Apec Card Vs Work Visa

[k1w1]

If I have an APEC card am I allowed to work as a consultant and be paid by a Thai company into a Thai bank account?

[samran]

If I have an APEC card am I allowed to work as a consultant and be paid by a Thai company into a Thai bank account?

Nope. The APEC card allows you to do business in Thailand, but working here for a salary. Then no.

You'd need to set yourself up as a company, organise a work permit, as well as Tax ID's so you can pay the revenue Department its share of your booty.

Talk to our sponsor Sunbelt who will be able to point you in the right direction.

[midas]

I also hold an APEC card and I agree fully with samran's comments

in that one of the conditions of applying for the card

is that you understand working here is strictly prohibited.

One other thing you should consider if you wish to work is that

before you apply for a work permit how will the Thai immigration

authorities view an application for what would essentially be

a second visa ? The ' pre-clearance ' you have already received

from Thailand is essentially a three-year visa - read the

web site and you will see the full explanation.

So I'm curious if immigration would be willing / prepared

to give you what is tantamount to 2 Visas simultaneously ?

[k1w1]

Thanks Samran.

What if I work as a consultant and bill from my registered company in my home country? Does that work with an APEC card?

[samran]

Thanks Samran.

What if I work as a consultant and bill from my registered company in my home country? Does that work with an APEC card?

With these things, there are always grey areas.

Within the context of you being in Thailand to conduct meetings, interviews and general research, then yes. But if you are basically here full time and simply being paid into your OS bank account cause you don't have the paperwork here, then you will be breaking the law.

The other thing to remember is that (for instance) if you are an Australian, and you are outside the country for more than 183 days per year, subject to a few other criteria, you will be classed as a non-resident for tax purposes, dis-allowing you access to tax free thresholds for income earned in Australia, and sending you straight to the 23% (or whatever it is) tax level on the first dollar you spend.

[midas]

samran are you able to advise on the question I raised -

i.e. " The ' pre-clearance ' you have already received

from Thailand is essentially a three-year visa - read the

web site and you will see the full explanation.

So I'm curious if immigration would be willing / prepared

to give you what is tantamount to 2 Visas simultaneously ?"

I have often thought about this question - or would immigration

not worry about the APEC card if you subsequently established

your own company and applied for a work permit ?

[samran]

samran are you able to advise on the question I raised -

i.e. " The ' pre-clearance ' you have already received

from Thailand is essentially a three-year visa - read the

web site and you will see the full explanation.

So I'm curious if immigration would be willing / prepared

to give you what is tantamount to 2 Visas simultaneously ?"

I have often thought about this question - or would immigration

not worry about the APEC card if you subsequently established

your own company and applied for a work permit ?

I have a Thai PP, I don't have an APEC travel pass.

Having said that, the APEC business card is for all of the Asia Pacific. As such, it wouldn't be unusual to have holders living and working in Thailand (legally) while also having access to the card. The main warning with the card is that you can't work here on it. That, you would assume, requires you entering on the proper visa, which you must aquire first.

You then just make clear to immigration upon entry that you need to enter on your non-immi B which is linked to the life of your work permit, and you will then be subject to the terms and conditions of that visa, rather than the APEC travel pass.

[k1w1]

Interesting,

I have come across companies that were unwilling to pay an OS invoice citing an increase in tax that they would have to pay in Thailand. Was it just a ruse or do they have a valid point?

How would that affect a consultant with an APEC card invoicing into Thailand?

Cheers.

[samran]

Interesting,

I have come across companies that were unwilling to pay an OS invoice citing an increase in tax that they would have to pay in Thailand. Was it just a ruse or do they have a valid point?

How would that affect a consultant with an APEC card invoicing into Thailand?

Cheers.

No idea!

For that, you'd be best to ask our sponsor, Sunbelt, who definetly knows his stuff!

[k1w1]

Ok, I appreciate your comments so far.

Another point that is relevant to this topic is the actual rate for withholding tax on overseas remiitance.

Some post in the forum refer to 15% but the official rate on this page says 5%

http://www.thaivisa.com/corporate_income_tax.0.html

Can someone confirm the correct rate please?

Edited October 17, 2006 by k1w1