Wp Needed Or Not?

[valerian]

Hi,

My question relates to a foreigner being employed by a foreign firm, recieving wages outside of

Thailand, but residing in Thailand for two years. By residing I mean staying in Thailand for more

than 180 days a year.

A: If the foreigner leaves Thailand and performs his work outside of Thailand then he would not

need a work permit but would still have to pay tax on any income brought into Thailand, right?

B: If the foreigner performes work whilst in Thailand, for example computer work delivered to

his employer overseas by internet, then he would need a work permit and pay taxes in Thailand

as in A. But... how does he apply for that work permit? What rules apply and can the foreigner

apply for a work permit in a foreign company not present in Thailand at all?

Best, Valerian

[EmptyMind]

B: If the foreigner performes work whilst in Thailand,

If you are working in Thailand, Yes you need a Work Permit.

You answered your own question in your original post.

Sorry but your post is so confusing,

My question relates to a foreigner being employed by a foreign firm, recieving wages outside of

Thailand, but residing in Thailand for two years. By residing I mean staying in Thailand for more

than 180 days a year.

Well this part has nothing to do with a work permit.

If the foreigner leaves Thailand and performs his work outside of Thailand then he would not

need a work permit but would still have to pay tax on any income brought into Thailand, right?

Again, If your not in Thailand and your employed by a company outside of Thailand, then how is the relevent ?

can the foreigner

apply for a work permit in a foreign company not present in Thailand at all

What on earth does this part mean ?

I suspect that you are working over the internet and asking the question of "Am I working" and "do I need a work permit" that has been asked a million times with a million different answers.

I would love to help but I'm confused as to what exactly you are doing or trying to achieve.

Edited May 31, 2008 by EmptyMind

[astral]

Firstly what kind of visa would you live on?

60+30 day tourist visa? No work permit possible.

Multi-Non Imm O visa?

This will be the primary concern.

Working, well if you can say I am at home "playing" on the computer and internet and keep quiet

about any real work then you will probably be OK.

From a tax point of view you are liable to pay tax on any money you bring into the country

if you are in the country more than 180 days in one calendar year.

Unless you can show it has already been taxed at source and there is a dual tax agreement to protect you.

[valerian]

Hi Astral ,

Firstly what kind of visa would you live on?

60+30 day tourist visa? No work permit possible.

Multi-Non Imm O visa?

This will be the primary concern.

I guess he would need to be on a non imm as that is the requirement for WP's.

Working, well if you can say I am at home "playing" on the computer and internet and keep quiet

about any real work then you will probably be OK.

What I am trying to explore is the legal way to obtain a WP for work for a company outside of Thailand.

I.e a work permit for distance work.

Best,

Valerian

[Tomkagai]

Hi Astral ,

Firstly what kind of visa would you live on?

60+30 day tourist visa? No work permit possible.

Multi-Non Imm O visa?

This will be the primary concern.

I guess he would need to be on a non imm as that is the requirement for WP's.

Working, well if you can say I am at home "playing" on the computer and internet and keep quiet

about any real work then you will probably be OK.

What I am trying to explore is the legal way to obtain a WP for work for a company outside of Thailand.

I.e a work permit for distance work.

Best,

Valerian

Set up a company in Thailand to service the the company outside Thailand and get the WP that way, it can be done..

[valerian]

Hi Tomkagai,

Set up a company in Thailand to service the the company outside Thailand and get the WP that way, it can be done..

That's the way I have been doing it for the past 4 years.

My question relates to a person who comes to Thailand to live for a short time and who wants to perform

distance work while being here, without setting up companies and without breaking any labour laws.

Best,

Valerian

[Tomkagai]

Hi Tomkagai,

Set up a company in Thailand to service the the company outside Thailand and get the WP that way, it can be done..

That's the way I have been doing it for the past 4 years.

My question relates to a person who comes to Thailand to live for a short time and who wants to perform

distance work while being here, without setting up companies and without breaking any labour laws.

Best,

Valerian

You could apply for an "emergency" Work permit provided they are not here more than two weeks working...We do it all the time to bring in technical specialists to fix O&G equipment, the turn around on these WP's is about 2 days, the Thai law as far as I can see doesnt differentiate distance work from other work...the person is working in Thailand...therefore needs a WP

[valerian]

You could apply for an "emergency" Work permit provided they are not here more than two weeks working...We do it all the time to bring in technical specialists to fix O&G equipment, the turn around on these WP's is about 2 days, the Thai law as far as I can see doesnt differentiate distance work from other work...the person is working in Thailand...therefore needs a WP

Thanks for the information about the 'emergency' WP.

The foreigner in this case, a friend of mine, wants to apply for a WP.

He just doesn't want to set up a local company.

Can he apply for a WP for work in a foreign company without an office or representation in Thailand?

Best,

Valerian

Edited June 1, 2008 by valerian

[Tomkagai]

You could apply for an "emergency" Work permit provided they are not here more than two weeks working...We do it all the time to bring in technical specialists to fix O&G equipment, the turn around on these WP's is about 2 days, the Thai law as far as I can see doesnt differentiate distance work from other work...the person is working in Thailand...therefore needs a WP

Thanks for the information about the 'emergency' WP.

The foreigner in this case, a friend of mine, wants to apply for a WP.

He just doesn't want to set up a local company.

Can he apply for a WP for work in a foreign company without an office or representation in Thailand?

Best,

Valerian

As far as i know...No, because the supporting docs for application for the WP must come from a Thai company...

If he could convince the foreign company to look at setting up in Thailand in some shape of form...then there could be justification for a WP application...

Suppose the other way would be to get a Thai company to take him on the "books", and he pays his own way for the WP/Tax and salary etc and he invoices through the Thai company..???....but if going to try to do something like this you may as well set up a company to do it yourself....