Who can work as an agent in Thailand: the rule for foreigners

Thailand asks one question before you work in property: are you Thai? If you are, there is no licence to get and you can start with any agency. If you are not, the agent’s core work is closed to you, but there are legal jobs around it. This lesson explains the rule, the legal roles and the paperwork.

The 2020 list

The rule comes from a Notification of the Ministry of Labour that prescribes the work foreigners are prohibited from doing. Nagashima Ohno & Tsunematsu, a law firm, summarised it in May 2020:

• It is dated 1 April 2020, was published in the Government Gazette on 21 April 2020 and took effect 60 days after publication.
• It replaced the 1979 list of 39 jobs with 40 items in four annexes.
• It is a ministerial Notification issued under the Foreign Workers Management Emergency Decree. You will often read that it is a “Royal Decree”. It is not.

The first annex, List 1, covers work that is absolutely prohibited. Its item 19 is brokerage or agency work, with one exception: brokerage or agency work in international trade or investment (Acclime, 2024). Khaosod English (July 2023) lists the same item as agent and broker services.

What it means for property. Thaiger (May 2026) reads it this way: listing a property, showing units, negotiating and earning a commission on a transaction are reserved for Thai nationals, and enforcement has tightened since 2024. The sources we used do not treat selling condos to overseas buyers as covered by the trade or investment exception. Do not build a career on that reading without written advice from a Thai lawyer.

If you are Thai

You need no licence, no exam and no registration as an individual (Themis Partner). You can join an agency, a developer’s sales team or a portal’s agency arm from day one. Membership of an association such as TREBA is voluntary and helps your credibility (lesson 3). As an employee, you pay social security and income tax like anyone else (see the end of this lesson).

If you are a foreigner: what you may and may not do

Thaiger and Themis Partner describe a clear split. Foreigners work in roles such as international sales consultant or director, overseas marketing manager, business development, investor relations, consultant, marketing and administration, or as a company director or shareholder within the 49% limit. Thai colleagues handle the transaction side.

A foreigner with the right permit may	A foreigner may not
Market projects to overseas buyers	Take listings from owners
Run marketing, content and campaigns	Show units to buyers
Develop the business and partnerships	Negotiate price and terms
Manage investor relations	Earn a commission on the transaction
Sit on the board or hold shares within 49%	Work on a tourist visa or visa exemption

Your job description is part of the rule. The duties written on your work permit must match what you actually do (Thaiger). A permit for “marketing manager” does not cover running viewings at weekends.

The Non-B visa and the work permit

Thaiger set out the steps in May 2026:

1. Non-Immigrant “B” visa. You apply at a Thai embassy before you arrive. Single entry costs 2,000 baht, multiple entry 5,000 baht.
2. Work permit. Your employer files it. It takes about 7 to 10 business days in Bangkok, or 1 to 3 days for companies promoted by the Board of Investment (BOI) through its Single Window.
3. The employer’s conditions. The company needs 2 million baht of paid-up capital and 4 Thai employees for each foreign work permit. Leto gives the same figures.
4. The salary floor. At least 50,000 baht a month for Western nationals.

So a small agency with two Thai staff cannot legally sponsor you, however keen it is. Ask about capital and headcount before you resign from your current job.

A different route. Leto describes one alternative: working for a foreign company, with clients and payments outside Thailand, on a Long-Term Resident (LTR) “Work-from-Thailand Professional” visa. That is remote work for a business abroad, not a way to sell Thai property inside Thailand.

Penalties

Leto, an agency, published these figures in May and June 2026. We could not verify them independently, so treat them as indicative:

• The worker: a fine of up to 100,000 baht, deportation and a ban on entering Thailand for 1 to 5 years.
• The employer: a fine of up to 400,000 baht for each illegal foreign worker.
• Raids are real. Leto counted 14 raids on agencies in Chonburi (Pattaya) in 2025, with 27 illegal foreign workers identified, against 19 in Phuket and 11 on Koh Samui. It also says many Russian-speaking agents work on tourist visas, which is illegal.

Tax and social security

Thaiger gave the 2026 basics:

• Social security. The monthly wage ceiling rises to 17,500 baht from 2026, so the most you and your employer each pay is 875 baht a month (5% of the ceiling).
• Income tax is progressive, from 0% to 35%.
• The 17% LTR flat tax applies only to industries targeted by the BOI. Real estate is not one of them.

Your quick check

You are	You need
Thai national, starting as an agent	A job with an agency or developer, social security through your employer, an association membership if you want it
Foreigner, offered a sales role that includes viewings	To say no, or to change the role to one the law allows
Foreigner, offered an international marketing or business development role	A Non-B visa, a work permit with matching duties, an employer with 2 million baht capital and 4 Thai staff per foreigner, at least 50,000 baht a month
Foreigner working for a company abroad	Check the LTR Work-from-Thailand Professional route, with clients and pay outside Thailand

What is not allowed

• Agency field work by a foreigner: listing, showing, negotiating or taking a transaction commission.
• Working on a tourist visa or a visa exemption, even “just helping out”.
• A permit that does not match the job. A permit for one role does not cover another.

Practise these points in client skills.

This lesson is general information, not legal or immigration advice. CloserPass is not affiliated with the Ministry of Labour or any government body in Thailand. Immigration rules move fast, so check the official source before you act.