These days it seems like every other foreigner you meet in Thailand is doing some sort of work online.
Whether a retiree managing business affairs back home via email, a YouTuber documenting their every breath of air, of an entrepreneur running an e-Commerce store out of cafes and co-working spaces, more and more people are taking advantage of being location independent.
Over the last decade, and particularly post-Covid, online workers have flooded into Thailand: remote workers, YouTubers, bloggers, web developers, affiliate marketers, poker players, the list goes on.
So what's the problem?
Well, the law pertaining to foreigners working in Thailand was written prior to the growth of the internet, which means that anybody falling into one of the aforementioned categories cannot obtain a work permit that covers the type of work they want to carry out in the Kingdom.
You can't simply sign up as being self-employed like you would back home. And in any case, the majority of online workers are registered as self-employed back home, and therefore paying tax in their home country (one assumes).
The fact is: the moment you conduct any type of work online in Thailand, you are technically breaking the law. No type of work is permitted without a permit. But as we know, judging by the numerous movie extras working on tourist visas, the law isn't always applied.
However, even those desperately trying to comply with the law can't currently do so.
And here's why…
Working in Thailand: A Legal Definition
When it comes to work, Thai law doesn't say anything specific about working online.
The law defines work in the following way:
“Work” means engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits;
To perform any professional work, regardless of whether or not there is an employer.
This definition is very broad, catching in its net all forms of work. Technically, even if you're staying in a hotel for a week on a tourist visa, sending a few work-related emails each day is against the law. Of course, no one would enforce that.
The fact is, to do any type of work in Thailand, you need a work permit. To get a work permit, you must have a Non-Immigrant B Visa.
Can I Get a Permit to Work Online in Thailand?
No, is the short answer.
Foreigners cannot set up as a sole trader or limited company with one employee (you). To obtain a work permit, other than through an employer, you need to set up a Thai company.
The requirements for this are a minimum of 4 Thai employees per foreigner, a 51% holding Thai partner who isn't included in the 4 employee quota, 2 million Baht business capital, and a business premises.
As you can see, this isn't really a solution for the typical person running a small online business.
What Do Lawyers Say on the Matter?
Back in 2009, I was living in Thailand and writing for a magazine based in the UK. It was a small gig writing an article or two each week. The pay was modest, but it covered my food bills and nights out.
I was fairly new to Thailand and concerned about working remotely in this way without a permit. However, everyone I spoke to said you've got nothing to worry about.
I didn't want to take a risk, so I decided to pop off an email to a well-known Bangkok-based legal firm asking whether a permit was required for a person working online in Thailand for an overseas client.
The response was very interesting. Here is the reply I received:
Thank you for contacting [name undisclosed]
Legally speaking, you are required to carry out your tasks with a corresponding Work Permit, regardless of the fact that you are doing your job through your laptop. This is because you are earning income whilst you are in Thailand.
At the same time the process of procuring a Work Permit is just complicated, as opposed to just doing your thing discreetly. Logically, thus, I would opt for the latter, like more or less what you are doing at the moment.
The most important thing in the end is you have a visa that makes your stay in Thailand legal.
Should you have further questions, please don't hesitate to contact us.
Have a nice day!
This shocked me a little, because legally speaking I was operating outside of the law, but being advised to do so.
I asked my brother, a lawyer in the UK at the time, what he thought of this position. His response was:
I would be very skeptical of a law firm, or lawyer, that actually advises you to break the law. We often point out to clients that what they are doing is against the law and the action they should take to remedy it, but would always stop short of advising them not to do it.
What's Changed in 15 Years?
Thailand was a very different place back in 2009. The whole “working online” thing was quite new and there were no legal guidelines specifically covering this area.
So you'd think that considering the explosion of the “digital nomad” scene there would have been some legislation brought in to regulate online workers.
Sadly not. And having spoken to a fair few people working online in Thailand over the years, I've discovered that I'm not the only person to receive a similar response from a lawyer.
In fact, law firms have been giving out this advice for many years, because they themselves have been waiting for the law to catch up this modern way of working.
Some people, however, would argue that the law doesn't need an ‘online worker' inclusion because it provides a clear definition of what working in Thailand means. You simply can't do it without a permit.
This means that thousands are breaking the law. So what happens if you get caught?
Are You at Risk of Being Arrested or Fined?
If you are working in Thailand without a work permit, then you will be subject to the following prosecution:
A foreigner who engages in work without having the work permit for it shall be liable to imprisonment for a term of not exceeding 5 years or to a fine from THB 2,000 to 100,000 or both.
Sounds scary, but don't panic, your YouTube channel or Etsy store isn't going to land you in the slammer.
You will often hear news that immigration is cracking down on illegal workers. But this has nothing to do with those working online.
Such crackdowns usually target migrant workers, tour operators and guides working illegally in Thailand, not those working independently / for companies outside of Thailand.
So what happens when someone does get caught working online?
In the 16 years I have been here, there have only been a couple of cases that I know of where people have been arrested.
Case 1:
The first was partly a set-up by someone with a vendetta. This person reported to immigration that foreigners were working illegally at a co-working space in Chiang Mai. Immigration raided the place and arrested a bunch of foreign nationals.
However, all were released when the immigration police realized they were working on their computers (online), not actually for the co-working space itself (link to report).
Case 2:
The second was the case of 17 foreigners arrested in 2015. Immigration officers raided a condominium in Chiang Mai, where the foreigners were suspected of teaching English to Chinese nationals online. This was reported in the Bangkok post here.
I don't know the outcome of this case but I doubt it resulted in more than a fine. The problem here was that the operation was pretty big, with 17 employees. We're not just talking about one dude on his laptop doing web design for a firm in the US.
This is clearly a case where a company could have and should have been formed.
The only other cases I know of revolve around raids on illegal online casinos. Gambling is illegal in Thailand, whether online or not.
Do You Work in the “Grey Area”?
The fact is, the majority of online jobs are tolerated in what is an unwritten “grey area”.
We know this to be true because of how publicly YouTubers walk around filming and posting videos online, receiving ad revenue, sponsorships and donations in return.
In fact, YouTubers have pushed the legal guidelines beyond any other online work we've seen in prior to its popularity. Why? Because YouTubers in Thailand are actively making money out of Thailand. Thailand is their business. They essentially document it and sell the footage to the rest of the world.
If the Ministry of Labor is fine with this, then clearly those working online are operating in an non-legislated grey area.
In short, if your work doesn't fall foul of one of the following sins, then you aren't likely to ever have an issue with working remotely in Thailand:
- You are not taking a work opportunity away from a Thai national.
- You are not employing a Thai national.
- You are not working with or for a Thai company.
- You are not operating a company-like structure.
- Your work does not pose a threat for the security or image of Thailand.
YouTubers should note number 5 on that list. Any defamation or silly antics deemed insulting will land you in hot water.
Are There Plans for an Online Work Permit?
The relevant authorities have been aware of people working online inside Thailand for many years, so why haven't they developed a permit for online workers?
I believe there are four key reasons for this:
- The cost involved in developing the legal framework and an alternative work permit for those working online is not justified against the relatively low volume of online workers. To us it might seem like digital nomads are hogging every seat in the local cafe, but in terms of the labour market they represent a small percentage of people.
- Most don't earn much. Very few are making a notable amount of money, so in terms of taxation it wouldn't be very lucrative. Moreover, the new tax legislation will pick up any high earners bringing money into Thailand.
- Take up of a permit might be very low, especially if it costs money and comes with a reporting requirement. In this case, people would just fly under the radar. It would then require considerable resources to investigate those suspected of working online, and in many cases would be difficult to prove.
- How do the authorities define and draw a line under online work? You can't penalize a person on a 6-month tourist visa who sends 6 emails a day, and then not penalize a person on a 30-day exemption stamp who sends 3 emails a day and makes two work-related phone calls.
It does seem like a missed opportunity though. Why not develop a digital nomad visa that includes a simple permit and a tax reporting requirement? It could attract a fair amount of revenue.
I guess this goes back to my first point above. Is it really worth the effort?
Nomads are coming in the absence of a permit and staying and spending money. The lack of regulation is most likely why they come.
The authorities clearly don't care about the little guy/gal writing blog posts on the beach. If they did, they would have done something about it by now.
I Don't Want to Work Illegally, What Can I Do?
There are two things you should do if you are concerned about the work you do online inside Thailand.
The first is to fully acquaint yourself with the law. Understand what the current legal guidelines are on work and know exactly where you stand. You can read the Alien Working Act here:
*Note that there is not one reference to “web” or “online” in this document. It is outdated, but perhaps remains so deliberately.
If you fall into the “grey area” (read my list above), don't worry. You don't fall foul of the law, but rather the law doesn't legislate for you at this time and you are tolerated – just like hundreds of others. But do be discreet.
If you are still concerned, speak with a reputable lawyer and seek legal advice like I did.
At least that way, should you be accused of working illegally, you can at the very least prove that you have actively been trying to get a permit to cover the type of work you do. Make sure you keep all correspondence between yourself and the law firm.
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Have you been given legal advice about working online in Thailand? Share your experience below in the comments section.
Last Updated on
Elmira says
Aug 21, 2015 at 5:45 pm
TheThailandLife says
Aug 21, 2015 at 5:52 pm
al says
Oct 01, 2015 at 10:09 pm
Terryl says
Jul 28, 2015 at 10:36 am
TheThailandLife says
Jul 28, 2015 at 11:37 pm
q says
The UK is notoriously strict about this--much more than Thailand, which is generous to foreigners in comparison--and I haven't read as many accounts about the US, but I have no doubt it's the same.
Jul 24, 2016 at 11:40 pm
Chris says
In the USA you would need a million bucks and employ 10+ staff for a few years much less than what Thailand requires. If someone is going to call themselves a digital nomad then be one and spend your life bouncing around countries otherwise have a valid visa to be in the country, ED//marriage/work/retirement etc.
Why is there no allowances? Because you shouldn't really be doing it.
I believe Immigration has Thai people's best interest at heart, I'm from Australia and I wouldn't want a bunch of fresh immigrants coming to live indefinitely in my country without contributing something (like starting a business and employing four people). It's only fair.
it's selfish of people to think that Thailand owes them the ability to live here indefinitely without hassle and without contribution, believe me marrying a Thai lady is a huge contribution! lol But jokes aside that's the real deal, and no matter how many of those Thai Visa people say that digital nomads bring in enormous amounts of money to the economy is total BS. Most of these people earn less than a few thousand a month and those who earn more aren't spending millions of baht a month here monthly either.
If the sex industry in Thailand is worth 3% of the economy what percentage of the economy would make up the total contributed by digital nomads? it's such a miniscule amount compared to direct investment. Why should someone with a laptop working in their 5000 baht a month apartment getting by on 30k a month have the same privilege than someone who invests a million dollars, or someone who marries a Thai, or even a teacher for that matter.
In the end it's got nothing to do with money or Thai's hating us, it's about your contribution. Do you think that renting an apartment and buying lunch is a contribution? I don't. Try putting yourself in a Thai persons shoes. What requirements would you like to have on immigrants or do you really think if you were Thai that anyone with a laptop should be able to come live here indefinitely?
Oct 02, 2014 at 12:53 am
Sam says
Getting a visa doesn't mean you'll live forever or have got the ticket to live as long as you like by tricking the system and contributing virtually nothing back to the Thai society. Well, if you may actually contribute to the Thai society on short term stay to afford splurge hotels and spend lavishly in food and shopping (at least you should be able to pay 800-900 baht per day on hotels and another 500 baht on food), in a way you are helping the Thai economy. Not like those vagabonds who call themselves digital nomads and stay in filthy crap, cheap places paying 200-300 baht per day on accommodation and living on a paltry 100-150 baht for food that's a big joke in the name of contribution to the Thai economy.
Tourists have no right to be a burden on the Thai economy, or on any country thereof, and rules are rules if go by laws if you really need to stay for a long term. Clean the country and make rules tougher for digital nomads and vagabonds.
Dec 25, 2015 at 12:04 pm
Brad says
You've put too much of blame on the end-user. Interesting that the previous post compared the skin trade to the economic impact of digital nomads. I'd like that comparison, if it actually contributed to the conversation rather than only revealing quite a lot about the author.
Further, if a "digital nomad" is simply someone who has taken their home job on the road with them, their impact is spread internationally and you can't say they've "taken" anyone's job as if there was some kind of slot with "Bob the software engineer" written on it. That job was created, not taken. No Thai person would have stepped into that role. I personally dislike the word "digital nomad", but what you are describing is a caricature, something overstated and unrealistic. You have created an enemy when there was none.
Apr 14, 2016 at 2:02 am
q says
Jul 24, 2016 at 11:43 pm
Dante says
What I mean is, are these two bloggers are effectively working online, yet telling others not to? Seems strange.
Not that I care if they're working, I'm also a blogger. But are you removing having a monetized blog from the argument?
Jan 23, 2016 at 2:19 am
TheThailandLife says
Jan 24, 2016 at 4:25 am
TheThailandLife says
Regardless of the arrests today, or lack of arrests generally, there are still no legal guidelines to covering this kind of work in Thailand - only an antiquated law that doesn't cover the modern location-independent way of working. I therefore suggest it is you who "just doesn't get it".
I'm not concerned with ED visas - not sure why you mentioned that - but as you well know there are many reports of ED entries being refused on the basis that the holder can't speak conversational Thai after going to school for 2+ years. It might not happen that often, but does so during crackdown periods.
Oct 01, 2014 at 11:58 pm
Ben says
Aug 19, 2014 at 2:34 pm
TheThailandLife says
Oct 01, 2014 at 10:49 pm
Chris says
Oct 01, 2014 at 11:46 pm
Guest says
Oct 02, 2014 at 9:19 am
Chris says
Jul 31, 2014 at 1:46 pm
TheThailandLife says
But how about reporting a change of address to immigration if you stay away from your residence for longer than 24 hours? I know this is slightly off topic, but perhaps you could get some clarification from the Police you work with.
Jul 31, 2014 at 1:19 pm
CPANinja says
I hear what you're saying but looking at the law we do all need a permit, but there isn't one that suits what we do.
In fact if you read the wording, any work, whether you get money for it or not is illegal. If they really wanted to they could clamp down on everyone. But wouldn't it be better for them to regulate it and make good money?
Sure, not everyone wants to go this route, but those who want to stay here long term would like to.
There are literally thousands of guys n gals working online here in BKK, i can't imagine they will allow this to keep growing without proper regulation. Plus they'd be silly not to cash in on it.
Jul 28, 2014 at 3:35 pm
Chris says
Why do you want a new rule? Because you're afraid of getting caught "working online" because of the 0 cases ever reported of someone getting arrested without a work permit for working online?
People are overly paranoid and you're talking about a future that does not yet exist. Cross that bridge when/if it comes but for now there is no reason to keep looking over your shoulder while you pump out work sipping lattes in starbucks.
Jul 28, 2014 at 4:18 pm
Jeff says
Border running is already dead, as are back to back tourist visas - anyone want to bet that ED visas won't be next. A friend of mine was stopped at Suvarnabhumi on his way back in a few weeks ago and made to prove he could write Thai.
There's always the Elite visa but at 500,000 thb for the basic version (for a 5 year visa) it's quite high risk for a country known to change rules with little warning (or compensation)
Jul 30, 2014 at 4:49 pm
TheThailandLife says
Jul 30, 2014 at 4:54 pm
Chris says
Get a drivers license problem solved. There's plenty of ways to get an ED visa and it doesn't mean just Thai language. I have no doubt either of you have been affected in the slightest and speculation of tightening down on things that may affect us is just that pure speculation.
Jul 30, 2014 at 6:10 pm
CPANinja says
Jul 28, 2014 at 12:55 pm
Chris says
Tell you what give me 10% of your income and i'll set it up LEGALLY so that you're not paying even 15% in taxes. You won't have a work permit in Thailand but like I've already stated, you don't need one.
Jul 28, 2014 at 1:40 pm
dxb says
how can i set it up legally ?
also bangkok seems expensive , please advice on cheaper islands besides chiang mai .
thankss
Nov 02, 2014 at 4:47 pm
TheThailandLife says
Nov 02, 2014 at 4:54 pm
Chris says
"The fact is, new legislation needs to be put in place, with a special work permit developed for those working online. The current law then needs to be amended to include an exception for those needing to send urgent work emails while on holiday."
That's a fact is it? We need a work permit for people to work online. And so how do you propose that is taxed? a yearly fee for everyone? 555 Do you know what money laundering is?
There's only 2.5million taxpayers in Thailand......yeah they own 80% of the wealth!
I suppose you wanna tax all these people barely getting by on less than 15k a month too.
Oh and no one is spending tax payers money investigating people working online, no one, nowhere, where's your evidence of that? it's never happened and i'm certain never will, I think your paranoid, you think immigration is going to come knocking on your door to check your computer to see if you made an email to a client, please it'll never happen, ever!!!! The current legislation is written broadly so it can be up to the court to decide and for good reason I won't tell you why cause you probably won't understand.
Everyone should contact a lawyer about it for what? God I hope no one reads this and follows your advice and wastes their time.
My advice; Have a valid visa to be in Thailand, tourist, married whatever. Enjoy your time and what you do online is your business.
Jul 28, 2014 at 3:55 am
TheThailandLife says
Jul 28, 2014 at 10:46 am
Chris says
Let's put this into perspective shall we.
my main site subject (Thailand) similar to this one gets 190,000 visitors a month. Half of which are Thai people. I have my photo on it. I can't go anywhere in this city without people recognizing me. People have sent letters to the police & immigration telling them I work illegally and other horrible things I don't care to mention. I've been on an ED visa for 6 years. If they wanted to catch me working illegally all they would have to do is go to the main police station where I volunteer doing translations exerting effort and clearly breaking the law as it's written.
Money laundering is tax evasion. If I had a permit that allowed me to be a sole trader in Thailand without any investment this would allow me to avoid paying any taxes at all. Honestly dude I've never heard of anything like what you proposed anywhere in the world, it just doesn't make sense and yes you proposed it with a special work permit for those working online.
Listen to the lawyers advice you got years ago, keep things to yourself a valid visa for living here and you'll never have a problem.
Jul 28, 2014 at 1:03 pm
TheThailandLife says
Moreover, you might be happy with your situation, but there are plenty of others who aren't, and would like to see suitable regulation for their type of work.
I'm shocked that you haven't heard of anything proposed like this before. I know a lot of guys here who have moved their businesses offshore to countries where they pay minimal tax, so why wouldn't Thailand cash in on this by offering a legal option to digital nomads?
I'm not saying I have all the answers, or even proposing the guidelines. This post is simply a guide to help others understand the law and where they stand.
Jul 28, 2014 at 1:20 pm
Joe Alias says
Aug 16, 2015 at 11:10 pm
Lloyd says
In nearly every 'civilised' country the Departments that manage the Customs, Excise and Immigration Laws have a degree of power above and beyond civil law enforcement, and Thailand is no different. The Immigration Bureau does not simply operate at the border, far from it, they work with the Customs Department and the Department of Special Investigation wherein they are also granted special powers of investigation that include the ability to monitor online activities of individuals and business suspected of illegal activities.
Aug 03, 2014 at 5:37 pm
sudarshan jha says
Aug 16, 2015 at 9:29 pm
TheThailandLife says
Aug 16, 2015 at 9:38 pm