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With a Thai Elite visa can a person work legally as a digital Nomad ?


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@ Mr Toad

I was going to comment, but I can no longer be bothered.

If I were to comment, we both know what would happen..

First, you would reply. You would write something negative and/or sarcastic. Soutpeel would reply to your comment. And then Neverdie would come along. Ditto TonyTiger or ATF. The group of you would click generously on each other's like buttons.

Politely, don't you think that belonging to this little clique of less educated men devalues you? Don't you think it's rather obvious that the four (or possibly five) of you are in contact "behind the scenes" by PM? Do you think real businessmen behave the way you do?

I'm not telling you what to do, but I really feel you are devaluing yourself. The sight of adult men operating in "packs" to stalk their detractors is incredibly weak.

Rise above it, Mr Toad. Have a nice day!

You're doing the same thing, calling the "pack" less educated.

People are just telling you that there is no work permit for digital nomads.

It's a fact. You are arguing with people who have no power to change it that there would be.

You need to take your argument that you are so much more valuable to Thailand than everyone else, to the people in charge.

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Thailand isn't interested in busting these digital gypos or whatever they are called. Selling fake designer stuff on ebay. Thailand just wants them to cough up the cash for a non-imm visa which they all seem very reluctant to do.

You don't know any digital nomads do you?

I know plenty. None are selling fake designer gear on ebay. None are selling on ebay at all.

Plenty of guys doing affiliate marketing, translation, web design, coding...all legitimate skills and usually self taught too. No boss. No one paying them a wage or telling them what to do just one guy and a laptop living a life most people could only dream of.

I pay tax here as do a lot of legitmately employed people and get no benefit either in Thailand, so why should digital nomads be treated any differently ?

There's absolutely no reason for them to pay tax in Thailand as they get no benefits from Thailand.

No one in their right mind wants to pay income tax anywhere, but its a part of life

as I have suggested before, the simple most workable solution in this instance would be

forego the 4 employee route

set up a THB 1.0m or THB 2.0m Ltd liability company

seeing as the work is done over seas in most cases, 20-25% provisional tax/withholding tax

pay into the Thai SS security fund

pay for private medical insurance

annual fully independently audited books

costs of annual WP & visa or extension

= Non Imm B & WP

going this route would only require one change to immigration/business law ( 4 X employees)

any other "new" visa type requires changes to immigration/labour and business laws, which aint going to happen

Most digital nomads are paying tax in their home country.

Why would they pay it in Thailand seeing as they don't reside nor work in Thailand?

fake designer stuff on ebay, "professional" gambling on line, porn sites, these are some of the reason's why there will never be a "digital nomad" type visa/set up simply because it cant be controlled as what some one gets up to as regards running an on line "business"

Again you don't obviously know many digi nomads.

I'm sure there are some doing that but it's not the majority.

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There is nothing stopping a Thai national operating an on line business and I am sure there are quite a few that do, so yes one can operate an on line business from Thailand no problem, but the western on liners want to tie the two together run a business" and in the same breath they want a "special" long term "visa" to operate that business from Thailand, not pay income tax, not undertake any sort of investment in Thailand, by virtue of putting money into a venture or employing Thai nationals.

Most digital nomads are one man bands who like to move around when they feel like it. They don't want to move ALL the time as it's good to stay put for a while, get into a routine, and get some work done.

So it would be stupid of them to invest in Thailand, employ Thai nationals (who they don't need as their a one man band), or make any long term commitment to such an unstable place that changes it's rules on a whim and might chuck them out soon enough.

They do however spend money in Thailand whilst taking nothing out, so what's the problem?

If all these digital gypos are making so much money why can't they buy an elite card or at least fly biz class to do their visa runs?

Who said they were all making so much money?

Some are. Some are not.

Some don't want to waste money on a silly card that may or may not be revoked at any time or the rules changed leaving them out of pocket.

Neither do they want to spend money on business class for a visa run flight that will take a couple of hours max.

Most move to Thailand because they like the lifestyle and inexpensive cost of living so they can afford a higher standard of living than what they would have back home but it doesn't mean they want to throw their money around on crap.

Do you know what I find really sad about all of this?

Oil workers (I'm targeting these people because they're obviously smart and they have 6 months of free time on their hands) could easily take their month of free time and build a 6-figure B2B service business within 3-5 years, possibly even less.

Then they could work from a beach (or wherever in Thailand they live) and spend all the time in the world with their family, all while having no boss, making more than they're making now, and not having to work 12 hour shifts on a rig with sweaty other men.

But instead they just dismiss digital nomads as losers because if you search online for ways to make money you are fed MLM and filling in survey offers.

I'm sure other smart people could do it too, and you could fire your boss and wake up when you want.

I ask anyone with some intelligence to look into it a little more because they might like what they find. <deleted> you're just offering someone a solution to a problem and charging them for it. Who cares if it's offline, online, or on the moon?

Someone finally speaking sense.

Find a problem. Offer a solution. Marketing 101.

Smart people making their own way in the world, setting their own terms, not conforming to what society tells them they're supposed to do (you must get a career and progress up the ladder and a mortgage and other useful shit you don't need), location independent - to be admired.

Most are running legitimate businesses and not up to no good yet they're continually mocked on here by what I guess must be bitter old man annoyed that they've had to work 12hrs a day for 50-60 years of their life just to end up in a 25 sqm apartment in Thailand eating noodle soup 3 times a day because they can't afford to live at home anymore.

they are not mocked for what they do, they are mocked for what they dont do. obey the law. they come to a country to practice their business that does not want them to do so and then whine when they are told that they are doing something illegal.

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they are not mocked for what they do, they are mocked for what they dont do. obey the law. they come to a country to practice their business that does not want them to do so and then whine when they are told that they are doing something illegal.

I can't think of any instances where people have moaned about being told they're doing something illegal. Seem to me they KNOW what they're doing is illegal.

They moan because people are telling them that they should somehow be ASHAMED that what they're doing is illegal.

Big difference

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they are not mocked for what they do, they are mocked for what they dont do. obey the law. they come to a country to practice their business that does not want them to do so and then whine when they are told that they are doing something illegal.

I can't think of any instances where people have moaned about being told they're doing something illegal. Seem to me they KNOW what they're doing is illegal.

They moan because people are telling them that they should somehow be ASHAMED that what they're doing is illegal.

Big difference

I don't agree that many are saying to be ashamed of working illegally.

The OP was about the Thai elite Visa and work. It was plainly stated that one couldn't work legally on it without a work permit.

It was also stated that the only legal option was to start a business, employ Thais and get work permit. The other option is Thai elite visa and work Illegally under the radar.

The on-liners soundly rejected both, their only options as I see the back to back tourist visas and living here ending soon.

The on-liners then started moaning about why they should be allowed to work here and get permits. Maybe the rules will change and it happen. But right now, for someone not 50, doesn't want an ED visa, not married, there are two options, one legal, one not.

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  • 2 weeks later...

It's very simple really.

If your not obliged to pay tax here, your not working here.

same goes for any country.

If the company is some obscure online international company then yes you can work in thailand. because your payment and the whole thing is not based in Thai but in either some foreign country with little to no rules or non at all.

However if the company profile is in Thai then you do need a work permit if you work here, or you need to work for a branch that is out of country.

good luck

Nu

Edited by Maestro
Deleted irrelevant Thai text.
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I was reading about taxes and comparing countries laws visas income levels and hell the world is a big mess.

as a Digital Nomad the best that you can do is keep the taxes in your home country why?

first you know how to do it, second with any kind of visa except the work visa that still is inappropriate in many situations you can't simple tax in a country that you are not resident, I tried and is a big mess. Is the best thinking that all the social benefits, healthcare, retiree and etc are covered thanks to your taxes in your home country, is better since other countries have different rules and in case of emergency like a medical one you can always go back.

some crazy situations, if we pay taxes that include retiree or medical care, how we get that from 6 countries that we stay long time before?

is just not right.

if you are planing to move or use another country as your base could be good idea to move your business and your taxes and do the proper paperwork to get residence or citizenship (so much better) so where you want to died and in what conditions?

Franchise, legal representation or new companies maybe it's a bit complicated but now I am looking that is not so complex if you have advice from a local accountant and business layer that could be a literally workaround.

Notice this rule in Thailand

"Taxpayers are classified into “resident” and “non-resident”. “Resident” means any person residing in Thailand for a period or periods aggregating more than 180 days in any tax (calendar) year. A resident of Thailand is liable to pay tax on income from sources in Thailand as well as on the portion of income from foreign sources that is brought into Thailand. A non-resident is, however, subject to tax only on income from sources in Thailand."

so you can avoid after '180 days' brought your income into Thailand??

source:http://www.rd.go.th/publish/6045.0.html

some reading about just to give you some ideas in general of what other digital nomads do
http://flagtheory.com/digital-nomad/

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No. The issue with "digital nomads" is not needing a work visa. They obviously do not.

Maybe you want to tell the labor office that..

Is earning money through online advertising, website affiliate marketing or operating a business that has only an online presence whilst staying in Thailand considered working? Would that person be required to have a “business visa”?

Ting Tong Farang, Phuket Town Thursday, November 25, 2010 3:56:43 PM “Any foreigners working or starting a business in Thailand, online or off, need to first get a proper visa.

They can apply for a Non-Immigrant B visa at a Royal Thai Embassy in their home country.

Once they get it they can come to Thailand and apply for a work permit with the Department of Employment.

If we find out that a foreigner is doing business online without a work permit, we will arrest them and take legal action through the court.” Thursday, November 25, 2010 3:56:43 PM Pol Col Panuwat Ruamrak, Superintendent of Phuket Immigration

“Doing business online is considered a type of work, so foreigners are required to have a work permit to do so.

The first thing to do is get the proper business visa. Foreigners with any other type of visa generally cannot apply for a work permit.

An exception to that rule is made for foreigners legally married to Thai citizens.

For more information on the visas and documents required to apply for a work permit, we advise foreigners to contact us or the Department of Employment in the area they live.

We need detailed information from the foreigner before advising on further action.

Please call Phuket Department of Employment at 076-219660-1 ext 13 for further information.” Thursday, November 25, 2010 3:56:43 PM Somkiat Baiadul, an officer at the work permit division of the Phuket Department of Employment - See more at: http://legacy.phuketgazette.net/issuesanswers/details.asp?id=1175#sthash.T6bUs8VP.dpuf

Also 'pokerspiv' this is relevant.

Is it legal to gamble online from within Thailand?

Is it legal to gamble online from within Thailand?

Franz Zachbauer, by email Monday, October 18, 2010 1:31:50 PM “Most forms of gambling are illegal in Thailand, online gambling being one of them. Monday, October 18, 2010 1:31:50 PM Pol Lt Col Suchat Thong-in, an investigations officer with Phuket Provincial Police

- See more at: http://legacy.phuketgazette.net/issuesanswers/details.asp?id=1160#sthash.5V72HEcS.dpuf

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It's very simple really.

If your not obliged to pay tax here, your not working here.

same goes for any country.

If the company is some obscure online international company then yes you can work in thailand. because your payment and the whole thing is not based in Thai but in either some foreign country with little to no rules or non at all.

However if the company profile is in Thai then you do need a work permit if you work here, or you need to work for a branch that is out of country.

good luck

Nu

Total nonsense without any legal standing.

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There is another thread about immigration explaining the latest enforcement of the rules (in Chiangmai).

The officer states that "it is not illegal to work online for a company that pays abroad. But one still needs a long term visa"... That good for the digital nomads (with a Thailand Elite PE visa, or another type of visa).

Of course, another officer could say the contrary tomorrow...

Edited by gerry1011
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The concept of digital nomads has moved ahead of the visa and work permit rules of many countries, not just Thailand.

- Want to be a legal DN in Thailand? Not possible, unless you register a Thai company etc and get a WP

- Want to be a legal DN in Myanmar? Not possible, you need to have a Business visa that is sponsored by your Myanmar employer

- Want to be a DN in Lao PDR? Not possible, you need a WP from your Lao employer

- Want to be a DN in Cambodia? Perhaps, but the Khmer government is now insisting that foreigners have work permits....

So it's not just an issue with Thailand. To work legally as a DN, you will usually have to obtain a WP in the country where you are residing.

No WP available under the visa/labour rules of that country? Then that's life - you need to move on and find a country where you don't break the visa/WP regulations

Edited by simon43
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There is another thread about immigration explaining the latest enforcement of the rules (in Chiangmai).

The officer states that "it is not illegal to work online for a company that pays abroad. But one still needs a long term visa"... That good for the digital nomads (with a Thailand Elite PE visa, or another type of visa).

Of course, another officer could say the contrary tomorrow...

A TV poster was at that meeting and apparantly what has been written has been misquoted and taken out of context, the question asked and response given related to legitimate tourists who were on holiday in Thailand and the legality of checking their work email/and making skype calls to their companies they work for, it appears no mention of people living in Thailand full time and running on line business's from Thailand was made, also the remark stated was an "off the cuff" remark and did not infer official policy.

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It's very simple really.

If your not obliged to pay tax here, your not working here.

same goes for any country.

If the company is some obscure online international company then yes you can work in thailand. because your payment and the whole thing is not based in Thai but in either some foreign country with little to no rules or non at all.

However if the company profile is in Thai then you do need a work permit if you work here, or you need to work for a branch that is out of country.

good luck

Nu

Total nonsense without any legal standing.

of course it nonsense, it like the other circular logic/rationalisation put forward from time to time on TV, that as the DOL dont have a WP class for DM and will not give someone WP unless its attached to a Thai company, then they must not need one and by extension its legal to work in Thailand without a WP

of course you can also point out to "pnu" that where someone is paid, how someone is paid or even if someone has paid, has absolutely no bearing on the defintion of work under the current laws in Thailand, if it did, how would a volunteer, who receives no payment get a WP ?

"If your not obliged to pay tax here, your not working here.

same goes for any country"

One suspects "pnu" should talk to US citizens about this statement, and I stand to be corrected once they cross the income threshold for oversea's allowances, even if working in Thailand, they need to submit a US tax return, and may even have to pay tax in the US even though they are not working in the US...wink.png

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It's very simple really.

If your not obliged to pay tax here, your not working here.

same goes for any country.

If the company is some obscure online international company then yes you can work in thailand. because your payment and the whole thing is not based in Thai but in either some foreign country with little to no rules or non at all.

However if the company profile is in Thai then you do need a work permit if you work here, or you need to work for a branch that is out of country.

good luck

Nu

Total nonsense without any legal standing.

of course it nonsense, it like the other circular logic/rationalisation put forward from time to time on TV, that as the DOL dont have a WP class for DM and will not give someone WP unless its attached to a Thai company, then they must not need one and by extension its legal to work in Thailand without a WP

of course you can also point out to "pnu" that where someone is paid, how someone is paid or even if someone has paid, has absolutely no bearing on the defintion of work under the current laws in Thailand, if it did, how would a volunteer, who receives no payment get a WP ?

"If your not obliged to pay tax here, your not working here.

same goes for any country"

One suspects "pnu" should talk to US citizens about this statement, and I stand to be corrected once they cross the income threshold for oversea's allowances, even if working in Thailand, they need to submit a US tax return, and may even have to pay tax in the US even though they are not working in the US...wink.png

americans who left america as children and have lived in canada all their lives are finding they are liable for capital gains taxes on gains in excess of $250,000 in the us when they sell their canadian home

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No WP available under the visa/labour rules of that country? Then that's life - you need to move on and find a country where you don't break the visa/WP regulations

How many those online workers have been arrested in Thailand? I have not found even one news article. It is always some dude working in a Thai office for Thais. People have asked Thai immigration and have told openly about their online work and their overseas income at border immigration control, no problems in either case.

Edited by Timwin
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A TV poster was at that meeting and apparantly what has been written has been misquoted and taken out of context, the question asked and response given related to legitimate tourists who were on holiday in Thailand and the legality of checking their work email/and making skype calls to their companies they work for, it appears no mention of people living in Thailand full time and running on line business's from Thailand was made, also the remark stated was an "off the cuff" remark and did not infer official policy.

That is just your biased opinion. It must be pissing you off really bad that there are digital nomads out there. "They must be illegally working because I worked my ass off for 30 years on the road and that ain't right! They must suffer like I did!".

Edited by Timwin
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Actually if you want clarification of what was said send "NancyL" a pm, she was there at the meeting, so not my biased opinion at all... I am not your research butler go an look it up if you dont believe me, she has already commented on what was said.

They are most likely not going to go after the digital nomads on tourist or whatever visas, earning 10-20 times more than average Thai. It would be foolish to do so, going after those golden gooses, volutarily spending money in Thailand. If they start arresting them, they just move on to another country.

Work permit and all that really do not matter because they are not working for Thai companies or customers. Work permits are used to protect Thai jobs in Thailand or that is the idea anyway.

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<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

No WP available under the visa/labour rules of that country? Then that's life - you need to move on and find a country where you don't break the visa/WP regulations

How many those online workers have been arrested in Thailand? I have not found even one news article. It is always some dude working in a Thai office for Thais. People have asked Thai immigration and have told openly about their online work and their overseas income at border immigration control, no problems in either case.

Tim, the main reason is that most of them know they are fringing on the laws, and they keep their mouths shut, don't use static IPs and don't complain pointlessly about visas that don't (as yet) exist. Nor do they expect countries to change their laws and policies to accommodate a minority group

Live and let live, prove yourselves to be nomads and just enjoy your stay while you are here.

If you can't be good, be good at it.......................wink.png

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There is another thread about immigration explaining the latest enforcement of the rules (in Chiangmai).

The officer states that "it is not illegal to work online for a company that pays abroad. But one still needs a long term visa"... That good for the digital nomads (with a Thailand Elite PE visa, or another type of visa).

Of course, another officer could say the contrary tomorrow...

Gerry the Nomads who are complaining have never seen 500k in one place.

The real Nomads who are hacking and cracking and stealing millions don't stay in one place for more than a few weeks.

These guys have worked out how to make a few bucks off holes in Adsense on autopilot and they think they are geniuses.

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There is another thread about immigration explaining the latest enforcement of the rules (in Chiangmai).

The officer states that "it is not illegal to work online for a company that pays abroad. But one still needs a long term visa"... That good for the digital nomads (with a Thailand Elite PE visa, or another type of visa).

Of course, another officer could say the contrary tomorrow...

Gerry the Nomads who are complaining have never seen 500k in one place.

The real Nomads who are hacking and cracking and stealing millions don't stay in one place for more than a few weeks.

These guys have worked out how to make a few bucks off holes in Adsense on autopilot and they think they are geniuses.

Uhm, yes maybe. You are probably right.

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The concept of digital nomads has moved ahead of the visa and work permit rules of many countries, not just Thailand.

- Want to be a legal DN in Thailand? Not possible, unless you register a Thai company etc and get a WP

- Want to be a legal DN in Myanmar? Not possible, you need to have a Business visa that is sponsored by your Myanmar employer

- Want to be a DN in Lao PDR? Not possible, you need a WP from your Lao employer

- Want to be a DN in Cambodia? Perhaps, but the Khmer government is now insisting that foreigners have work permits....

So it's not just an issue with Thailand. To work legally as a DN, you will usually have to obtain a WP in the country where you are residing.

No WP available under the visa/labour rules of that country? Then that's life - you need to move on and find a country where you don't break the visa/WP regulations

In South America and New Zealand as in Thailand "there are no laws" that is different to be not permitted or not possible from the legal view.

I asked in three countries directly to the head immigration, or/and business, taxes areas, my country have more bilateral relations than any other and still nobody know, the best answer was that I can do everything if I have have an address and a 'residence' status, don't care if I get other residences. The taxes will give help me show rent for future credits, comemrcial stability etc and because I am not selling nothing what I am doing is just a profesional service is excluded of many kind of taxes, only paying 10% that at the end I get back with benefits after 1 year.

What about this? (i posted this before)

"Taxpayers are classified into “resident” and “non-resident”. “Resident” means any person residing in Thailand for a period or periods aggregating more than 180 days in any tax (calendar) year. A resident of Thailand is liable to pay tax on income from sources in Thailand as well as on the portion of income from foreign sources that is brought into Thailand. A non-resident is, however, subject to tax only on income from sources in Thailand."

This is a problem also becasue resident in legal terms means I can get a thai passport but in this context means that I should pay taxes if I stay more than 180 days? what about bilateral agreements to avoid double tax?

seems that this rule is just a copy of the US rule, maybe many immigration rules in thailand are based in US law as a template (or probably forced by US ), maybe that is why they force aliens to go outside thailand to avoid the resindent rule and the implications.

In wherever case the different interpretations of the laws in US is complex to everyone and more to Canadians (some one talk about this in this forum)

http://www.lexology.com/library/detail.aspx?g=bb7206f5-69f7-472f-94a2-cfb18755e3ea

so really this is only about different Interpretations of the law for something that is not yet evaluated

Can you imagine a police control checking if people is using underwear or not and putting in jail or asking for a fine since the Thai Law say that you can't go out from your home without underwear?, someone will argue that using swimsuit is illegal?

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This is a problem also becasue resident in legal terms means I can get a thai passport

This is talking about tax residency, a perfectly-common concept across the globe. I believe many other countries also use the 180 day rule.

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they are not mocked for what they do, they are mocked for what they dont do. obey the law. they come to a country to practice their business that does not want them to do so and then whine when they are told that they are doing something illegal.

I can't think of any instances where people have moaned about being told they're doing something illegal. Seem to me they KNOW what they're doing is illegal.

They moan because people are telling them that they should somehow be ASHAMED that what they're doing is illegal.

Big difference

I don't agree that many are saying to be ashamed of working illegally.

The OP was about the Thai elite Visa and work. It was plainly stated that one couldn't work legally on it without a work permit.

It was also stated that the only legal option was to start a business, employ Thais and get work permit. The other option is Thai elite visa and work Illegally under the radar.

The on-liners soundly rejected both, their only options as I see the back to back tourist visas and living here ending soon.

The on-liners then started moaning about why they should be allowed to work here and get permits. Maybe the rules will change and it happen. But right now, for someone not 50, doesn't want an ED visa, not married, there are two options, one legal, one not.

All the digital nomads need to do is setup a company in Singapore, clear all funds in Singapore and work from home in Thailand.

I am in the same situation. I work from home, have a couple of clients in Bangkok including the Thai government, good references including letters that they even request meetings and training for me at the office in Bangkok on a None O.

80% of my revenues comes from outside Thailand and inside Thailand I make around 2.4 million Baht per year minus 5% withholding taxes. The 20% of funds I send back to Thailand on a monthly basis including 40k in my son account so he can have a good education.

I do not open a company in Thailand. The only companies I opened was in the 90's but I sold the shares all to either foreign companies or to the Thai Chinese in Bangkok and in 1997 I had to take a big hair cut.

For god sake anyone on a Thailand Elite Card card can work from home as a digital nomad. The TEC gives a 5 year visa and every stamp is one year per entry. Thais perfectly understand that 1 year visa holders need to make some money to enjoy Thailand as we don't have the pleasure of retiring on some kind of pensions and to make sure we are loaded once we retire.

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"Taxpayers are classified into “resident” and “non-resident”. “Resident” means any person residing in Thailand for a period or periods aggregating more than 180 days in any tax (calendar) year. A resident of Thailand is liable to pay tax on income from sources in Thailand as well as on the portion of income from foreign sources that is brought into Thailand. A non-resident is, however, subject to tax only on income from sources in Thailand."

I wonder why no one is even commenting on this. So many experts here. That is very interesting. I was planning on splitting my time between here and PH now I will be sure to make sure I'm not more than 180 in either country.

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