Call us now:
Why living in Thailand requires comprehensive legal support
Every year, many expatriates, families, entrepreneurs, and retirees decide that they want to be living in Thailand because of its high quality of life, safety, modern infrastructure, and economic prospects. However, a life in Thailand means navigating a legal environment that includes the Immigration Act B.E. 2522, the Land Code Act B.E. 2497, the Revenue Code, the Foreign Business Act B.E. 2542, and many other sector-specific regulations. For many, living in Thailand begins with choosing a visa, but this is only one step among many. Expatriates must also understand tax residency rules, real estate restrictions, requirements for working legally, the risks associated with purchasing property, and how to structure their income.
Benoit & Partners assists foreigners with all procedures, from selecting the most suitable visa to setting up a business, conducting due diligence on real estate, performing tax analysis, and representing clients before government agencies. Our comprehensive approach guarantees the level of security essential for those who wish to be living in Thailand with complete peace of mind.
Table of Contents
Living in Thailand: the essential legal framework to understand before moving
Living in Thailand requires an understanding of a legal environment that is very different from the European system. Residence, the right to work, and taxation are strictly regulated by specific laws, in particular the Immigration Act B.E. 2522, the Royal Decree on the Management of Foreign Workers, and the Revenue Code. Many expatriates believe that obtaining a visa is sufficient to settle in, whereas the majority of the really important obligations arise after arrival.
The Thai authorities require regular reporting. For example, anyone with a long-term visa must report to the immigration office every 90 days. This formality, which seems simple, results in immediate fines if forgotten.
It is also essential to distinguish between a visa and a work permit, as these two documents do not serve the same purpose. A visa only allows you to enter and stay in Thailand. It does not, on its own, grant you permission to work. The right to work depends on a work permit issued under the Royal Decree on the Management of Foreign Workers. An expatriate may therefore have a perfectly valid visa but be in violation of the law if they work without a work permit. This error regularly leads to checks, fines, and temporary residence bans. Anyone wishing to move to Thailand for a professional project must therefore secure these two separate elements from the outset.
Understanding taxation when you want to be living in Thailand
The issue of taxation has become even more important since Notifications 161 and 162 came into effect in 2024. Prior to this reform, a person could be living in Thailand as a tax resident without being taxed on their foreign income as long as they did not repatriate it in the same year. Since the notifications, the rules have changed. An expatriate is now liable to be taxed in Thailand on any foreign income transferred to the country, even if it was earned in the previous year. This applies to salaries, dividends, rental income, payments from foreign clients, and capital gains. Many expatriates who wish to live in Thailand are unaware that this simple bank transfer can create an immediate tax liability.
Benoit & Partners therefore establishes a personalized tax strategy before the client’s arrival. We analyze the source of income, the date of receipt, the existence of a bilateral tax treaty, and the impact of the reform. Living in Thailand must be accompanied by solid tax preparation, as these mistakes result in penalties and can complicate the renewal of long-term visas.
What visa do you need to be living in Thailand: legal framework and strategic choices
To be living in Thailand, it is essential to anticipate all the practical and legal aspects that arise in the first few weeks. Settling in involves much more than just finding a place to live. It also involves enrolling your children in school, opening a bank account, obtaining health insurance, signing contracts, registering with local authorities, obtaining a tax number, and securing an employment contract.
Visas for living in Thailand: understanding the available options
To live in Thailand, you need to choose the right visa. The legal framework is quite strict, as it is entirely governed by the Immigration Act B.E. 2522. The first group of visas includes personal stay visas, including the O or O-A retirement visa for people over the age of 50. This visa requires a minimum level of funds and medical insurance for certain variants. It is one of the most stable options for life in Thailand on a long-term basis.
Another very common option is the O (marriage) visa, which allows you to be living in Thailand with a Thai spouse. This visa requires proof of financial capacity or regular income, as well as compliance with annual procedures.
The framework for professional visas is strictly regulated. The B (business) visa is intended for employees and entrepreneurs. It allows the holder to live in Thailand to carry out an activity, but requires the presence of an employer or company that complies with the Foreign Business Act. The B visa is never sufficient to work; it must be combined with a work permit, in accordance with the Royal Decree on Management of Foreign Workers. For more qualified profiles, long-term visas such as the LTR offer a solution for investors, wealthy retirees, or highly skilled workers, with strict conditions regarding income, insurance, and professional experience. In addition, there is the ED visa, used for university studies, learning Thai, or schooling. It is intended for expatriates who wish to live in Thailand for a short period of time for the purpose of learning or language integration.
The DTV is now an attractive option for online workers, digital entrepreneurs, and content creators. This visa allows people to live in Thailand with a certain degree of flexibility, while imposing strict conditions in terms of income and insurance.
If you would like more information about online workers in Bangkok, please see our article.
The ability to open a bank account depending on the visa chosen
The visa directly influences access to banking services. Thai banks apply their own internal rules, which are often stricter than the law. Expatriates wishing to be living in Thailand should be aware that most institutions only open accounts for holders of long-term visas such as the B visa, O-A visa, O visa, LTR visa, or certain variants of the ED visa. Tourist visas or DTVs, on the other hand, do not generally allow you to open a bank account, as they do not constitute sufficient proof of residence.
Opening a bank account is essential when living in Thailand, as it is required for receiving a salary, paying rent, accessing insurance, and setting up direct debits. Our firm prepares the necessary documents, contacts partner banks, organizes appointments, and provides comprehensive support until the account is opened.
Get expert legal guidance.
Living in Thailand as an entrepreneur: what are the legal requirements for doing business?
Many expatriates want to move to Thailand to start a business, work as a freelancer, or launch an online business, but the law greatly limits these possibilities. The Foreign Business Act restricts foreign ownership to 49% in many sectors. A 100% foreign-owned company is only possible with a Foreign Business License or under the BOI, which is reserved for specific activities. The creation of a company therefore requires a compliant capital structure, appropriate voting rights, regular accounting, and the necessary licenses. Benoit & Partners secures each step to avoid any discrepancy between the expatriate’s project and what Thai law actually allows.
Living in Thailand to start a business also requires strict compliance. The company must maintain rigorous accounting records, report its income monthly, comply with employee obligations under the Labor Protection Act, and obtain work permits for foreign nationals. Benoit & Partners assists entrepreneurs at every stage: incorporation, drafting of articles of association, structuring of share ownership, permit applications, tax compliance, relations with the Department of Business Development, and preparation of work permits. Our involvement ensures that the company is compliant from day one, avoiding disputes and administrative investigations.
Living in Thailand and buying property: what protections should you put in place?
For those who wish to live in Thailand, buying real estate must be approached with caution, as the legal framework imposes strict limits on foreigners. The Land Code Act prohibits the purchase of land, except in very specific cases. In practice, the simplest solution remains the second option, authorized by the Condominium Act, provided that the foreign quota of 49% is not exceeded and that the funds are transferred from abroad via a FET form.
For a villa or land, other legal tools can be used to secure occupancy: a 30-year lease, usufruct, superficies, or ownership of the building separate from the land. Each of these options must be drafted with precision to avoid any reclassification or invalidity.
Buying in Thailand also involves checking the property’s compliance. Our firm carries out a complete due diligence process: title deeds, building permits, licenses, any debts of the legal person, common charges, and mortgages. We draft or amend contracts, negotiate terms, and assist with registration at the Land Office. In a legal system that differs from that of Europe, this protection is essential for buying safely when you want to move to Thailand.
Why choose Benoit & Partners when you want to be living in Thailand?
Living in Thailand is a big decision that changes your personal and professional life. The Thai legal system is rich but demanding. Expatriates have to deal with complex laws, strict administrative requirements, and institutions that work very differently from those in Europe. Benoit & Partners offers comprehensive support to simplify each step of the process. Our firm advises clients on visas, taxation, real estate, business creation, corporate compliance, and dealing with local authorities.
Moving to Thailand with Benoit & Partners means benefiting from Franco-Thai expertise that protects your interests and ensures a smooth transition.
Conclusion
Choosing to live in Thailand is a unique opportunity; however, such an adventure requires rigorous legal advice. Indeed, issues such as the type of visa to use, taxation, purchasing real estate, setting up a company, and administrative obligations are areas in which Thai law requires detailed and precise knowledge. Without legal support, the risks of errors, penalties, or disputes are real.
Thanks to its experience with hundreds of expatriates, Benoit & Partners supports each stage of the project, anticipates difficulties, secures contracts, represents its clients before the authorities, and protects their rights. Living in Thailand then becomes a smooth, supervised, and stress-free transition. With a competent law firm, expatriation becomes a stable and lasting experience, based on solid legal foundations.
FAQ
It depends on your plans. The retirement visa, B visa, O visa, ED visa, or LTR visa are the main options. Benoit & Partners will identify the most secure visa for your situation.
Yes, but only with a valid work permit. A visa alone is never enough. We take care of all the necessary steps with the Ministry of Labor.
You cannot buy land, but you can buy a condo or secure a house through a lease, usufruct, or superficies. We check the titles and draft the contracts.
A tax resident must declare their income according to the Revenue Code. Repatriated foreign income may be taxed. We structure your taxation before and after you move.
Yes, but the visa must be appropriate. Long-term visas make it easier to open an account. We assist with the preparation of documents and the bank appointment.
To avoid mistakes regarding visas, taxation, real estate, or company formation. Benoit & Partners secures every step of your relocation.