Marriage Non-O : Working Digitally

[Beeonlotus]

I currently work for a company in Thailand, but next year I'm considering leaving it and starting my own online content creation business while staying in Thailand.  My customers will mainly be Americans and Brits.  I'd like to change my visa from Non-B to a Marriage Non-O after I quit, but I'd also like to do everything above-board.  After reading more about the visa, laws, and other people's experiences, however, I'm unsure of what to do.

 

It seems like many people on Non-O visa work digitally with no problem and without a proper work permit.  If you stay here for multiple years on the Non-O, it is be obvious that you're making money somehow.  Do they simply look the other way?  Or are these people paying their way to pass under the radar?  Or am I wrong and have these people set-up their own companies in Thailand?

 

I'm considering now to ask my wife and her family to create a Thai digital content creation company with me as shareholder and then get my work permit that way.  Her family's well-off, so setting it up shouldn't be much of an issue, but I'm reluctant because it can get very complex when the company expands.

 

Any advice would be much appreciated.  Cheers!

 

[ubonjoe]

A non-o visa only allows a 90 day stay in the country. I think you are confusing them with getting a one year extension of.

stay based upon marriage.

The extension of stay required 400k baht in a Thai bank for 2 months or proof of 40k baht income.

There may be people with them working online but they just keep a low profile and get away with doing like many others that are on different visa or extensions of stay.

With a extension of based upon marriage you can apply for a work permit if working for a Thai company. You can also use the income from working to meet the 40k baht income requirement by showing Thai tax payments.

[arithai12]

Where is your revenue generated? If it's abroad, like you seem to imply, then I don't see the problem. Just transfer back to Thailand the amounts that you need for your living expenses, no one will ask how you made it. If you transfer in the same year that you earn them, in principle you should pay tax in Thailand (on the transferred amount) which you may want to do if you like to do things above board and taxation is in any case rather low.

A consultation with a tax accountant would be helpful, there are many who specialize with foreigners.

[FritsSikkink]

If you setup a Thai business you can get a work permit through that business and pay Thai taxes.

 

[Beeonlotus]

24 minutes ago, arithai12 said:

Where is your revenue generated? If it's abroad, like you seem to imply, then I don't see the problem. Just transfer back to Thailand the amounts that you need for your living expenses, no one will ask how you made it. If you transfer in the same year that you earn them, in principle you should pay tax in Thailand (on the transferred amount) which you may want to do if you like to do things above board and taxation is in any case rather low.

A consultation with a tax accountant would be helpful, there are many who specialize with foreigners.

Yes, it'll be abroad and I agree - consulting with an accountant + lawyer who specializes in immigration would be useful.  Right now, just surveying.

[Moonlover]

45 minutes ago, arithai12 said:

Where is your revenue generated? If it's abroad, like you seem to imply, then I don't see the problem. Just transfer back to Thailand the amounts that you need for your living expenses, no one will ask how you made it.

That last phrase, 'no one will ask how you made it'. is not entirely true. Quite a number of folk, including me, have been asked to provide evidence of income. For pensioners, it's no sweat, but for those earning their incomes, it could be problematic.

[Beeonlotus]

6 hours ago, Moonlover said:

That last phrase, 'no one will ask how you made it'. is not entirely true. Quite a number of folk, including me, have been asked to provide evidence of income. For pensioners, it's no sweat, but for those earning their incomes, it could be problematic.

That's my worry.  I don't want to be at the mercy of others.

[Neeranam]

24 minutes ago, Beeonlotus said:

That's my worry.  I don't want to be at the mercy of others.

Don't worry, I used to have income from abroad when on a marriage visa. When asked, I said it was interest from savings. You won't be asked for any proof if you have the 400k baht in the bank that they require. . 

[elcaro]

On 1/30/2022 at 8:15 AM, Beeonlotus said:

I'm considering now to ask my wife and her family to create a Thai digital content creation company with me as shareholder and then get my work permit that way. 

This is the way. Or if she has already a company of sorts just add digital content creation to its profile. 

 

Then you get her to hire you as a manager. You will need to write a contract and all the stuff you needed for your current work permit, but with a good accountant it is very easy.

[Thalueng]

19 hours ago, Beeonlotus said:

That's my worry.  I don't want to be at the mercy of others.

Keep 400k on a separate bank account and use this for the extension, then you do not need to show any income, whether it comes in on a foreign or Thai bank account. 

Your online business, it's size, and whether you address customers in Thailand will determine whether you are liable for income tax and/or VAT, and whether you need a work permit. 

 

 

 

 

[FritsSikkink]

1 hour ago, Thalueng said:

Keep 400k on a separate bank account and use this for the extension, then you do not need to show any income, whether it comes in on a foreign or Thai bank account. 

Your online business, it's size, and whether you address customers in Thailand will determine whether you are liable for income tax and/or VAT, and whether you need a work permit. 

 

 

 

 

It's size, and whether you address customers in Thailand has nothing to do with the fact you need a work permit.

[Beeonlotus]

1 hour ago, Thalueng said:

Keep 400k on a separate bank account and use this for the extension, then you do not need to show any income, whether it comes in on a foreign or Thai bank account. 

Your online business, it's size, and whether you address customers in Thailand will determine whether you are liable for income tax and/or VAT, and whether you need a work permit. 

 

 

 

 

Got it.  Thanks to you and everyone for your replies.  Very helpful.

[skatewash]

1 hour ago, Thalueng said:

Keep 400k on a separate bank account and use this for the extension, then you do not need to show any income, whether it comes in on a foreign or Thai bank account. 

Your online business, it's size, and whether you address customers in Thailand will determine whether you are liable for income tax and/or VAT, and whether you need a work permit. 

 

 

 

 

Actually working while you are in Thailand requires a work permit.  Period.  How that gets enforced may be different, but the law couldn't be much clearer on the need for a work permit.  Irrespective of where the work is billed, etc.

[Paulaew]

There are many foreigners who work in Thai workplaces without work permits. It's illegal and potentially dangerous, but most get away with it.

 

But working at home doing programming or creating digital content for clients overseas is illegal but not dangerous. Who is to know what you are doing? If you receive payments abroad and transfer funds to Thailand periodically for your living expenses, your financial transactions are typical of any foreigner retired in Thailand.

 

If I personally have participated in either of the cases mentioned above, I wouldn't admit it.

 

Paul Laew