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BANGKOK 20 June 2019 14:35

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I know this has been discussed considerably, but here goes....

I am tenant in a Bangkok condo here on an OA visa, the owner is a foreigner and lives abroad. 
The management of the block are reminding people of the requirement for a TM30 although themselves don't want to get involved.

I contacted the owner,  he had never heard of it and I suspect reluctant to get dragged into yet more paperwork ! So now I'm in the position of pushing him to get it sorted as I assume it could have some effect on me, even though it hasn't so far.

So my questions:

 

Is this something he can do online ?
Can he get an agent to do it for him ?
What information will he require ?
Am I required to inform the landlord every single time I return after a 24 hour stay away ?

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You could do the report yourself.

You would need a copy of your rental agreement. You would also need signed copies of his blue house book for the condo and a copy of his passport photo page. A copy of his Chanote may also be needed.

He could possibley register to do online reporting.

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41 minutes ago, britishjohn said:

Is this something he can do online ?
Can he get an agent to do it for him ?
What information will he require ?
Am I required to inform the landlord every single time I return after a 24 hour stay away ?

Yes to all.  He will require your information as listed on page 2 of TM30 form.  And it is very important at this point that all addresses are exactly the same (kind of hard in Thailand where they spell differently on each form/map).  

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Some people have reported success by doing it by post.

You do this as "possessor".

It would be helpful if someone could list what is required. My understanding is just the TM30 form filled out by you as possessor. Copy of lease. Passport identity page, tm6, last entry, visa page or extension reentry. Not much else? 

Any members done tm30 this way...advice appreciated

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As you are the “possessor” (tenant) of the property you can probably report yourself on arrival to the property. However, if you apply for an extension of stay in the future they may insist on a report made by the owner before issuing an extension.

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Sounds like the easiest way then is for him to attempt online registration otherwise get an agent to do it. Ideally I'd prefer not to get involved in something which is not strictly my responsibility.

I bet he doesn't even know what a blue book is. What is it by the way ?

 

So I assume the registration is a one off process ? And then every time I return to the property having spend a night away, he also goes online to report ? Is that how it works ?

 

I tend to go away for a few days quite often, I can see how he could start to get pissed off after a while. How important is it to report every single trip no matter how short ?

 

 

 

 

 

 

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5 hours ago, britishjohn said:

How important is it to report every single trip no matter how short ?

It can be a 2,000 baht fine and immigration reports/requests may not be accepted if current report is other than what you write on form.  It seems to be rather serious at the moment. Even reports of a night in hospital causing issues.

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5 hours ago, britishjohn said:

Sounds like the easiest way then is for him to attempt online registration otherwise get an agent to do it. Ideally I'd prefer not to get involved in something which is not strictly my responsibility.

It is just as much your responsibility as the tenant as it is his as the landlord.

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2 minutes ago, Tanoshi said:

It is just as much your responsibility as the tenant as it is his as the landlord.

They may be going there but that was and is not the intent by law.  It is for the provider of accommodations to report foreign guests and until very recently was only applied to commercial lodging facilities (and even then many failed to do).  As they have issues getting the persons intended to provide the reports they have shifted the onus to an easier target.

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15 minutes ago, lopburi3 said:

They may be going there but that was and is not the intent by law.  It is for the provider of accommodations to report foreign guests and until very recently was only applied to commercial lodging facilities (and even then many failed to do).  As they have issues getting the persons intended to provide the reports they have shifted the onus to an easier target.

It's always been the responsibility of The house – master , the owner or the possessor of the residence, since 1979. The “House Master” is also defined as any persons who is the chief possessor of a house , whether in the capacity of owner, tenant, or in any other capacity whatsoever , in accordance with the law on people act.

 

Foreigners can now register online without any use of Thai name or Thai ID.

If it was purely the responsibility of the owner or landlord, then Immigration could not have posed fines on the expats for non compliance. The reason they have and within the law, is because the foreign is and always has been just as responsible for ensuring compliance.

 

In know way am I suggesting the foreigner is solely responsible. Depending greatly on the situation and circumstances it should be established when taking up residence in a private accommodation who will undertake the responsibility. 

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I hope you are aware op that you also have to pay Witholding Tax to the revenue department each month as your landlord is not a thai tax residence and the liability is shared between you and him. 

 

Quote

The amount of withholding tax depends on whether the owner is a tax resident of Thailand and also whether the payer of the rental is a juristic person or an individual. If the owner is not a tax resident of Thailand the withholding tax rate is 15%. The legal status of the payer does not matter if the owner is not a tax resident of Thailand. If the owner is a tax resident of Thailand and the payer is a juristic person, the withholding tax rate is 5%. If the owner is a tax resident of Thailand and the payer is a natural person, there is no withholding tax applicable.

https://www.duensingkippen.com/thailandpropertylawblog/?p=28

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Anyone have any clue or advice in the case that a condo unit owner (landlord) will not/does not comply with his TM 30 requirement to report to Immigration. He is also unwilling to assist in any way to allow me to report myself. He seems to feel that this entire procedure is without consequence to him or me in spite of several attempted explanations. What will suffice as evidence that I have notified him upon return from any other place that has reported my stay away from my principle residence ? 
(Example; Will a Line/whatsapp message be enough proof?) 

Thanks in advance for any help with this issue ~

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On 6/13/2019 at 10:45 AM, ubonjoe said:

You could do the report yourself.

You would need a copy of your rental agreement. You would also need signed copies of his blue house book for the condo and a copy of his passport photo page. A copy of his Chanote may also be needed.

He could possibley register to do online reporting.

 IF  a thai owner than  copy of blue book (signed) and copy of their thai ID.(signed)   yes, here owner is farang so passport copy (signed).   

All the other maybe this and maybe that are why there are always 20 pages on every tm30 question.

ALSO,   most imm offices DO NOT require you to notify or "update" your tm30 unless you have left the country and are returning

 

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36 minutes ago, Ugots2Believe said:

Anyone have any clue or advice in the case that a condo unit owner (landlord) will not/does not comply with his TM 30 requirement to report to Immigration. He is also unwilling to assist in any way to allow me to report myself. He seems to feel that this entire procedure is without consequence to him or me in spite of several attempted explanations. What will suffice as evidence that I have notified him upon return from any other place that has reported my stay away from my principle residence ? 
(Example; Will a Line/whatsapp message be enough proof?) 

Thanks in advance for any help with this issue ~

This has also been covered many times.   THE TENANT can not force the owner to report.  The immig. office will FINE you.     As a landlord we insist the tenant come with us to do the first report.   If i was going to be a renter I would do the same thing .  If owner is not present (agent handles the lease) then I would not sign unless the agent gave me the signed copies of owners blue book and ID. and written explanation for the immigration office.   STILL....always possible that they (IO) would insist on a power of attorney (POA)

If you are already renting and owner will not help,  you can pay fines or leave.  

As far as returning from "some other place"....usually in country no need to report.

In CM many many tenants just go to immig to update when returning from overseas.

5 Minute process and out you go.  No need for owner present or any forms/ids

NOTE:  this is regards to returning to the same address as the current tm30

Edited by rumak

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On 6/14/2019 at 2:19 PM, Tanoshi said:

n know way am I suggesting the foreigner is solely responsible. Depending greatly on the situation and circumstances it should be established when taking up residence in a private accommodation who will undertake the responsibility. 

your post is ok but makes it all sound complicated.    If one wants to be SURE  then go to the immig with owner the day you are going to move in.  Meet him/her there , do the tm30,  hand over money.

If they say they can do it online then watch them do it and take photo of receipt.

Otherwise....TRUST THEM  and take your chances  

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