Visa Type When Working Abroad And From Home For A Company Not Present In Thailand?

[OBrien]

Hi

I have a special situation that doesn't seem to be covered in the visa rules and I would like to hear if anyone can come up with a solution...

I'm a European citizen who's going to stay for a year in Thailand on a Marriage visa. I'll be employed by a European company working in the middle east. 2/3 of my time I will probably be working remotely from my home in Thailand and the rest of the time I'll be traveling to the Middle east to work.

My company is having trouble figuring out how to pay my salary from their HQ in Europe and figuring out where I'll have to pay my taxes. Of course they don't want to do anything illegal. So far I have been working and living in the middle east and been subject to the local taxes there.

The local Thai embassy has advised me, that as long as the company certifies that I get a certain minimum salary every month (as required by the Marriage visa), I can work all I want for the company in the Middle east - and the Thai government will not come after me for doing anything illegal or will want to collect taxes. -I'm not convinced they are correct.

Is it possible for me to get a work permit in Thailand for a company that is not present in Thailand or are there any other ways around it that will make my stay in Thailand legal on the Visa I got?

Thanks

[Soutpeel]

If you are not present in Thailand for 180 days or more, you would be "non-resident" in Thailand for tax purposes, further the Thai goverment cant go "after you" on overseas income if earned outside the country and not brought into the country the year it was earned, so basically your local Thai Embassy is correct in what they are saying, you would not be liable for tax on your overseas earned income in Thailand

Working remotely from Thailand without a WP would be illegal and seeing as your company has no "Thai branch" you will not be getting a WP, you need a Thai entity to "sponsor" your WP, providing you keep your mouth shut as to what your upto in Thailand highly unlikely you will have problems from Thai authorities, for all intents and purposes you would be on "holiday" with your wife in Thailand

Why cant your company just take the tax off at source or keep you on the books in the ME and keep deducting tax, and your time in Thailand is "leave"

[lopburi3]

Thai goverment cant go "after you" on overseas income if earned outside the country and not brought into the country the year it was earned,

Believe that is policy rather than law. From my reading of the law many years ago it seemed worldwide income could be taxed if they chose to do so.

[Soutpeel]

Thai goverment cant go "after you" on overseas income if earned outside the country and not brought into the country the year it was earned,

Believe that is policy rather than law. From my reading of the law many years ago it seemed worldwide income could be taxed if they chose to do so.

Maybe so, but if you are "non-resident" and the money is being earned outside the country, and in the OP's case, tax is being taken at source, the Thai goverment has no legal position to claim tax from you.

The OP has no "legal" status in Thailand, ie PR etc, so the Thai goverment cant have it both ways, as much as they would like to...

[TheMysteriousMrTesla]

I've been in a similar situation in the past:-

Living in Thailand 33%

Working in India 33%

Working in Philippines 33%

Company based in Hong Kong.

Neither India nor Philippines nor Thailand tax laws required payment.

To maintain the paper trail tax 'paid' in HK. I said 'paid' because as a non-resident the payment was zero!

So a happy couple of years quite legally paying no tax, a bit of a bump when we moved the company to Thailand mind.

In a nutshell. Thailand won't want tax. If the country where you're working don't want tax and neither do the country where your employer is based, then don't pay tax. QED.

You will need an offshore bank account and a company willing to pay into it and let you handle your own tax affairs to make it work.

Tax avoidance not tax evasion.

[gamini]

I've been in a similar situation in the past:-

Living in Thailand 33%

Working in India 33%

Working in Philippines 33%

Company based in Hong Kong.

Neither India nor Philippines nor Thailand tax laws required payment.

To maintain the paper trail tax 'paid' in HK. I said 'paid' because as a non-resident the payment was zero!

So a happy couple of years quite legally paying no tax, a bit of a bump when we moved the company to Thailand mind.

In a nutshell. Thailand won't want tax. If the country where you're working don't want tax and neither do the country where your employer is based, then don't pay tax. QED.

You will need an offshore bank account and a company willing to pay into it and let you handle your own tax affairs to make it work.

Tax avoidance not tax evasion.

Tax avoidance is considered tax evasion in Australia. Also living here without paying tax is nothing to be proud of. You are a tax dodger!

[TheMysteriousMrTesla]

Tax avoidance is considered tax evasion in Australia. Also living here without paying tax is nothing to be proud of. You are a tax dodger!

That may be, but we're not in Australia are we?

Would you feel better with 'tax optimisation'? If it optimises down to zero who am I to argue.

None of the countries involved required tax to be paid, so why would one pay what is not needed?

Everything earned was fully declared in my chosen tax domain (Hong Kong), it was the HK tax department that said no tax was payable.

As it happens I do pay tax in Thailand now as I work for a Thai company, I was just pointing out that the OP could have the opportunity of a couple of legal tax-free years if he organises things right.

[Soutpeel]

Tax avoidance is considered tax evasion in Australia. Also living here without paying tax is nothing to be proud of. You are a tax dodger!

Many people live in Thailand without paying tax in Thailand, ie a OAP who draws a pension is UK is taxed in the UK, so why should they pay tax in Thailand, they are not working/loperating a buisness here.

Tax avoidance and tax evasion on not the same thing even in Aussie.

In the example given

1. HK....non-resident no tax payable - this is not tax evasion

2. India - if they dont require the tax to be paid - this is not tax evasion, likewise with the Phillipines.

In person concerned spends less than 180 days in Thailand a year, then considered Non-resident for tax purposes, no tax payable in Thailand, If person concerned doesnt remit money to Thailand in year it was earned....No tax payable.

So please explain how any aspect of what poster is doing isconsidered tax evasion ?.....

As far as I can see the poster is following the rules in the various countries and if the net result is zero income tax good for him