Foreigners Who Wish To Conduct Business In Thailand

[dogbox2013]

I'm just trying to find a clear definition for what constitutes conducting business in Thailand.

My wife and I have nothing tying us down to living in Australia and are wondering whether its possible to continue to do my ecommerce business activities but be based in Thailand. This would be a great lifestyle change. We are not talking about a massive company that employs anyone -I am a sole trader and this is a hobby business that has grown enough to be able to quit my regular day job.

I don't plan to sell my goods in Thailand (to date I have never sold anything to a Thai customer in 3 years of trading online). I don't plan to hire Thai employees. I do plan to continue to use the same Thai company that I have used to supply me with electronics items that I design and get manufactured in Thailand. I get those goods freighted to me here in Australia, and then I sell them online. I would continue to use my Australian Ebay account in AUD (Australian Dollar ) and pay taxes here in Australia. I would need to update the ebay acount to advise that goods are being sent from Thailand. We are thinking of staying in Thailand for between 3-6 months Annually.

I think I already know that we will need to apply for an Non-Immigrant Visa Category “B” (Business Visa).

That's what my gut instinct tells me, but the fact that I have been doing this activity for 3 years while based in Australia, makes it an Australian business. That makes me second guess that assumption. I wonder what would be the case if my business was completely online (i.e I sold information that was simply downloaded, or provided an online service}. The business is based out of where its registered, and where you pay taxes. These days you can conduct business absolutely anywhere in the world at any time, just by having a 3G connection and a smartphone. That's the way I'm seeing it, but really that means squat, its how the Thai government sees our activities.

The other thing that makes me second geuss the need for a Thai business visa is that I could do all this by hiring a Thai freight forwarding company to send my goods around the world without having to first send to Australia. I can do that now from here in Australia. In effect I am getting goods in Thailand, and could get them drop shipped to anywhere in the world without ever seeing them. I don't need a visa to do that. Its perfectly legal to do that, and it happens on most online goods you buy these days from places like China, Thailand, Indonesia etc etc...

The only thing that would be changing is that we would live in Thailand and not Australia for 3-6 months each year.

I get the feeling the whole ecommerce thing is a grey area for Governments around the world at the moment. Does anyone know of where there is clear guidelines on this issue. Be greatfull for any help on this..feel free to punch holes in my assumptions

cheers

Steve

[Mario2008]

Thai labour law was, as in most countries, not written with working through the internet in mind. As far as Thailand is concerned, you are working in Thailand and must have work permit for that, for which you need to set-up a Thai company otherwise no WP will be issued. That means Thai share holders and Thai employees.

[TRicher]

I have opened a thai business. My Thai attorney has informed me in order to stay legal in Thailand, one must keep very good records of sales and expenses. Also in order to keep a W.P. you must have 4 Thai emloyees and pay the payroll taxes on a monthly bases. VAT is also expected to be paid within 30 days. Each year pay your annual corp. tax and your personal Income tax and everyone will stay happy. I also keep in the back of my mind that Thai laws can change in a "New York minute". Many people have done well in Thailand, I wish you the best.

[JLCrab]

My 50 satangs: Keep your business and your shipments based in Australia. Visit Thailand for the 3-6 months per year and make frequent enough exits to neighboring countries so that you can say all your work is done ex-Thailand. Keep a video game on your computer that you can switch to should anyone look over your shoulder while you are managing your accounts.

As far as Thailand is concerned, try to only be a customer of your current Thailand electronics supplier.

[Soutpeel]

My 50 satangs: Keep your business and your shipments based in Australia. Visit Thailand for the 3-6 months per year and make frequent enough exits to neighboring countries so that you can say all your work is done ex-Thailand. Keep a video game on your computer that you can switch to should anyone look over your shoulder while you are managing your accounts.

As far as Thailand is concerned, try to only be a customer of your current Thailand electronics supplier.

Fair advice, but the OP intends to apply for a Non-imm B...does doing this really justify the issue of a B ?

per the OP "The only thing that would be changing is that we would live in Thailand and not Australia for 3-6 months each year."

if this is correct why would be applying for a Non-imm B ?....typically someone would apply for this to persue possible business interests in Thailand, but it seems the business interests are already in place.

irrespective of where the business is based, or where tax is being paid etc, if he comes to Thailand and doing what he is doing this could be interpreted as working

to me the fully legal route for something like this is to open a represenative office of the Aussie company as what he intends doing falls within the defintion of a rep office and he can get a WP without the normal requirements of 4 Thai employees etc as he is sourcing Thai products

[prestburypark]

Don't tell them and don't tell anyone here what you are doing.(Informants & jealousy) You will be invisible but you could consider using a vpn to show your ip address as Aus if you felt better doing that. Essentially you are not running a business here in Thailand but remotely running your Aus biz..

Keep it simple. Good luck it is good to be here with a bit of a western income coming in monthly.

[JLCrab]

There is no need for him to apply for a B visa to live in Thailand for 3-6 months per year. he should have no problem obtaining tourist visas from his home country of Australia for that duration. He is currently a customer of a supplier in Thailand. I would suggest that he keep it that way.

Edited April 1, 2013 by JLCrab