Which Visa Does This Fall Under?

[trigger571]

Hi All,

Wondering if anyone could help a little with this as so far I asked two legal consultants and both have no idea how to answer it. Here is the situation.

I am the co-owner of a foreign based company. I am also married to a Thai national and will be moving to Thailand mid 2011. The company is seeking to expand its operations in Asia. Since I will hopefully be living in Thailand, I will be working on the expansion project from home (Thailand) but all my salary will be paid by my company from abroad to my bank account abroad. Indeed, all the back office work and support is done from the overseas office so as such there is not going to be an "official" office or business in Thailand. My job also entails me travelling around Asia ( once every 2 or 3 months for a month) to "sell" the idea, with all sale transactions once again being passed through the companies banks overseas.

So here is my question - since

1) I am not officially running a business in Thailand,

2) Am not getting paid from a Thai business or anyone in Thailand,

3) Am not an employee of any Thai company

4) Will not receive any money in a Thai bank account

but

4) I will be doing some work from home and actually get paid for that work as described above

5) Intend to live in Thailand long term

Then do I need a work permit? For tax purposes, would I be under Thai jurisdiction or overseas? If none of the former apply, then what visa do you propose I apply for given my long term goals and having a Thai spouse?

I'm willing to speak to someone professional in August this year too, so if you can reccomend someone I would appreciate it.

Thanks

[astral]

Moved to Visa section.

[monkfish]

If you are physically working in Thailand you will need a WP. if you spend more than 6 months per year here you will also have to pay tax in Thailand according to Thai law.

I recommend speaking to a lawyer but they will probably just tell you to keep shtum.

Basically I think there is no law or visa to cover your situation.

Edited February 25, 2010 by monkfish

[TerryLH]

"if you spend more than 6 months per year here you will also have to pay tax in Thailand."

Can you explain that? I've never heard of a six month rule.

Not everyone who works and lives here have to pay taxes. It would depend on their specific set of circumstances.

OP

A good visa for you would be a Non Immigrant O Visa, based on your marriage.

With an O visa you can get a work permit, but probably not in the situation you described.

With proof of income (40k a month) or 400k in a Thai bank you can get yearly extensions.

You'd also need a multiple re-entry permit which will allow you to enter the Kingdom as often as you want during it's validity.

Once you're ready to get or extend a visa, ask here again for details.

Edited February 25, 2010 by TerryLH

[thaiphoon]

There are 2 separate points to consider:

Permission to stay

There is no such thing as a spouse visa, but you can apply for extension of stay based on marriage to Thai if you meet the requirements, financial requirements being 400k in Thai bank account in your name for two months prior to application (3 months for renewals at some offices) OR 40k/month income (your income). In the case of income from abroad you will need to obtain an income letter from your embassy. If using the bank balance option you will need a letter from bank confirming the account balance and copies of bank book. Is easiest to start the extension of stay process from Non-Immigrant O visa, by obtaining single entry visa from consulate abroad before travelling against show of marriage certificate. That will give you 90 day permission to stay on entry, and during the last 30 days you can apply for your extension of stay. Renew every year as long as you meet the requirements.

Working

Section 5 of the Alien Working Act 2551 defines "Work". By exerting energy or using knowledge whether or not in consideration of wages or other benefit.

As you are working you would require a work permit, and that requires sponsorship from a Thai company. Setting up a branch office/representative office may be a way forward. Have a look at this link from BOI website for more information. You can use your extension of stay to support work permit application.

You may wish to take advice from some of the forum sponsors by clicking on the links at the top of the page.

[monkfish]

"if you spend more than 6 months per year here you will also have to pay tax in Thailand."

Can you explain that? I've never heard of a six month rule.

Not everyone who works and lives here have to pay taxes. It would depend on their specific set of circumstances.

OP

A good visa for you would be a Non Immigrant O Visa, based on your marriage.

With an O visa you can get a work permit, but probably not in the situation you described.

With proof of income (40k a month) or 400k in a Thai bank you can get yearly extensions.

You'd also need a multiple re-entry permit which will allow you to enter the Kingdom as often as you want during it's validity.

Once you're ready to get or extend a visa, ask here again for details.

If you are from a country with a DTA with Thailand then its 180 days i.e. 6 months otherwise double taxation applies.

Thailand first concluded the double tax agreement (DTA) with Sweden in 1963. The Thai DTA network continues to be expanded and updated. So far Thailand has concluded DTAs with 52 countries (as of May2006). In general a DTA comprises 4 major parts:

A. Scope

(1) Persons Covered

The DTA applies to persons who are residents of the Contracting States. In order to be classified as a Thai resident and be entitled to treaty benefits, a person must be one of the following:- An individual who stays in Thailand for a period or periods exceeding in the aggregate 180 days in a tax year;

- A juristic person who is incorporated under the Civil and Commercial Code of Thailand.

http://www.rd.go.th/publish/21973.0.html

[trigger571]

hmmm thanks for all your help guys