Work Permit Advice

[barney2805]

Hello
I am planning to stay on a retirement visa in the next 3 months I am on one year visa at the moment issued in the UK, I currently work on a part time basis
for a UK company and pay UK tax, my accountant tells he thinks I can become non resident in the UK and not pay tax in the UK my salary is paid into a UK bank
account, When n Thailand I work by email and the odd call to the UK to existing Clients, would I need a Thai Work permit for doing this work remotely I plan to retire
next 12 months. Would I be liable for local tax if not taxed in the UK?

[Mario2008]

You would be working in Thailand, which requires a work permit which you won't get without being employed by Thai based company. On a retirement visa you would not get work permit anyway.

Can't comment on the tax thing, but you will be sure to pay tax somewhere. My bet is it will be the UK as you earn the money there.

[barney2805]

Thanks I am not clear about what they class as work requiring a work permit I understood it was if you work for a Thai company if I am emploed by a UK company even though remote working not phyically having a a business inThailand is not allowed, thanks for our help on this.

[Gone]

You would be working in Thailand, which requires a work permit which you won't get without being employed by Thai based company. On a retirement visa you would not get work permit anyway.

Can't comment on the tax thing, but you will be sure to pay tax somewhere. My bet is it will be the UK as you earn the money there.

Mario,

I'm not saying you are wrong but I think that you actually CAN work here on a retirement visa. Yes I know it is stamped "Work Prohibited" however my friend in Immigration tells me that not many people know that you can actually work but of course you are required to work within all the rules and regulations that we already know, tax etc.

He told me that Thailand has always encouraged generating money in Thailand and you just need to follow the proper procedures. I will get more info on this (officially) and let you know how because I am on a retirement visa but just don't intend to work in Thailand.

What I do know is that I am in the Oil/Gas industry and if/when a company wants to hire me as an Engineer (Thai or Foreign company) that they can allow me to work. I'm not sure as I say if they would just switch my retirement visa to a Non-B or what but I will find out.

[lopburi3]

You require a work permit and in almost all cases the Labor Department will not issue for anyone on a retirement extension of stay. There have been occasional exceptions but few and far between. If you want to work you would have to chance extension to another or obtain non immigrant B visa entry in almost all cases. It is not an immigration matter - it is Labor Department.

[SamMunich]

Hi Barney

You must distinguish between official and factual situation.

Officially you need a work permit, if and when you work and are present in Thailand, even if the "employer" is abroad. That has also to do with income tax, which the Thai IRS would like to get from you. The definition of work, that needs a permit is so, that if another person would get money for what you do, even if voluntary, you will need a work permit. So ANY work need a permit, sorry.

BUT, if no official person here knows, that and what you are doing here, nobody will come and pester you for a permit. Fact: Only if somebody is snitching on you will the police and Labour Department come to "visit" you. So you keep your head under the radar and nobody will bother.

To make things even more complicated you need a NON-IM -B- visa to apply for a work permit. To get such a visa you need a Thai company issuing a stack of papers, that they intend to employ you. Without a NON-IM -B- you can't apply for a work permit, period. However, there is no minimum wage/salary defined for applying for such a visa and for a work permit. But the officials will propably deny the visa or the permit, if your intended pay-cheque is too little. The minimum, like 65K of US and CAN citizens or 50K for most other Westerners, ONLY applies, if your company then want to extend your 3-month NON-IM -B- to a full year, i.e. no need for you to leave the country every 90 days.

So, on the issue of the work permit I would think, that you just keep your head down, and tell all people around you, that you are retired. If you are 50 or older, get a NON-IM -O- visa with multiple entries. You might need to prove your financial situation like at least 1,000 Euro/month (i.e. 12K per 1 year) and you can get this kind of visa ONLY in your home country... which you just happen to visit once a year to see your parents...

About the tax: A similar situation: If nobody knows about it, nobody will request you to file for income tax in Thailand. Even as you are per-forma required to do so. But the Big Brother is not as developed here as in the West. If you are getting your salary from a company in the West, why not open an account in, say, Singapore and get your salary etc. paid onto that account? If you are away from your home country for over 183 days/year, most countries will allow you to file for taxes at the new center of your life, even if that is in Asia. Depending on what you have agreed to with your company back home, they should be able to advise your salary to an offshore account and treat you as an offshore staff member, not elegible to pay taxes back home. This 183 days/year can be seen from your passport stamps.

In conclusion: As you are away from home for over half a year each year, you can get salaries paid onto a foreign account and avoid being taxed back home. Instead you should be taxed abroad, i.e. in Thailand, but unfortunatelly you can't get a work permit and thus can't work and ergo not pay taxes in Thailand either. Too bad. Keep your head low and enjoy...

For money fund transfers, better check the fees first, there are several ways and fees to get you money around the world. Or just pack some doe into your pocket, if you don't want to leave a virtual or paper trail. In Asia nobody bothers to check you upon arrival, they're only after the "2 cartons of cigarettes from duty free" guys.

Good luck,

SamM.

[lopburi3]

You do not require a non immigrant B visa to apply for a work permit - many people on marriage extensions of stay have work permits and never had a B visa. Nor is a non immigrant visa required for application for work permit - only for issue is the non immigrant visa a requirement.

The income requirement is for immigration extension of stay and set at 50k highest and that includes Americans - but many jobs are exempt from this requirement, including teachers.

You do not require a work permit to pay tax in Thailand - all you need to do is obtain number and file.

[barney2805]

many thanks for all your information i will digest.

[Soutpeel]

Everyone else has commented on the need for a WP in Thailand, so I will comment on the UK tax portion...you will in all likelyhood be taxed in the UK at source, your a British citizen working for a UK company and being paid in the UK....you will not get away with a plea of non-residency in the UK...

[barney2805]

Many thanks to you all for your input I will talk to my accountant in the UK, I will keep you posed the final outcome