LTR Visa is Now available for Long Term Residency

[Pib]

13 minutes ago, Mike Teavee said:

Does it have to be done in person or could you mail it in & if it has to be done in person, does it have to be done in Bangkok or are there other BOI offices (e.g. Chiang Mai / Phuket) where you could do it?

As discussed/posted over the last few days currently it must be done at Bangkok Chamchuri Sq in-person or my a designated person.  Review the posts starting from last Thursday/24 Aug like the posts from Ben Zioner and Pib who quoted BoI email responses regarding the reporting requirement.  I really, really surprised BoI is not allowing reporting by mail to Chamchuri Sq like they allow for SMART visas.  Remember, squeaky wheel gets the oil....contact/ping BoI LTR about the issue...see what they tell you.

 

[Mike Teavee]

48 minutes ago, Pib said:

As discussed/posted over the last few days currently it must be done at Bangkok Chamchuri Sq in-person or my a designated person.  Review the posts starting from last Thursday/24 Aug like the posts from Ben Zioner and Pib who quoted BoI email responses regarding the reporting requirement.  I really, really surprised BoI is not allowing reporting by mail to Chamchuri Sq like they allow for SMART visas.  Remember, squeaky wheel gets the oil....contact/ping BoI LTR about the issue...see what they tell you.

 

Am sure it's just an initial "Teething" thing & they'll allow you to do it online/mail/at other offices once the scheme has "Matured" a little. 

 

But 1 more question if I may...  Is the report due every year or only if you do not leave Thailand for 1 full year (i.e. If you went outside of Thailand at least 1 time per year would you ever have to do a report?).

 

[Pib]

20 minutes ago, Mike Teavee said:

Am sure it's just an initial "Teething" thing & they'll allow you to do it online/mail/at other offices once the scheme has "Matured" a little. 

 

But 1 more question if I may...  Is the report due every year or only if you do not leave Thailand for 1 full year (i.e. If you went abroad at least 1 time per year you would never have to do a report).

 

Hope the teething ends soon...but at best I figure they may end up offering mail-in reporting to Chamchuri Sq. The BoI SMART visa has been around for around 4 years now and 365 address reporting is only allowed at Chamchuri Sq via in-person/designated person or by mail-in.

 

When exiting/reentering Thailand the 365 address reporting date resets just like how 1 year visa 90 day address reporting works.

[ThailandRyan]

On 8/26/2023 at 1:26 PM, mudcat said:

Well thank goodness we are heading back to the Bay Area next week for a month that takes care of this year to give BOI a chance to re-consider their demand that people from all over Thailand traipse to Bangkok to submit a few sheets of paper.

If they refuse, we live 2-hours from a Cambodian border crossing - the idea of a trip to Bangkok is burdensome for a immigration program that was supposed to make living as a retiree easier.

I flew out last week to California and the IO as I exited looked at the 1 year reporting small piece of paper in my passport and instead of removing it shrugged his shoulders and left it stapled in place as he looked at my 5 year admitted until date which confused him.  I was then sent to see a supervisor who ripped out the 1 year reporting paper, then looked at the 5 year ME stamp, pulled up my information in her computer and then stamped me out.  

 

It appears some IOs are still confused by the LTR visas and it has been in play for almost a year.

[MPoll]

17 hours ago, ThailandRyan said:

It appears some IOs are still confused by the LTR visas and it has been in play for almost a year.

Did you go through the fast track line or the regular line? I had no problems or confusion in the fast track line.

[JackGats]

I got my passport stamped with the LTR visa yesterday in Bangkok.

 

There's not much to report. Easy and no stress. You get chaperoned by a BOI employee through the whole process. Two things worth mentioning that came up in this thread:

 

1) You can pay cash. You will be led to a counter that says "only digital payment accepted" but obviously some exceptions are made. The customs officer has a banknote counter on his desk.

2) The BOI employee confirmed I could do the one-year reporting at a local immigration office and not just in Bangkok. 

 

The visa stamp looks rather unglamorous and to a layman it is not 100% obvious  what the dates on it imply. I hope it will not raise eyebrows with airline employees when I check in with one-way tickets to Thailand. All the same, mission accomplished.

 

[mudcat]

24 minutes ago, JackGats said:

The BOI employee confirmed I could do the one-year reporting at a local immigration office and not just in Bangkok. 

The BOI employee must be reading the  notice to report stapled into our passports as the attached shows:

[Pib]

No shortage of different answers coming from BoI regarding address reporting.  Maybe BoI has very recently changed their policy due to feedback they are getting, maybe a case of different BoI employees being on different pages, etc.  Maybe time to ask BoI again to see if this weeks answer is different from previous weeks.

[TallGuyJohninBKK]

On 8/28/2023 at 10:48 AM, Pib said:

As discussed/posted over the last few days currently it must be done at Bangkok Chamchuri Sq in-person or by a designated person.

And for the LTR holders who DO NOT live in Bangkok?

 

Nice to see "wealth" has its "privileges"!  ????

 

[JimGant]

Email sent today to BoI:

 

Quote

A lot of confusion about the annual reporting of address for LTR holders. The piece of paper we all got, with the reporting date stamped on it, had instructions that said: "...notify an official at a LOCAL or central Immigration office of his address every year." Ok. This tells me I can report to my local immigration office here at my home town of Chiang Mai. HOWEVER, other reports say I have to either report in person, or hire an agent, to report to your OSS location in Bangkok. Plus, no option mentioned about using a registered mail option, like you can with a SMART visa.

Please advise with the latest guidance, as many of us are approaching the one year date for providing such a report. Thank you.

 

Answer (within hours):

 

Quote

 

LTR Visa holders staying in Thailand for a period longer than 1 year consecutively are required to report the current address to the Immigration at One Stop Service Center for Visa and Work Permit (OSS) either in person, or by authorized representative (with Power of Attorney) to report for LTR Visa holders on their behalf. This report must be done on a yearly basis counting from LTR Visa issuance date. However, in the case of re-entering the Kingdom, the report will be due in 1 year from the date of the latest arrival. LTR Visa holders can report 15 days before or 7 days after the date of due staying.

 

The required documents must be submitted to the immigration are as follows;

1. Passport

2. TM.95 Form (completely filled out and signed) (attached via this email)

3.T.M. 6 Card (or arrival/departure card If any)

4. 1-Year report notification card (if any)

 

Nobody home, I guess -- at least in the email answering department. Pib, time for you to take another trip to OSS and grab some short and curlies....

[RafPinto]

Yeah.

I finally got my approval today.
Started my application on 15th Aug. No expectations, no worries.
If it works, perfect, if not, no stress.
Today went very quickly.

Yesterday evening got an email, asking for a copy of my passport again, which I submitted.

This morning notification that they well received it.

In same email, they asked again my current address, room nr; etc., which I provided.

 

Yesterday the status on  their site was:

Document review for visa/WP issuance.

 

This morning:

Status:

Return pre approved

 

A bit later.
Status:IMM/DOE pre-approve visa issuance

 

An hour later.

Application approved and Notification letter of qualifications endorsement sent.

 

Then I could look up, available appointment dates and times.
Plenty available but I did not make any appointment.

Suddenly status changed to:

Appointment

 

I didn't make any appointment yet.
I also can't download the relevant documents I saw others here had to provide.

I did send an email to say that I am applying for a new passport and to see if better to wait a few weeks and get this new visa in my new passport or to apply in my old one and change stamp to new one later on.

I am very impressed.
Very quick to answer emails. 

Very professional .

 

Now, next step is to book appointment and get my stamp.

 

A new member to the club.

 

[RafPinto]

Can someone please let me know which documents to take with me for visa issuance.
Someone said that 2 forms have to be printed but I can't see where.

My status now is: "Appointment" and the only document to print is the "Endorsement letter".

I even didn't make an appointment yet.

 

What appears on my information:

 

Please print out the Immigration forms and prepare the required documents for visa issuance on the appointment date.

Appointment date and time : Invalid date :

 

I got also feedback by email. As my passport is only valid for another 7 months, I thought it would be better to ask for a new passport and issue the visa straight into the new one.
Was advised to get visa in old passport and transfer to new one, once available.
Means, 2 trips to the relevant office.

 

Regards,

[JimGant]

37 minutes ago, RafPinto said:

Someone said that 2 forms have to be printed but I can't see where.

You'll need to make an appointment first, as that appointment date is plugged into the TM94 and STM8 forms -- and thus they won't appear until you have a date.

 

If you've got some wiggle room, I'd get a new passport first, cancel your current application, then start again with your new passport. Even those folks with passports that expire in less than five years should think about getting new passports before applying for an LTR visa in Thailand (otherwise you'll get a less than five year admitted until stamp). For Yanks, State Dept has no restriction on how old your passport must be in order to renew it.

 

Getting your LTR from an Embassy/Consulate? No need to worry about when your passport expires, as you don't need to do anything when it does. Think it has to have at least 6 months validity, however, when you apply for the LTR.

[RafPinto]

12 minutes ago, JimGant said:

You'll need to make an appointment first, as that appointment date is plugged into the TM94 and STM8 forms -- and thus they won't appear until you have a date.

 

If you've got some wiggle room, I'd get a new passport first, cancel your current application, then start again with your new passport. Even those folks with passports that expire in less than five years should think about getting new passports before applying for an LTR visa in Thailand (otherwise you'll get a less than five year admitted until stamp). For Yanks, State Dept has no restriction on how old your passport must be in order to renew it.

 

Getting your LTR from an Embassy/Consulate? No need to worry about when your passport expires, as you don't need to do anything when it does. Think it has to have at least 6 months validity, however, when you apply for the LTR.

Just made an appointment for tomorrow.
 

Printed out the "confirmation of appointment", 3 pages.

 

It says:

Print Immigration Bureau 1

Print Immigration Bureau 2

 Appointment Print

 

Can't see anything of TM94 or STM8

 

Also as you recommended to cancel my application and do ask first for new passport and start application again, I prefer to get stamp in my actual passport and ASAP I get the new one, I will go there to transfer visa stamp to new passport.

[Pib]

53 minutes ago, RafPinto said:

Just made an appointment for tomorrow.
 

Printed out the "confirmation of appointment", 3 pages.

 

It says:

Print Immigration Bureau 1

Print Immigration Bureau 2

 Appointment Print

 

Can't see anything of TM94 or STM8

 

Also as you recommended to cancel my application and do ask first for new passport and start application again, I prefer to get stamp in my actual passport and ASAP I get the new one, I will go there to transfer visa stamp to new passport.

You are having basically the same problem I experienced last December when getting my LTR visa.  When I would click on the Print Immigration Bureau 1 and 2 icons nothing would happen other than a white screen pulling up like it was trying to connect to a server to download the forms.  I tried numerous times over several hours using different browsers....got no joy.   Called BoI above the problem and they said their system must be having a problem as the forms should just pull-up.    BoI emailed me one of the forms and an AseanNow member provided the other.   Below are the blank forms.

Blank TM94_Form_Immigration.pdfBlank STM8_Immigration.pdf

 

You will also need to bring the endorsement (approval) document which is a two page doc....one page being a letter and the other a spreadsheet-type doc.   THIS IS A VERY IMPORTANT DOC....KEEP COPIES TUCKED AWAY FOR POSSIBLE FUTURE USE/NEED. 

 

Now I can't remember if that was initially provided by email from BoI or I got it off my LTR acct.  But BoI will need that key endorsement document for your appointment and will ask you to logon to your acct and download it if you don't bring it to your appt.  You should be able to download this doc right now....one in Thai language and one in English language by logging onto your LTR acct, selecting Check Status and then under the Action column click the Print button which should then present you with the two forms circled below which are the Thai and English endorsement forms although the titles don't imply such.

 

And I would definitely just have the LTR visa stamped into your current passport which has 7 months left on it versus aborting your current LTR approval in order to get a new passport first and then reapplying for the LTR visa.  Since you made the LTR inking appt for tomorrow I assume you live in/close to Bangkok so another trip to Bangkok months from now to have the LTR stamp transferred form your old to new passport shouldn't be much of an issue for you?     Good luck tomorrow.

 

 

 

 

 

 

 

[RafPinto]

1 hour ago, Pib said:

You are having basically the same problem I experienced last December when getting my LTR visa.  When I would click on the Print Immigration Bureau 1 and 2 icons nothing would happen other than a white screen pulling up like it was trying to connect to a server to download the forms.  I tried numerous times over several hours using different browsers....got no joy.   Called BoI above the problem and they said their system must be having a problem as the forms should just pull-up.    BoI emailed me one of the forms and an AseanNow member provided the other.   Below are the blank forms.

Blank TM94_Form_Immigration.pdf 86.55 kB · 0 downloads Blank STM8_Immigration.pdf 104.96 kB · 0 downloads

 

You will also need to bring the endorsement (approval) document which is a two page doc....one page being a letter and the other a spreadsheet-type doc.   THIS IS A VERY IMPORTANT DOC....KEEP COPIES TUCKED AWAY FOR POSSIBLE FUTURE USE/NEED. 

 

Now I can't remember if that was initially provided by email from BoI or I got it off my LTR acct.  But BoI will need that key endorsement document for your appointment and will ask you to logon to your acct and download it if you don't bring it to your appt.  You should be able to download this doc right now....one in Thai language and one in English language by logging onto your LTR acct, selecting Check Status and then under the Action column click the Print button which should then present you with the two forms circled below which are the Thai and English endorsement forms although the titles don't imply such.

 

And I would definitely just have the LTR visa stamped into your current passport which has 7 months left on it versus aborting your current LTR approval in order to get a new passport first and then reapplying for the LTR visa.  Since you made the LTR inking appt for tomorrow I assume you live in/close to Bangkok so another trip to Bangkok months from now to have the LTR stamp transferred form your old to new passport shouldn't be much of an issue for you?     Good luck tomorrow.

 

 

 

 

 

 

 

Pib, thank you very much for providing those 2 documents. Already printed and ready for tomorrow.

Yes, those 2 notification letter for qualifications endorsement and report immigration bureau appear under "Status". It says "Appointment", click on print and those 2 options appear. I printed both, the one in english and the one in Thai.

Endorsement letter saved on computer and printed a few copies, just in case.

I just checked, my passport still valid almost 1 year. Get my LTR visa tomorrow and transfer next year.

Thanks again.

[mudcat]

Flew out from Bangkok this morning.  Used the Fast Track lane all the way down the terminal past the escalators.  They allowed my wife (Thai national) process with me.  It was pretty busy but altogether around 15-minutes and we were on our way to our gate.

[CobyW]

Topic: Work from Thailand Professional - Employer of Record question

 

Hi all

I work for a company in Australia who has recently met the requirement for USD 150m revenue in 3 years. They have also confirmed that they are happy for me to keep working for them while living in Thailand. They have advised that they will need to pay me via an Employer of Record (EOR) in Thailand to make everything work which i'm fine with.

 

I have a few questions relating to this:

1. Does anyone know an EOR that has been successfully used for the LTR (WFTP) visa?

2. Even though I will still be working for my current company, I won't officially be employed by them even though they are paying all the bills. Will this make me ineligible for the $150m requirement and therefore I can't get the LTR (WFTP) visa?

 

I'm really trying to do everything by the book and legally but as you all know, there are some complexities with the specifics of the requirements. 

 

Thanks in advance

Coby

[aublumberg]

1 hour ago, CobyW said:

1. Does anyone know an EOR that has been successfully used for the LTR (WFTP) visa?

2. Even though I will still be working for my current company, I won't officially be employed by them even though they are paying all the bills. Will this make me ineligible for the $150m requirement and therefore I can't get the LTR (WFTP) visa?

Coby, I don’t think this will work. The fundamental construct for WFTP is that you’re employed by a qualifying company outside of Thailand. Not aware of any EOR setup that will satisfy WFTP, but happy to stand corrected.
 

if you were to get a basic reference letter form your overseas employer then that may satisfy the WFTP visa requirement. Once approved you could then discuss with your employer the logistics to make it work, but it then creates many questions about legality, and the EOR may also need to fulfil certain requirements including a local work permit which conflicts with WFTP, plus potential income tax implications. I assume your employer is concerned about the risk of permanent establishment in a foreign jurisdiction hence their EOR request and then ‘offloading’ the overseas obligations to you and the EOR. Different visa type in my view (local work permit, unlikely LTR unless in a specified target industry).

[CobyW]

16 minutes ago, aublumberg said:

Coby, I don’t think this will work. The fundamental construct for WFTP is that you’re employed by a qualifying company outside of Thailand. Not aware of any EOR setup that will satisfy WFTP, but happy to stand corrected.
 

if you were to get a basic reference letter form your overseas employer then that may satisfy the WFTP visa requirement. Once approved you could then discuss with your employer the logistics to make it work, but it then creates many questions about legality, and the EOR may also need to fulfil certain requirements including a local work permit which conflicts with WFTP, plus potential income tax implications. I assume your employer is concerned about the risk of permanent establishment in a foreign jurisdiction hence their EOR request and then ‘offloading’ the overseas obligations to you and the EOR. Different visa type in my view (local work permit, unlikely LTR unless in a specified target industry).

@aublumberg- yes. This is my fear too. I think you are correct with the reasonings by my current employer and I also understand why they would want to protect themselves in this way. The company I currently work for meets the 150M USD requirement so they themselves are a qualifying company.

 

I have reached out to my local BOI in Australia to see what their official thoughts are too. I'm really trying to do everything by the book and be respectful of the Visa process and in my mind I think that the above should be acceptable but sometimes things don't line up the way we want. I fully intend to pay all of my taxes in Thailand, invest in Thailand and do everything else by the book so I hope they can see this for the genuine application that it is. I know of many people living in Thailand and doing Visa runs or sitting on an Education visa but that isn't for me. 

 

Thank you for adding your comment ????

[K2938]

11 hours ago, CobyW said:

I have reached out to my local BOI in Australia to see what their official thoughts are too.

Better talk to the LTR people in Bangkok because they are the ones who will approve or not approve your scheme.  And talk to them by email because you want a record of what is said and you want that people carefully consider their answer which will probably not happen in a phone call.

 

P.S.:  I concur with aublumberg that this is very unlikely to work.  But you can of course always try.  Good luck!

[CobyW]

4 hours ago, K2938 said:

Better talk to the LTR people in Bangkok because they are the ones who will approve or not approve your scheme.  And talk to them by email because you want a record of what is said and you want that people carefully consider their answer which will probably not happen in a phone call.

 

P.S.:  I concur with aublumberg that this is very unlikely to work.  But you can of course always try.  Good luck!

@K2938- the phone call was only to find the right people to engage with. The Director of BOI in Sydney will be liaising with the team in Bangkok and I will be getting my response via email as I know these discussions can turn into a bit of 'he said, she said' and evidence is key

[CobyW]

On 9/5/2023 at 3:21 PM, CobyW said:

@aublumberg- yes. This is my fear too. I think you are correct with the reasonings by my current employer and I also understand why they would want to protect themselves in this way. The company I currently work for meets the 150M USD requirement so they themselves are a qualifying company.

 

I have reached out to my local BOI in Australia to see what their official thoughts are too. I'm really trying to do everything by the book and be respectful of the Visa process and in my mind I think that the above should be acceptable but sometimes things don't line up the way we want. I fully intend to pay all of my taxes in Thailand, invest in Thailand and do everything else by the book so I hope they can see this for the genuine application that it is. I know of many people living in Thailand and doing Visa runs or sitting on an Education visa but that isn't for me. 

 

Thank you for adding your comment ????

just wanted to provide an update that I received from the BOI. The question I asked was:

"My company who makes 150m USD wants to pay me via a global HR. If they do this, will I still meet the requirement for the 150M USD?"

 

The exact response from BOI was:

"The source of the applicant's salary does not affect our evaluation process. Our primary focus is on verifying the company that has a work contract with the applicant."

 

This is a good outcome in my opinion as it will open up 2 options:

1. My company pays directly through the Global HR where I will be a Full-time employee (preferred)

2. If a global HR solution is not possible, I can open a business in Australia, my company can pay me direct through there under a contract agreement and then I will just have to move money from AU to TH when I need it (still seeking tax advice for specific setup)

 

Happy to at least have options as this WFTP visa isn't an easy one to meet from what i'm reading. Hoping this information might be able to help others ????

[aublumberg]

FYI some tax perspective in relation to LTR-T visa.

 

Navigating the tax implications of working remotely in Thailand | International Tax Review

[Misty]

15 minutes ago, aublumberg said:

FYI some tax perspective in relation to LTR-T visa.

 

Navigating the tax implications of working remotely in Thailand | International Tax Review

Thanks for posting the article.  There's at least one paragraph in it that could be misleading or incorrect:

 

"Moreover, if one is considered a tax resident of Thailand, as a result of being present in the country for a period of 180 days or more in a year, income from an employment abroad that is brought into Thailand within the same tax year would be subject to Thai income tax."

 

How is "employment abroad" being defined?  For example, if the person is earning the income while working in Thailand, it isn't "foreign source income." The income is taxable immediately, whether or not it is paid overseas, or even ever brought into Thailand.

 

Or so says the tax professionals we work with. I'll double check with the tax professionals we work with. It appears at least one of the authors of this article worked there at one time as well, so perhaps they can clear this up.

 

 

 

 

[Pib]

 

The BoI has just posted 12 months of LTR statistics from 1 Sep 2022 (when the LTR program began) thru 31 Aug 2023 on the BoI LTR website.   The LTR Pensioner category is the most popular followed by the Work from Thailand Professional category.  See snapshot below for more details.

 

Now the statistics only show "total applications" and not how many of the total applications were approved.  Several months ago I ask BoI if the statistics represented only approved applications OR total applications (approved & disapproved)...the BoI answer was it represented total applications.   Don't know why BoI don't show total applications "and/or how many were approved." 

 

The approval percentage is anybody's guess but I would guess it would be high for those applications who submitted a well documented application versus those who submit a weak documentation, Hail Mary type application.  

 

LTR Statics 1 Sep 2022 - 31 Aug 2023

 

[mrmagyar]

Well this is something of a curveball for those of us with a freshly minted LTR Visa: https://www.thaienquirer.com/50744/thai-government-to-tax-all-income-from-abroad-for-tax-residents-starting-2024/

 

The commentary in the second related article suggests this is designed to be aimed at Thai's, but it seems LTR visa holders would be caught in the net: https://www.thaienquirer.com/50748/new-tax-regulations-raises-questions-and-concerns/

 

Quote

Thailand’s Revenue Department has recently thrown a curveball at tax residents with its new tax guidelines on foreign income. According to legal experts, the policy appears to have three specific targets: residents trading in foreign stock markets through foreign brokerages, cryptocurrency traders, and Thais who have been exploiting a loophole that allowed them to bring foreign earnings into the country tax-free after keeping it in an offshore account for more than a calendar year.

 

[K2938]

12 minutes ago, mrmagyar said:

The commentary in the second related article suggests this is designed to be aimed at Thai's, but it seems LTR visa holders would be caught in the net: https://www.thaienquirer.com/50748/new-tax-regulations-raises-questions-and-concerns/

How great that the Thai government now has all the financial/wealth information on LTR visa holders to make sure that they fully comply with the new tax rules...

[Pib]

4 hours ago, mrmagyar said:

Well this is something of a curveball for those of us with a freshly minted LTR Visa: https://www.thaienquirer.com/50744/thai-government-to-tax-all-income-from-abroad-for-tax-residents-starting-2024/

 

The commentary in the second related article suggests this is designed to be aimed at Thai's, but it seems LTR visa holders would be caught in the net: https://www.thaienquirer.com/50748/new-tax-regulations-raises-questions-and-concerns/

 

 

 

From the 1st article above it says those folks whose home country has a DTA with Thailand are exempt.  The U.S. & Thailand have a DTA. 

Quote

The program will begin January 1, 2024 and apply only to tax residents in Thailand meaning tourists and short term workers will be exempt. Also exempt will be those who have been taxed in a foreign country that has a standing Double Tax Agreement with Thailand.

 

The list of countries that Thailand has a DTA with are at below Thai Revenue Dept webpage.

https://www.rd.go.th/english/766.html

 

 

[JimGant]

36 minutes ago, Pib said:

Also exempt will be those who have been taxed in a foreign country

 

5 hours ago, mrmagyar said:

but it seems LTR visa holders would be caught in the net

My LTR application included my last year's tax return, with 1099's -- so certainly I've shown my exemption as having been taxed in a foreign country. But if somehow Thailand got first dibs on taxing, say, my IRA proceeds -- I'd just get a tax credit on my US tax return -- like I do today on my Thai taxes on my Bangkok Bank interest. No extra money out of my pocket, however things evolve. But, it is nice to see that Thai fat cats may have to ante up towards paying their govt's bills.