Working 'from' Thailand

[natnuch]

Hi,

I am looking to move to Thailand in about a month. I am Australian and am married to a Thai woman, together we have two children, one of whom has a Thai passport as he was born there.

I have a work contract for a guy who is based outside Thailand with whom I have been working for the last 14 months. I am hoping to move to Thailand for up to two years. I am wondering if there is a particular visa I can get which will allow me to reside in Thailand and work for the guy I have been working for up until now.

Does anyone have any idea about this? Am I likely to have to pay taxes? Do I need to register with any particular organisation?

Thanks in advance

natnuch

[santhosh]

similar situation but not married does anyone have a solution for this

[chinthee]

I think as long as you're not rendering services in Thailand or "taking away jobs from Thais" you should be fine as many are doing this under the radar here.

[ozymandious]

I think as long as you're not rendering services in Thailand or "taking away jobs from Thais" you should be fine as many are doing this under the radar here.

To add to this DO NOT pass out business cards that gives the implication that you are working here. Could lead to sticky situation. Personal name card OK. Business card with Thai address could be problem.

[soundman]

As far as I'm aware you will need a work permit.

Work is broadly defined in Thailand whether you are paid or not, whether you are taking Thai jobs or not.

Anyone caught working in Thailand without a work permit is in a world if sh!t...

Up to you.

Soundman.

[astral]

Your first problem will be the visa.

I suggest you apply for a multi-entry Non Imm O from one of the honorary consulates in your country

based on your Thai wife and children. Perth and Brisbane come to mind.

This will last you 15 months. You will need to do a border run, out and straight back in on the same day

at the end of each three month entry period. Your last run should be just before the expiry date of the

visa stuck in your passport, giving you the extra 3 months over the original 12.

After that you may have to return to Oz for a new Non Imm O visa.

On the work side, you are not working.........

Just studying at home, cruising the Internet......... etc

Tax should not be a problem as you are drawing money from your previous savings.

As long as you keep a low profile you should not have any problems.

Your wife and children will enter on their Thai passports and will not have any problem at all.

[Crossy]

As far as I'm aware you will need a work permit.

Work is broadly defined in Thailand whether you are paid or not, whether you are taking Thai jobs or not.

Anyone caught working in Thailand without a work permit is in a world if sh!t...

Up to you.

Soundman.

Absolutely correct, and there is no way I'd condone working without the necessary documentation.

BUT

Even our friends at immigration / labour department have been suggesting the 'under the radar' approach mainly because, assuming you're operating from home on your PC, there is no way you're going to get caught unless you are REALLY stupid (such as handing out business cards with a local address).

Who's to know that your income is not coming from overseas investments etc.

AFAIK income earned overseas is not taxable in Thailand provided it is not remitted to LoS in the tax year in which it is earned so you're not even guilty of tax-evasion, only tax-avoidance (which is not illegal).

EDIT also note that both your children are eligable for Thai passports, being born here is not a requirement, just having a Thai parent

Edited June 4, 2007 by Crossy

[Badbanker]

What is work permit?

I have been here for 20 years and I have worked from home and had discussions with business people in Thailand for a number years and no one wants to know about it

Close friends at the Tax Department have said, as my income is derived offshore, I am not liable to pay personal income tax on this money, even if it is deposited in my Thai bank account!

What is tax!

It is more years than I care to consider (10+) since I have paid personal income tax to any country.   I live in the nether world of the offshore where most countries thumb their noses and the private little countries like the UK's tax demands.

I love the offshore world!

Badbanker

[astral]

What is tax!

It is more years than I care to consider (10+) since I have paid personal income tax to any country. I live in the nether world of the offshore.

I love the offshore world!

Badbanker

Likewise, and it is a great situation to be in.

I was a little stumped recently when filling in a form for a visa to India,

that asked for my address in my "home country". I don't have one.

So I just used an old abode and that seemed to suffice.

[soundman]

I was a little stumped recently when filling in a form for a visa to India,

that asked for my address in my "home country". I don't have one.

So I just used an old abode and that seemed to suffice.

Slightly off topic, however, I travelled to Vietnam in '97 & the immigration people were addamant that I listed where I was going to be staying in Ho Chi Minh. I hadn't booked anything, couldn't find a directory to find a name so I wrote "In a hotel". Stamped me in no probs..

Cheers,

Soundman.

[astral]

Yes, we were wandering a little, but it is relevant to the OP.

How and where will you be paid.

Are you liable for tax?

It may pay you to start an offshore company to receive your payments in a zero, or minimal tax environment.

After all you will be outside Oz.

No need to pay tax at home, and interest rates in LOS are pretty abismal.

At the least you need an offshore account then only take to LOS what you need.

[RAZZELL]

What is work permit?

I have been here for 20 years and I have worked from home and had discussions with business people in Thailand for a number years and no one wants to know about it

Close friends at the Tax Department have said, as my income is derived offshore, I am not liable to pay personal income tax on this money, even if it is deposited in my Thai bank account!

What is tax!

It is more years than I care to consider (10+) since I have paid personal income tax to any country. I live in the nether world of the offshore where most countries thumb their noses and the private little countries like the UK's tax demands.

I love the offshore world!

Badbanker

Glad to know that you think you're beyond paying for the upkeep of roads, hospitals, sewage, etc etc etc...Or is that just for the "little people"

RAZZ

[Badbanker]

What is work permit?

I have been here for 20 years and I have worked from home and had discussions with business people in Thailand for a number years and no one wants to know about it

Close friends at the Tax Department have said, as my income is derived offshore, I am not liable to pay personal income tax on this money, even if it is deposited in my Thai bank account!

What is tax!

It is more years than I care to consider (10+) since I have paid personal income tax to any country. I live in the nether world of the offshore where most countries thumb their noses and the private little countries like the UK's tax demands.

I love the offshore world!

Badbanker

Glad to know that you think you're beyond paying for the upkeep of roads, hospitals, sewage, etc etc etc...Or is that just for the "little people"

RAZZ

Actually, if you look at my reply to the PR without work permit thread you will see I plan to pay tax this year and I do make a fair contribution in paying indirect taxes.

If you knew how much tax I have paid to this and other countries you would be surprised and some people would consider my lack of tax paying for 10 year acceptable.

I believe in tax, just not at the level the UK wants of me.

Badbanker

[singa-traz]

Close friends at the Tax Department have said, as my income is derived offshore, I am not liable to pay personal income tax on this money, even if it is deposited in my Thai bank account!

Badbanker

http://www.rd.go.th/publish/6045.0.html

Taxable Person

Taxpayers are classified into "resident" and "non-resident". "Resident" means any person residing in Thailand for a period or periods aggregating more than 180 days in any tax (calendar) year. A resident of Thailand is liable to pay tax on income from sources in Thailand on a cash basis, regardless where the money is paid, as well as on the portion of income from foreign sources that is brought into Thailand. A non-resident is, however, subject to tax only on income from sources in Thailand.

Unless you are a non-resident (less than 180 days in Thailand), you are actually liable to pay tax on this money deposited in your Thai Bank account.

What your close friend in RD might have meant is that it is difficult for them to track it.

[natnuch]

hey guys, thanks for your candid responses, I have a good idea of what I will do now.

Regarding my second child (born in Aus) there is so much red tape we have not bothered to apply for the Thai citizenship for him to date but we may well do it on this stay in Thailand, otherwise we will be buying visas for him for the rest of his life

Thanks again everyone, this is an excellent forum.

Natnuch

[RAZZELL]

Actually, if you look at my reply to the PR without work permit thread you will see I plan to pay tax this year and I do make a fair contribution in paying indirect taxes.

If you knew how much tax I have paid to this and other countries you would be surprised and some people would consider my lack of tax paying for 10 year acceptable.

I believe in tax, just not at the level the UK wants of me.

Badbanker

What? You spend money on beer and fags so that's ok???

Don't try and back-pedal to justify your actions to me...there's no need...

Simple fact is you should have been paying tax...Maybe you could get PR for the "nether world" you inhabit???

RAZZ

Edited June 5, 2007 by RAZZELL

[Shah Jahan]

My friend lives in BKK and works for an American Company as their Asia Sales Manager. He lives in Thailand and sells product to companies all over Asia in including Thailand.

Though he gets paid in dollars as an Amercain worker to an Amercain Bank account. He works out of his home and has no official presence in Thailand.

He went an presented all these facts to immigration and they kept scratching their head, not being sure if it was ok or not for him to be pseodu working here without any sort of permit. Eventually they said it was probably ok, as he wasn't working for any sort of Thai based branch. Really he could be doing the same work with a laptop and phone anywhere in Asia.

He then was persistent and asked them for a letter to state that what he is doing is legal. They got very confused and defensive at this prospect and shuffled him out of the office and told him that "falang ask too many question."

[jcowle]

Hi

I will be doing a similar thing later on this year. I will be on a retirement visa starting December 2007. I will be doing food safety audits and product development sampling at some chicken processing factories 5 times a year which will take about 3 days per audit for a UK Pizza Chain. This is some think I do currently but have to travel to Thailand as and when needed as opposed to living here on a full time basis.

Do I need a visa or is considered a genuine foreign business.

Any help would be grateful.

[chinthee]

Hi

I will be doing a similar thing later on this year. I will be on a retirement visa starting December 2007. I will be doing food safety audits and product development sampling at some chicken processing factories 5 times a year which will take about 3 days per audit for a UK Pizza Chain. This is some think I do currently but have to travel to Thailand as and when needed as opposed to living here on a full time basis.

Do I need a visa or is considered a genuine foreign business.

Any help would be grateful.

This case is a little different in that you would be providing services on the ground in Thailand, but for a foreign company, and only occassionally. Also, you would probably be on a consulting basis and paid outside the country. You should be ok, as there is no reason you can't do consulting even on a retirement visa.

[Prakanong]

What is work permit?

I have been here for 20 years and I have worked from home and had discussions with business people in Thailand for a number years and no one wants to know about it

Close friends at the Tax Department have said, as my income is derived offshore, I am not liable to pay personal income tax on this money, even if it is deposited in my Thai bank account!

What is tax!

It is more years than I care to consider (10+) since I have paid personal income tax to any country. I live in the nether world of the offshore where most countries thumb their noses and the private little countries like the UK's tax demands.

I love the offshore world!

Badbanker

Glad to know that you think you're beyond paying for the upkeep of roads, hospitals, sewage, etc etc etc...Or is that just for the "little people"

RAZZ

Actually, if you look at my reply to the PR without work permit thread you will see I plan to pay tax this year and I do make a fair contribution in paying indirect taxes.

If you knew how much tax I have paid to this and other countries you would be surprised and some people would consider my lack of tax paying for 10 year acceptable.

I believe in tax, just not at the level the UK wants of me.

Badbanker

If you are not resident in the UK they want nowt from you unlike the USA who if you make a decent wedge would want their cut.

I pay my tax where I have to but in Singapore its worth it. PR can be had here after 3 months if you are in the right industry, the right company and the right job.

Edited June 6, 2007 by Prakanong

[jcowle]

My friend lives in BKK and works for an American Company as their Asia Sales Manager. He lives in Thailand and sells product to companies all over Asia in including Thailand.

Though he gets paid in dollars as an Amercain worker to an Amercain Bank account. He works out of his home and has no official presence in Thailand.

He went an presented all these facts to immigration and they kept scratching their head, not being sure if it was ok or not for him to be pseodu working here without any sort of permit. Eventually they said it was probably ok, as he wasn't working for any sort of Thai based branch. Really he could be doing the same work with a laptop and phone anywhere in Asia.

He then was persistent and asked them for a letter to state that what he is doing is legal. They got very confused and defensive at this prospect and shuffled him out of the office and told him that "falang ask too many question."

Many thanks for the helpful reply.

Regards

JOHN