Do you need a WP to work as a YouTuber in Thailand ?

[thairookie]

Does it depend on whether you have enough subscribers to be paid by Google ?

[ubonjoe]

If a authority thinks you need a work permit then you will need to get one after creating a Thai company with 4 Thai employees to get it after you have a non-b visa.

[jackdd]

Depends on if it involves Thailand and if you might get paid.

If you have a registered business in another country for which you produce videos in your Condo teaching people about origami (or any other activity which you could do anywhere in this world) you would probably be seen as any other person who does remote work. From past reports it looks like Thai authorities don't consider such people as working in Thailand.

If on the other hand you make a vlog about your life in Thailand, it gets more complicated. If you earn money with it it's clearly working in Thailand which requires a work permit, you could not produce the same videos somewhere else. If you don't earn money with and don't intend to earn money with it, it would be a hobby, but an authority might see it different and it could still get you in trouble.

There are no clear rules regarding this, in the end it will always depend on the details and who is involved.

 

Edited July 16, 2020 by jackdd

[tribalfusion001]

Quite a few people doing this at present who are on amnesty and some others who were doing it before amnesty but on other visas. It's very grey area that has never been addressed.

[sanaell2008]

if you get paid and money go in a thai bank you will need to declare taxes
you cannot have a "paid" activity on a tourist visa btw

thai law is very tricky and so complex

 

let say Youtuber is a grey activity

If you want I could ask Google Thailand about this (they may know something)
PM me
 

[impulse]

The OP's asking the wrong question, leaving out the more important questions, and not providing enough information to get pertinent answers.

 

If he/she intends to live in Thailand on money made by being a Youtuber, a WP is required.  (There's some question whether a genuine tourist can legally post up Youtubes for money while on holiday in Thailand, but let's face it- after 6 months or so, is it really a holiday?  The Thai tax department doesn't seem to think so, but that's a different entity that doesn't seem to communicate with immigration or employment departments.)

 

The real questions are the odds of getting caught out, how to reduce the odds of getting caught out, how to maintain a legal visa/permission to stay status, and (lastly) the consequences if he does get caught out.

 

It would also be helpful to know the OP's current visa status, and plan for the future.  Because there really isn't a definitive answer.  It all depends...

 

Personally, I'd say go for it if that's what he needs to do to fund his Thailand adventure.  The worst that can happen (under recent laws that eliminated incarceration for WP violations) is that he gets kicked out of Thailand.  And the odds of that happening are small.  In which case, he'd still be no worse off than if he gave up without even trying it.

[asiaexpat]

There are hundreds of YouTube channels providing Thailand content and have been for many years and most earn some money. None of these YouTubers seems to have any problem with Immigration, Labor Dept. or Revenue Dept. That does not preclude problems if someone complains to the police, but highly unlikely.

[thairookie]

12 hours ago, impulse said:

The OP's asking the wrong question, leaving out the more important questions, and not providing enough information to get pertinent answers.

 

If he/she intends to live in Thailand on money made by being a Youtuber, a WP is required.  (There's some question whether a genuine tourist can legally post up Youtubes for money while on holiday in Thailand, but let's face it- after 6 months or so, is it really a holiday?  The Thai tax department doesn't seem to think so, but that's a different entity that doesn't seem to communicate with immigration or employment departments.)

 

The real questions are the odds of getting caught out, how to reduce the odds of getting caught out, how to maintain a legal visa/permission to stay status, and (lastly) the consequences if he does get caught out.

 

It would also be helpful to know the OP's current visa status, and plan for the future.  Because there really isn't a definitive answer.  It all depends...

 

Personally, I'd say go for it if that's what he needs to do to fund his Thailand adventure.  The worst that can happen (under recent laws that eliminated incarceration for WP violations) is that he gets kicked out of Thailand.  And the odds of that happening are small.  In which case, he'd still be no worse off than if he gave up without even trying it.

I'm referring to foreigners with a retirement visa, making YouTube videos on everything about Thailand.

[JeffersLos]

If it involves filming content in Thailand, or using Thai materials (cooking ingredients, you're doing Thai language etc), or using Thais in the videos, yes.

 

If it's all done inside your condo and is completely unrelated to Thais and Thailand, then no.

 

I've already dealt with the department of labor about this (not YouTube, remote online work that doesn't involve Thailand or Thais in anyway)

[pi2005ni]

Yes officially you do need a work permit , many seem to do it and get away with it . However it only takes one complaint to make things very difficult.

[LivinLOS]

If you monetize the content on a blog or vlog, and actively maintain it (upload comment etc) while in the country yes. 

 

If you have monetized content posted prior to entering the kingdom, and do nothing to it while in the kingdom, only collect the revenue then no (its residuals then not work). 

 

This is concerning work permits and totally separate from the issues of taxation. Which again depend on the above 2 criteria and the second category (residual) on if you bring the income into the kingdom in the year it is earned. This means someone could be a youtuber, come here and live purely off the residual, bring the money into the kingdom in the year it is earned and owe tax, without needing the work permit. 

So yes all crazy but unless your coming to someones attention 99.9 dont bother. My Mate Nate etc and some Thai specific ones became too high profile and had to. 

See clearly explained examples https://thethaiger.com/issues-answers/asked/is-uploading-videos-to-youtube-considered-work

[LivinLOS]

2 hours ago, JeffersLos said:

If it involves filming content in Thailand, or using Thai materials (cooking ingredients, you're doing Thai language etc), or using Thais in the videos, yes.

 

If it's all done inside your condo and is completely unrelated to Thais and Thailand, then no.

 

I've already dealt with the department of labor about this (not YouTube, remote online work that doesn't involve Thailand or Thais in anyway)

Did they put anything in writing as thats contrary to everything that they have officially commented on. 

[recom273]

When you look at some youtubers videos, they are talking about their lives, which is fair enough .. be it aquaponics or growing morning glory, thats fine, some extend to visas and cost of living here, they are doing it from their own homes or rooms. Then you see some going out as travel reporters, you entering the domain of "citizen journalism" where you are on thin ice, surely, this "may" need a WP and some kind of press credentials, after approval from the necessary authorities.

 

We can say, thats never going to happen, but, I know someone who was warned at CNX airport, arriving from a tourist visa run, immigration told him "we know who you are, we saw you on youtube" - Then there was the vegan cyclist who was collard by the police after netizens complained about his behaviour damaging Thailands reputation. 

Edited July 17, 2020 by recom273

[LivinLOS]

6 hours ago, asiaexpat said:

There are hundreds of YouTube channels providing Thailand content and have been for many years and most earn some money. None of these YouTubers seems to have any problem with Immigration, Labor Dept. or Revenue Dept. 

 

[itsallmine68]

go to "20 seconds in Thailand on YouTube or look up Mark Weins on Facebook in Bangkok Thses are 2 Americans living in Thailand who use YouTube and Facebook Ask them

[EbhB]

3 hours ago, JeffersLos said:

I've already dealt with the department of labor about this (not YouTube, remote online work that doesn't involve Thailand or Thais in anyway)

Is that something that you can share some details on? If necessary by PM?

 

Seriously considering going back to that route myself, after starting up a company last autumn...

[Seeall]

19 hours ago, jackdd said:

Depends on if it involves Thailand and if you might get paid.

If you have a registered business in another country for which you produce videos in your Condo teaching people about origami (or any other activity which you could do anywhere in this world) you would probably be seen as any other person who does remote work. From past reports it looks like Thai authorities don't consider such people as working in Thailand.

If on the other hand you make a vlog about your life in Thailand, it gets more complicated. If you earn money with it it's clearly working in Thailand which requires a work permit, you could not produce the same videos somewhere else. If you don't earn money with and don't intend to earn money with it, it would be a hobby, but an authority might see it different and it could still get you in trouble.

There are no clear rules regarding this, in the end it will always depend on the details and who is involved.

 

Now you might need a WP ...

[MMan]

Since you are a foreigner on a Retirement Visa you are NOT allowed to work in Thailand and are not eligible for a Work Permit.  To get a Work Permit you would first need a Work Visa that needs to be applied for by a legally registered Thai company that wants to hire you.

[JeffersLos]

3 hours ago, EbhB said:

Is that something that you can share some details on? If necessary by PM?

 

Seriously considering going back to that route myself, after starting up a company last autumn...

We went to the department of labor, throughout about half a day (mostly waiting around) we were sent up various levels.

 

We were told to set up a Tax number for paying annual income tax, and that remote online work for a non-Thai company that doesn't involve Thais or Thailand doesn't fall under the Thai labor laws, so no need for a work-permit. So then to the tax office to register, and pay annual income tax through them.

 

[JeffersLos]

2 hours ago, MMan said:

To get a Work Permit you would first need a Work Visa that needs to be applied for by a legally registered Thai company that wants to hire you.

That's not true at all. 

 

Work-permits are available on many types of visa, not only those for work (Non-B).

[JeffersLos]

4 hours ago, LivinLOS said:

Did they put anything in writing

Hi, yes, the wife got their names and numbers and info etc. 

[drbeach]

On 7/17/2020 at 7:41 PM, JeffersLos said:

We went to the department of labor, throughout about half a day (mostly waiting around) we were sent up various levels.

 

We were told to set up a Tax number for paying annual income tax, and that remote online work for a non-Thai company that doesn't involve Thais or Thailand doesn't fall under the Thai labor laws, so no need for a work-permit. So then to the tax office to register, and pay annual income tax through them.

 

why would you pay tax if you're not working in Thailand? Doesn't make any sense to me.

[JeffersLos]

3 hours ago, drbeach said:

why would you pay tax if you're not working in Thailand? Doesn't make any sense to me.

Many people do. ????

 

Those with pensions (it can be deducted from tax in their home country, so they can save money by doing so), those with rental properties in Thailand, those with Thai stocks, etc etc. ????

[OneMoreFarang]

Do you plan to YouTube about Thailand?

If no then don't worry.

If yes then there will be some people who won't like what you do. And then there will be some authorities who will support those people who don't like you. Is it legal? It doesn't really matter if the wrong people don't like you.

[DaftToPutRealName]

On 7/16/2020 at 10:55 PM, ubonjoe said:

If a authority thinks you need a work permit then you will need to get one after creating a Thai company with 4 Thai employees to get it after you have a non-b visa.

Side note: if you have a decent lawyer and a reasonable person processing your application, the lawyers can petition for you to get the work permit without 4 Thai staff to start, but you won't get the yearly "no border bounce" 1 year NON-B extension without them. 

Whether you get stuck with an initial 3 month NON-B or a 12 month will depend on the consulate/embassy. In normal times with a decent law firm you could, again, get great advice on which one to go to based on how their other clients have gone.

With a 3 month non-b and a work permit, as ubonjoe said, you won't have much room to move unless you get 4 employees, so it may be worth getting the visa right first.

Another way around this is to get a NON-B on the invitation of the contacts of said law firm, so your initial visa is unrelated to your Work Permit (remember they are separate things altogether). But it's likely the visa taken this way will have that company name (i.e: not your company name) on it and you won't be able to get an extension to a yearly NON-B under your company name, and it's more likely to get queried when getting your initial work permit - so you would need to repeat the process again (non-b application under your real company name outside of the country).

Depending on how hard/easy it is to find 4 employees (and don't forget the monthly accounting costs etc.) this could buy you some breathing room to get cashflow positive.
 

[Eibot]

Officially and strictly speaking, yes.

 

Is this enforced? No, not at all.

 

I run a business on a Non-O online and pay tax without a WP. 

[LivinLOS]

On 7/17/2020 at 2:07 PM, JeffersLos said:

Hi, yes, the wife got their names and numbers and info etc. 

Someones name who candeny they said it is not putting that statement in writing. 

It has repeatedly been clarified, in writing, in media, by senior folks. That what you have been told is not correct. 

[LivinLOS]

On 7/19/2020 at 6:49 AM, drbeach said:

why would you pay tax if you're not working in Thailand? Doesn't make any sense to me.

Google 'Physical presence test' it is where you are physically located at the time of work performed. 

 

 

[LivinLOS]

On 7/19/2020 at 10:40 AM, DaftToPutRealName said:

Side note: if you have a decent lawyer and a reasonable person processing your application, the lawyers can petition for you to get the work permit without 4 Thai staff to start, but you won't get the yearly "no border bounce" 1 year NON-B extension without them. 

Whether you get stuck with an initial 3 month NON-B or a 12 month will depend on the consulate/embassy. In normal times with a decent law firm you could, again, get great advice on which one to go to based on how their other clients have gone.

With a 3 month non-b and a work permit, as ubonjoe said, you won't have much room to move unless you get 4 employees, so it may be worth getting the visa right first.

Another way around this is to get a NON-B on the invitation of the contacts of said law firm, so your initial visa is unrelated to your Work Permit (remember they are separate things altogether). But it's likely the visa taken this way will have that company name (i.e: not your company name) on it and you won't be able to get an extension to a yearly NON-B under your company name, and it's more likely to get queried when getting your initial work permit - so you would need to repeat the process again (non-b application under your real company name outside of the country).

Depending on how hard/easy it is to find 4 employees (and don't forget the monthly accounting costs etc.) this could buy you some breathing room to get cashflow positive.
 

Thailand is really missing a trick by not offering a freelance media visa for bloggers and vloggers.. Make it high end... min wage 150k or up there.. Collect taxes 3 monthly or demand a deposit against tax return being lodged or many other ways they could do this via BOI. 

10s of 1000s of long stayers do some kind of work online, a significant number of them would trade a fair amount of money for full legality and a visa with extensions. It harms Thailand not one bit (in fact many easy to see benefits) and the fact is they will do it anyway even if they cant do it legally so its not really losing anything either. 

[JeffersLos]

7 hours ago, LivinLOS said:

It has repeatedly been clarified, in writing, in media, by senior folks.

Your links to the media that has these repeated official written clarifications by senior folk are missing. ????

 

Please post the links to all of these repeated clarifications.

 

TIA.