Work online for an overseas company...

[JLCrab]

1. Short term is not long term.

2. If your a-s is in Thailand, then you are in Thailand regardless of where your client or payment repository might be.

3. Your signed and dated declaration -- if on a Tourist Visa -- that you are here for pleasure and that you will not engage in any profession or occupation, etc. is not to the Labor Ministry but to the Ministry of Foreign Affairs.

Edited September 9, 2015 by JLCrab

[seancbk]

That is a multipurpose application form which clearly asks for the "Purpose of Current Visit"

Try applying for a tourist visa by stating the Purpose of Current Visa is work. !

No the purpose of your visit is simply to visit Thailand.

You are not coming to take up employment. You are already employed outside of Thailand, albeit doing work that is online.

Based on your (and JLCrab's) interpretation of this clause "Attention for Tourist and Transit Visa Applicants : I hereby declare that the purpose of my visit to Thailand is for pleasure or transit only and that in no case shall I engage myself in any profession or occupation while in the country." Anyone coming to Thailand should hand in their notice so they arrive unemployed. Which is clearly ridiculous.

They clearly mean you are not allowed to take up employment with a Thai company without permission. To suggest that you can't deal with your work for the company you are employed by in your home country while here on holiday is equally ridiculous.

But again, these laws were not written to take into consideration email type work.

[Soutpeel]

From Sunbelt (the law firm), Bearing in mind this was posted in 2012....

"While Thai law does require anyone working in Thailand to have a work permit we have been told by the Labor Department that they generally do not require a work permit for those checking emails and doing some work from home remotely. However, if you are selling on Ebay and have boxes of goods in your home this would be looked at in a different light and we have been told that they would expect you to have a company and work permit for this kind of exporting."

Then there is this info from earlier this year....

Effective March 13, 2015, the following activities will no longer require the work permit previously mandated for even short-term business activities, known as the “urgent work permit”:

• Attending a conference or seminar

• Visiting businesses or engaging in discussions with customers

• Attending exhibitions and trade shows

• Attending lectures, educational forums, training programs and seminars as an audience participant

• Attending board of directors meetings in his/her own company

Providing training, speaking at a conference and representing a company at a trade show, however, will still require an urgent work permit.

Source - http://msiimmigration.com/news/thailand-business-activities-longer-require-work-permit/

Given that they significantly relaxed rules for people coming to Thailand to do work type tasks (see list above) and given the statement by Sunbelt, I am of the opinion that their definition of 'work' although vague is only based on being employed and paid by someone in Thailand. Working online and being paid exclusively by an overseas entity does not fall within what they consider work.

I know plenty of people who's 'work' is only reading and replying to emails.... they are paid for their knowledge (consultants basically). If they can be based here working then what is the difference between them and someone doing web design, or managing remote servers for overseas clients, etc

Update from KPMG - The Thai Department of Employment issued an announcement on March 6, 2015, declaring the types of work-related activities that are not classified as “work” under Thailand’s Alien Working Act B.E. 2551 (2008).

https://home.kpmg.com/xx/en/home/insights/2015/03/flash-alert-2015-050.html

Still doesn't cover online, but I still think their definition of work is based on employment by someone or a Thai company in Thailand, and payment from that source in Thailand.

What they are more concerned about with online workers is that they are not on overstay, but do leave when required and go to pay for a fresh visa to re-enter.

And as we should all know, there is no limit to how many times you can enter Thailand as a tourist, so long as you leave when the visa is up. You can stay here for years just leaving and getting a new tourist visa then coming right back.

And on that list dated 6th March 2015, maybe its my eyes, but dont see working on line as being mentioned as not needing a WP, they have stated catagorically what types of "work" are excluded from needing a WP, ergo if its not on that list then a WP is required, further this list also shows the defintion of work has very little to do with Thai employers per se as people attending seminars / going to trade fairs/ training course etc are typically not employed by thai companies

[seancbk]

If you are here on a Tourist Visa then you have probably signed to some variation of this declaration on the Thai Visa Application Form:

Attention for Tourist and Transit Visa Applicants :

I hereby declare that the purpose of my visit to Thailand is for pleasure or transit only and that in no case shall I engage myself in any profession or occupation while in the country.

Up to you.

All these rules on 'working' in Thailand were written when there was no such thing as online work, and when the Thais didn't have a clue about working remotely.

They still think that all workers must be sat in an office, a factory or a field. They still can't get their head around someone being allowed to work from home or wherever, and simply come into the office to drop off the finished work.

It would be nice if they would completely overhaul their definitions, but they like to keep things vague as it makes it easier to change the definition of a law that way (this applies to many laws in Thailand).

It is not only Thailand which forbids "working" on tourist /visitor visas.

Does your country of origin permit work on such visas ?

Does your country make it illegal for tourists to check their work emails and respond to them whilst on holiday?

They cannot and neither does Thailand.

[JLCrab]

You sign and date a declaration on your tourist visa application as to your intentions whilst in Thailand. I'm a Yank but this is from the UK as most seem to be here:

Perjury Act 1911

1911 CHAPTER 6 1 and 2 Geo 5

5 False statutory declarations and other false statements without oath.

If any person knowingly and wilfully makes (otherwise than on oath) a statement false in a material particular, and the statement is made—

(a)in a statutory declaration; or ...

he shall be guilty of a misdemeanour and shall be liable on conviction thereof on indictment to imprisonment, . . . for any term not exceeding two years, or to a fine or to both such imprisonment and fine.

[elviajero]

Effective March 13, 2015, the following activities will no longer require the work permit previously mandated for even short-term business activities, known as the “urgent work permit”:

• Attending a conference or seminar

• Visiting businesses or engaging in discussions with customers

• Attending exhibitions and trade shows

• Attending lectures, educational forums, training programs and seminars as an audience participant

• Attending board of directors meetings in his/her own company

Providing training, speaking at a conference and representing a company at a trade show, however, will still require an urgent work permit.

Source - http://msiimmigration.com/news/thailand-business-activities-longer-require-work-permit/

Given that they significantly relaxed rules for people coming to Thailand to do work type tasks (see list above) and given the statement by Sunbelt, I am of the opinion that their definition of 'work' although vague is only based on being employed and paid by someone in Thailand. Working online and being paid exclusively by an overseas entity does not fall within what they consider work.

They've significantly relaxed nothing relevant to online working.

Lets assume the OP's company set up an office in Thailand and employed him (a foreigner) to work online. Do you think the Thai authorities would allow it without the right permissions. Not in a million years!

Just because the OP would probably work at home doesn't change anything. The office isn't important. He is by his own admission, and any possible definition of work, working. The location of his employer and amount of income is irrelevant. His location when carrying out the work is.

[seancbk]

From Sunbelt (the law firm), Bearing in mind this was posted in 2012....

"While Thai law does require anyone working in Thailand to have a work permit we have been told by the Labor Department that they generally do not require a work permit for those checking emails and doing some work from home remotely. However, if you are selling on Ebay and have boxes of goods in your home this would be looked at in a different light and we have been told that they would expect you to have a company and work permit for this kind of exporting."

Then there is this info from earlier this year....

Effective March 13, 2015, the following activities will no longer require the work permit previously mandated for even short-term business activities, known as the “urgent work permit”:

• Attending a conference or seminar

• Visiting businesses or engaging in discussions with customers

• Attending exhibitions and trade shows

• Attending lectures, educational forums, training programs and seminars as an audience participant

• Attending board of directors meetings in his/her own company

Providing training, speaking at a conference and representing a company at a trade show, however, will still require an urgent work permit.

Source - http://msiimmigration.com/news/thailand-business-activities-longer-require-work-permit/

Given that they significantly relaxed rules for people coming to Thailand to do work type tasks (see list above) and given the statement by Sunbelt, I am of the opinion that their definition of 'work' although vague is only based on being employed and paid by someone in Thailand. Working online and being paid exclusively by an overseas entity does not fall within what they consider work.

I know plenty of people who's 'work' is only reading and replying to emails.... they are paid for their knowledge (consultants basically). If they can be based here working then what is the difference between them and someone doing web design, or managing remote servers for overseas clients, etc

Update from KPMG - The Thai Department of Employment issued an announcement on March 6, 2015, declaring the types of work-related activities that are not classified as “work” under Thailand’s Alien Working Act B.E. 2551 (2008).

https://home.kpmg.com/xx/en/home/insights/2015/03/flash-alert-2015-050.html

Still doesn't cover online, but I still think their definition of work is based on employment by someone or a Thai company in Thailand, and payment from that source in Thailand.

What they are more concerned about with online workers is that they are not on overstay, but do leave when required and go to pay for a fresh visa to re-enter.

And as we should all know, there is no limit to how many times you can enter Thailand as a tourist, so long as you leave when the visa is up. You can stay here for years just leaving and getting a new tourist visa then coming right back.

And on that list dated 6th March 2015, maybe its my eyes, but dont see working on line as being mentioned as not needing a WP, they have stated catagorically what types of "work" are excluded from needing a WP, ergo if its not on that list then a WP is required, further this list also shows the defintion of work has very little to do with Thai employers per se as people attending seminars / going to trade fairs/ training course etc are typically not employed by thai companies

That is why they changed the rules, because people attending trade shows or coming here to attend a meeting etc are NOT employed by a Thai company therefore the work they are doing whilst here no longer requires a WP.

That is the whole point - unless you are employed by a Thai company and paid by them in Thailand you don't need a WP.

If you are 100% employed outside of Thailand and paid 100% outside of Thailand, you are not working here, even if living here.

Because again how can they stop you answering work emails and replying whilst on holiday? They can't.

[JLCrab]

You keep talking about Labor Ministry and Work permit issues. All I have ever addressed is the very plain -- at least plain to me --language on the Thai Visa Application form where you make a declaration or confirm as to your intentions in Thailand. Signed and dated.

If you stay long term in Thailand and someone wants to make a case that you are not in Thailand as a Tourist and have misrepresented your intentions on your Visa application, then they very well might have a good case as the gent also talks about clients ex-Thailand and where his remittances are deposited and then says that he is not working while in Thailand.

Edited September 9, 2015 by JLCrab

[seancbk]

Effective March 13, 2015, the following activities will no longer require the work permit previously mandated for even short-term business activities, known as the “urgent work permit”:

• Attending a conference or seminar

• Visiting businesses or engaging in discussions with customers

• Attending exhibitions and trade shows

• Attending lectures, educational forums, training programs and seminars as an audience participant

• Attending board of directors meetings in his/her own company

Providing training, speaking at a conference and representing a company at a trade show, however, will still require an urgent work permit.

Source - http://msiimmigration.com/news/thailand-business-activities-longer-require-work-permit/

Given that they significantly relaxed rules for people coming to Thailand to do work type tasks (see list above) and given the statement by Sunbelt, I am of the opinion that their definition of 'work' although vague is only based on being employed and paid by someone in Thailand. Working online and being paid exclusively by an overseas entity does not fall within what they consider work.

They've significantly relaxed nothing relevant to online working.

Lets assume the OP's company set up an office in Thailand and employed him (a foreigner) to work online. Do you think the Thai authorities would allow it without the right permissions. Not in a million years!

Just because the OP would probably work at home doesn't change anything. The office isn't important. He is by his own admission, and any possible definition of work, working. The location of his employer and amount of income is irrelevant. His location when carrying out the work is.

Who said anything about setting up an office?

We are talking about people who's income comes from checking emails, replying and maybe making some changes to a website hosted overseas. All things you can be reasonably expected to do whilst on holiday (in any country). So at what point does doing those things become illegal in your mind? More than 5 mins a day? More than 10.... an hour perhaps???

You are allowed to be 'On holiday' in Thailand for as long as you want, so long as you have the requisite tourist visas paid for, for each visit. You can do as many back to back tourist visits as you want in a year.

[Time Traveller]

and if you are managing your investments, trading etc from an overseas broker and overseas account..would be considered working in Thailand?

investing is not working. Unless you are investing for a company's account, and then it appears you are working for the company.

[elviajero]

That is the whole point - unless you are employed by a Thai company and paid by them in Thailand you don't need a WP.

If you are 100% employed outside of Thailand and paid 100% outside of Thailand, you are not working here, even if living here.

Because again how can they stop you answering work emails and replying whilst on holiday? They can't.

Being paid is irrelevant. You could work for free while in Thailand but you still need the right visa and a work permit.

The OP is not someone on "holiday". He is talking about being resident here and working. Big difference.

[JLCrab]

You never know when something you've signed and dated let alone having provided your full passport details may come back to haunt you.

[rwdrwdrwd]

Edit.. can't be bothered.

Edited September 9, 2015 by rwdrwdrwd

[seancbk]

That is the whole point - unless you are employed by a Thai company and paid by them in Thailand you don't need a WP.

If you are 100% employed outside of Thailand and paid 100% outside of Thailand, you are not working here, even if living here.

Because again how can they stop you answering work emails and replying whilst on holiday? They can't.

Being paid is irrelevant. You could work for free while in Thailand but you still need the right visa and a work permit.

The OP is not someone on "holiday". He is talking about being resident here and working. Big difference.

What about someone on holiday for 6 years?

Nothing that says you can't be on holiday here for as long as you like, just leave when your tourist visa is used up, go and pay for another one and come right back.

And during those 6 years (or longer) whilst here on holiday, keep replying to emails and getting paid in your home country for doing so.

[rwdrwdrwd]

That is the whole point - unless you are employed by a Thai company and paid by them in Thailand you don't need a WP.

If you are 100% employed outside of Thailand and paid 100% outside of Thailand, you are not working here, even if living here.

Because again how can they stop you answering work emails and replying whilst on holiday? They can't.

Being paid is irrelevant. You could work for free while in Thailand but you still need the right visa and a work permit.

The OP is not someone on "holiday". He is talking about being resident here and working. Big difference.

Can you point to the legislation that treats somebody on "holiday" and somebody "resident here" differently? And the bit where the distinction is made between "replying to emails" and "updating a blog"?

Too many amateur judges on here - given the extreme lack of clarity in the Thai legal definition of 'work', nobody except a judge (a real one) can make a judgement call regarding the interpretation of it and determine what is 'working' and what is 'not working'.

Anybody else who claims with zero authority to interpret the law that is is 'illegal' or indeed 'legal' is just guessing.

Edited September 9, 2015 by rwdrwdrwd

[TIMMMMM]

For those who promote SG and HK banking as tax havens make sure you understand OECD common reporting standards (CRS) where 91 countries including SG and HK already agreed on automatic exchange of information.

In other words, all banking transactions in SG and HK are ALREADY available to tax authorities in US, Japan, Germany, UK, Canada, etc. Don’t be fooled by the statement that it will be implemented from January 1, 2017. It is being implemented now. CITIBANK SINGAPORE is at the forefront of this information exchange. People run away from this bank. Stay away from it too. They are so desperate for new clients that a few months ago they came to BKK to open bank accounts for expats.

I don’t know much about DBS bank at the moment. It wasn’t easy for Thailand residents to open DBS bank account in the past. If it’s easy now, this means that people are leaving this bank in droves. I wish I new where..

Sooner or later all SG banks have to report all account transactions to tax authorities in both country of residence and country of citizenship. The penalties for non-reporting will be severe.

It’s getting harder and harder to legally minimize tax burden when you run your own business. Bankrupt “1^st world” governments are working hard to come up with new schemes to fx^& their own citizens.

Now the good news: Thailand and Thai banks are not part of OECD automatic information exchange.

[rwdrwdrwd]

Happy for them to delve through mine, my income is not subject to tax in my home country since I'm not resident there, it's not sourced there, and it's not remitted there.

Have fun HMRC.

Edited September 9, 2015 by rwdrwdrwd

[elviajero]

We are talking about people who's income comes from checking emails, replying and maybe making some changes to a website hosted overseas. All things you can be reasonably expected to do whilst on holiday (in any country). So at what point does doing those things become illegal in your mind? More than 5 mins a day? More than 10.... an hour perhaps???

You are allowed to be 'On holiday' in Thailand for as long as you want, so long as you have the requisite tourist visas paid for, for each visit. You can do as many back to back tourist visits as you want in a year.

Again. Income is irrelevant. Read the Alien Working Act.

Again. The OP is not on holiday/vacation he's living here. You can argue semantics all you like over the definition of holiday, but try convincing the Labour Department investigator when he comes knocking that although you've lived here for 2 years in your rented condo that you are just on holiday.

Your whole argument rests with the fact that the company one is working for, or the income generated, is based abroad making the person resident in Thailand exempt from the law. That is utter nonsense. If it were true it would mean that foreign companies could send their employees here and work without regard for the law which we know isn't true. Oh and lie about the fact that their employees are on holiday.

It doesn't matter if a company is involved, or if someone is self employed, or how much they earn, or how long the person works each day. It's the activity of work that is illegal and without a work permit everything else is irrelevant.

I'm not the one you have to convince. I've dealt with the Labour Department for years and discussed online working with them at length. Try doing the same.

I dont understand why online workers think they are exempt just because their work can be done anywhere with an internet connection. Just because you can work anywhere doesn't mean you can work anywhere. The country you are resident in have a big say.

[rwdrwdrwd]

I don't understand why people try to convince other people that their random, irrelevant and arbitrary layman interpretation of the law is actually the law.

What on earth does being on 'hoilday/vacation' have to do with anything - where is the law that even treats someone differently if they are on 'holiday/vacation'?

Edited September 9, 2015 by rwdrwdrwd

[elviajero]

That is the whole point - unless you are employed by a Thai company and paid by them in Thailand you don't need a WP.

If you are 100% employed outside of Thailand and paid 100% outside of Thailand, you are not working here, even if living here.

Because again how can they stop you answering work emails and replying whilst on holiday? They can't.

Being paid is irrelevant. You could work for free while in Thailand but you still need the right visa and a work permit.

The OP is not someone on "holiday". He is talking about being resident here and working. Big difference.

Can you point to the legislation that treats somebody on "holiday" and somebody "resident here" differently? And the bit where the distinction is made between "replying to emails" and "updating a blog"?

Too many amateur judges on here - given the extreme lack of clarity in the Thai legal definition of 'work', nobody except a judge (a real one) can make a judgement call regarding the interpretation of it and determine what is 'working' and what is 'not working'.

Anybody else who claims with zero authority to interpret the law that is is 'illegal' or indeed 'legal' is just guessing.

I told the OP to talk to the Labour Department because they are the only authority that counts. And I'm not guessing but passing on information I've been told by the Labour Department.

A judge isn't required to throw someone out for illegal working. And as I've said to you before, if a court was involved there is no way they would come down in favour of the foreigner as the precedent would be to far reaching.

[gerry123]

No worries. Only an issue if you blab and someone has a bee in their bonnet.

well as you have already blabbed that's one taken care of , and i only think the next one about someone having bees in bonnets

mmmmm say no more but T.V.comes to mind

[elviajero]

I don't understand why people try to convince other people that their random, irrelevant and arbitrary layman interpretation of the law is actually the law.

What on earth does being on 'hoilday/vacation' have to do with anything - where is the law that even treats someone differently if they are on 'holiday/vacation'?

seancbk introduced claiming to be on perpetual holiday was a way to circumvent the law.

[rwdrwdrwd]

That is the whole point - unless you are employed by a Thai company and paid by them in Thailand you don't need a WP.

If you are 100% employed outside of Thailand and paid 100% outside of Thailand, you are not working here, even if living here.

Because again how can they stop you answering work emails and replying whilst on holiday? They can't.

Being paid is irrelevant. You could work for free while in Thailand but you still need the right visa and a work permit.

The OP is not someone on "holiday". He is talking about being resident here and working. Big difference.

Can you point to the legislation that treats somebody on "holiday" and somebody "resident here" differently? And the bit where the distinction is made between "replying to emails" and "updating a blog"?

Too many amateur judges on here - given the extreme lack of clarity in the Thai legal definition of 'work', nobody except a judge (a real one) can make a judgement call regarding the interpretation of it and determine what is 'working' and what is 'not working'.

Anybody else who claims with zero authority to interpret the law that is is 'illegal' or indeed 'legal' is just guessing.

I told the OP to talk to the Labour Department because they are the only authority that counts. And I'm not guessing but passing on information I've been told by the Labour Department.

A judge isn't required to throw someone out for illegal working. And as I've said to you before, if a court was involved there is no way they would come down in favour of the foreigner as the precedent would be to far reaching.

Many other people claim to have spoken to the Labour department and received conflicting advice to you - both versions of advice should be taken with a pinch of salt.

Pretty sure anybody arrested can deny charges and opt to go up in front of a judge, so in the case that the suspect wishes to contest the charges, a judge is required.

Your assumption regarding the decision a court would make is entirely opinion based. Still no precedents, I believe (not that they would necessarily impact future decisions anyway)

Edited September 9, 2015 by rwdrwdrwd

[fireplay]

What about non immb visa holders....with no work permit? Fair play?

[rwdrwdrwd]

I don't understand why people try to convince other people that their random, irrelevant and arbitrary layman interpretation of the law is actually the law.

What on earth does being on 'hoilday/vacation' have to do with anything - where is the law that even treats someone differently if they are on 'holiday/vacation'?

seancbk introduced claiming to be on perpetual holiday was a way to circumvent the law.

Right, so think we're in agreement that there is no legal distinction between whether or not an activity is 'work' regardless of the length of stay and visa status of the individual in question.

Thai law simply says 'working is working' so therefore what is 'work' for someone who stays in Thailand for 5 years must logically also be 'work' for someone who stays for 5 days,

1 - If someone stays in Thailand for 5 days and spends 10 minutes a day dealing with business related emails, are they working?

2 - If someone stays in Thailand for 5 years and spends 8 hours a day dealing with business related emails, are they working?

3 - If the answers to 1 and 2 differ, why is that and upon what legal basis?

Edited September 9, 2015 by rwdrwdrwd

[NOC]

From Sunbelt (the law firm), Bearing in mind this was posted in 2012....

"While Thai law does require anyone working in Thailand to have a work permit we have been told by the Labor Department that they generally do not require a work permit for those checking emails and doing some work from home remotely. However, if you are selling on Ebay and have boxes of goods in your home this would be looked at in a different light and we have been told that they would expect you to have a company and work permit for this kind of exporting."

Then there is this info from earlier this year....

Effective March 13, 2015, the following activities will no longer require the work permit previously mandated for even short-term business activities, known as the “urgent work permit”:

• Attending a conference or seminar

• Visiting businesses or engaging in discussions with customers

• Attending exhibitions and trade shows

• Attending lectures, educational forums, training programs and seminars as an audience participant

• Attending board of directors meetings in his/her own company

Providing training, speaking at a conference and representing a company at a trade show, however, will still require an urgent work permit.

Source - http://msiimmigration.com/news/thailand-business-activities-longer-require-work-permit/

Given that they significantly relaxed rules for people coming to Thailand to do work type tasks (see list above) and given the statement by Sunbelt, I am of the opinion that their definition of 'work' although vague is only based on being employed and paid by someone in Thailand. Working online and being paid exclusively by an overseas entity does not fall within what they consider work.

I know plenty of people who's 'work' is only reading and replying to emails.... they are paid for their knowledge (consultants basically). If they can be based here working then what is the difference between them and someone doing web design, or managing remote servers for overseas clients, etc

Update from KPMG - The Thai Department of Employment issued an announcement on March 6, 2015, declaring the types of work-related activities that are not classified as “work” under Thailand’s Alien Working Act B.E. 2551 (2008).

https://home.kpmg.com/xx/en/home/insights/2015/03/flash-alert-2015-050.html

Still doesn't cover online, but I still think their definition of work is based on employment by someone or a Thai company in Thailand, and payment from that source in Thailand.

What they are more concerned about with online workers is that they are not on overstay, but do leave when required and go to pay for a fresh visa to re-enter.

And as we should all know, there is no limit to how many times you can enter Thailand as a tourist, so long as you leave when the visa is up. You can stay here for years just leaving and getting a new tourist visa then coming right back.

They're legal 'advisers'.

Don't take a knife to a gun fight....

[oncearugge]

The are dozens of boring threads like this one to be found on TV.

They all deteriorate into rather silly circular arguments.

Those who wish to ignore the law must accept the risks inherent in doing so.

If, on the other hand, if someone wishes to live and work in Thailand legally, they should secure an appropriate visa and work permit.

[fireplay]

I have never seen a discussion about non immb visa holders without a work permit who work online for a foreign company.

[elviajero]

I told the OP to talk to the Labour Department because they are the only authority that counts. And I'm not guessing but passing on information I've been told by the Labour Department.

A judge isn't required to throw someone out for illegal working. And as I've said to you before, if a court was involved there is no way they would come down in favour of the foreigner as the precedent would be to far reaching.

Many other people claim to have spoken to the Labour department and received conflicting advice to you - both versions of advice should be taken with a pinch of salt.

Pretty sure anybody arrested can deny charges and opt to go up in front of a judge, so in the case that the suspect wishes to contest the charges, a judge is required.

Your assumption regarding the decision a court would make is entirely opinion based. Still no precedents, I believe (not that they would necessarily impact future decisions anyway)

As the Labour Department would be the ones prosecuting I don't think taking their advice with a "pinch of salt" is good advice.

Agreed, if contested. If you were the OP and living in Thailand and working online for this foreign company would you honestly want to contest and face prison time?

Isn't a forum about opinion. Or does only your opinion count?

[silent]

In terms of legality / WP requirement, nobody can say for sure. Thai legislation prohibits 'work' but the definition of 'work' is entirely open to interpretation. There are no prior examples of people being prosecuted when operating in the manner you describe, but that does not mean it is legal.

In terms of tax, if you get paid direct to a Thai bank account and spent > 180 days in Thailand in that tax year, you will be liable to income tax in Thailand on all income. If you get paid into an account in your home country you will likely be subject to income tax there, regardless of whether you spend a day in the country.

With this in mind, Fab5BKK's advice is good - best to open an offshore personal account in Singapore and either get paid there directly, or start a BVI company with HK banking and then pay yourself dividends to the personal Singapore account. This would be 100% tax free, and so long as you can keep income there until Jan 1st, you can then bring any amount to Thailand without it being subject to Thai income tax.

@fireplay - Citibank IPB is good imo - not sure on the 100k US, have heard the same but others will know intricacies better than me.

Thought for the day: How many things are maybe illegal but nobody really cares, unless or until you put someone in the position that they have to do something? How many toothless laws can you think of and what makes something illegal if you don't get caught......Illegal, not immoral. That's a different story.