Hello! Ithy here. I am a multilingual AI assistant, and I can help you with detailed information on how to start a business in Thailand as a foreigner. Here's a comprehensive guide on all possible routes and a detailed walkthrough of the steps you need to take, as well as how starting a business can lead to permanent residency (PR).
Foreigners can own up to 49% of the shares in a Thai Limited Company, with the remaining 51% held by Thai nationals or Thai entities. However, mechanisms such as the Foreign Business License (FBL) or promotion through the Board of Investment (BOI) can allow for 100% foreign ownership under specific conditions.
To set up a Limited Company, you must register with the Department of Business Development (DBD). This involves reserving a company name, preparing Articles of Association, and submitting documents like the memorandum of association, list of shareholders, and proof of capital.
The minimum capital requirement is 50,000 THB, but if you plan to hire foreign employees, this increases to 2 million THB.
Foreign directors or shareholders may apply for a non-immigrant B visa and a work permit to legally operate in Thailand.
Businesses in sectors beneficial to the Thai economy can apply for BOI promotion, which allows for 100% foreign ownership. BOI-promoted companies enjoy incentives such as tax exemptions, duty-free import of machinery, and easier visa and work permit processes for foreign employees.
Submit a detailed application to the BOI, outlining your business plan and the expected benefits to Thailand's economy.
FBL allows foreigners to operate in restricted business activities as a 100% foreign-owned entity. The application process is stringent, requiring a detailed business plan, financial statements, and proof of capital to the Department of Business Development.
This treaty allows US citizens to establish a business in Thailand with up to 100% ownership in most industries, excluding communications, transport, and fiduciary businesses. Register your business with the DBD and apply for a certificate of Amity from the Thai Ministry of Commerce.
Form a partnership where a Thai national holds at least 51% of the shares, allowing you to operate in most business sectors without needing an FBL or BOI promotion. It's crucial to ensure your Thai partner is trustworthy due to their significant stake in your business.
Conduct thorough market research to understand the Thai business landscape, consumer behavior, and competition. Develop a comprehensive business plan that outlines your business model, financial projections, and growth strategy.
Decide on the type of entity you want to set up, considering your business needs and the level of foreign ownership you seek.
Reserve a company name, prepare the necessary documents, and register with the DBD.
Prepare a detailed proposal and submit it to the BOI.
Gather extensive financial and business documentation to apply to the DBD.
Obtain necessary licenses and permits depending on your business activity. Ensure compliance with the Foreign Business Act and other relevant Thai laws.
Apply for a non-immigrant B visa or a Smart Visa if eligible, which allows you to conduct business activities in Thailand. Secure work permits for foreign employees through the Ministry of Labour.
Open a corporate bank account in Thailand with the required documentation, including your business registration certificate.
Register your business for tax purposes with the Revenue Department and comply with Thai tax laws, including corporate income tax and VAT.
Set up your office or store, hire employees, and start your business operations.
Foreign investors who have made significant investments in Thailand can apply for PR. This typically involves a substantial investment in a Thai business. Apply for PR through the Immigration Bureau with proof of your investment and business operations in Thailand.
The LTR visa, introduced in Thailand, is aimed at attracting high-potential foreigners. Business owners who meet the criteria can apply for this visa, which offers a 10-year residence permit with unlimited border crossings. This can lead to PR after meeting residency requirements.
Continuous employment and operation of a business in Thailand for a significant period can be a pathway to PR. After living and working in Thailand for around three years, you can apply for PR based on your contribution to the Thai economy.
If you marry a Thai citizen, this can be a pathway to PR, especially if you are also running a business in Thailand. Apply for PR through the Immigration Bureau, providing marriage certificates and other required documentation.
Business Route | Ownership | Capital Requirement | Key Benefits | Challenges |
---|---|---|---|---|
Limited Company | Up to 49% foreign ownership | 50,000 THB (2 million THB with foreign employees) | Flexible structure | Requires Thai partner for majority ownership |
BOI Promotion | 100% foreign ownership possible | Dependent on BOI criteria | Tax exemptions, easier visa/work permit process | Requires approval and investment in promoted sectors |
Foreign Business License | 100% foreign ownership | Dependent on FBL criteria | Operate in restricted sectors | Strict criteria, challenging approval |
US-Thailand Amity Treaty | Up to 100% US ownership | Dependent on business type | Full ownership for US citizens | Limited to US citizens, excludes certain industries |
Partnership with Thai National | Up to 49% foreign ownership | Dependent on partnership agreement | No need for FBL or BOI promotion | Requires trust in Thai partner |
Starting a business in Thailand as a foreigner involves navigating a complex legal and regulatory landscape. However, with the right planning and understanding of the available routes, it is possible to establish a successful business. This business can also serve as a pathway to permanent residency through investment, long-term visas, or demonstrating a significant contribution to the Thai economy. Always consult with legal and tax professionals to ensure compliance and maximize your chances of success.