Working For Us Company Remotely In Thailand, Work Permit?

[bkk_mike]

This whole thread seemed pointless. OP seemed to be asking questions that he thought he already knew the answer to and then not liking the replies.

To then (as a person who sought advice on a public forum) condemn the answers that he received as being just the opinions of people on a public forum, well that just about sums it all up.

People generally ask questions on a public forum to save them having to ask lawyers, you don't often see people who have lawyers who have already told them the answer go to a forum to see if anybody else has the "right" answer.

I can't say I agree with everything on this site, but the mods on the visa forum are first class. No question.

They help people solve problems day in, day out, and on the odd occasions they don't know an answer, they find out.

I posted earlier...

Visa-wise - I am legal as I've got a non-O as I have a Thai wife.

WP wise, I also know I'm technically in the wrong - but then the way the laws around working are written, a foreigner mowing their own lawn without a work permit is technically breaking the law.

I DID take legal adice when I first came here, and the lawyer basically said that I couldn't get a work permit without setting up a Thai company, but that the DoL wouldn't care about me as I wouldn't be working in an office or doing anything that would take a job from a Thai.

This matches exactly with what Sunbelt says...

If your telecommuting solely involves you sitting at home on a computer connected to your office in another country and has nothing to do with any company in Thailand, the DoL doesn't care.

This is probably because if they start cracking down on people in that situation, it could highlight that people on holiday checking their work email/phoning the office are technically breaking exactly the same law.

[Soutpeel]

This whole thread seemed pointless. OP seemed to be asking questions that he thought he already knew the answer to and then not liking the replies.

To then (as a person who sought advice on a public forum) condemn the answers that he received as being just the opinions of people on a public forum, well that just about sums it all up.

People generally ask questions on a public forum to save them having to ask lawyers, you don't often see people who have lawyers who have already told them the answer go to a forum to see if anybody else has the "right" answer.

I can't say I agree with everything on this site, but the mods on the visa forum are first class. No question.

They help people solve problems day in, day out, and on the odd occasions they don't know an answer, they find out.

I posted earlier...

Visa-wise - I am legal as I've got a non-O as I have a Thai wife.

WP wise, I also know I'm technically in the wrong - but then the way the laws around working are written, a foreigner mowing their own lawn without a work permit is technically breaking the law.

I DID take legal adice when I first came here, and the lawyer basically said that I couldn't get a work permit without setting up a Thai company, but that the DoL wouldn't care about me as I wouldn't be working in an office or doing anything that would take a job from a Thai.

This matches exactly with what Sunbelt says...

If your telecommuting solely involves you sitting at home on a computer connected to your office in another country and has nothing to do with any company in Thailand, the DoL doesn't care.

This is probably because if they start cracking down on people in that situation, it could highlight that people on holiday checking their work email/phoning the office are technically breaking exactly the same law.

Actually the DOL in Phuket came out publically last year or the year before and stated if they catch people working on line they will prosecute those people as working on-line requires a WP (this article is on TV somewhere)

All Sunbelt has done provided an opinion on their interpretation of the law, if by some chance you were caught and prosecuted, you have no defense in saying Sunbelt or lawyer XYZ said so...

Further your comparision with people checking work emails while on holiday is a very weak, but nice try none the less....tourist are exactly that..they are tourists, they come to Thailand and leave again, I agree the DOL will not be interested, them...however you are claiming "residence" in Thailand, and one assumes you are doing what your doing is to support your life style in Thailand, its a different set of circumstances...as aside from the WP issue, one assumes you are in Thailand more than 180 days a year, therefore you may be liable for Thai tax as well, which one assumes your not paying now

At the end of the as the current laws are written, the detemination as to whether you are "technically" working or not, rest solely with the DOL official concerned, irrespective of what Sunbelt or any other lawyer says, if in their interpretation you are working, you are working, and granted it could be mowing your own lawn..

[overherebc]

This whole thread seemed pointless. OP seemed to be asking questions that he thought he already knew the answer to and then not liking the replies.

To then (as a person who sought advice on a public forum) condemn the answers that he received as being just the opinions of people on a public forum, well that just about sums it all up.

People generally ask questions on a public forum to save them having to ask lawyers, you don't often see people who have lawyers who have already told them the answer go to a forum to see if anybody else has the "right" answer.

I can't say I agree with everything on this site, but the mods on the visa forum are first class. No question.

They help people solve problems day in, day out, and on the odd occasions they don't know an answer, they find out.

I posted earlier...

Visa-wise - I am legal as I've got a non-O as I have a Thai wife.

WP wise, I also know I'm technically in the wrong - but then the way the laws around working are written, a foreigner mowing their own lawn without a work permit is technically breaking the law.

I DID take legal adice when I first came here, and the lawyer basically said that I couldn't get a work permit without setting up a Thai company, but that the DoL wouldn't care about me as I wouldn't be working in an office or doing anything that would take a job from a Thai.

This matches exactly with what Sunbelt says...

If your telecommuting solely involves you sitting at home on a computer connected to your office in another country and has nothing to do with any company in Thailand, the DoL doesn't care.

This is probably because if they start cracking down on people in that situation, it could highlight that people on holiday checking their work email/phoning the office are technically breaking exactly the same law.

Actually the DOL in Phuket came out publically last year or the year before and stated if they catch people working on line they will prosecute those people as working on-line requires a WP (this article is on TV somewhere)

All Sunbelt has done provided an opinion on their interpretation of the law, if by some chance you were caught and prosecuted, you have no defense in saying Sunbelt or lawyer XYZ said so...

Further your comparision with people checking work emails while on holiday is a very weak, but nice try none the less....tourist are exactly that..they are tourists, they come to Thailand and leave again, I agree the DOL will not be interested, them...however you are claiming "residence" in Thailand, and one assumes you are doing what your doing is to support your life style in Thailand, its a different set of circumstances...as aside from the WP issue, one assumes you are in Thailand more than 180 days a year, therefore you may be liable for Thai tax as well, which one assumes your not paying now

At the end of the as the current laws are written, the detemination as to whether you are "technically" working or not, rest solely with the DOL official concerned, irrespective of what Sunbelt or any other lawyer says, if in their interpretation you are working, you are working, and granted it could be mowing your own lawn..

Sounds a bit like the OP wasted a lot of money studying law in the US and thinks it might apply here.

[ubonjoe]

If married to a Thai and on extension of stay based upon marriage it can be quite easy to set up a company or business and get a work permit.

You can do it as a partnership (49/51) and get the work permit with only 2 Thai employees and 1 million baht registered capital.

Having the extension based upon marriage makes all the difference because you do not need to deal with immigration and all their rules for getting an extension for working.