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Digital Nomads, is it allowed or still illegal


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Making money in Thailand is illegal unless you have a work permit so that's what it boils down to. There's always the possibility that someone would report you for working in Thailand especially if you rub them up the wrong way. My Australian friend was making a lot of home-made wine. He had a row with a local who reported him to the police. It can happen in any country. 

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13 hours ago, Swiss1960 said:

that is a good question which I would also like to know more about, specially given the raid on the "callcenter" in BKK with the french citizens... what I read was that they were mainly arrested because they were on tourist visas, but they all claimed that they worked for french companies only...

 

Main question for me is, digital nomad lives in Thailand, has contract with a European company and works for European business purposes only... so whom would he take a job away that he would need a work permit

Those guys were operating a call center that tried to scam French and Belgian companies. They said they worked for a financial Singaporean company and wanted to 'help' with bookkeeping and tax optimization. It was Interpol who contacted the Thai authorities to stop them. So not your average DN. ????

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There are several cases already published that it is not legal to work for foreign companies online in Thailand on a tourist visa. 

 

It is also not legal to sell books or membership sites promoting Thailand while on retirement visa or long-term tourist visa. 

 

I have dared people in this forum to report to immigration about their online selling activities and let immigration determine whether it is legal or not; so far, none has reported back in this forum.

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28 minutes ago, gamini said:

Making money in Thailand is illegal unless you have a work permit so that's what it boils down to. There's always the possibility that someone would report you for working in Thailand especially if you rub them up the wrong way. My Australian friend was making a lot of home-made wine. He had a row with a local who reported him to the police. It can happen in any country. 

I have quite a bit more than I came with six years ago..it is called being a custodian of your assets, and as 'LOS'S post confirms that is perfectly legal.  I wouldn't say I was a trader, even though I am..the only answer I give is RETIRED, but I have had some big days in the markets.  

 

Making wine is clearly illegal, and could get you in trouble with several departments.  

Edited by moontang
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2 hours ago, ChiangMaiNomad said:

Being a digital nomad, or digital/remote professional, is not illegal if you get a visa and work permit through a company like Shelter (https://shelter.global).

 

With how easy the application process is nowadays (if you meet the minimum requirements on their website), there is really no reason to run the risk of working on an ED visa or tourist visa.

 

2 hours ago, jackinbangkok said:

I know of one service my young digital nomad friend avails successfully and is in Thailand since yrs called GENtres ( search on google for their site ) . Such services are allowed BUt with Work visa same as Thai Elite Visa is for long term tourists 

Both of these sites (mentioned by posters with three posts) look like a scam.

Any credible source that they are not a scam?

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4 minutes ago, jackdd said:

 

Both of these sites (mentioned by posters with three posts) look like a scam.

Any credible source that they are not a scam?

There was one in CM...basically you are giving them 35-40% of your receipts, which need to be 150k of so...they make it cheaper for Europeans to work here, as they don't have tax treaties with Thailand.  Turnover was very high, as most were dreaming about their revenue.  Imo, not a scam, but not a good deal either, but depends on ones citizenship.  They used an example of a Finn..where taxes are high.

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4 hours ago, jackinbangkok said:

I know of one service my young digital nomad friend avails successfully and is in Thailand since yrs called GENtres ( search on google for their site ) . Such services are allowed BUt with Work visa same as Thai Elite Visa is for long term tourists 

 

There is no work visa, but there is a work permit.

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There is a BOI proposal at the moment to extend the SMART Visa to remote workers (in specific industries with a minimum income). There were two BOI forums held in Chiang Mai last year were they invited digital nomads to provide input on the SMART Visa and recommendations moving forwards. Chiang Mai University also conducted research on the economic impact of digital nomads. The authorities are very aware of the situation and seem to be working towards creating a way for remote workers to work in Thailand legally.


When (and if) it will happen is the big question.

Edited by belfast3
typo
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15 hours ago, Tuvoc said:

If you place any weight on Integrity Legal's opinion, they have a youtube video stating that a work permit is required, but I think caveated with "to be on the safe side". Until there is an immigration or police raid, I'm not sure that we know with absolute certainty.

Yes, it's a definite maybe.

Edited by overherebc
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20 hours ago, Swiss1960 said:

that is a good question which I would also like to know more about, specially given the raid on the "callcenter" in BKK with the french citizens... what I read was that they were mainly arrested because they were on tourist visas, but they all claimed that they worked for french companies only...

That was a boiler room , got nothing to do with digital nomads. 

As long as you stay home and use your own laptop and as long as your business got nothing to do with Thailand, you don't have to worry.

Or sit inside a coffee shop, to relax with a coffee , and at the same time , maybe talk to someone about your business in Europe. Nothing to worry about. 

 

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Every time we start a thread about digital nomads,  30% of the posts are from LivinLOS. I think he claim to be a lawyer of some sorts.

Don't worry guys, enjoy your coffee at Starbucks and keep posting on Instagram , Youtube, or maybe send a mail to your business associate , that would really upset him if you do that. 

 

 

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23 hours ago, beano2274 said:

Is it still illegal to work as a Digital Nomad in Thailand, or have the laws been changed to allow it.

Still illegal. No law changes.

 

Quote

If it is now allowed how does someone apply for a WP.

You can only get a WP if employed by a business operating in the country.

 

The authorities clearly don’t have a problem with ‘tourists’ keeping up with their work/business while on holiday. All the time you’re on a TR entry they can’t really touch you, although I wouldn’t push that passed 6 months. If working on any long term stay/visa you’re on very dodgy ground.

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11 hours ago, belfast3 said:

There is a BOI proposal at the moment to extend the SMART Visa to remote workers (in specific industries with a minimum income).

Boy, that seems like a good way to kill it... ????

 

I make ~10% of my annual income by “working” for my company back in the US.  I am technically paid to check email and voicemail and to be available if there is an issue.  I have done this from ~9 countries last year, which safely puts me in the “nomad” category.  I fully acknowledge that this activity is not legit while on a tourist visa in at least 4 of the 9 countries, but really it comes down to nobody actually cares, and enforcing it runs too high of a risk of alienating legitimate tourists.

 

It would be nice if there was a better structure for people in similar situations to fit in, but if you are truly a nomad then getting legal in every place you visit gets impossibly complicated. 

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6 hours ago, balo said:

That was a boiler room , got nothing to do with digital nomads. 
 

I am being told by someone down in bangkok familiar that it wasnt a scam center as painted in media.. Its just they didnt have work permits and were working as a collective (so you can say office or not yet registered business) one of them was leading it an incorporating apparently but not fast enough.. It reads like boiler room in the press for sure. 

 

Quote

As long as you stay home and use your own laptop and as long as your business got nothing to do with Thailand, you don't have to worry.

Or sit inside a coffee shop, to relax with a coffee , and at the same time , maybe talk to someone about your business in Europe. Nothing to worry about. 

So now downgraded from being legal, to not enforced and hard to get caught if you keep quiet.. Agreed. 
 

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6 hours ago, balo said:

Every time we start a thread about digital nomads,  30% of the posts are from LivinLOS. I think he claim to be a lawyer of some sorts.

 

Not a lawyer... Cross border income tax expert and labour legalization consultant I guess. 

 

Its simple.. if you are in an engagement of any profession, with or without employer, but excluding business operation of a licensee under the foreign business law.” youneed a work permit or exemption otherwise your breaking Thai law. 

 

Which is always why all those tourist and retirement visas are clearly marked, employment prohibited and people get turned away at the airport because of suspicion they will work. 

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12 hours ago, belfast3 said:

There is a BOI proposal at the moment to extend the SMART Visa to remote workers (in specific industries with a minimum income). There were two BOI forums held in Chiang Mai last year were they invited digital nomads to provide input on the SMART Visa and recommendations moving forwards. Chiang Mai University also conducted research on the economic impact of digital nomads. The authorities are very aware of the situation and seem to be working towards creating a way for remote workers to work in Thailand legally.


When (and if) it will happen is the big question.

And at what price.. From what I can see, everyone wants a solution, but the expectation is this solution has to compete with 'free', or at least the cost of doing visa runs etc. 

Thailand has a min wage and tax and social security basis.. Lets say they did the smart visa for successful online workers (120k a month min ??) I think that comes to ballpark 15k a month in tax, then suddenly all the successful nomads, howl at the price point of actually paying costs. 

 

Estonia wants what 10% of gross ?? I am unsure why the expectation is that tax residency here for active income should be cheaper. 

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I have a business here, i cant work on the premises of my business because i dont have a WP, so i employ Thai staff. Every day and night i sit at my laptop at home and update my social media for my business. Legal or illegal?, if illegal, then every non Thai business owner without a WP is 'working'???

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