should I have a work permit?

[keithet]

If I do a set of plans for a house addition located in U.S. on Acad should I have a work permit?

I would be doing the work from home here in Thailand.

[ubonjoe]

You would not need a work permit for that.

[keithet]

If there is a contract drawn for the price, can the payment for the plans be considered as additional income from abroad for any extension of stay?

[Soutpeel]

You would not need a work permit for that.

Why not is the OP not working in Thailand ? Don't think its question of needing one, more of a question of would the OP get caught not having one ? And the answer is highly unlikely he would get caught

Further reading the second post from the OP there are contracts in place and wants to use the income towards his extension, could we not suggest he is running a business from Thailand and surely should be paying tax as well ?

[keithet]

You would not need a work permit for that.

Why not is the OP not working in Thailand ? Don't think its question of needing one, more of a question of would the OP get caught not having one ? And the answer is highly unlikely he would get caught

Further reading the second post from the OP there are contracts in place and wants to use the income towards his extension, could we not suggest he is running a business from Thailand and surely should be paying tax as well ?

I think you are assuming to much.

This would be a favor for someone in the U.S. and for this favor we would agree on a price.

That's all its not a business it's not a career. It is actually something I would prefer not to do and IF!! Legally I should have a work permit it is something I would rather not do.

And also your comment about "there are contracts in place" That is not true you are placing words in my post! I asked/wrote "if there is a contract is drawn"

This is a simple question please don't twist my words into some kind of Forum bashing.

Thank you have a good day Sir.

[Soutpeel]

You would not need a work permit for that.

Why not is the OP not working in Thailand ? Don't think its question of needing one, more of a question of would the OP get caught not having one ? And the answer is highly unlikely he would get caught

Further reading the second post from the OP there are contracts in place and wants to use the income towards his extension, could we not suggest he is running a business from Thailand and surely should be paying tax as well ?

I think you are assuming to much.

This would be a favor for someone in the U.S. and for this favor we would agree on a price.

That's all its not a business it's not a career. It is actually something I would prefer not to do and IF!! Legally I should have a work permit it is something I would rather not do.

Fact is it doesn't change the definition of "work" in Thailand, and by the definition you are working ergo a WP would be needed, the only question is will you get caught, most likely not if you keep your mouth shut as to what your doing

[rwdrwdrwd]

The definition of work in Thailand covers use of brain or any part of the body, unpaid or not. Therefore, technically, the only true answer to this question that can ever be given is 'that would be up to the court'.

The only thing anyone here can offer you, including the resident lawyer, is opinion. Mine is that I've never heard of anyone being prosecuted for acting in the manner you describe, so I think it unlikely you would be (though anything is possible).

Offshore income is considered taxable though (subject to dual taxation treaties), if you send it to Thailand in the same year you earn it.

[keithet]

The definition of work in Thailand covers use of brain or any part of the body, unpaid or not. Therefore, technically, the only true answer to this question that can ever be given is 'that would be up to the court'.

The only thing anyone here can offer you, including the resident lawyer, is opinion.

Nice!

[rwdrwdrwd]

Just to clarify, the 'resident lawyer' comment was not a veiled insult to other posters, I mean the lawyer in the Ask The Lawyer' section.

This is the terribly phrased law:

"Working" means a working by physical strength or knowledge whether or not intended for wages or any other benefits.

http://thailaws.com/law/t_laws/tlaw0366.pdf

Clear as day, as you can see

[keithet]

The definition of work in Thailand covers use of brain or any part of the body, unpaid or not. Therefore, technically, the only true answer to this question that can ever be given is 'that would be up to the court'.

The only thing anyone here can offer you, including the resident lawyer, is opinion. Mine is that I've never heard of anyone being prosecuted for acting in the manner you describe, so I think it unlikely.

Offshore income is considered taxable though (subject to dual taxation treaties), if you send it to Thailand in the same year you earn it.

Is there a minimum amount that is considered not taxable?

The amount is not that much. Like I said it would just be more as a favor. I'm quite happy with just my pensions but extra cash is always liked.

[Soutpeel]

The definition of work in Thailand covers use of brain or any part of the body, unpaid or not. Therefore, technically, the only true answer to this question that can ever be given is 'that would be up to the court'.

The only thing anyone here can offer you, including the resident lawyer, is opinion. Mine is that I've never heard of anyone being prosecuted for acting in the manner you describe, so I think it unlikely.

Offshore income is considered taxable though (subject to dual taxation treaties), if you send it to Thailand in the same year you earn it.

Is there a minimum amount that is considered not taxable?

The amount is not that much. Like I said it would just be more as a favor. I'm quite happy with just my pensions but extra cash is always liked.

Easy way around it, is just dont remit the money to Thailand the year it is earned

[keithet]

Just to clarify, the 'resident lawyer' comment was not a veiled insult to other posters, I mean the lawyer in the Ask The Lawyer' section.

This is the terribly phrased law:

"Working" means a working by physical strength or knowledge whether or not intended for wages or any other benefits.

http://thailaws.com/law/t_laws/tlaw0366.pdf

Clear as day, as you can see

Wow! From the quote you shared anything can be considered as "work"

even advice from knowledge can be. Or advice from knowledge of seeing a acident, as in dont walk in front of a bus it may hurt!

Just joking but thank you for sharing.

[keithet]

The definition of work in Thailand covers use of brain or any part of the body, unpaid or not. Therefore, technically, the only true answer to this question that can ever be given is 'that would be up to the court'.

The only thing anyone here can offer you, including the resident lawyer, is opinion. Mine is that I've never heard of anyone being prosecuted for acting in the manner you describe, so I think it unlikely.

Offshore income is considered taxable though (subject to dual taxation treaties), if you send it to Thailand in the same year you earn it.

Is there a minimum amount that is considered not taxable?

The amount is not that much. Like I said it would just be more as a favor. I'm quite happy with just my pensions but extra cash is always liked.

Easy way around it, is just dont remit the money to Thailand the year it is earned

All my money is deposited in my U.S. bank account... Whether it be from my pensions or gifts or in this case a favor I might do (not sure yet)...

Every couple of months I transfer money to my Thai account for living expenses.

How would it be known what money is what being transferred for living expenses?

I just like to transfer what I plan on spending here in Thailand.

[Soutpeel]

The definition of work in Thailand covers use of brain or any part of the body, unpaid or not. Therefore, technically, the only true answer to this question that can ever be given is 'that would be up to the court'.

The only thing anyone here can offer you, including the resident lawyer, is opinion. Mine is that I've never heard of anyone being prosecuted for acting in the manner you describe, so I think it unlikely.

Offshore income is considered taxable though (subject to dual taxation treaties), if you send it to Thailand in the same year you earn it.

Is there a minimum amount that is considered not taxable?

The amount is not that much. Like I said it would just be more as a favor. I'm quite happy with just my pensions but extra cash is always liked.

Easy way around it, is just dont remit the money to Thailand the year it is earned

All my money is deposited in my U.S. bank account... Whether it be from my pensions or gifts or in this case a favor I might do (not sure yet)...

Every couple of months I transfer money to my Thai account for living expenses.

How would it be known what money is what being transferred for living expenses?

I just like to transfer what I plan on spending here in Thailand.

In this particular case they wouldn't, I was just giving you one of ways around the tax thing

[arthurwait]

Do you require a work permit ? Yes because it is work and in exchange for cash.

Will you get one ? No.

Does anyone care ? No.

Will you get caught ? No.

Get on with it and keep scthum.

[stevenl]

Do you require a work permit ? Yes because it is work and in exchange for cash.

Will you get one ? No.

Does anyone care ? No.

Will you get caught ? No.

Get on with it and keep scthum.

Agree, but 'cash or not' does not matter at all.

[umbanda]

I believe that you can do any kind of work online if you are paid in your country, transfering the money from your country bank to your Thai bank if you need it here. For all porpouse will be better to use a foreign business address and phone number. If you need a local US number that you can use from here, get a Magic Jack account with unlimited calls to US and Canada for $30.00/year, getting messages on your e-mail or even in an answering machine.

[Suradit69]

If there is a contract drawn for the price, can the payment for the plans be considered as additional income from abroad for any extension of stay?

You need a letter/affidavit from your embassy concerning income for, as examples, a retirement or marriage extension. So what can be included depends on what your embassy will accept. If it's the US embassy, all they are doing is certifying that you have declared the stated amount in monthly income on a sworn affidavit that you have claimed to be a true and accurate declaration. Falsifying the declared amount would be breaking Thai and US laws, though the chance you'd be charged for that is almost nonexistent.

That said, immigrations still have the right to ask for supporting documentation to substantiate what you've claimed. If you have some dated contract for work done while you were resident in Thailand to show as one of the sources of the income you claimed, they obviously would conclude you earned the money while resident in Thailand without a work permit.

It's unlikely any of these "risks" would ever arise, but "oh what a tangled web we weave ..."

[Issangeorge]

I think the chances of anybody carrying or charging you for not having a work permit are nil. However if you want to use it as an excuse for not doing the plans, then yes you do need a work permit, and without forming a company and employing two Thais the first year you won't get one, so sorry as much as I would like to help you out, it would be illegal for me to do so.

[steve187]

If there is a contract drawn for the price, can the payment for the plans be considered as additional income from abroad for any extension of stay?

if the amount you get from a one off house extension drawing, is enough to include as income for a Thai extension of stay, you must charge a lot of money for your work, baring in mind its a favour for a friend

[jspill]

Personally I'd just listen the moderator in post #2 and ignore posters trying to tell you you're doing anything wrong.

[Maestro]

If I say that I am working, then it is work because I have defined it as such. If I am playing around with a graphics program and say as much, then I am not working.