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Working Online in Thailand – Legal Guidelines, Work Permits & Prosecution

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.

working online in thailand

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:

  1. You are not taking a work opportunity away from a Thai national.
  2. You are not employing a Thai national.
  3. You are not working with or for a Thai company.
  4. You are not operating a company-like structure.
  5. 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.



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  1. David says

    My own experience with the Thai Consulate (2015) in Vancouver seems to mirror your reference to the legal firm if working remotely from Thailand. The Consulate stated that because I am working for a Canadian company and not a Thai company there is no need to get a WP. Just have the proper visa. Definitely a grey area.
    Reply

    • Strawb says

      By residing in Thailand we all pay TAX every time we purchase or spend money into the economy !! ..The Bankrupt ‘Western’ world collects Taxes in the same way....EXCEPT, the fraudulent Banking Scam which Bank Controlled Governments Support, requires that the Security for Interest on the SCAM loans is paid to the BANKSTERS via Income Tax. NO TAX GOES INTO THE SERVICES OF THAT COUNTRY.
      Reply

  2. Kevin says

    Hi. I will be emigrating to thailand in the next few months. I did post a question a few months ago regarding work anout looking after ducks.
    My fiancee has ditched the idea about rearing duck and now wants to rear cattle and sell the calves. She is buying the land and we are having a house built on it. The cattle will be on our land. Can i feed them and muck them out and walk them to open pastures to graze. Then collect them in the evening. I dont want to be arrested and deported. Her farther will help look after the cattle as well.
    I have a multi entry ao visa valid for 1 year which i will have to renew in thailand in november. Any advice what i need to do in thailand to renew the visa without returning to the uk.
    Reply

    • TheThailandLife says

      I doubt anyone will care if you are walking a cow to pasture.Most immigration offices will allow you to renew your retirement (OA) visa up to two months before it expires. you are supposed to do it 45 days before it expires. The form needed to apply for or renew an extension of stay based on retirement is form TM7. You will also need the following....5.4 Foreigner who wishes to extend his or her stay shall submit a request for extension of stay at the Office of the Immigration Bureau with documented evidence of money transfer or a deposit account in Thailand or an income certificate showing an amount of not less than 800,000 Baht or an income certificate plus a deposit account showing a total amount of not less than 800,000 Baht. A one-year extension of stay shall be granted at the discretion of the immigration officer to the foreigner as long as he or she meets the above requirements.
      Reply

  3. Kaye says

    Hi,

    Same as John, I have been on a tourist visa here in Thailand since February 2017. I've been using the exemption stamps and going on visa or border runs. This time around, I got hired and am in the process of sending the employer the needed files.

    I'm just a bit worried though, will I encounter issues with the work visa approval? Mainly because my CV states that I was working online throughout the period that I was staying here on a tourist visa. I cannot really delete that part of my career because the employer needs it for the minimum requirement.
    Reply

    • TheThailandLife says

      Don't sweat it. I bet you a Bitcoin that it won't cause any problems. You were working online, on or for non-Thai websites/businesses (I assume) and getting paid to a bank account outside of Thailand. You are paying tax on that income in another country too (I assume).The thing about working online in this way is that they could make it an issue, but they don't. It's such a grey area. They need to update the law in this area and accommodate in some way for the digital age. One way would be a "working online visa". They could offer a tax break to encourage people to pay their tax here too. But to date they haven't addressed it. They have, however, clamped down on in-out visa runs, so in that regard they are preventing this type of work in a roundabout way - but it doesn't stop those on long-stay visas working online.
      Reply

    • Michelle says

      They won't even batter an eyelid. Been there and done that and no problems came of it at all. As long as you have a degree or the 4 years proof of experience for those that do not have a degree, they will stamp your passport with your new work permit and you will be on your way!

      Good luck!
      Reply

  4. Sandro says

    I'm a bit surprised you were able to stay on these grounds for 7 months. As far as I know the visa policy states that foreigners are only allowed to stay up to 90 days in a 180 days period with short term visas. This is why I always stay for 2-3 months and then move on to another country before coming back at least 3 months later.
    Reply

    • TheThailandLife says

      Hey Sandro, was your comment for me? On a Non O visa based on marriage I can stay for 90 days. I can then leave and return immediately to activate a further 90 days. I also have the option of extending once by 60 days (at immigration) for 1,900 Baht. This would give me 90 days + 60 days straight without having to leave.
      Reply

    • TheThailandLife says

      Your son could get an ED (education) visa if he was to start studying at a college or university in Thailand. He would also be able to get a tourist visit (single or multiple entry) to visit you. The single entry gives him 60 days straight, the multiple entry gives him 6 months, but only 60 days at a times, so he would have to leave and re-enter every 60 days, until the visa expires.Because he is under 20 years old, he will need notorized parental permission to get a visa. This means written permission from you that is then notorized by the embassy of your home country.
      Reply

  6. Michael Conlan says

    I have been living here legally for about 29 years. First teaching with a work permit. and now on a spouse visa. I have written a book, and am writing a foll could get ow up. and a screen play. As my wife hes been bed ridden with bone cancer, and won't be able to attend the immigration interview. I was wondering if as a writer I could get a permit.
    Reply

  7. John Smith says

    Hi, I have been freelancing in Thailand for around 7 months now on tourist visas. I do translations online (German to English). Everything was going well until recently when I returned to Thailand armed with a fresh tourist visa after visiting my family in the UK for Christmas - I had trouble getting back into the country. The immigration officer said that it looked as though I was living in Thailand and going on holiday to the UK, rather than the other way round - which I suppose is somewhat true. Eventually they let me in but on the grounds that I leave when my Visa expires in 60 days. I am not allowed to extend it nor I presume get a new visa and come back.

    As far as I can tell I have three options if I want to continue staying in Thailand:

    1) Teach English (I have done this before and found it to be very hard work. Can I get a work permit teaching part time?)
    2) Marry my girlfriend (Is this as easy a solution as I think it is?)
    3) Partner with a company such as IGLU to legally work as a freelancer in Thailand (although translating doesn't seem to quite match what IGLU is looking for and my earnings don't reach $2,500 per month)

    Have you got any advice for me? I'm 25 years old with a masters degree in mechanical engineering.
    Reply

    • TheThailandLife says

      Hi John,When you say 7 months on tourist visas, do you mean in and out on 30-day exemption stamps? The reason I ask is that with a multi-entry tourist visa you could have stayed 6 months, leaving every 60 days and then re-entering. You could have even extended this for 30 days. So technically that would have only been one visa and they wouldn't have questioned you over that.Doing in-outs on 30-day exemptions, it's inevitable that they'll pull you up at some point. Your options...1) Teach English (I have done this before and found it to be very hard work. Can I get a work permit teaching part time?) - Yes, as long as you can find a job and the company is willing to apply for the permit on your behalf. You need a B-visa though to start the process, so you'd have to hop over to Laos or elsewhere for that.2) Marry my girlfriend (Is this as easy a solution as I think it is?) - it is pretty easy - see here: https://www.thethailandlife.com/married-thailand-diy-day You could then go home and apply for a multi-entry Non O based on marriage. Or get a single entry from a neighbouring country. in both cases, if you can meet the financial requirements, you can extend for a year and report every 90 days (no having to leave Thailand). On a multiple entry Non-O, you'll have to leave every 90 days - you can extend this period by 60 days at immigration once during the validity of the visa.3) Partner with a company such as IGLU to legally work as a freelancer in Thailand (although translating doesn’t seem to quite match what IGLU is looking for and my earnings don’t reach $2,500 per month). It's a possibility, but I'd rather go for a fourth option and enroll on a ED visa to learn Thai. Why not? Your GF is Thai and you are living in Thailand :)
      Reply

      • John Smith says

        Hey,

        Thanks for your reply. During the 7 month period I had two 60 day tourist visas, which I extended for 30 days each and 1 visa exemption of 30 days - but yeah I think you are right that the multi-entry tourist visa would have been better. I just thought that I wouldn't have any issues if I got the 60 day tourist visas.

        Learning Thai is the option that appeals to me most. The only issue is that I live with my girlfriend in Mae Hong Son and as far as I'm aware there are no official places to learn Thai here. It would mean moving to Chiang Mai I think. Same goes if I were to teach English part time.

        I'm in a bit of a dilemma as despite being together for a year and a half now, I'm not sure I'm ready to get married although it would be a great solution.

        Cheers
        Reply

          • John Smith says

            Thanks for the suggestion. As it happens, I do need to get a new passport anyway as it is almost full. Would simply getting a new passport work then? - I would be worried that they have a record on the system, especially since I had trouble getting in last time.

            I have found another option though. I got in contact with a language school and they said that I could take private lessons via skype (100 hours for 46,000 baht for the year) and they would be able to sort me out with an ED visa. 46,000 is a bit steep, but I think it might work out cheaper than moving to Chiang Mai or travelling to and from Chiang Mai every week.

            I noticed on the Royal Thai Embassy UK website that I can apply for either a single entry or multiple entry ED visa. Which one would you suggest I get? Would I still need to apply for a re-entry permit before leaving Thailand if I had the multiple entry visa?
            Reply

            • Glen says

              I'm in the exact situation as you. Two 60 day visas and 1 visa exemption which all of them I extended for 30 days haha. I want to go back to Thailand but I'm worried I'll run into trouble with immigration.

              Please let me know how it goes! I have another passport as I have dual citizenship but I'm wondering if I would get caught at immigration
              Reply

            • Silvie says

              Hi! Would you mind sharing the name of the language school where you can do skype lessons and get at ED visa? Sounds like a great way to be able to stay here and live in Nong Khai - which also doesn't have a language school. Many thanks!
              Reply

            • Mads H says

              Hi John & co.
              I am currently looking at the ED option, and also on the learning- Thai-online option. From my research on google, it seems very hard to find someone offering online tuition as part of the ED-visa, so please please share links. It will be most appreciated. Thanks
              Mads
              Reply

    • Marco says

      Hey John,

      Just do the ED visa. It's less than $1,000 a year, and you can learn the language and make some good friends as well.

      I've done my research on Iglu, and my suggestion is to stay away from it. They hire you as their employee, but in reality you aren't... Also, with their high prices, you could easily get a Thai Elite visa plus a good private health insurance, which will be much cheaper in the long run.

      Iglu preys on those who come from high taxation countries, who are naturally afraid of tax laws. I went to the Thai Revenue Department in person, and told them I work online for foreign clients. I asked them if I should pay tax. They told me to go away, that if I had no connection to a Thai company I don't have to pay.

      But in any case, since you make less than $2,000 a month, you have even less things to worry about, because your country probably doesn't care either. So just go the easy and cheap route, don't try anything fancy.
      Reply

    • Allan says

      Hi, thanks so much for this page, it very helpful.

      I'm retired after living in Thailand for 30+ years. I don't currently have an e-business but want to know more. I once asked the labor department about 1) writing a book unrelated to Thailand to be distributed elsewhere and 2) scientific collaboration with people outside of Thailand. I was told verbally that that didn't require a WP. But, I also know that they don't know because the law is not clear.

      Note that they only define work in terms of 'work' in the legal definition quoted above. So, what is work?

      "Alien (or foreigner): a natural person who is not of Thai nationality. Work: engaging in work by exerting energy or using knowledge whether or not in consideration of wages or other benefits."
      Reply

      • TheThailandLife says

        As discussed in the article this is a grey area and off the record most lawyers and immigration officials will tell you that you don't require a work permit to sit in your condo or a café and write a book. It's an impossible thing to police. If they try to police every aspect of what was considered "work" under the current legislation they would be arresting people left, right and centre. Because of the digital age, the large majority of people who come for a holiday or to stay long-term are doing some kind of work, be that sending some work-related emails or liaising with a property management company back home. The current legal framework has not been updated to address the digital revolution and the amount of expats and digital nomads running websites and businesses from their laptops. To be honest they really aren't that interested. What they are interested in, however, is people who mistakenly believe that Thailand is a tax haven and that you can work from within the kingdom and avoid paying tax in your home country and in Thailand. This is the area that people are most likely to become unstuck in and get in trouble with the law, eventually. No one cares about the person making a modest income on the Internet somehow, or writing a book with a view to getting a publishing deal. But when a person starts making a substantial amount of money from what they are doing and isn't paying their dues, that's when the interest starts to arouse. Money always attracts the flies :)
        Reply

    • TheThailandLife says

      Technically, yes, but it's problematic to enforce the law because it hasn't been updated to reflect the digital age. You aren't dealing with Thai companies, you aren't being paid by Thai companies, you aren't employing anyone - you are only connecting to the Internet and I assume your company/tax liability is registered in another country. There are a lot of people here working online in this way and not one person has been prosecuted or fined.
      Reply

  9. Kevin says

    I will be retiring to thailand in the next few years. I will be living with my girlfriend in her house we will eventually get married. Currently she raises chickens the slaughters them and cooks them for sale.
    If i tended to the chickens ie fed them and cleaned out the coups would i be breaking the law as i would be looking after our own chickens on our own land. She wojld sell them on her own without any addistance from me. I do not want to break the law.
    Reply

    • TheThailandLife says

      Technically you'd still be a part of a business, and doing work for that business. Is the business registered as an official business? Does she pay tax? Regardless, I don't think the authorities are going to care. Many people raise chickens on their land for personal use, so it wouldn't an activity that warranted investigation. I don't anyone will batter an eyelid. The chickens might object to being slaughtered though.
      Reply

      • Kevin says

        Thank you for the information. Its not regisyeted as a businwss and she does not pay tax. We are not talking about thousands of chickens. I have read further posts on this site about "exerting energy" you are technically classed as working regardless of whether you are earning any money. Would that mean that i could not clean both of our motorbikes on her land or clean her windows in our house on her land or do any kind of housework in our own home on her land?
        Apologies if these sounds like a daft question. I do not want to be arrested and deported as that would be the end of my life.
        Reply

  10. Irene says

    Hello. I am an artist selling my stuff internationally via Internet. Russian women of 57. Would be silly to bury long list of my skills if other can earn living on it. And artists never stop their work. What can I do for Thailands kids and their parents in such life situation? Would love to teach what I do myself.
    Reply

    • TheThailandLife says

      Hi Irene, do you mean you would like to teach art? I'm not sure how you'd get into that at state level. Private schools might employ a foreign art teacher with an art degree. One way would be to do a TEFL teaching course, and then apply to teach kids at a state school and perhaps offer to hold after school art classes. Art might feature in the current curriculum but I'm not sure how much. You might look into volunteer work too, if you don't need a salary.
      Reply

      • Irene says

        Actually not. My art work contains many skills I can teach kids and their parents. Not necessarily they will be artists. But they can manufacturer or create commercial items for sale. And I can teach them market, Internet market, buhgaltery. I don't have special education but rich experience. And of course I don't want to be paid. But doing this volunteer work I cannot stop create and sell mine. Do I need work permit for such activity? Thank you.
        Reply

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