Confusion as condo owners told they must have a work permit to rent out units

[stevenl]

When I came here I was interested in do as others have done to make a small income on my investment, luckily I had an astute accountant who said

1 Start a company ( done )

2 Put all purchases to rent out in said companies name ( done )

Although initially cost was high setting up things etc, every year audit and accountancy fees still net me a profit that is acceptable and I still have control over the properties.

Nowadays starting a company is a lot harder and more hoops to go through .

Taxes are paid as are all other fees, but I do not have the authorities looking over my shoulder, I am considered a good company . Do I have a work permit yes based on the company do I work no but costs are so low it dopes not matter.

many try to make money and not pay taxes or other fees or statutory costs, they are the ones now wondering , wherever you make money taxes or someone has to be paid if you don't you will eventually be caught.

I sincerely hope you did not buy land in your company name.

Land.... you could be in a lot of trouble in the not so distant future

Since his company is an active company possessing land in the company is perfectly legal and done exactly as it was meant to be done.

[Veritas48]

Thailand is 3rd world and I lived in the 3rd world in Africa for nearly 40 years.There is no doubt in my mind that foreigners will be subjected to this kind of rule changing(bending)for ever.The jealousy and xenophobia of Thais will fuel the lobbying of the powers that be until most of us start looking for somewhere else to live.It is a standard technique in Africa with phone calls made to ministry of labour,Police,local leaders etc complaining of foreigners working illegally etc and will even charge that they heard you(with several witnesses)insult the President or some other bigwig with the hope of having the foreigner deported.Don't trust their smiles watch what they do and listen to what they say.

[stevenl]

Thaivisa should stop posting scare articles based on one letter by an unnamed member of one juristic committee in one condominium in one province.

Work permits are Not required to lease out their own property. This goes to the essence of property rights under the law.

Otherwise If it were true that foreign owners are required to have work permits before allowed to "generate income" on investments, then this would have widespread implications across all assets that foreigners owned in Thailand including even requiring foreigners with bank accounts earning interest to have work permits. Would that make sense?

Anyway, an anonymous letter with a comment from their anonymous lawyer discussion with the unnamed government official doesn't carry a lot of weight.

Thaivisa should know better than to be spreading rumors. Best stick to what they do best, articles about ladyboy pickpockets and news about the unremarkable foreigners in Thailand that no one has ever heard of and boring events that happen to them

Yes, they should stop with unconfirmed scars mongering.

No, like it or not, officially work permit is required.

[Peterw42]

Just wondering how a company like New Nordic building in Pratumnak/Pattaya guaranteeing

a 10% return renting out the individually owned units on a owners behalf is going to get

around all the foreign owners needing work permits. Talking to a person who claims to be

in the know, Chinese nationals have flown in and bought whole floors of the development.

Not sure how the "guarantee" is backed. Maybe this ruling will be a way to back out of the

guarantee. I would understand needing a work permit to rent out other peoples units but

needing one to rent out your own unit is a head shaker. If everything becomes fully enforced

the Thai building economy is going to take a heck of a hit.

If they are offering a 10% return over 3 years, its built into the purchase price. You payed 30% more than its worth.

smoke and mirrors

[KittenKong]

So here is what I believe to be true, based on my own experience:

1) You don't need a work permit to rent out your property if you are not in Thailand.

2) If you are inside Thailand you don't need a work permit to rent out your property through either a Thai person or a foreigner who holds the correct work permit, provided you do no work yourself other than signing the Agent's contract. By work I mean you do not advertise the property, receive money directly from guests or tenants, meet guests or tenants, hand over keys, fix problems, clean rooms, change the towels, etc.

If all you do is receive a passive income that is paid to you by an Agent I don't believe you need a work permit.

However, I am not saying that the short term rental (under 30 days) of a condo is lawful. On the contrary, I believe the short term rental of a condo by anyone, whether they are a Thai or a foreigner, is unlawful.

I believe this because a condominium building falls under the definition of a structure that requires a hotel license in order to offer rooms for short term rent (ie more than 4 rooms in aggregate and/or the simultaneous use of the property by more than 20 people, for periods of less than 30 days). As condo buildings tend not to be issued a hotel license, this is where the issue of unlawful use stems from.

So, for those owners who use an agent for rentals over 30 days, I think you will be fine.

For those owners who are using an agent who allows rentals of under 30 days, you are not in such a good position and are renting your condo in a building with no hotel license when such a license is required.

For those owners who undertake the type of work I discussed above, I believe you are working without a work permit, whether for rentals for more than 30 days or less than 30 days. In reality, however, you would not be issued a work permit to undertake work such as cleaning a room - instead you should be hiring a Thai person to do that work.

For owners who personally manage aspects of a short term condo rental themselves (such as meeting guests, handing over keys, fixing problems, or instructing others to do so whilst in Thailand), I think you are in the worst position by not having a work permit and renting your condo in contravention of the Hotel Act.

There is an extra and much more important aspect to this which I mentioned much earlier in the thread and which seems to be widely ignored.

It doesn't matter whether you have a work permit. It doesn't matter whether you have a hotel licence. It doesn't matter whether you pay tax and submit company accounts. Why? Because the carrying-on of any business in the residential parts of a condo building is specifically prohibited by the condo act, with no exceptions. And unlike most Thai laws this one is very clear.

The only parts of a condo building in which businesses are permitted are those that are specifically designated as being non-residential and to which access is separate to the residential access. This, by definition, excludes all residential floors. It also precludes any hotel licence being issued for such buildings, except on a specific per-floor basis where this was incorporated in the original design and planning approval of the building (the most common arrangement is for the ground floor to be designated as a commercial area). It would also have to be specifically incorporated in the internal regs of the building as decided at the time of the building being registered as a condo. If you look at buildings like the Waterfront (haha) in Pattaya and the Movenpick in Na-Jomtien this is exactly how they are structured, with distinct sections of the building (or even separate buildings) being used either for residential or for rental purposes, but with no overlap between the sections and uses at all.

As far as I can see anyone who bought a condo here as a rental investment, especially if they intended doing short-term rentals, made a very big mistake. They should have invested in a hotel or a service apartment building, both of which are specifically designed to be officially registered businesses offering both short-term and long-term accommodation, and for which the entire panoply of investment visas and work permits is readily available (if needed).

Condo buildings are specifically designed to be residential, not businesses.

[2008bangkok]

Why do they get so hard to bite the hand that feeds them.

[Peterw42]

Thaivisa should stop posting scare articles based on one letter by an unnamed member of one juristic committee in one condominium in one province.

Work permits are Not required to lease out their own property. This goes to the essence of property rights under the law.

Otherwise If it were true that foreign owners are required to have work permits before allowed to "generate income" on investments, then this would have widespread implications across all assets that foreigners owned in Thailand including even requiring foreigners with bank accounts earning interest to have work permits. Would that make sense?

Anyway, an anonymous letter with a comment from their anonymous lawyer discussion with the unnamed government official doesn't carry a lot of weight.

Thaivisa should know better than to be spreading rumors. Best stick to what they do best, articles about ladyboy pickpockets and news about the unremarkable foreigners in Thailand that no one has ever heard of and boring events that happen to them

But it must be true, I read it on Thaivisa.

Yes, the life these forums take on is amazing.

Opinion gets quoted as fact, this "fact" is then quoted as law, The sky is falling.

There is actually a law in thailand about leaving the house with no underwear.

http://www.dumblaws.com/laws/international/thailand

I guarantee, if I post this on TV, by tonight the underwear police will be patrolling the streets.

[Peterw42]

So here is what I believe to be true, based on my own experience:

1) You don't need a work permit to rent out your property if you are not in Thailand.

2) If you are inside Thailand you don't need a work permit to rent out your property through either a Thai person or a foreigner who holds the correct work permit, provided you do no work yourself other than signing the Agent's contract. By work I mean you do not advertise the property, receive money directly from guests or tenants, meet guests or tenants, hand over keys, fix problems, clean rooms, change the towels, etc.

If all you do is receive a passive income that is paid to you by an Agent I don't believe you need a work permit.

However, I am not saying that the short term rental (under 30 days) of a condo is lawful. On the contrary, I believe the short term rental of a condo by anyone, whether they are a Thai or a foreigner, is unlawful.

I believe this because a condominium building falls under the definition of a structure that requires a hotel license in order to offer rooms for short term rent (ie more than 4 rooms in aggregate and/or the simultaneous use of the property by more than 20 people, for periods of less than 30 days). As condo buildings tend not to be issued a hotel license, this is where the issue of unlawful use stems from.

So, for those owners who use an agent for rentals over 30 days, I think you will be fine.

For those owners who are using an agent who allows rentals of under 30 days, you are not in such a good position and are renting your condo in a building with no hotel license when such a license is required.

For those owners who undertake the type of work I discussed above, I believe you are working without a work permit, whether for rentals for more than 30 days or less than 30 days. In reality, however, you would not be issued a work permit to undertake work such as cleaning a room - instead you should be hiring a Thai person to do that work.

For owners who personally manage aspects of a short term condo rental themselves (such as meeting guests, handing over keys, fixing problems, or instructing others to do so whilst in Thailand), I think you are in the worst position by not having a work permit and renting your condo in contravention of the Hotel Act.

I'll be very clear about this: I am not a lawyer so this is not a legal opinion. Do not get yourself into a situation where your only defense is saying, "Well blackcab said..." while you try to desperately PM me from Thong Lor police station.

On the other hand, I speak from the position of holding one of the few work permits issued that actually allows me to transact business related to property. In a nutshell, I'm a foreigner and I can rent out condos. For anyone.

Part of my job description in my work permit (attached below) states that I can:

Act as an Agent to:

Buy, Sell, Sell with the Right of Redemption, Arrange a Rental Period or Lease for a Landlord or a Tenant, for:

any Land, House, Condominium or any other Construction whatsoever, and also for:

any other kind of asset fixed to the land including rivers, ponds, trees, minerals (and much more as the list of included items is quite long).

As I said, this isn't a legal opinion, but it does come from someone who has legitimate, in-country experience of this situation.

If anyone has any questions I'll do my best to help answer them if I can.

Thank you,

Actual real information from someone who knows about this topic.

[pkspeaker]

so this means that the guy i rent from is not legal; foreigner, flew in here and bought it for investment puposes to rent it out and maybe 1 day resell it and flew out. never visits Thailand; and when i rented the place he initially asked if i could wire the rent-money abroad every month, i said no because wire fees, he agreed and arranged for me to pay the rent to an agents account here. but the question remains in cases like this where the building is demanding a copy of the WP that doesn't exist what will they do when the owner cannot come up with the WP? kick the tenant out and tell him he can only live in it or sell it?

[scotchbroth100]

Quite right, if you are renting your condo(s) for 30 days or less each and every time, then effectively you are effectively operating room only hotel in my opinion and should therefore be subjected to the various laws & standards expected as any hotel would be, health & safety etc.

[Henryford]

It seems fairly obvious to me that renting properties IS a business and as such would require a work permit for a foreigner. What's the difference between a farang renting several condos out and running a hotel renting rooms out. Both are businesses.

[Peterw42]

so this means that the guy i rent from is not legal; foreigner, flew in here and bought it for investment puposes to rent it out and maybe 1 day resell it and flew out. never visits Thailand; and when i rented the place he initially asked if i could wire the rent-money abroad every month, i said no because wire fees, he agreed and arranged for me to pay the rent to an agents account here. but the question remains in cases like this where the building is demanding a copy of the WP that doesn't exist what will they do when the owner cannot come up with the WP? kick the tenant out and tell him he can only live in it or sell it?

Why would the building ask for a WP ? As far as they are concerned it is legally rented via an agent.

Condo Managment (the buiding) collect condo fees and maintain common property. They are not the WP police.

A rental agreement is between the owner, the agent and the tennant.

[stevenl]

So here is what I believe to be true, based on my own experience:

1) You don't need a work permit to rent out your property if you are not in Thailand.

2) If you are inside Thailand you don't need a work permit to rent out your property through either a Thai person or a foreigner who holds the correct work permit, provided you do no work yourself other than signing the Agent's contract. By work I mean you do not advertise the property, receive money directly from guests or tenants, meet guests or tenants, hand over keys, fix problems, clean rooms, change the towels, etc.

If all you do is receive a passive income that is paid to you by an Agent I don't believe you need a work permit.

However, I am not saying that the short term rental (under 30 days) of a condo is lawful. On the contrary, I believe the short term rental of a condo by anyone, whether they are a Thai or a foreigner, is unlawful.

I believe this because a condominium building falls under the definition of a structure that requires a hotel license in order to offer rooms for short term rent (ie more than 4 rooms in aggregate and/or the simultaneous use of the property by more than 20 people, for periods of less than 30 days). As condo buildings tend not to be issued a hotel license, this is where the issue of unlawful use stems from.

So, for those owners who use an agent for rentals over 30 days, I think you will be fine.

For those owners who are using an agent who allows rentals of under 30 days, you are not in such a good position and are renting your condo in a building with no hotel license when such a license is required.

For those owners who undertake the type of work I discussed above, I believe you are working without a work permit, whether for rentals for more than 30 days or less than 30 days. In reality, however, you would not be issued a work permit to undertake work such as cleaning a room - instead you should be hiring a Thai person to do that work.

For owners who personally manage aspects of a short term condo rental themselves (such as meeting guests, handing over keys, fixing problems, or instructing others to do so whilst in Thailand), I think you are in the worst position by not having a work permit and renting your condo in contravention of the Hotel Act.

I'll be very clear about this: I am not a lawyer so this is not a legal opinion. Do not get yourself into a situation where your only defense is saying, "Well blackcab said..." while you try to desperately PM me from Thong Lor police station.

On the other hand, I speak from the position of holding one of the few work permits issued that actually allows me to transact business related to property. In a nutshell, I'm a foreigner and I can rent out condos. For anyone.

Part of my job description in my work permit (attached below) states that I can:

Act as an Agent to:

Buy, Sell, Sell with the Right of Redemption, Arrange a Rental Period or Lease for a Landlord or a Tenant, for:

any Land, House, Condominium or any other Construction whatsoever, and also for:

any other kind of asset fixed to the land including rivers, ponds, trees, minerals (and much more as the list of included items is quite long).

As I said, this isn't a legal opinion, but it does come from someone who has legitimate, in-country experience of this situation.

If anyone has any questions I'll do my best to help answer them if I can.

Thank you,

Actual real information from someone who knows about this topic.

Actual information from somebody's experience, not the law. And those 2 can be completely different here.

[stevenl]

so this means that the guy i rent from is not legal; foreigner, flew in here and bought it for investment puposes to rent it out and maybe 1 day resell it and flew out. never visits Thailand; and when i rented the place he initially asked if i could wire the rent-money abroad every month, i said no because wire fees, he agreed and arranged for me to pay the rent to an agents account here. but the question remains in cases like this where the building is demanding a copy of the WP that doesn't exist what will they do when the owner cannot come up with the WP? kick the tenant out and tell him he can only live in it or sell it?

"in cases like this where the building is demanding a copy of the WP"

Nobody is asking for any workpermits.

The OP is about a case where a condo manager states that officially a workpermit is required. He claims to be backed by ministry of labor and his own lawyer. True or not is the discussion, enforced or not may be something for the future.

But at the moment nobody is asking for a workpermit, also not in the OP.

[KittenKong]

so this means that the guy i rent from is not legal; foreigner, flew in here and bought it for investment puposes to rent it out and maybe 1 day resell it and flew out. never visits Thailand; and when i rented the place he initially asked if i could wire the rent-money abroad every month, i said no because wire fees, he agreed and arranged for me to pay the rent to an agents account here. but the question remains in cases like this where the building is demanding a copy of the WP that doesn't exist what will they do when the owner cannot come up with the WP? kick the tenant out and tell him he can only live in it or sell it?

Why would the building ask for a WP ? As far as they are concerned it is legally rented via an agent.

Condo Managment (the buiding) collect condo fees and maintain common property. They are not the WP police.

A rental agreement is between the owner, the agent and the tennant.

Anyone running any sort of business in a condo building is probably breaking the conditions of the internal building regs and the condo act, unless they are doing it in the commercial area of the building. This makes it the JPM's business as one of his tasks is to ensure that the regs and the condo act are obeyed at all times.

Whether those running the businesses have work permits or hotel licences is totally irrelevant, unless the business activity is located in an area of the building specifically designated as commercial. In this case the JPM might wish to satisfy himself that the applicable rules are being respected, even if he isnt personally responsible.

[lucy100]

First of all, the director of Phuket Palace is always intimidating and doing his best with disinformation to profit from the condo owners there, thus the signature " Jurassic person " on this document, This man is a complete criminal who needs to be dealt with. Secondly although this law has been on the books, everyone seems to side step the real cause of the crackdown, which is overbuilding. There are so may new hotel and resorts going up, coupled with bad economies, thus resulting in the low occupancy rates, So this is what might happen?, along with the overbuilding for hotels,there is also overbuilding with condos which will result in a dogfight between associations clamoring for foreign investment, and vacation dollars. Who is going to buy condos, if they have to sit idol when you are not here? This will eventually blow over, or simmer to a boiling point. You hand out building permits and hotel licenses like candy, then complain about your occupancies. Identify the real cause and deal with that, and don't penalize real investors and drive away more potential investors from a basic right to rent out your own home.

[futsukayoi]

So, a foreign Phuket condo owner is sitting in their house in the UK, Europe, America etc, and places their condo on AirBnB.

A tourists books the condo for 2 weeks, and forwards AirBnB payment.

AirBnB forward payment to the condo owner's foreign bank account, minus commission, and the foreign condo owner is "working" in Thailand and needs a work permit.

Thailand continues to embarrass itself on the world stage.

Cant see how he can control nightly rentals on Air BNB. You need to be there to welcome them , give them keys and help with tourist questions , these people are needy. I used to rent a place out in Bangkok monthly only and that was a pain the arse and I was in the country! No way he will be using Air BNB from OS. He would be looking for minimum 1 year rental and an agent to manage busted air con unit or fridge etc

Here in Samui most houses near us are owned by foreigners living overseas and renting through AirBnB or similar. They just have an agent here that they pay to do checkins, check outs, arrange cleaning, sort out airport transfers and keep an eye on the property for them. There are so many places doing it that I know several people working full time at it. The ones I know all employ local staff to help, have work permits and pay taxes. Of course the owners are all getting paid overseas and are therefore running illegal profit making businesses here and avoiding taxes. Would be good to see them stopped or forced to cough up the taxes to help sort out the infrastructure their customers are helping to degrade.

[KittenKong]

You hand out building permits and hotel licenses like candy, then complain about your occupancies. Identify the real cause and deal with that, and don't penalize real investors and drive away more potential investors from a basic right to rent out your own home.

But this is the whole point. Few would complain about a person renting out one unit on a long-term basis when he doesnt currently use it himself. I certainly wouldn't. The complaints are directed at "investors" who operate illegal businesses renting out multiple units on a short-term or medium-term basis, using units that they bought with the specific intention of not living in and of owning solely for profit.

No one has any right to put residential units in a condo to commercial use and Thai law specifically forbids it. It's really very simple.

[Peterw42]

so this means that the guy i rent from is not legal; foreigner, flew in here and bought it for investment puposes to rent it out and maybe 1 day resell it and flew out. never visits Thailand; and when i rented the place he initially asked if i could wire the rent-money abroad every month, i said no because wire fees, he agreed and arranged for me to pay the rent to an agents account here. but the question remains in cases like this where the building is demanding a copy of the WP that doesn't exist what will they do when the owner cannot come up with the WP? kick the tenant out and tell him he can only live in it or sell it?

Why would the building ask for a WP ? As far as they are concerned it is legally rented via an agent.

Condo Managment (the buiding) collect condo fees and maintain common property. They are not the WP police.

A rental agreement is between the owner, the agent and the tennant.

Anyone running any sort of business in a condo building is probably breaking the conditions of the internal building regs and the condo act, unless they are doing it in the commercial area of the building. This makes it the JPM's business as one of his tasks is to ensure that the regs and the condo act are obeyed at all times.

Whether those running the businesses have work permits or hotel licences is totally irrelevant, unless the business activity is located in an area of the building specifically designated as commercial. In this case the JPM might wish to satisfy himself that the applicable rules are being respected, even if he isnt personally responsible.

Yes, I agree, Unless there is a specific condo bylaw that states "WP is required for a foreigner to rent out his condo" Its none of the JPMs business. The JPM enforces the condo rules, not the broader WP, immigration laws.

Its like saying the JPM may wish to satisfy himself that I am wearing a motorbike helmet, as per the law.

[Mangostin]

Why do they get so hard to bite the hand that feeds them.

Have you heard the story of that guy bored to eat eggs every days, so one day he had a hen's broth and the following week he starved to death???

[ttthailand]

First of all, the director of Phuket Palace is always intimidating and doing his best with disinformation to profit from the condo owners there, thus the signature " Jurassic person " on this document, This man is a complete criminal who needs to be dealt with. Secondly although this law has been on the books, everyone seems to side step the real cause of the crackdown, which is overbuilding. There are so may new hotel and resorts going up, coupled with bad economies, thus resulting in the low occupancy rates, So this is what might happen?, along with the overbuilding for hotels,there is also overbuilding with condos which will result in a dogfight between associations clamoring for foreign investment, and vacation dollars. Who is going to buy condos, if they have to sit idol when you are not here? This will eventually blow over, or simmer to a boiling point. You hand out building permits and hotel licenses like candy, then complain about your occupancies. Identify the real cause and deal with that, and don't penalize real investors and drive away more potential investors from a basic right to rent out your own home.

One issue that you did not mention regarding renting condos for less than 30 days is the current owners and renters who live in the building. They don't want a different neighbor every day or week here on holiday and making noise and using the pool and other facilities like they would in a hotel. I know in two building that I have lived in the owners and long term renters had the building rules written very clearly that short term rent would not be tolerated.

If you want to rent by the day or week buy a hotel not a condo, Period !

[OMGImInPattaya]

The owners, both Thai and farang, of these condos have known (or should have known) that renting out their condos short-term or long is a violation of all sorts of Thai laws and regulations. Despite this, they've continued to engage in the practice. All the authorities are doing is enforcing laws currently on the books. How long and vigorous the campaign against these scofflaws will last is anyone's guess.

[Mangostin]

It seems fairly obvious to me that renting properties IS a business and as such would require a work permit for a foreigner. What's the difference between a farang renting several condos out and running a hotel renting rooms out. Both are businesses.

That's undeniable, well said! ....and i seriously hope that more will follow, because if you are cooking your own meal at home, you are clearly taking away business from a restaurant, do you have a business license? No? Then we need some more action, and as soon as even that is sorted, let's take care of all this aliens, why do you think they are called like that? It's because they should have no role in this planet, we need a worldwide's crackdown, StareWhores!!! You aliens go back into the universe, there is a spaceshit leaving every hours, "the planet" is for thai and thai only, there was only a typo in the books when they printed them out, it should have read "thai" planet not "the" planet, i am sure there must to be a law about it somewhere, look at the first pages as it's something that goes back quite a bit in time....

[Henryford]

It seems fairly obvious to me that renting properties IS a business and as such would require a work permit for a foreigner. What's the difference between a farang renting several condos out and running a hotel renting rooms out. Both are businesses.

That's undeniable, well said! ....and i seriously hope that more will follow, because if you are cooking your own meal at home, you are clearly taking away business from a restaurant, do you have a business license? No? Then we need some more action, and as soon as even that is sorted, let's take care of all this aliens, why do you think they are called like that? It's because they should have no role in this planet, we need a worldwide's crackdown, StareWhores!!! You aliens go back into the universe, there is a spaceshit leaving every hours, "the planet" is for thai and thai only, there was only a typo in the books when they printed them out, it should have read "thai" planet not "the" planet, i am sure there must to be a law about it somewhere, look at the first pages as it's something that goes back quite a bit in time....

Hardly a comparison. When i cook a meal at home i cook for myself and i do not "sell" it to someone else. Maybe if i sold meals to other people to generate an income then yes it's business.

[stevenl]

It seems fairly obvious to me that renting properties IS a business and as such would require a work permit for a foreigner. What's the difference between a farang renting several condos out and running a hotel renting rooms out. Both are businesses.

That's undeniable, well said! ....and i seriously hope that more will follow, because if you are cooking your own meal at home, you are clearly taking away business from a restaurant, do you have a business license? No? Then we need some more action, and as soon as even that is sorted, let's take care of all this aliens, why do you think they are called like that? It's because they should have no role in this planet, we need a worldwide's crackdown, StareWhores!!! You aliens go back into the universe, there is a spaceshit leaving every hours, "the planet" is for thai and thai only, there was only a typo in the books when they printed them out, it should have read "thai" planet not "the" planet, i am sure there must to be a law about it somewhere, look at the first pages as it's something that goes back quite a bit in time....

You don't have to agree with a post. But at least have the decency to give a proper answer or just ignore it. Your attempt to ridicule a perfectly sensible is pathetic.

[OMGImInPattaya]

So, a foreign Phuket condo owner is sitting in their house in the UK, Europe, America etc, and places their condo on AirBnB.

A tourists books the condo for 2 weeks, and forwards AirBnB payment.

AirBnB forward payment to the condo owner's foreign bank account, minus commission, and the foreign condo owner is "working" in Thailand and needs a work permit.

Phuket continues to embarrass itself on the world stage.

Collecting income on an asset in Thailand makes one subject to Thai income taxes, as well as other fees for operating a lodging business in the country. You may want to wish this away for your convience and greed but it's the law.

[Henryford]

so this means that the guy i rent from is not legal; foreigner, flew in here and bought it for investment puposes to rent it out and maybe 1 day resell it and flew out. never visits Thailand; and when i rented the place he initially asked if i could wire the rent-money abroad every month, i said no because wire fees, he agreed and arranged for me to pay the rent to an agents account here. but the question remains in cases like this where the building is demanding a copy of the WP that doesn't exist what will they do when the owner cannot come up with the WP? kick the tenant out and tell him he can only live in it or sell it?

Why would the building ask for a WP ? As far as they are concerned it is legally rented via an agent.

Condo Managment (the buiding) collect condo fees and maintain common property. They are not the WP police.

A rental agreement is between the owner, the agent and the tennant.

But the suggestion is that these condos are not being rented legally. Could the JP/Committee turn a blind eye to illegal activities being conducted on condo premises.

[Time Traveller]

Total and utter nonsense, send me a message if you are an owner in Phuket.

Not only Phuket so how do you see this as utter nonsense? Renting out your Condo or other property is an 'Income'. You 100% need a work permit and be registered as a Thai Company. As for not being in the country and renting your property out, that makes it no better, just worse. Times are a changing. Be prepared to lose the lot because that's how it works here.

A source tells me over 30 people are under investigation in Hua Hin for owning houses they actually live in and not even renting them out. The days of simply making a Thai Company just to buy a house are over.

''It is not only the authorities in Phuket which have issued warnings to property owners about renting out their condos illegally.

In May, local government officials raided residential villas and condos in Pranburi, south of Hua Hin, which were suspected of renting out rooms and operating without a hotel license''.

Wrong. There is a difference between earned income eg thru work, and unearned passive income from investments. That's why it's called a WORK permit and not a Income Permit

[Peterw42]

so this means that the guy i rent from is not legal; foreigner, flew in here and bought it for investment puposes to rent it out and maybe 1 day resell it and flew out. never visits Thailand; and when i rented the place he initially asked if i could wire the rent-money abroad every month, i said no because wire fees, he agreed and arranged for me to pay the rent to an agents account here. but the question remains in cases like this where the building is demanding a copy of the WP that doesn't exist what will they do when the owner cannot come up with the WP? kick the tenant out and tell him he can only live in it or sell it?

Why would the building ask for a WP ? As far as they are concerned it is legally rented via an agent.

Condo Managment (the buiding) collect condo fees and maintain common property. They are not the WP police.

A rental agreement is between the owner, the agent and the tennant.

But the suggestion is that these condos are not being rented legally. Could the JP/Committee turn a blind eye to illegal activities being conducted on condo premises.

The only information available to the JP/Committee, would be foreign or thai title. Other than that, I could have given the condo keys to my uncles cousins brother, in exchange for a loaf of bread. I could be letting homeless people live there for free. The JP/ Committee has no way of knowing about a private rental agreement or who is occupying a condo under what circumstances. And frankly, its not really their business.

[Mangostin]

Hardly a comparison. When i cook a meal at home i cook for myself and i do not "sell" it to someone else. Maybe if i sold meals to other people to generate an income then yes it's business.

The definition of "work" doesn't make distinction between doing it for money or for free, you should have known better, it's been discussed to death

But if you don't believe everyone else, the best way to convince yourself is to trying it, just put an advertisement board out of your home, telling people to come and eat for free (no money involved), then explain your theory to the aut aut when they'll show up for a free lunch....