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BANGKOK 11 December 2018 06:46
JCP108

Online work w marriage visa

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I will be moving permanently to Thailand in 2019 on a marriage visa (I'm a citizen of the US and wife is Thai).

 

I work online providing telehealth services to patients located in the US. My payments get deposited in a US bank. I will have the 400k+ in a Thai bank for the annual visa renewal.

 

Two questions:

 

1) I understand it's impossible to get a work permit since I'm working for myself but am not a Thai company. That's technically not legal since I will be located in Thailand while working for clients in the US. But, I understand there is no enforcement right now for that. Any thoughts?

2) What happens if I pay taxes at the end of the year in Thailand on my income generated by this online work? Won't that be suspect since I don't have a work permit? However, if I don't pay taxes, won't I be at risk of getting caught for not paying taxes for income gained while I was located in Thailand?

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1 hour ago, JCP108 said:

1) I understand it's impossible to get a work permit since I'm working for myself but am not a Thai company. That's technically not legal since I will be located in Thailand while working for clients in the US. But, I understand there is no enforcement right now for that. Any thoughts?

Correct. They will not come looking for you, and are highly unlikely to prosecute you if they find out about your work. However, it is best to keep any work private and to yourself. If you have 400K in the bank you do not need to disclose any income/work.

 

1 hour ago, JCP108 said:

2) What happens if I pay taxes at the end of the year in Thailand on my income generated by this online work? Won't that be suspect since I don't have a work permit? However, if I don't pay taxes, won't I be at risk of getting caught for not paying taxes for income gained while I was located in Thailand?

Although you technically are considered to be working in Thailand your income is earned abroad. As long as you don't transfer any income, earned in the same tax year, to Thailand you shouldn't have any tax liability.

 

The tax man isn't going to be bothered whether or not you have a work permit. Lots of people earn income in Thailand without working. 

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Technically you could set up a Thai Ltd Co capitalised to THB 1.0 million and employ 2 thai nationals and get a Work permit,

 

You could also explore the 1966 US-Thai Amity Treaty, which allows certain benefits to US citizens establishing business' in Thailand

 

Setting up in Thailand could also extend you certain tax benefits in sense you can invoice in the US as a company, thus shifting your personal tax obligations to Thailand (yes i know US citizens are taxed worldwide, but you also get an "overseas allowance" as well

 

 

 

 

 

 

 

 

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