Setting Up a Business in Thailand as a Foreigner: What You Need to Know

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With its strategic location, growing digital economy, and access to ASEAN markets, Thailand is an attractive hub for foreign entrepreneurs and investors. But starting a business here comes with a unique set of legal, cultural, and operational requirements. Whether you’re opening a regional office, launching an e-commerce brand, or setting up a service company—here’s what you need to know to set up your business smoothly and compliantly.

  1. Understand Foreign Ownership Rules

Foreigners are generally restricted from owning more than 49% of a Thai company unless they receive special permission.

Your main options:

  • Thai Limited Company (with Thai majority shareholders)
  • BOI Promotion (Board of Investment) – allows 100% foreign ownership for eligible industries
  • Foreign Business License (FBL) – approval required under the Foreign Business Act
  • US Treaty of Amity – allows 100% ownership for US citizens in certain sectors

💡 Interloop can advise on the best structure for your industry, ownership goals, and compliance.

  1. Choose the Right Business Structure

The most common structures for foreigners are:

  • Limited Company (Ltd.) – similar to a private limited company; requires at least 2 shareholders
  • Representative Office – non-revenue-generating; used for liaison or research
  • Branch Office – can generate income, but considered an extension of the foreign company
  • BOI Company – eligible for tax and visa benefits if you qualify

Tip: Most startups and SMEs go with a Limited Company + local partners, unless they qualify for BOI.

  1. Capital Requirements & Bank Accounts

To hire foreign staff or apply for work permits, the company must show a minimum registered capital, typically:

  • 2 million THB per foreign employee
  • BOI companies may be exempt or have reduced capital requirements

You’ll also need to:

  • Open a corporate bank account in Thailand
  • Deposit the capital before registering with the Ministry of Commerce

💼 Interloop can assist with bank introductions, document preparation, and fund transfers.

  1. Legal Registration Process

The basic steps include:

  1. Reserve your company name
  2. Prepare & file the company’s Articles of Association
  3. Register with the Department of Business Development (DBD)
  4. Obtain tax ID, VAT registration, and social security number
  5. Open a company bank account

🕒 Timeline: 1–3 weeks depending on structure

  1. Visas & Work Permits

You cannot legally work in Thailand without a Non-Immigrant B visa and a Work Permit.

Requirements:

  • Registered Thai company
  • 2M THB capital per foreigner
  • At least 4 Thai employees per work permit (non-BOI)
  • Proper office address and lease

🚀 BOI companies can bypass many of these requirements and get fast-track visa processing via the BOI One Stop Service Center.

  1. Tax & Compliance Obligations

All companies in Thailand must comply with:

  • Corporate income tax (20%)
  • Withholding tax, VAT (7%), and Social Security contributions
  • Annual audits by a certified Thai auditor
  • Monthly filings for payroll and VAT

📊 Digital tools like FlowAccount or PEAK can simplify this. Interloop also provides back-office support and outsourced accounting.

  1. Hiring & HR Compliance

Thai labor laws are strict on contracts, benefits, and social security. Key points:

  • All employees must be registered with the Social Security Office (SSO)
  • Standard work week: 48 hours max, with overtime limits
  • Paid leave, holidays, and severance rules must be followed
  • Work regulations must be posted if you have 10+ staff

💡 Use an Employer of Record (EOR) service if you want to test the market before fully registering your entity.

  1. Cultural & Practical Tips
  • Always work with bilingual lawyers or consultants
  • Thai partners and relationships are key to business success
  • Be mindful of Thai customs and communication styles
  • Keep your documents and licenses updated—compliance is essential

Final Thoughts

Setting up a business in Thailand as a foreigner is 100% possible—and often highly rewarding—if you understand the process, follow the rules, and choose the right partners.

At Interloop Solutions & Consultancy, we guide you every step of the way:

✅ Business structure & licensing
✅ BOI registration
✅ Work permits & visas
✅ Accounting & HR setup
✅ Market entry & localization

Author

Earn Thongyam

All stories by: Earn Thongyam

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