Thread: What's the best visa for working remotely from Thailand?

I may have a chance to remote-connect on my PC from Thailand and work for my employer, whose corporate headquarters is back in the USA. While my projected income will exceed the monthly income requirements for a marriage or retirement visa, would Thai immigration authorities have an issue with this being earned income made while working in cyberspace and Thailand? Would it make a difference to Thai immigration if I maintained a US residence and paid US taxes on that income?

The wording of your employer's letter is going to be important.
Immigration may ask difficult questions unless it is worded as a pension.

Once you are here make sure that you and your wife keep silent about your income.
Don't keep work files/data on your hard disk.

Originally Posted by GooMaiRoo

I may have a chance to remote-connect on my PC from Thailand and work for my employer, whose corporate headquarters is back in the USA. While my projected income will exceed the monthly income requirements for a marriage or retirement visa, would Thai immigration authorities have an issue with this being earned income made while working in cyberspace and Thailand? Would it make a difference to Thai immigration if I maintained a US residence and paid US taxes on that income?

First off, Thai immigration have no control, nor concern, for your tax situation. That's an issues for the Revenue Department.

The next question is whether or not this would be considered "working in Thailand"? The answer here is likely to be yes (using the definition of "work" in the relevant Thai laws). As such, your issue here should be whether you would need to get a work permit to undertake the work in question. My guess is the answer is "yes". If so, what would be the minimum salary you need to earn to get the work permit. Then what tax you need to pay on that.

If, however, it is not considered work, then the question is "could I be taxed on these earnings" if they are US based. The answer to that would be complex, but in short, you are taxed in Thailand on world-wide earnings PROVIDED THAT you bring those earnings into Thailand in the same tax year (01 Jan - 31 Dec) that you earn the money.

And even here, Thailand-USA have a Double Tax Treaty, so you would have set off for taxes paid in the US against taxes due in Thailand.

In short, worry less about the tax/revenue issue and concern yourself more on whether this would be considered "work". Once you have the answer to that question, you can move forward.

Originally Posted by William

First off, Thai immigration have no control, nor concern, for your tax situation. That's an issues for the Revenue Department.

William, just for clarification, thats true on issuing the visa, but not the same case on renewal?

In the case of a renewal of your visa, it would only matter if you were on a WP - in which case, you need to provide evidence you have paid tax on the amount required to qualify for the WP.

So, while in reality I would agree that it makes a difference (in that you need to show evidence of tax payment), in theory it should not make any difference.

I'm married to a Thai, I work for a UK company but live in Bangkok. My wages are paid into our joint Bangkok bank account. I pay Thailand tax at the end of the tax year. I have a Non O visa and don't have a work permit. Immigration said I don't need one because I'm not working for a thai company. My wages cover the amount (40k per month) that is required for the non o visa. My visa has been renewed for the past 3 years, all that I needed to show (apart from things like a photo of me and the Mrs in every room in our house, strange that one) was a letter from the UK embassy and after the first year my thai tax payment reciepts.

Originally Posted by Gerbil

As I understand it, if there's no business entity in Thailand, then it is not possible to get a work permit. The only legal way I know for 'teleworkers' in Thailand is to set up your own company and arrange a work permit that way.

Originally Posted by minime

My wages are paid into our joint Bangkok bank account. I pay Thailand tax at the end of the tax year. I have a Non O visa and don't have a work permit. Immigration said I don't need one because I'm not working for a thai company.

I'd be interested in seeing a definitive ruling on this. I know a couple of people who it would really help if these truely are the guidelines. Unless they are assuming that you physically travel offshore to perform the work?

I was told by immigration that as long as the money is coming in from overseas and you can get a letter from the embassy saying that you are working for a Uk (in my case) company then you can have a non o married to a thai visa, if you're married that is. They know I work via a PC at home and I don't leave Thailand to carry out the work.

I got my first non o from KL for 12 months and then I've had 3 extensions based on the above.

Originally Posted by minime

I'm married to a Thai, I work for a UK company but live in Bangkok. My wages are paid into our joint Bangkok bank account. I pay Thailand tax at the end of the tax year. I have a Non O visa and don't have a work permit. Immigration said I don't need one because I'm not working for a thai company. My wages cover the amount (40k per month) that is required for the non o visa.

Thank you and thanks to all the other responses. Just out of curiosity, I wonder where Thai authorities draw the line on paying Thai income taxes? What if the income from overseas is passive (e.g. pensions, music royalty income, income on rental property, interest on dividend stocks)? What about foreigners who live in Bangkok and actively trade stocks using online trading accounts dealing with equities that are all overseas (where most of the income is capital gains)?

yes yet another situation where different departments interpret the rules in different ways. The labor department treat any work of anykind paid or unpaid as requiring a work permit.

The only reasons I have a work permit are incase of a compaint that brings the immigration police to my business and qualifying for thai residency by having a b visa for 3 years and paying tax.

In nearly 3 years the only time I have been challenged was at a thai karaoke place where there immigration police raided the place to check for under age girls and undocumented workers.

But I really really don't want to go to jail and be deported or have to pay some copper 10,000 baht.

Mark

Originally Posted by GooMaiRoo

Originally Posted by minime

I'm married to a Thai, I work for a UK company but live in Bangkok. My wages are paid into our joint Bangkok bank account. I pay Thailand tax at the end of the tax year. I have a Non O visa and don't have a work permit. Immigration said I don't need one because I'm not working for a thai company. My wages cover the amount (40k per month) that is required for the non o visa.

Thank you and thanks to all the other responses. Just out of curiosity, I wonder where Thai authorities draw the line on paying Thai income taxes? What if the income from overseas is passive (e.g. pensions, music royalty income, income on rental property, interest on dividend stocks)? What about foreigners who live in Bangkok and actively trade stocks using online trading accounts dealing with equities that are all overseas (where most of the income is capital gains)?

Strictly speaking, you need a WP if you earn income from trading shares on the Thai Stock Exchange. Previously, you needed a WP to open a brokerage account, but I don't think that can be enforced in today's electronic world (could be wrong). You also used to need a WP if you earnt rental income from renting property in Thailand (again though, this could have changed).

As to passive income earnt offshore, provided that you do not bring the earnings into Thailand in the same tax year (01 Jan - 31 Dec) as the year in which they are earnt, then, according to the Revenue Code, its tax free. The reason for this is that the Thai Revenue Code deems these earnings to have been taxed at source. The reason why this does not apply to earnings in the same year is that taxes paid in Thailand should be permitted as tax credits in the source country.

And I agree with Mark, if you do anything in Thailand, paid or unpaid, it is highly likely you will need a WP. If I recall correctly, they even raised the WP issue for foreigners who voluntereed to assist in the clean-up/following the Tsunami.

Originally Posted by William

And I agree with Mark, if you do anything in Thailand, paid or unpaid, it is highly likely you will need a WP.

A non-immigrant B is sufficient for many activities related to business while in Thailand and being paid abroad.

a 1-year multi-entry is also easy to obtain in Australia, UK or USA

Ok!
Let me run this one past you .

Retired and have a retirement visa .

Istill get called out by various companies to sort out insurance related problems in Malaysia, Laos, Taiwan and Korea.

I go there - do the job - write the report - issue it in that country and come back to Thailand.

I get paid through their Thai agents in Bhat into a Thai bank account .

I have been given a Thai tax No and tax is deducted before the fee is transferred .

What is my situation here then ?

I am not working in Thailand - but - if they want additional information when I am back I just e-mail them.
Would this be considered as working in Thailand ?

Originally Posted by GooMaiRoo

I may have a chance to remote-connect on my PC from Thailand and work for my employer, whose corporate headquarters is back in the USA. While my projected income will exceed the monthly income requirements for a marriage or retirement visa, would Thai immigration authorities have an issue with this being earned income made while working in cyberspace and Thailand? Would it make a difference to Thai immigration if I maintained a US residence and paid US taxes on that income?

Just get a married Visa and don't get a WP. You only need to get an affidavit from the US Embassy and they do not ask for any proof.

I have earned plenty of money in Thailand working at the computer I am presently typing on.

Originally Posted by chitown

Just get a married Visa

Wouldn't even bother unless you live somewhere extremely remote.

Hi, all. This post is directed to all, not just to Chitown, as it's quite old and I have no idea where he's at. But some of ya' all might have an answer to it. And my question is really exactly the same as GooMaiRoo's, with one exception: i have a retirement visa already (and don't intend to change it for work purposes) instead of a wife. Do any of you think Chitown's advice is good? And, good or bad, it really shouldn't be different for either of us (me or GooMaiRoo), right?

Originally Posted by chitown

Originally Posted by GooMaiRoo

I may have a chance to remote-connect on my PC from Thailand and work for my employer, whose corporate headquarters is back in the USA. While my projected income will exceed the monthly income requirements for a marriage or retirement visa, would Thai immigration authorities have an issue with this being earned income made while working in cyberspace and Thailand? Would it make a difference to Thai immigration if I maintained a US residence and paid US taxes on that income?

Just get a married Visa and don't get a WP. You only need to get an affidavit from the US Embassy and they do not ask for any proof.

I have earned plenty of money in Thailand working at the computer I am presently typing on.