Atticus7 Posted June 19, 2011 Share Posted June 19, 2011 Recently I told my employer that I will be leaving them soon because I want to live in Thailand. They said that they would be very dissapointed to lose me and mooted the idea of working remotely for them. It is not possible to do my current role off site but they want to put me into a different department, which would enable this to be done without too many hassles. I'm hoping that someone on this board may be able to assist with how this may be setup. I would like to make it as easy as possible for my current employer because if it all becomes too difficult they may just can the idea but I also would like to be above board. Would I need to set up a company in Thailand? Seems a bit excessive considering I will effectively still be an employee of my current employer. Is there any way I can stay on the books as an employee of my current company and just get tourist visas for Thailand? I'm assuming not because I am effectively making money in Thailand. Can my employer set up a work permit for me in Thailand or do they need a company? If I start a company how will the taxes work? My company will be paying me a set monthly salary. If I start a company will this be better off for my employer? I'm assuiming it may be because then they wouldn't have to pay my super etc? and I would just bill them for services? Sorry for so any questions. All advice appreciated. The proviso for this going ahead is that I agree to see through the busy period in my current role so It won't be until around christmas time until this will go ahead. I want to get in early so I have lots of time to plan it. Thanks in advance Link to comment Share on other sites More sharing options...
andvari26 Posted June 19, 2011 Share Posted June 19, 2011 I recently attended the Immigration & Work Visa Forum in Chiang Mai. The local Immigration people on the night answered a question re this topic, it was from a lawyer who would base here in Thailand and work to service clients in the USA, the answer was - No Problem, as long as you do not conduct business with persons or business entities in Thailand, it is legal & OK.I would of course suggest you get this confirmed in writing ! Link to comment Share on other sites More sharing options...
12DrinkMore Posted June 19, 2011 Share Posted June 19, 2011 it is legal & OK.I would of course suggest you get this confirmed in writing ! Confirmed in writing???? You are surely not serious? "I, Somchai, Chief Immigration Officer for NackonhNowhere, do hereby confirm that non-resident foreigner, Joe Bloggs, NackonhNowhere, is able to legally work for and be remunerated by any clients not located in Thailand. Furthermore I personally indemnify Joe Bloggs in pursuing this work against any action taken by the Labour Department, Immigration Department, Tax Department, Tourist Police and regular Police" Something like that, I guess? Link to comment Share on other sites More sharing options...
dtrain5000 Posted June 19, 2011 Share Posted June 19, 2011 Labor department told me if my money was coming from overseas no work permit was needed as long as I wasn't working in a public location for any registered thai company. (Which means work at home.) They are not interested in foreigners who work overseas via the internet because farang is not earning money from within Thailand or preventing a Thai from earning the money. (I did this for about a year for an internet company.) Now I work for an actual Thai company here and have the WP and fun stuff. Just get a Non-B visa before coming here and do 90 day border runs. If you can't get another renewal each year from the the consulates in SE Asia, then fly home and get another one or get double tourist visas which will get you basically 6 months each time and you can do that 2 or 3 times to get you through another year. Maybe, by then, you'll get married to a Thai and you can get a marriage visa based on the money on your bank. (400,000B - US bank if fine) - Then you will never need to worry about the visa part again. BTY, let me know if your company needs anybody else! My job is boring me to death...... Link to comment Share on other sites More sharing options...
affpartner Posted June 19, 2011 Share Posted June 19, 2011 Very interesting replies! I actually run many websites which earn income from affiliate business, meaning that nothing is either bought or sold and I have no contact with any kind of Thai company or person nor do I get paid by a Thai company and I am working at home on the couch. I am already married and have the Non-O visa, so staying in Thailand is already settled and legal. It would be extremely good news if this is really correct. Not that I doubt your honesty, it is just that most people tell otherwise. Can I ask how you contacted the labor department and where? Would be nice to hear it myself from someone in charge, only don't know where to go. Thanks very much. Link to comment Share on other sites More sharing options...
givenall Posted June 19, 2011 Share Posted June 19, 2011 I just don’t get it. If you work for a foreign country remotelyand you are paid by them outside of Thailand then who cared about the what theyThai government employment rules are. Unless you need work permit to get visa for long stay. So if you can get paid in your home land just think of it asvacation and you just have to stay connected to work Link to comment Share on other sites More sharing options...
stickyrice2000 Posted June 21, 2011 Share Posted June 21, 2011 I say it depends on where you declare your residency. If you go as a tourist and work remotely, Iyou do not have to pay Thai taxes. If you declare residency in Thailand and work there, you will be subjected to Thai taxes for earned income. Link to comment Share on other sites More sharing options...
Soutpeel Posted June 21, 2011 Share Posted June 21, 2011 Labor department told me if my money was coming from overseas no work permit was needed as long as I wasn't working in a public location for any registered thai company. (Which means work at home.) They are not interested in foreigners who work overseas via the internet because farang is not earning money from within Thailand or preventing a Thai from earning the money. (I did this for about a year for an internet company.) Now I work for an actual Thai company here and have the WP and fun stuff. Just get a Non-B visa before coming here and do 90 day border runs. If you can't get another renewal each year from the the consulates in SE Asia, then fly home and get another one or get double tourist visas which will get you basically 6 months each time and you can do that 2 or 3 times to get you through another year. Maybe, by then, you'll get married to a Thai and you can get a marriage visa based on the money on your bank. (400,000B - US bank if fine) - Then you will never need to worry about the visa part again. BTY, let me know if your company needs anybody else! My job is boring me to death...... Where you are getting paid is or even if you are getting paid is completely irrelevant under current legislation, so would suggest who ever you talked to doesnt know their own rules. if you are working in Thailand you need to WP. How would you suggest the OP gets an Non-imm B under his circumstances ? as to be a Thai entity who issues the inivitation letter... The simplest way to look at this...if you are involved with an oversea's internet business which is supporting your life style in Thailand and you are "resident" in Thailand, you are working in Thailand and need a WP. And has others have suggested...go and get a letter from the Department of Labour which states someone who works remotely doesnt need to WP and once you get this letter please post on TV so we can all apologise.... Link to comment Share on other sites More sharing options...
RAZZELL Posted June 21, 2011 Share Posted June 21, 2011 This topic always amazes me It seems that if you work for a company, you go to an office, send emails, trade or design websites you are "working" and need a WP. If you do this at "home", miraculously you don't RAZZ Link to comment Share on other sites More sharing options...
Pib Posted June 21, 2011 Share Posted June 21, 2011 (edited) FYI from the Phuket Gazette Issues & Answers secton regarding subject. http://www.phuketgaz...ils.asp?id=1175 http://www.phuketgaz...ails.asp?id=180 Edited June 21, 2011 by Pib Link to comment Share on other sites More sharing options...
rreddin Posted June 21, 2011 Share Posted June 21, 2011 Labor department told me if my money was coming from overseas no work permit was needed as long as I wasn't working in a public location for any registered thai company. (Which means work at home.) They are not interested in foreigners who work overseas via the internet because farang is not earning money from within Thailand or preventing a Thai from earning the money. (I did this for about a year for an internet company.) Now I work for an actual Thai company here and have the WP and fun stuff. Just get a Non-B visa before coming here and do 90 day border runs. If you can't get another renewal each year from the the consulates in SE Asia, then fly home and get another one or get double tourist visas which will get you basically 6 months each time and you can do that 2 or 3 times to get you through another year. Maybe, by then, you'll get married to a Thai and you can get a marriage visa based on the money on your bank. (400,000B - US bank if fine) - Then you will never need to worry about the visa part again. BTY, let me know if your company needs anybody else! My job is boring me to death...... Where you are getting paid is or even if you are getting paid is completely irrelevant under current legislation, so would suggest who ever you talked to doesnt know their own rules. if you are working in Thailand you need to WP. How would you suggest the OP gets an Non-imm B under his circumstances ? as to be a Thai entity who issues the inivitation letter... The simplest way to look at this...if you are involved with an oversea's internet business which is supporting your life style in Thailand and you are "resident" in Thailand, you are working in Thailand and need a WP. And has others have suggested...go and get a letter from the Department of Labour which states someone who works remotely doesnt need to WP and once you get this letter please post on TV so we can all apologise.... The issue is whether you are working in Thailand. I work remotely for a UK company and am self-employed in the UK. I have a non Imm B visa issued by the Thai Consulate in Hull on the strength of a letter from the UK company saying it was OK for me to work from Thailand when I am here, which is most of the time. The letter stressed I am paid in the UK and that I will not be dealing with Thai companies other than to buy consumable supplies and that I will not be employing anybody in Thailand. Each time I have applied for a non Imm B visa, I asked if I needed a work permit and each time time I was told that as I was not working in Thailand, I did not need one. I agree that if I am deemed to be working in Thailand, irrespective of whether I am paid, I will need a work permit. The advice the Department of Labour gave verbally is also being consistently given verbally by the Consulate. Link to comment Share on other sites More sharing options...
Soutpeel Posted June 21, 2011 Share Posted June 21, 2011 FYI from the Phuket Gazette Issues & Answers secton regarding subject. http://www.phuketgaz...ils.asp?id=1175 http://www.phuketgaz...ails.asp?id=180 Yeap no ambiguity there....work on-line from Thailand and you need a WP Link to comment Share on other sites More sharing options...
Soutpeel Posted June 21, 2011 Share Posted June 21, 2011 The issue is whether you are working in Thailand. I work remotely for a UK company and am self-employed in the UK. I have a non Imm B visa issued by the Thai Consulate in Hull on the strength of a letter from the UK company saying it was OK for me to work from Thailand when I am here, which is most of the time. The letter stressed I am paid in the UK and that I will not be dealing with Thai companies other than to buy consumable supplies and that I will not be employing anybody in Thailand. Each time I have applied for a non Imm B visa, I asked if I needed a work permit and each time time I was told that as I was not working in Thailand, I did not need one. I agree that if I am deemed to be working in Thailand, irrespective of whether I am paid, I will need a work permit. The advice the Department of Labour gave verbally is also being consistently given verbally by the Consulate. May I humbly suggest you go and have a discussion with Phuket immigration as it appears they disagree.. further in your explanation I can't see the justification/grounds for being issued an Non-imm B, you have stated yourself you are not "working" or dealing with Thai companies, which are for the specific purpose of dealing with Thai companies or going to work in Thailand,therfore the grounds you have given does not justify being issued a Non-imm B, unless your company is telling porkies and they telling Hull they intend to set up a Thai company at some point in the future..... Link to comment Share on other sites More sharing options...
snoother Posted June 21, 2011 Share Posted June 21, 2011 The phuket gazette links are ridiculous. If you are self employed doing day trading, webdesign, webmarketing or playing online *****, it's impossible to get any sort of working visa or work permit. However, it is also impossible for the thai gvt to check what you are doing with your internet connection. Therefore, just get a suitable visa to stay legally in thailand (ED visa is usually the best solution) and you will be fine. Link to comment Share on other sites More sharing options...
Sunbelt Asia Posted June 22, 2011 Share Posted June 22, 2011 Working from home without a work permit is illegal. You could set up a company in Thailand (this would allow you to legally obtain a work permit) and provide services to your employer. This would also enable you to provide the same kinds of services to other companies as well. The foreign company would pay your company for services provided and your company would be liable for it's income tax in Thailand. You would be paid by your company (for example a director's salary) and that would be considered as a company expense but you would be liable for personal income tax in Thailand. However, this may change your benefits such as pensions with your current employer since you would no longer be an employee but a service provider so you should check with them if this is an issue. If you wanted to survey the possibility of doing business in Thailand and are serious about this, Sunbelt Asia could sponsor you for a multiple entry non immigrant B visa with the requirement that you must leave Thailand once every 90 days to get another 90 days. You could stay in Thailand for up to a year with this one year multiple entry visa. It is better to apply for this visa in your home country. [sunbelt][/sunbelt] Link to comment Share on other sites More sharing options...
Soutpeel Posted June 22, 2011 Share Posted June 22, 2011 However, it is also impossible for the thai gvt to check what you are doing with your internet connection. Therefore, just get a suitable visa to stay legally in thailand (ED visa is usually the best solution) and you will be fine. Unless of course someone reports you.... Link to comment Share on other sites More sharing options...
Jingthing Posted June 22, 2011 Share Posted June 22, 2011 However, it is also impossible for the thai gvt to check what you are doing with your internet connection. Therefore, just get a suitable visa to stay legally in thailand (ED visa is usually the best solution) and you will be fine. Unless of course someone reports you.... Unless someone reports you (he's playing on his computer at his private apartment!) AND immigration bothers following up on that. I rate all that -- REMOTE. Link to comment Share on other sites More sharing options...
SolarOhm Posted July 19, 2011 Share Posted July 19, 2011 Rhere is Good News and Bad News: 1) You do not need a Work Permit - as you are not working in Thailand, 2) IF you stay in Thailand over 180 days then you are classified as a Resident - which means you will be assessed for TAX on World WIde Income - to the extent you bring that income in to Thailand. (you probably need the money - so you will be taxed on it Solution: Establish anOffshore Company with offshore bankaccount - have that company contract with the US company and NOT yourself as an individual or employee. NOTE: You will also be required tofile a US taxform - with exemptions to a limit- depends on how much you earn but probably you will not exceed the threshold. Care needs to be taken how the Offshore company is set up - so you do not appear as a director or shareholder. If you are then you will be regarded as deriving the income yourself and taxed on it. PM me for more detailed information Link to comment Share on other sites More sharing options...
Soutpeel Posted July 19, 2011 Share Posted July 19, 2011 Rhere is Good News and Bad News: 1) You do not need a Work Permit - as you are not working in Thailand, 2) IF you stay in Thailand over 180 days then you are classified as a Resident - which means you will be assessed for TAX on World WIde Income - to the extent you bring that income in to Thailand. (you probably need the money - so you will be taxed on it Solution: Establish anOffshore Company with offshore bankaccount - have that company contract with the US company and NOT yourself as an individual or employee. NOTE: You will also be required tofile a US taxform - with exemptions to a limit- depends on how much you earn but probably you will not exceed the threshold. Care needs to be taken how the Offshore company is set up - so you do not appear as a director or shareholder. If you are then you will be regarded as deriving the income yourself and taxed on it. PM me for more detailed information 1. Under current legislation the OP needs a WP, he will be working in Thailand 2. The OP doesnt appear to be a US citizen, he is taking about his "super" therefore asumming he is an Aussie, so US tax laws have absolutely no bearing on the OP. It seems to me you are a "financial consultant" trying to peddle your wares, and the information you are giving is wrong. Link to comment Share on other sites More sharing options...
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