Work permit and freelance extra work through upwork

[tramirez]

I have a regular WP as mobile app developer. 

 

I'd like to do some extra work on upwork (not for my thai company) and I'd also like to comply with the local rules and pay taxes on it. 

 

Upwork usually requires a billing address and releases invoice on it. 

 

Is it ok if I use my thai address and declare that income on the personal income tax return? 

 

Or the law does not allow to do extra freelance work even if you have a WP? 

Edited June 23, 2021 by Fredothai

[jackdd]

You can't legally work as freelancer. You may only work as employee for a registered business. As a foreigner you can't register a personal business.

[tramirez]

So basically if someone works for a company in this country, he can't do anything else for making money on his free time? 

Its sounds so weird that there is no alternative. 

[VocalNeal]

Do you have a bank account in your home country? It has an address connected to it?

[impulse]

2 hours ago, jackdd said:

You can't legally work as freelancer. You may only work as employee for a registered business. As a foreigner you can't register a personal business.

 

I thought that rule was changed a few years back and moonlighting became legal as long as you have a WP and your moonlighting isn't in one of the protected vocations?

 

[wmlc]

9 hours ago, jackdd said:

You can't legally work as freelancer. You may only work as employee for a registered business. As a foreigner you can't register a personal business.

Really ? So I guess the 20-30 Sole Proprietorships i registered  for foreigners in my law firm was just a figment of my imagination. Kindly do your homework before making this statement. 

Edited June 24, 2021 by wmlc

[wmlc]

If you are by chance an American citizen, you can open a sole proprietorship. 

[jackdd]

17 minutes ago, wmlc said:

Really ? So I guess the 20-30 Sole Proprietorships i registered  for foreigners in my law firm was just a figment of my imagination. Kindly do your homework before making this statement. 

 

13 minutes ago, wmlc said:

If you are by chance an American citizen, you can open a sole proprietorship. 

So as a citizen of one out of 195 countries it's possible? Then my answer is still 99.5% correct.

[CLW]

Just keep quiet about it. 

[lordblackader]

10 hours ago, impulse said:

 

I thought that rule was changed a few years back and moonlighting became legal as long as you have a WP and your moonlighting isn't in one of the protected vocations?

 

 

It absolutely was. 
 

13 hours ago, jackdd said:

You can't legally work as freelancer. You may only work as employee for a registered business. As a foreigner you can't register a personal business.

 

As long as it's not a protected profession and op is already working for a company with a work permit he absolutely can work additional jobs, even as a freelancer. 

 

Emergency Decree on Non-Thais’ Working Management (No.2) (2018) Section 28 " a work permit holder may engage in any work that is not specifically prohibited to all foreigners on the 'Official List' of work prohibited to foreigners."

According to an online source "As a consequence, any foreigner who has a work permit in Thailand may now, work anywhere, for anyone, and do any type work, that is not excluded by the Official List."

[jackdd]

31 minutes ago, lordblackader said:

As long as it's not a protected profession and op is already working for a company with a work permit he absolutely can work additional jobs, even as a freelancer. 

 

Emergency Decree on Non-Thais’ Working Management (No.2) (2018) Section 28 " a work permit holder may engage in any work that is not specifically prohibited to all foreigners on the 'Official List' of work prohibited to foreigners."

According to an online source "As a consequence, any foreigner who has a work permit in Thailand may now, work anywhere, for anyone, and do any type work, that is not excluded by the Official List."

If you do any kind of work in Thailand, you either have to be employed, or you need to have registered a sole proprietorship (at minimum), this applies to everybody, including Thais.

According to the previous poster US citizens can register a sole proprietorship, but as far as I know that's not possible for any other foreigners.

So yes, your work permit allows you to work at any kind (if the work is not prohibited for foreigners) of registered business, but if you do work without having it registered you are still breaking laws.

 

Edited June 24, 2021 by jackdd

[tramirez]

Does anyone know a law firm here in Bangkok that can provide CLEAR advice on this matter? 

I'm a software developer. 

I don't think my work is under that list of prohibited jobs... 

Fun fact is that I would also like to locl taxes on my income (through the personal tax return) ... I bet thailand will be happy about that.

I was just hoping not to start any sole proprietorship or anything like that. Moreover I am not from US. 

Edited June 24, 2021 by Fredothai

[CLW]

20 hours ago, Fredothai said:

Does anyone know a law firm here in Bangkok that can provide CLEAR advice on this matter? 

I'm a software developer. 

I don't think my work is under that list of prohibited jobs... 

Fun fact is that I would also like to locl taxes on my income (through the personal tax return) ... I bet thailand will be happy about that.

I was just hoping not to start any sole proprietorship or anything like that. Moreover I am not from US. 

I simply don't understand why you are making it so difficult?

As long as you don't work on Upwork for Thailand-based clients nothing is going to as long as you don't tell anyone about it.

Do you have an idea how many people work here under the radar in a similar situation like yours?

I can't be bothered to search for the quote now but even immigration once gave a statement that as long as you're working remote there won't be any problem.

[FritsSikkink]

On 6/23/2021 at 9:45 PM, jackdd said:

 As a foreigner you can't register a personal business.

Yes, you can 

[FritsSikkink]

38 minutes ago, CLW said:

I simply don't understand why you are making it so difficult?

As long as you don't work on Upwork for Thailand-based clients nothing is going to as long as you don't tell anyone about it.

Do you have an idea how many people work here under the radar in a similar situation like yours?

I can't be bothered to search for the quote now but even immigration once gave a statement that as long as you're working remote there won't be any problem.

That immigration quote has no value as the Labor department is responsible for work issues.

[tramirez]

Ok, no problem. Thanks. 

Edited June 25, 2021 by Fredothai