Working In Thailand?

[jltheart]

Need help on the definition of working in Thailand.

I currently have a job in America that I do from Thailand. My work is done all on the phone to companies in America. I do not have business with any Thailand company or any one in Thailand. My paycheck is sent to my bank in America and I just withdraw the funds via ATM. I do not pay taxs on my income because I am classed as a contract employee . I only withdraw the money I need to live here. Is this considered working in Thailand?? Should I have a workpermit? Not sure.!!

Thanks for your input.

[george]

The term "work" is defined very broadly, covering both physical and mental activities, whether or not for wages or other remuneration. Working without a valid work permit even for a day is a criminal offense.

[GuestHouse]

Gorge is correct regarding the deffinition of work.

In terms of the requirement for a work permit the rule is if the work or service is being performed in Thailand then a work permit is required.

[Sumitr Man]

You can read/find the definition HERE under "Full text"

http://www.lawreform.go.th/lawDocumentDeta...=4&docID=16&x=#

[duke69]

you should apply for a work permit or create a company VAT position in Thailand.

Being US citizen you have by Thai Law almost the same rights as a Thai (US protected Thailand from Comunist invasion and therefore there are laws where an US citizen is granted full rights).

What you pay in Thai Taxation will than be offset in the USA with the double taxation deduction law, better not to live in your actual gray area, since you might probably have problem if someone finds you.

[snoophound]

My mate in pattaya owns a bar.

A year or so back he put on his toolbelt and did some renovations.

Mainly because the labour pool is terrible for building.

Immigration were there within the week and he very nearly got kicked out of the country.

Only having been here three years and married to thai wife with baby saved him.

[alex_4000]

you should apply for a work permit

@duke 69

i am in a similar position, german passport, freelancing for a german company, getting paid in a german account, paying tax in germany, living in thailand.

how / on what grounds would i apply for a work permit?

[duke69]

you're German, so a 100% foreign.

If you're from USA you can register a company in Thai, like a local Thai (the US citized have a different legislation).

In your case you have to register a company and find nominees to have at least 51% of the shares.

Everywhere in Thailand you can find these nominal shareholders (in total including you must be 7), the problem is that you have to pay a fee to those suckers.

After that you apply the work permit with your company reg. number.

All the major Audit companies give you this service, the problem is that is very expensive.

Other alternative is to marry a Thai and register a company under her name (many do that).

Or finding some friend to apply for a work permit, pretty messy since they will have to pay you a salary and probably you have to give them back this salary + tax. Only a very big friend can do that 4 you.

If your working activity is performed in Thailand, you should be under Thai labour legislation, no matter if your employer is German and they pay you in Germany.

This is the theory ....... and by the way the law.

Than you can live in the gray area, but always with the limitation in not finding new clients, and the fear of getting problems with the police. Indeed you have also to get in/out from Thailand several times every year since I believe your Visa is Touristic.

OK for short term, pretty unconfortable for a long term living.

[Ajarn]

Being US citizen you have by Thai Law almost the same rights as a Thai (US protected Thailand from Comunist invasion and therefore there are laws where an US citizen is granted full rights).

The Treaty of Amity, which you are referring to, had nothing to do with communism, in fact, there was no such things as communism when the treaty was signed in 1833...

http://www.mnh.si.edu/treasures/frame_exhi...llery1_main.htm

Americans do have some special privileges for starting businesses, but there are still restrictions...

http://www.asiatradingonline.com/amity2.htm

By the way, anyone working legally in Thailand has ALL the rights of any Thai citizen worker...Frankly, many of the labour laws in Thailand are superiour to many western countries, including America. But, enforcement is often lacking in Thailand....

[duke69]

The Treaty of Amity, which you are referring to, had nothing to do with communism, in fact, there was no such things as communism when the treaty was signed in 1833...

http://www.mnh.si.edu/treasures/frame_exhi...llery1_main.htm

you're right, but what stated in 1833 wasn't changed and may be updated because the US protected Thailand during the 1950s and 1960s from a possible threat from China and Vietnam.

In theory you are correct in saying that when all the documents are OK you have the same rights of a Thai company/worker.

The problem is that if something is incorrect or missing, the price a foreign has to pay (in terms of risk, bribes, ....) is much higher.

.... and from my personal experience I can also add that if you're Thai with Thai company and you have 1-2 years with profit and than 1-2 years with loss, nothing happens, if the company has foreign shareholding there is an immediate Tax Investigation (and brown envelopes to buy and fill with baht or US$) .......

in any case I just wanted to give a guidance, free of charge, for a deeper FB there are companies like PWC, KPMG (but usually they don't give free advices on this forum)

[Rascal]

Don't get rowled up too easily. Many may disagree with this, but unless you go around telling everyone that you 'work' in Thailand, how are the immigration police even going to begin suspecting that you're working? It's not like you've set up office some place and you've hired others. Surely you're working out of the privacy of your own home. Nobody in Thailand is paying you an income, right? Getting a work permit is very difficult. On top of everything else, you need a min. registered capital of 2 million Baht PER foreigner and you have to hire and pay taxes on four Thai nationals PER work permit. I recommend that you be careful of who you tell your personal business to, that's all. Keep your files (computer and hard copies) well hidden. Work when you have to (out of your home) and leave that part of your life very personal. As far as officials are concerned, you're just a foreigner living in Thailand collecting a pension, or royalties ,or an allowance from rich parents.