Permanent Residence while getting paid from another country. Need work permit?

[andrewfenn]

Just wondering what exactly the situation is for permanent residence holders that are working for a company and being paid outside of Thailand. Obviously you still need to pay tax but does one still need a work permit in theory or practice?

[jackdd]

You can't get a work permit if you are not working for a Thai company

[andrewfenn]

I understand that you can not get one. My question was more along the lines of what is legally expected if I am working for a company overseas while on PR. It's not really clear to me, and what happens when I start paying tax without a work permit.

[ubonjoe]

You don't have to have a work permit to pay taxes. Income earned outside the country can be declared and taxes paid.

[sanuk711]

24 minutes ago, andrewfenn said:

Obviously you still need to pay tax but does one still need a work permit in theory or practice?

Are you looking to pay tax andrewfenn ?........................ I'll have to frame this post.

[scorecard]

On 9/14/2021 at 12:55 PM, jackdd said:

You can't get a work permit if you are not working for a Thai company

Foreigners holding a Certificate of Residency (Permanent Residency - PR) still need a work permit to work legally in Thailand.

 

In other words, holding PR doesn't cancel the need to have a Thai work permit. 

[tracker1]

They might be worried you may claim welfare payments being a PR

[khunPer]

On 9/14/2021 at 5:03 AM, andrewfenn said:

I understand that you can not get one. My question was more along the lines of what is legally expected if I am working for a company overseas while on PR. It's not really clear to me, and what happens when I start paying tax without a work permit

In principle you cannot work inside Thailand without a work permit - an often discussed subject - but if you're working for an off shore company - i.e. being digital nomad or like - the authorities normally don't care much; they even allow it with the new 10-year visa, if you earn enough money.

 

Nothing stops you from paying income tax. You are tax resident at the moment you stay more than 180 days within a calendar year in Thailand. Foreign income is fully income taxable in Thailand, provided you transfer the foreign income into Thailand during the same calendar year, as it's earned.

[natway09]

If there is no tax payable at source country for your income brought into Thailand & you pay tax here then it should not have any bearing on PR.

If you check the tax levels here (fairly generous ) just keep your imported level below the threshhold where  you are comfortable.

 

[andrewfenn]

Hi all.. there seems to be some confusion. In this situation I would not be working for a Thai company or any sort of entity in Thailand. I would just be living here, being paid into my account from a company outside of Thailand. I already spoke to a lawyer about it and he informs me that the work permit isn't required. Thanks.

[CartagenaWarlock]

On 9/13/2021 at 9:55 PM, jackdd said:

You can't get a work permit if you are not working for a Thai company

You mean a company registered in Thailand, right? Does not have to be a Thai company. 

[ubonjoe]

45 minutes ago, CartagenaWarlock said:

You mean a company registered in Thailand, right? Does not have to be a Thai company. 

It has to be company registered in Thailand. In most cases the company must is at least 50% owned by Thais.

There is a special category for "International trade business (representative office), Regional office, Overseas company (branch office)". And certain BOI companies.

[FritsSikkink]

On 9/16/2021 at 9:26 AM, andrewfenn said:

Hi all.. there seems to be some confusion. In this situation I would not be working for a Thai company or any sort of entity in Thailand. I would just be living here, being paid into my account from a company outside of Thailand. I already spoke to a lawyer about it and he informs me that the work permit isn't required. Thanks.

You live in Thailand and you do your work here, so you DO need a work permit.

[ubonjoe]

41 minutes ago, FritsSikkink said:

You live in Thailand and you do your work here, so you DO need a work permit.

That is only your opinion.

If you were to read what others have posted it is not always needed if working from your home online.

[FritsSikkink]

2 hours ago, ubonjoe said:

That is only your opinion.

If you were to read what others have posted it is not always needed if working from your home online.

It is not my opinion, it written like that in the Labour Law.

[ubonjoe]

23 minutes ago, FritsSikkink said:

It is not my opinion, it written like that in the Labour Law.

Where does it specifically state that. The is nothing that states you cannot work from home online.

[FritsSikkink]

1 hour ago, ubonjoe said:

Where does it specifically state that. The is nothing that states you cannot work from home online.

You can work from home online, it is actually advised by the government because of covid. If you work in Thailand at home or in an office, you need a work permit according to the Labour law, end of.

[CartagenaWarlock]

7 hours ago, ubonjoe said:

It has to be company registered in Thailand. In most cases the company must is at least 50% owned by Thais.

There is a special category for "International trade business (representative office), Regional office, Overseas company (branch office)". And certain BOI companies.

I don't Microsoft Thailand is owned 50% by Thais. Or Global Care Solutions (a company in Thailand 100% owned by Microsoft)

[ubonjoe]

32 minutes ago, CartagenaWarlock said:

I don't Microsoft Thailand is owned 50% by Thais. Or Global Care Solutions (a company in Thailand 100% owned by Microsoft)

I did not write all companies had to be 50% owned by Thais.

As I wrote there are special provision for BOI companies and others.

[CartagenaWarlock]

1 hour ago, ubonjoe said:

I did not write all companies had to be 50% owned by Thais.

As I wrote there are special provision for BOI companies and others.

I need a lawyer to sort out those special provisions. I want to create a subsidiary of my  OTC company in the US? Any suggestions for a lawyer?