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Posted

Howdy--

I'm currently in Thailand, and working for my company back in the US, as I have been for one week now. This US company has no revenue in Thailand, and my pay is based in the US. My wife and I (both non-Thai citizens) were planning on doing tourist visa runs for the next several months. (The six-month rule comes as quite a surprise!)

My problem is that my employment is not a definite-term arrangement. If I go to a contract employee status, I know that I would need to set up a Thai company to arrange a work permit for myself. I do not expect a change of status for at least one month, but it could be several months. I really want to stay on tourist visas until my status changes, largely for simplicity.

From what I read in the forum FAQ this is not legal. I have heard conflicting anecdotal information (as long as all funds originate from outside the country type discussions).

Can anybody help me better understand what triggers it being more than a "working vacation," where I happen to be taking some R&R on a beach while checking my e-mail and being on conference calls? Buying a cell phone? Renting a house? Buying a IPStar dish?

Also, for a one-man-show, is it possible for me to set up a company and get a work permit? Would I have to hire a Thai staff? This adds too much complication to make it worthwhile.

Any help is appreciated!

Posted

You may simply proceed with your current approach, unmolested, for the foreseeable future - subject to the requirement for you and your wife to make frequent visa runs.

Various peole will give you the "you must have a work permit to pursue ANY work in Thailand" mantra. This is the equivalent of "how many angels can dance on the head of a pin".

Thailand couldn't care less about you - you are not taking up an employment slot that would otherwise go to an authorized worker in Thailand.

Under the scenario you describe, it would not be at all difficult to start up a consulting company, and obtain a work permit to work for that company - no Thai employees required. But - to get a long-term entry permit extension that allowed you and wife to remain in Thailand longer than 90 days at a time - you would need four Thai employees.

Unless - if you and wife purchase a qualifying condo valued at more than 3,000,000 baht, you can obtain a long-term entry permit extension on that basis - and then get a matching work permit.

Good luck!

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok

[email protected]

www.thaistartup.com

Posted

Indo are you 100% sure about that?

I am sort of under the same predicament as the poster. I spoke with members of the US-Thai Commerce dept. and basically they said anything I do in Thailand that generates revenue for me, while in thailand, even though it is revenue in my home country, will require a work permit.

Even if it is a 100% US owned company. Are you saying this is not true?

Besides to start up a consulting company would require the 3 million baht and a work permit..

Posted
You may simply proceed with your current approach, unmolested, for the foreseeable future - subject to the requirement for you and your wife to make frequent visa runs.

From my last extended stay in Thailand, I remember the same thing being said about using an agent to make visa runs, until the sudden and fierce crackdown.

I understand that in Thailand more than many places, there are rules, and the way things are done. In practice, the mantra of only giving 6 consecutive tourist visas before you need to stay away for 6 months has been around for several years. Only recently have I heard any reports of this being enforced, albeit second- or third-hand.

My primary desire is to make myself "sufficiently" legitamate that I will not attract any attention. If a working vacation is well below that threshold, I'm golden. If after five months of tourist visas I cross the threshold, I would prefer to plan ahead. I know things take time here.

Thoughts?

Posted

The answer to these questions is to try to envision the moment that something would go wrong, and effectively block you from continuing.

What - EXACTLY - are you envisioning as the threat? Perhaps: A knock on the door to your apartment, and there stands the Thai Gestapo, and they swoop in and take photos of your laptop screen??????????

What EXACTLY would you be doing that would generate evidence in a Thai court to convict you of a crime?

There simply is no mechanism in Thailand for someone in your situation to be persecuted. Because - there is no evidence of a crime. It is not a crime to send or receive fax messages, withdraw funds from an ATM machine, send or receive postal parcels, or send and receive e-mail messages. You are not buying from or selling anything to Thais - or anyone else in Thailand.

I will agree that - at any moment - Thailand can tighten up their border immigration procedures. Is that a compelling reason to do something?

Using dodgy visa run agents was a crime - and it very definitely generated hard evidence of a crime - right there is your passport. So - don't try to compare that - you are mixing apples with oragutangs.

Cheers!

Steve

Indo-Siam

Posted

but an e-buisness, that sells thai products, could convict you??

I suppose it depends on what kind of buisness you want to set up. And if your govt, with whom you are already paying taxes to, feels the need to have you be taxed by a foreign govt too.

Posted

LR -

I described the "test" above:

"Thailand couldn't care less about you - you are not taking up an employment slot that would otherwise go to an authorized worker in Thailand."

If you are selling Thai products on the internet, you are most likely doing something that can be done by an authorized Thai worker - so you are potentially subject to persecution - and charges of tax evasion.

The original post was by someone who ws doing work that would not (reasonably) otherwise be done by a legal worker in Thaikland.

Steve

Indo-Siam

Posted
You may simply proceed with your current approach, unmolested, for the foreseeable future - subject to the requirement for you and your wife to make frequent visa runs.

Various peole will give you the "you must have a work permit to pursue ANY work in Thailand" mantra.  This is the equivalent of "how many angels can dance on the head of a pin".

Thailand couldn't care less about you - you are not taking up an employment slot that would otherwise go to an authorized worker in Thailand.

Under the scenario you describe, it would not be at all difficult to start up a consulting company, and obtain a work permit to work for that company - no Thai employees required.  But - to get a long-term entry permit extension that allowed you and wife to remain in Thailand longer than 90 days at a time - you would need four Thai employees. 

Unless - if you and wife purchase a qualifying condo valued at more than 3,000,000 baht, you can obtain a long-term entry permit extension on that basis - and then get a matching work permit.

Good luck!

Steve Sykes

Managing Director

Indo-Siam Group

Bangkok

[email protected]

www.thaistartup.com

How does he purchase a condo , i didnt think he could !

Posted

The qualifying criteria for purchasing a condo is: you must have the money to pay for it.

The seller has to worry about ensuring that no more than 40% of the units in the condo development are owned by non-Thais.

Steve

Indo-Siam

Posted
The qualifying criteria for purchasing a condo is:  you must have the money to pay for it. 

The seller has to worry about ensuring that no more than  40% of the units in the condo development are owned by non-Thais.

Steve

Indo-Siam

that is way cool , im there in phuket !

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