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Another twist on work/visa rules


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I haven't seen this one before; perhaps there is someone who can shed some light.

My current plan is to move to Thailand in three years on a retirement visa. I am a 47 year old US citizen. My career has involved writing and editing. 50 is rather early to completely vegetate, so I will probably wish to write various things (fiction and non-fiction) during my retirement. In many ways, I would do this to keep my mind active.

I am certain that writing for ones own pleasure is legal to do without a work permit. What if I decide to try to sell my work to publishers, either in the US or Thailand? I know getting a work permit on a retirement visa is a no no. Would it make a difference if I sold my work to a US publisher, as opposed to a Thai publisher? For example, if I started receiving income from a US publisher, couldn't I just record the income on my US tax return along with my other income (investment income)? Or would I be screwed, and legally unable to earn any income on writing work done in Thailand on a retirement visa? If it makes a difference, the content of the material would most likely include subject matter related to Thailand. I also thought of self publishing from Thailand, but that would clearly be a business located in Thailand, so I assume that would be verboten on a retirement visa.

This sort of issue is also relevant to artists such as painters. I know some countries have exemptions for income derived from writing and art (Mexico), but I have never heard the Thai policy on this.

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I don't know the exact technicality of the law on this one. But I am betting that many people on this site will give you a black and white answer. Something like, 'all work is illegal without a work permit. You're receiving an income for your writing so you would be illegal'. But I am willing to bet all I have that in reality, if you are here on a retirement visa and you spend your days writing work which may be published by an American publishing house then in all practical terms, you would have no problems. I'm sure there are many people here doing that now. Technically speaking, you are here on retirement and spend your time writing. Surely Thaksin is not barring foreigners from writing without a work permit (unless your on assignment from a magazine or newspaper etc). Later, a publishing house may like what you have written and decide to pay you for it. i can not imagine in a hundred years that at that point you would have to turn down the offer do to the fact that you wrote while in Thailand without a work permit. How many writers have come to Thailand on retirement visas or tourist visas and written work which has become published?A fair few I would say.

As far as selling your work to a Thai publishing house, I believe you would also have no problem, but perhaps you want to look into this a little more before you proceed.

But as far as having an American company publish your work that was written in Thailand without a work permit, I see absolutley no problem. I also believe certain people may disagree with me. It will be interesting to see if this thread becomes another mass debate. Also intersting to see if you are told to start a company with 2 million Baht and get a work permit, just so you can spend your retirment years writing. I really hope no one insists on that.

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My guess is that ChiangMaiThai would be correct on this, after all, you'd just be typing at the computer. It would be a waste to form a company and maybe not sell anything! I mean come on, so you might need a work permit to write music that was inspired by your time in LOS also? We'll see what the experts say.

:cool:

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