DjChris28

Sad now, I missed registration for the webinar on friday. registrations say its closed ????

So basically to have permanent establishment tax, i'd have to have some sort of business relationship between the company back home in my home country and a thai company (signing contracts between two companies in both countries) or dealing with the thai public (like selling something to the public). Working remotely and doing work that is only for the company back home wouldn't raise permanent establishment.

You might be allowed. there doesn't seem to be a limit on if the employment is temporary, only how it is paid through and using that to determine "who the employer is", but I guess your ltr visa would be invalid after your term finishes. I would ask BOI.

Are you working for the employer under their payroll? If you are contractor through a recruitment agency or your own private company, then no.

Here's the thing. I want to go for new years for a few weeks, but need to come back home to sort some stuff out and end my rental and then I'll stay with friends back home. After which I'll want to go back to Thailand with all the money I've saved up (it's alot) and holiday for a good 6 months or so. I'm thinking of STV visa on the second trip. I'd get a STV for the whole thing if the STV visa actually was a multi entry. So hopefully this won't be a problem considering there would only be maybe a month or two break between the two journeys.

Is there a limit on the amount of 3 month tourist visa you can apply for in a year? (Assuming you can prove you have the money to support yourself).

Bad news folks if you are thinking about this visa while you are under a contractor arrangement. They consider your own company as the employer. I'll have to talk to my boss to see if they will make me a permanent employee. " Please be informed that a candidate for a Work-From-Thailand Professional category must have an employer, even though they are business owners. From our point of view, we think your own private company is your actual employer rather than its clients. If you could provide us a certificate of employment or equivalent, signed by an authorized person of your company, indicating your position in your company, monthly or yearly salary, and employment period (open-ended contract). You then could apply for this visa. The following condition of the Work-From-Thailand Professional category would apply only to your consulting company. - Current employer must have one of the following characteristics; a) a public company listed on the stock exchange in any country b) a private company that has been in operation for at least three years and has total combined revenue of more than $150 million in the last three years (Audited corporate’s annual financial statement or financial report showing the revenue in the last 3 years of no less than 150 million USD is required as proof) In answer to your second question, LTR Visa holders are able to leave or re-enter the country anytime (the visa itself is multiple type, which you do not need to obtain the re-entry permit in order to re-enter the Kingdom)

That's a possibility that if I only use the LTR visa for 6 months per year and stay half the year back home, i won't be taxed for the income I bring in anyway into Thailand for those 6 months (Assuming the LTR visa doesn't require me to be in Thailand the whole year - that's another question I'm asking BOI)

Yes, Australia has a double taxation agreement with thailand.

Now that I read it, it's still possible to pay tax under the work from thailand. "LTR visa holders under the Wealthy Global Citizen, Wealthy Pensioner or Work from Thailand Professional categories will be entitled to an income tax exemption under the remittance rule, i.e., income earned in previous years and brought to Thailand during the succeeding year will be exempt." Meaning, you'll have to have two separate bank accounts - money you earned in previous year gets moved to this bank account and then you only spend from that previous years bank account. My employer isn't going to let me work for them under their payroll that means as a permanent employee, which means i'll need to run it through my own company to manage the tax issues. But then, will the LTR visa allow me to run it through my own company in the middle? It also means i'll be a contractor to my employer and not a permanent employee. BDO Insight: The tax concessions can be revoked with retrospective effect if the taxpayer does not comply with the conditions and requirements. This can potentially affect the employer’s tax reporting requirements. And this is exactly why my employer won't allow me to do this visa under being with them an a permanent employee. If they are liable, they are not interested. Which means I have to do it through my own company which this visa won't allow (as my own company is not making 150 million USD per year).

It's also by law in our country (Australia) that we have to withheld tax, if the employee is working overseas and that country will tax (After 60 consecutive days outside the country, our government says we must withheld tax if the other country will tax) , but because there is no formal rules, that is what stops it. Fun and games: https://www.ato.gov.au/business/payg-withholding/in-detail/employees-who-work-in-a-foreign-country/ " Your employee is in any foreign country for a consecutive period of at least 60 days. The period of 60 consecutive days commences at the time that the employee starts work in the foreign country. This period includes non-working days and will end if the employee returns to Australia."

So technically, it's not legal then. The point is I have to sell this to my employer of the legal and tax status.. All I need is Thailand elite visa to come forward and say we can do it, because if we are ever taken to court or deported for working remotely, Thailand elite will be held responsible lol. My employer doesn't want to find out they are liable for tax or employment issues.

I was just reading the thai elite website: https://thailand-elite.com/visa/ It says this under "Can I work with a Thailand Elite Visa?" "If your business is oversea and your income are earned from oversea, you can hold a Thailand Elite Visa." I'm thinking, wait?? so you can legally work remotely on an elite visa all this time? Or do they mean you can have the visa in your passport if you currently have a business back home, generate revenue back home but while doing the actual work reside in your home country? There is three things here: a) Where the business is located b) Where the income is paid from c) Where the work is physically done from

I tried messaging BOI in Sydney Australia. They havn't responded to my email.

In regards to point 10. it says "Evidence of intellectual property ownership". I thought that was if you earn under 80K USD per year? What exactly is that if I will require proof of it? The work I do for my employer is owned by my employer. My employer isn't going to reveal IP.

This is what i'm asking BOI. Do we need to work for the employer as a permanent employee. What about if we are contracting? Will they accept a company "in the middle" and the employer should be regarded as who we issue service contracts to and invoice to.

The issue with that is even if i got an elite visa if I ever want to work there, i'd have to cancel the elite visa to get the non imm b visa and they won't refund the remainder of the elite visa.. It's a shame i can't run the 2 visa side by side, that is an elite visa and a non imm b visa for when iu'm working there. And then when no longer working, they just cancel the non imm b visa but i can still visit via the elite visa without having to pay again for the elite visa.

Oh, I will quit and reapply for a new job when i come back to Aus. That's why I contract, can do a gig for 6 months and then i'm a free man afterwards. Work is like rain. it just comes and comes back home. Not so much in thailand.

They need Tech leads more which is more management type roles. Software engineers will be handed to the cheaper labor. But even as a tech lead, they will look to see if you've been the type to jump around alot in your career, but that's the nature of contracting work in the west. My boss knows he will lose me if he doesn't. So I use that playing card. Companies don't want to allow people to do this because "It's something they have never done before" and they think it gives too much power to the employee. At worst case, next year, I'm going to Thailand with a lot of savings and gonna stay there for 6 months minimum so my boss knows he will lose me unless he offers me remote working from anywhere. I'm trying to use the golden handcuffs against the whole situation - that is if I get paid well back home and that stops employers in Thailand from hiring, then I'll use the money I make to just live there for periods of time just on savings on and off.

Well from my experience of applying for work in Thailand. I went to many interviews in Thailand and I spent a good portion of the interview explaining why I would be stable and why I would want to come work in Thailand when I can earn so much back home. I'd say it's rare to find anyone who earns good to come work in Thailand, but once you are the type that wants to work in Thailand even when you earn well back home and you are willing to waive salary for the lifestyle, it's hard to even convince an employer to hire you. I've had Facebook headhunt me a few months back and I declined to go forward with them, but yet when I'm in Thailand, I could by applying for a software engineering role for like 6 months. This is why the LTR might be attractive to me. But getting an employer back home willing to allow me to live in another country is also difficult. About prob the same as landing a job in Thailand.

Right. They just go holiday there on the savings. Although nobody wants to spend 600k baht on a elite visa if they only go there half the year. What i'd really like to see is the elite visa offering 1 year options at maybe 120k baht.

80k is steep. The only way it saves money is if they don't have to rent back home in their home country. Employers here in Australia are reluctant to allow you remote work through a permanent employee setup and reside overseas due to worrying about tax issues. They are happy to let you run it though your own company but that has it's own problems. In Australia, it has a director resident requirement meaning if you are a sole person/director in your company, you'll have to have a residential address in Australia. Dubai has a 60k USD requirement, but that is after tax AND dubai is very expensive and you can't rent while on their remote working visa. And airbnb is like $4000 USD per month in dubai so I can understand why the requirement is high. Whereas Thailand are just being greedy in my opinion. There's no need for that requirement from a cost of living point of view.

The likely countries that will be most eligible for this visa based on timezone and also meet salary requirements would likely be: Australia New Zealand United Arab Emirates Saudi Arabia Singapore Hong Kong Japan. South Korea. That's their audience.

I read that, but it doesn't answer most of my questions.

So I should be eligible for this visa, but there alot of questions that need answering. I bet when this comes out, there will be no way to ask questions without actually flying to thailand and going to an immigration centre. a) The section Highly skilled professional, does this include overseas companies or is it only for Thai companies? It says "Targeted industries" in the employer section. But it doesn't say if this is for thai companies only. b) Is the 80k USD gross or net income? I can meet the gross requirement, but net is on and off meeting that requirement depending on USD exchange rate. c) are we required to spend the whole year there or can we come and go and work remotely there while we are there? d) With the 100k USD deposit, do you just mean just show that you have 100k USD in the bank or do we actually have to pay you 100K USD? Why would anyone offer 100K USD when the health insurance will be much cheaper? e) Are we taxed on international income? If so, will you honor double taxation agreement and not tax us the difference our home countries tax us anyway? f) The 150 million requirement for the employer, what exactly do you consider "the employer". If I run it through my own company/entity in the middle and I invoice and bill my only employer/service contract who has a revenue over 150 million, does this count? If it does not, it means i'll have to work directly for the employer as a permanent employee. It's funny this visa. I might JUST not be able to meet the requirements. But on the other hand, I have over 100K USD in savings and I earn so much that I can technically every 6 months, take a 6 months holiday with the savings I have. It's like thailand, when they come out with these types of visas, there's always better options elsewhere that the visa's become redundant. For me, I can already work for an employer in thailand on an non imm b visa for my skills and I earn so much back home, that I can just holiday every 6 months. That has come to me first even before meeting the requirements of this visa. It's quite funny. Who is this visa suited for: a) People who earn so much back home that want to live in thailand but don't want to be paid low. b) People who can't get work in thailand due to being paid highly back home and employer's in thailand not wanting to hire them because of salary differences.