

A: Yes. The "30-day-visa-on-arrival" is for Tourism only. If you will be in Thailand on business, you must apply for a "Non-Immigrant - Category B" visa.

Q: My spouse is Thai and we will be visiting his/her family for more than 60 days. Can I obtain a Non-Immigrant Visa for visiting our relatives?

A: Yes. You would need to submit a copy of your marriage certificate along with the other required documentation for a visa and state on the Visa Application that the purpose of your trip is "visiting family or relatives

Q: What do you mean by "passport must be valid for at least six months?"

A: Your passport must not expire within six months from the date you apply for the visa to Thailand. This does not mean that your passport must be at least six months old.

Q: Referring to your answer "Thai women who are married to foreigners are now allowed to own property....." My question is: Is 'property' that you mentioned limited to condo, apt. or include land as well? if so, Can we 'foreigner+thai' jointly own that property?

A: A foreigner + Thai can jointly own a condo. But not any other type of property. A Thai woman can own landed property in her own name even though she is married to a non Thai. Hope this clears up your question.

Q: Any property exchange market ? I have a Florida USA income property , and would consider exchanging it with a Thai property,income or commercial

A: a very simple answer,..... NO exchange market to speak of.

Q: I'm a Korean. I just want to know if I want to buy a hotel in bangkok, is it possible even I'm foreigner and how?

A: There are various ways for a foreigner to own a substantial property such as a hotel in Thailand. Unfortunately it is difficult to explain them in this forum. I suggest you contact a reputable lawyer or international real estate agent who can explain the various methods in depth.

Q: There are some keenly priced properties and land advertised "for sale" on the market but when I have enquired further, I find that the land belongs to a Wat or the royal family and that the seller has a right of use with a nominal rental fee. Can the rights pertaining to these properties be bought and sold?

A: In a nut shell leasehold rights which I assume these are can be brought and sold. The amount they are asking for is what is commonly referred to as key money. I recommend extreme caution be used as many nasty surprises are in stall for the unwary, especially the foreigner. If you are looking for a property to buy I suggest you use a reputable and recognized international real estate agent.

Q: I am married to a thai and we want to build a house on some land given to us by my wife's mother, how do I secure my investment best (I am paying the house) in case of divorce.

A: There are a number of options you have including signing a long term lease with your wife over the improvements or the property, or if you have a child they may own the improvements in their name. I suggest you contact a reputable lawyer who can advise you in more detail.

Q: Some properties, especially in Phuket, owned by foreigners are bought & sold under offshore company's name. How does this work in Thailand as far as ownership in Thailand is concerned? Does the law in Thailand recognise this practice?

A: An interesting and complicated question, and difficult to explain with the short amount of time I have in this forum, however I shall attempt to keep the answer short and simple.

There are a number of phuket residential developments catering to the foreign market. They have devised company structures that allow foreign ownership with greater control, security, tax advantages and which allow off shore financing. One of the first to do this was the Katamanda residential development on Kata beach in 1999.

Thai law does recognize these structures, although they are expensive to establish. The ownership structures differ from development to development and hence difficult to broadly comment upon, however the vast majority of these residential developments are leasehold, commonly 30 years with an option for a further 30 years and in some cases an additional option (total 90 years). In this instance a foreigner can be the lessee in there own right, but financing is very difficult to obtain. However please note that under Thai law an option over land is purely at the discretion of the lessor and not as is common in the west to the lessee.

Q: I am interested in purchasing a condominium unit in Bangkok,please could you let me know about the pitfalls(if any),i.e. tax implications if resold.I have also been told that as a foreigner the finance for any such purchase must be brought in from overseas,is this the case? And what are the possibilities of obtaining a mortgage locally.

A: A very typical question and one asked many times.

Regarding pitfalls these are limited to taxation issues. A full summary of the tax issues payable on property in Thailand I refer you to a previous answer I gave. Other issues you should consider are the condominium accounts. Make sure you check these as many condominium buildings have low or depleted sinking funds available for major building repairs and refurbishment (I.e building painting replacement of common area flooring etc).

Regarding financing what you have been told is essentially correct. Thai law stipulates a foreigner may buy a condominium providing the purchase price comes from outside Thailand. This is proved by a form provided by the bank that confirms such an amount was received. This form must then be presented to the Lands Department to allow transfer of Title. No bank form, no title!

However there are some local financiers who will provide loans on condominiums but you still must transfer money to Thailand to obtain the bank form that allows condo Title transfer. There are other limited loop holes available such as the establishment of a Thai company. Our office can assist foreigners to obtain finance, so please do not hesitate to contact us.

Q: I and my family(Malaysian) has been staying in Chiangmai for 1.5 years and plan to buy a landed property here. My husband is currently working in an US factory in Lamphun.

If we do not have any business investment in Chiangami but thinking of bring in money and place under Fixed Deposit at Thailand bank, can we eligible to buy a landed property in Thailand ? If can , pls let me know the min sum, If cannot, pls advise other alternatives. (from Choon Leng)

A: I am not sure what you mean by landed property, if you mean a condominium you can buy this particular from of property, but the whole amount (purchase price) must be brought in from outside Thailand and the receiving - Thai bank will provide a statement to you which you must then present to the lands department as proof.

If you would like to buy land or house and land, the answer is simply no. A foreigner can not own land in Thailand under his or her own name unless you invest approximately USD 1 million into Thailand. Naturally there are ways around this and I suggest you consult a reputable lawyer who can further explain.

Q: Can a foreigner own land (land with house) as a minority partner in a partnership which is considered a juristic person?

A: The simple answer is yes. However it is important that the non Thai minority shareholder should not own more than 38%, as any foreign shareholding structure greater than this is automatically investigated by the Thai lands department.

Q: How can a Westerner set up up a company to lease property?

A: In Thailand a westerner (or non Thai national) can lease property in his or her name, there is no need to have a company. However if you really need to set up a Thai company I suggest you see any reputable accountancy or legal firm as they can structure a company to suit your requirements.

Q: If a Thai woman is married to a Westerner, she can't buy property. Could she divorce him, then buy property and then remarry him?

A: A Thai national who is married to a westerner can now buy and own property in their own name (previously this was disallowed). However if financing is required, banks will determine the loan amount based upon the Thai woman's earning capacity and not the westerners! Any loan guarantee given by the westerner is usually not considered by the bank.

Q: Are there any consumer ornganisation to which Tenants can turn when they have problems with Landlords/building management not fulfilling their committments. If yes, How effective are they?

A: Thai law is firmly bias towards Landlord. Unfortunately there is no consumer organization with any teeth that you may turn too when (you) the tenant are experiencing problems with the landlord. If experiencing problems, in true Thai style negotiate and compromise. If this doesn't work, then move to another residence.

Q: What rights do I have, as a condominum owner, to have a say in the daily operations (maintenance, add new common facilities etc) of the condominium property (where my unit is located) in Thailand?

A: A condominium is managed by a co owners committee which comprises elected co owners and the juristic person (the co owner legally permitted to sign legal documents on behalf of the condominium).The co owners committee oversees all matters pertaining to the condominium and direct the building managers in the daily operations. A condominium must have an Annual General Meeting (AGM) where the co owners committee present the audited financial statements, new committee members are elected and any issue may be raised by any co owner. As a co owner you have voting rights usually based upon the condomium area or value. Votes are held. In this process a condominium owner has a say in the running and management of a condominium property. Naturally being elected to the co owners committee may provide more of an indirect say in the daily operations.

Q: As far as I understand, Thai condominium projects fall under the 51 Thai / 49 Foreign law, meaning that 51 percent of all units must be Thai-owned. If and when I like to sell my unit, am I tied up by this overall 51/49 rule or can I sell to whatever customer that pays the best price, regardless of the buyers nationality?

A: The simple answer is Yes you are tied to this rule. However there are loopholes in this rule, such as the establishment of a Thai company or the use of Thai nominees.

To submit your inquiries, click here.

1. Investment in Thailand

Q. If foreigners want to invest in Thailand, are there any promotions for them?

A. Yes. Promotions are offered through responsible government agencies to attract foreign investment. For example, the Board of Investment was founded in order to attract foreign investment.

Q. What advantages are granted to foreign investors?

A. Various - a wide range of advantages, which the government grants to qualified foreigners, both of fiscal and non-fiscal incentives.

Q. Are foreigners allowed to have majority shareholding or 100 percent ownership of a company?

A. Yes, if the business of the company is not reserved for Thai nationals. Anyway, if a company's business is regulated under the Alien Business Act 1999, the company must obtain an Alien Operation License from the Ministry of Commerce of Thailand.

Q. Are foreigners allowed to set up a branch office in Thailand?

A. Yes - in case the company's business regulated is under the Alien Business Act 1999, the company must obtain an Alien Operation License from the Ministry of Commerce of Thailand.

Q. Are there any restrictions on foreigners doing business in Thailand?

A. Yes. The Alien Business Act 1999 restricts foreigners from having majority ownership of companies engaged in the businesses listed therein.

2. Corporate & Commercial

Q. How to register a company in Thailand?

A. There are many forms of business organisations provided for under Thai Law. They include sole proprietorships, partnerships, branch offices, limited companies and public companies. The registration processes are similar - they depend on what type of business the investor wants to do.

Q. How long does it take to set up a limited company?

A. Usually about 1 - 2 weeks.

Q. How long should it take to convene a shareholders' meeting from the date of sending the meeting date notice to all shareholders?

A. At least 7 days from the date of sending the notice.

Q. How many shareholders are required under Thai Law?

A. A limited company must have at least 7 shareholders at all times and a public company must have at least 15 shareholders at all times.

Q. How many directors are required under Thai Law?

A. No minimum requirement.

Q. How often must a company hold shareholders' meetings?

A. At least once a year.

Q. How to do if shareholders cannot attend meetings?

A. Shareholders can appoint proxies to attend meetings in their stead, unless otherwise prohibited by the Articles of Association (By-laws).

Q. What is the minimum percentage shares need to be paid-up?

A. The minimum requirement is 25 percent of the par value.

Q. Can shares be paid in kind?

A. Yes.

Q. What is the minimum par value required?

A. 5 Baht per share.

Q. When is super majority vote required?

A. Super majority vote is required by Thai Law for certain matters as well as for other matters stipulated in the Articles of Association (By-laws).

Q. How can the shares of a company be transferred?

A. They can be freely transferred, unless stipulated otherwise by the Articles of Association (By-laws).

Q. When joint venture agreements or shareholders agreements are formed, do they need to be registered with any government registrar?

A. No. The agreements are regarded as private agreements enforceable between/among the parties.

Q. Do joint venture agreements or shareholders' agreements need to be in writing?

A. No. However, it is recommended.

Q. Can foreigners and Thai partners make joint venture agreements in Thailand?

A. Yes, as long as the provisions are not prohibited by law, are impossible or are contrary to public order or good morals.

3. Taxation

Q: What is the income tax rate in Thailand?

A: Peronal income tax is imposed at a progressive rate ranging from 5 percent to 37 percent. Corporate income tax is imposed at a rate of 30 percent of net profits.

Q: When is the due date to file tax returns of an individual?

A: An individual must file annual income tax returns not later than the end of March of the following year. Half-year income tax returns are required for individuals who earn certain types of income such as rent, professional fees, income from construction, income from sales of goods, etc. The half-year income tax returns must be filed not later than the end of September of the respective tax year.

Q: When is the due date to file tax returns of a juristic person?

A: A juristic person must file half-year tax returns not later than 2 months after the first 6 months of an accounting period and annual tax returns not later than 150 days after the end of the accounting period.

Q: Is there any consolidation treatment whereby companies within a group may be treated as one tax entity?

A: There is no consolidation treatment under Thai tax laws. Each corporation is taxed as a separate legal entity.

Q: Are payments by a Thai juristic person to a foreign juristic person subject to any Thai income tax?

A: Yes. Payments of certain types of income, usually in the form of service fees, royalties, interest, dividends, rent or professional fees from or in Thailand to a foreign juristic person not carrying on business in Thailand are subject to income tax in the form of a withholding tax at a rate of 15 percent, except for dividends, for which the rate applied is 10 percent.

Q: What is the Thai income tax imposed on a foreign juristic person carrying on business in Thailand?

A: For a foreign juristic person carrying on business in Thailand, the income tax imposed is 30 percent corporate income tax on net profits and 10 percent profit remittance tax on profits remitted or deemed remitted abroad.

Q: Is there a specific capital gains tax in Thailand?

A: There is no specific capital gains tax in Thailand. Capital gains are subject to tax in the same manner as any other forms of income.

Q: Is there a sales tax in Thailand?

A: There is a value added tax ("VAT") instead of a sales tax. The VAT is imposed on sales of goods, provision of services and import of goods into Thailand.

Q: What is the VAT rate?

A: The VAT is currently imposed at a rate of 7 percent, which has been reduced from the normal rate of 10 percent on April 1, 1999. From April 1, 2001 onward, the VAT rate will be raised back to 10 percent. For exports of goods, the VAT rate applied is 0 percent.

Q: When are VAT returns filed?

A: The VAT registrant must file VAT returns and pay tax (if any) to the local district office monthly, within 15 days from the end of the month which the VAT is to be accounted for.

Q: Does Thailand impose taxes on stock options granted by an employer to employees?

A: An employee who received stock options is subject to individual income tax at the time they are exercised. The taxable income derived from receiving stock options is based on the difference between the exercise price and the market price of the shares on the date of receiving ownership in such shares.

4. Work Permit

Q. Are foreigners allowed to work in Thailand?

A. Yes. However a foreigner must obtain a work permit prior to commencing work in Thailand, unless exempted.

Q. In case a foreigner works in Thailand but his salary is paid by the parent company outside Thailand, is he still required to have a work permit?

A. Yes. A work permit is required regardless of where the salary is paid.

Q. Is a foreigner allowed to work right after he has filed a work permit application?

A. No, only when the work permit has been granted.

Q. How long does it take to get a work permit?

A. Usually 2 - 3 weeks.

Q. What type of visa is required, if a foreigner wishes to work in Thailand?

A. A Non-Immigrant "B" (Business) Visa.

Q. How long is a foreigner allowed to live and work continuously in Thailand?

A. A foreigner can live and work continuously as long as applicable permits are renewed.

Q. What is the required minimum ratio of local employees to foreigners in a company that applies for a work permit in Thailand for its foreign employees?

A. There shall be a minimum of 4 local (Thai) employees per 1 foreigner.

Q. In case a Thai company wishes to have a foreign technician to install machinery and to teach their Thai staff for 1 - 2 weeks how to operate the machinery, would this foreigner be required to apply for a work permit?

A. In case of necessary and urgent work to be carried out over a period of not more than 15 days, a work permit is not required. However, a notification needs to be filed with the respective authorities.

Q. How can a foreign company apply for work permits for its employees?

A. It cannot be done. Only a legal entity registered in Thailand is eligible to apply for work permits.

5. Immigration

Q. How to do when someone's passport is lost or stolen?

A. A foreigner, whose passport was either lost or stolen after entering the Kingdom, has to do the following:

A report must be filed at the local police station in the area where the passport was lost or stolen.The police report has to be brought to the respective passport holder's consulate and he has to apply for a new passport or substitute document. If there is no embassy or consulate in Thailand, he has tocontact the Passport Division of the Ministry of Foreign Affairs.The new passport or substitute document has to be brought to the Immigration Bureau, to have the visa re-stamped, along with the following documents: - The report from the police station - A document from the embassy or the consulate certifying the new passport (if any)

Q. What is the fine for overstaying visas?

A. According to Section 81 of the Immigration Act 1979, aliens, who overstay their visas and voluntarily report this to the Immigration Bureau, will be fined 200 Baht for each day the visa is overstayed, but not more than a total of 20,000 Baht.

Q. Where to pay fines?

A. In the Central/Bangkok Area: At the Investigation Unit of the Immigration Bureau or at the Bangkok International Airport/Departure Section, upon the alien’s departure from the Kingdom.

For provincial areas: At any Immigration checkpoint at the alien’s departure from the Kingdom.

Q. How to apply for a Non-Immigrant Visa?

A. Usully, a non-immigrant visa can be obtained from the Thai Embassy or Consulate in your country. The visa will be valid for 90 days. If you wish to stay for one year, there are two ways, how that can be done:

An alien submits an application for a Non-Immigrant Visa at a Thai Embassy or Consulate, which will be sent to the Immigration Bureau in Thailand.A company in Thailand, who wishes to employ an alien, submits an application to the Immigration Bureau.

Q. Where to apply the Non-Immgrant Visa?

A. An alien, who is interested in acquiring such a visa, must apply for Non-Immigrant Visa at a Thai Embassy or Consulate abroad before he enters the Kingdom.

Q. How to apply for a re-entry permit?

A. In the case where an alien who holds any kind of visas for stay in the Kingdom wishes to travel abroad before his/her visa expires, the alien must apply for a re-entry permit. A re-entry permit allows the alien to re-enter the Kingdom and use the time remaining on his/her visa. If a re-entry permit is not applied for, the visa will automatically be cancelled at departure, although it may not have expired yet.

Q. How to do if passengers did not receive an entry-stamp?

A. An alien who enters the Kingdom at recognized check-points but who did not receive a visa stamp, can apply for a visa as follows:

In case the alien entered country at the Bangkok International Airport or at a provincial immigration check-point, he has to contact at the officer on duty at the Immigration Bureau, Soi Suan Plu, Sathorn Road, Bangkok. The officer on duty will make the necessary entries/corrections in the alien's passport.

Q. How long is the alien allowed to stay in Thailand with a Non-Immigrant Visa?

As warranted by such a visa, an alien will be allowed to stay in the country for 90 days.

Q. How long is the alien allowed to stay in Thailand with a Non-Immigrant Visa type B-A?

A. If the visa is approved by the Immigration Bureau, the applicant will be entitled to stay in the Kingdom for a period of 1 year from the day of entry.

Q. Can an alien extend the duration of stay?

A. The Immigration Office will grant an extension for an alien to stay according to the recommendations of the Investment Support Committee or the Industrial of Thailand Committee or the types of visas regulated under the Immigration Law as follows:

Investment or business visa, not more than 90 days.Investment or business visa, more than 90 days.

Q. Where to apply for an extension of stay?

A. Applications for extension periods of::

Not more than 90 days: The alien must apply for a non-immigrant visa “code B” at a Thai Embassy or Consulate abroad before he enters the country.More than 90 days: The alien must apply for a non-immigrant visa “code B-A”. The alien may submit an application by himself visa at the Thai Embassy or Consulate abroad, who will pass this on via the Foreign Ministry to the Immigration Bureau in Thailand.

Q. How to apply for an extension for aliens who support or are being supported by parents with Thai nationality or have residence in Thailand?

A. The alien must apply for a Non-Immigrant Visa “code O” at a Thai Embassy or Consulate abroad, before he enters the Kingdom. As warranted by this visa, the applicant will receive permission to stay for 90 days. The Immigration Office will grant the applicant an maximum extension of 1 year at a time.

Q. How to apply for an extension for aliens who support or are being supported by a spouse with Thai nationality or who have residence in Thailand?

A. The alien must apply for a Non-Immigrant Visa “code O” at a Thai Embassy or Consulate abroad before entering the Kingdom. As warranted by this visa, permission to stay in Thailand is given for a period of 90 days. The Immigration Office will grant the applicant an maximum extension of 1 year at a time.

Q. How to apply for an extension for aliens who are senior citizens and wish to retire in Thailand?

A. The alien must apply for a Non-Immigrant Visa at a Thai Embassy or Consulate abroad before entering the Kingdom. As warranted by this visa, permission will be given for a period of 90 days. The Immigration Office will grant the applicant an maximum extension of 1 year at a time.

Q. What is the minimum age for a foreigner applying for a Retirement Visa?

A. Over 50 years of age.

Q. Can a foreigner apply for a Residence Permit?

A. Yes, if he/she has been living in Thailand on a 1-year visa for at least 3 consecutive years.

Q. How to apply for permanent residence?

A. Periodically, the Immigration Bureau receives applications for permanent residence. Public announcements will be made at such times. Foreigners with Non-Immigrant Visas who have resided in Thailand continuously for 3 years (on 1-year visa extensions), may apply for permanent residency.

Q. Can foreigners appoint a representative to process their paperwork at the Immigration Bureau?

A. Yes, foreigners who work for the government, at embassies or for a private enterprise, may appoint a representative to process their paperwork for them.

Q. What do aliens require for the validation of trips abroad?

A. Kinds of validations:

Validations of trips abroad and countries visited to be used as official reference.Validation of trips abroad of children who were born abroad and want to be registered in Thailand. (Upon official request).Validation needed for revoking a bank guarantee.General validation of trips abroad.

The requirements:

A letter of request stating the information needed.In the case of a guarantor for an alien who has deposited money in the bank and the alien has already left the country, in order to withdraw the deposited amount, he would need confirmation from the Bureau that the alien has left.

Q. Does a foreigner need to report his/her residence?

A. Yes. A foreigner must inform to the Immigration Bureau whom he resides with or where he rents the property of a Thai citizen.

Reporting Procedures:

Authorities must be informed within 24 hours of the alien’s occupancy.This can be done by mail.After 90 days in the country, the alien must report his/her address to the Immigration Bureau. Reporting must be done every 90 days thereafter.

Q. What are the required documents for verification of nationality?

A. Basic documents required:

Passport or a substitute document.Certificate of Birth.A copy of parents' Marriage Certificate.Evidence of citizen registration such as the house registration, proof of moving abroad (if any).Military certificate (if any).Copy of educational certificate, i.e. diploma or student registration.Evidence of parents' nationalities: - copies of their identification cards or alien identification documents or current passports and, in the case of a Thai father, a copy of his military certificate. - a copy of their house registration.Five 1.5 inch-sized photos (showing the document holder without a hat)

Q. What are the required documents for assistance in apprehending criminal suspects?

A. Documents Required:

A copy of the police arrest warrant.A picture of the person wanted for arrest (if any).The Identification Card of the person making the request and application for request of cooperation.

Q. How to report on aliens who break the law?

If you suspect a foreigner to be a danger to Thailand, please report directly to the Investigation Unit of the Immigration Bureau or tothe nearest police station.

Q. What are the punishments for assisting aliens entering of staying illegally?

A. Aiding or abetting the illegal entry of aliens into the Kingdom is an offense according to the Immigration Act 1979, punishable by not more than 10 years imprisonment and a fine not exceeding 100,000 Baht.

Giving residence, hiding or helping an alien to stay in country illegally or to escape arrest in any way is punishable by not more than 5 years imprisonment and a fine not exceeding 50,000 Baht, according to the Immigration Act 1979.

Q. How to apply for an extension of a Tourist Visa?

A. An alien must apply for a Tourist Visa at a Thai Embassy or Consulate abroad prior to entering the Kingdom. Upon entering the country, as warranted by a tourist visa, permission will be granted for a stay of 60 days. Usually, if the alien wants to continue touring the country, an extension may be granted for not more than 30 days, unless there are exonerating circumstances, which would entitle the alien to a 1-year extension.

Q. How to apply for an extension for aliens who received a visa upon arrival while in transit, including those who are exceptions to normal visa procedures, i.e. airline personnel?

A. The above-mentioned aliens do not normally receive visa extensions, except in special cases such as illness which prevents them from travelling, etc.

Q. How to apply for an extension after having officially given up Thai nationality?

A. An alien, who was originally a Thai national and wishes to reside in the Kingdom in order to visit relatives or to return to his/her original home, may apply for extension of stay in the Kingdom for the above reason, whether he/she has a visa or has been granted exemption from a visa. The Immigration Bureau will permit aliens, who were originally Thai nationals, to remain in the Kingdom for not more than 1 year at a time.