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Belaws Home ›› Thailand ›› Blog ›› Exploring the best options for Digital Nomads in Thailand

visa

Exploring the best options for Digital Nomads in Thailand

09/02/2023

The remote work trend continues to grow even though the world has moved on from the pandemic. As a result, more and more people are discovering the benefits of being a digital nomad. With its lush tropical landscapes, vibrant culture, and affordable cost of living, Thailand is a top destination for digital nomads. 

In this blog, we’ll take a closer look at the potential options for those interested in being a digital nomad in Thailand.

Opening a Shop in Thailand

Key points

  • Thailand does not offer a specific visa for digital nomads.
  • The new LTR visa is not suitable in practice due to the strict application requirements and the complex process.
  • Visa Elite does not allow the holder to work in Thailand (unless the visa elite holder invests at least 30 million THB in certain assets).
  • Setting up a Thai limited company is cumbersome as 4 Thai employees and a 2 million baht investment are required to sponsor one work permit.
  • A Representative Office is a potential choice for digital nomads with a reduced ratio of 1 Thai employee for one foreign employee.
  • PEO services are the most common option.

What is the current status of digital nomads?

With the continuing popularity of Thailand as a destination for digital nomads, it is surprising that there is not a specific visa available for digital nomads. There are, however, existing visas or options available that are only sometimes suitable for digital nomads. Examples include:

  • The LTR Visa
  • The Visa Elite
  • Thai Limited Companies
  • Representative Offices
  • PEO/sponsored work permits.

The LTR visa

The Long Term Resident visa aims to attract wealthy or professional expats to Thailand by making it easier to apply for a long-term visa and take advantage of numerous perks. Holders of an LTR visa will be eligible for many attractive benefits which have been designed to make a living in Thailand long-term easier and less bureaucratic.

These privileges include the following:

A discounted personal income tax rate

Holders of the LTR visa will be able to take advantage of a special Personal Income Tax (PIT) rate of 17%. The current PIT rate for normal employees is taxed at a progressive rate (from 5 to 35%). (Source)

Permission to work in Thailand

Holders of the LTR will be eligible for a Digital Work Permit. 

The removal of the requirement for employers to hire four Thai citizens per foreigner

One of the drawbacks to forming a traditional company structure (Private Limited Company) in Thailand is the restrictions on hiring foreign staff. You are required to hire 4 Thai employees for each foreign staff member. This quota does not apply to LTR visa holders.

While the LTR may seem like the perfect option for a digital nomad, in reality, there are more viable solutions. The reason for this is because of the complex and strict application requirements. For example, under the LTR, a digital nomad would look to apply as a Professional working in Thailand. Professionals Working in Thailand are broken down into two categories. Applicants from both categories must have earned a minimum of USD 80,000 over the past two years. However, individuals in category one must hold intellectual property rights, while those in category two must hold a class-A scholarship and have completed five years of research.

Unless the applicant can satisfy the strict application criteria, the LTR may be out of reach for many people.

The visa elite

The visa elite is often touted as an excellent option for those who wish to obtain a visa that allows them to live long-term in Thailand.

The Thailand Elite is a long-term Visa program allowing qualified members to remain in Thailand for either 5, 10, or 20 years.

The Thailand Elite consists of seven different program choices, each with unique advantages, costs, and validity periods. Please note that the Thailand Elite program requires the payment of a membership fee.

The Thailand Elite membership fees start from 600,000 THB for the 5-year Elite Visa. While this may seem a lot, if you prorate the fee, it would equate to 120,000 THB per year (3,620 USD per year) to come in and out of Thailand worry-free.

However, digital nomads may have better choices, as holders of this visa are not permitted to work (except if the visa elite holder invests at least 30 million THB in certain assets). Contrary to the LTR visa mentioned above, the criteria for applying are fairly simple as long as you can pay the visa fee and have never overstayed in Thailand.

Thai limited company

A Limited Company is Thailand’s most popular form of business structure. This is due to the flexibility offered to business owners. 

Thai Limited Companies are the Thai equivalent of a Limited Liability Company (LLC). Limited Companies are made up of both directors and shareholders. Limited Liability means that the shareholder in a Thai Limited Company can only ever be liable for the capital they invested only.

Requirements to register a limited company in Thailand

  1. A minimum of three shareholders is required.
  2. The liability of each shareholder is limited to the value of their shares.
  3. The directors are responsible for managing all company affairs.
  4. A ratio of 4 Thai employees per foreign employee hired is required to support a Work Permit.
  5. A minimum Capital Requirement of 2 million Baht per foreign employee is required.
  6. If the company is more than 50% foreign-owned, the company can only engage in business activities that are not restricted under the Foreign Business Act or other regulations. Foreign Business licences or Thai partners will be required to undertake restricted activities.

Therefore, forming a Thai limited company may not be practical. The requirements for doing so may be complex, expensive, and time-consuming for a digital nomad to justify doing so. Furthermore, the need to hire 4 Thai staff members to obtain a work permit is excessive and would defeat the purpose of being a digital nomad i.e., freedom and flexibility. 

Representative Office

Having a Representative Office in Thailand is a great way for foreign companies to enter the Thai market with a 100% foreign-owned vehicle. A Representative Office could be a potential option for a digital nomad with an established business abroad (a registered head office in another country is required as part of the company registration process).

One of the key benefits of a Representative Office is the reduced requirements for supporting a foreign employee’s Work Permit. A ratio of 1 Thai employee per foreign employee hired is required to support a Work Permit. Furthermore, Representative Offices do not require a Foreign Business licence, which removes a significant burden.

However, a Representative Office can only perform “non-income related activities” as permissible by laws. Therefore, the Representative Office is not allowed to earn income in Thailand. The permitted activities for a Registered Office are as follows:

  • Training and development;
  • Technical assistance;
  • Financial management;
  • Control of marketing and sales promotion planning;
  • Product development; and
  • Research and development.

A minimum investment of 2 million Baht over the first three years following the registration is required to establish a representative office.

PEO services

Digital nomads looking to move to Thailand may have considered setting up a company or Representative Office as a potential solution to work in Thailand long term. However, these options may not be viable due to the complexity associated with setting them up. Furthermore, visa options such as the Elite and Education visas do not allow the holder to undertake any work.

One alternative is to use a Professional Employer Organization (PEO) service, also known as a sponsored Work permit. PEO services allow digital nomads to obtain a work permit easily. Obtaining a work permit, as mentioned above, is a mandatory requirement for anyone who intends to work in Thailand.

PEO services provide employee management services and administrative assistance. Such services and assistance include payroll processing, onboarding, recruiting, benefits management, and HR services.

A PEO allows you to register an employee with the relevant authorities using a company in Thailand as the employer of record.

  • Establish the payroll protocols, including salary amounts, Thai labour contracts, etc.
  • Distribution of the monthly salaries to staff following previously agreed upon protocols.
  • Organise and pay all required social insurance contributions, Withholding Tax (WHT) and personal income tax (PIT).
  • Redistribute monthly reimbursements.

Some of the most important benefits of using a PEO include:

Faster Market Entry

A PEO service means your company does not have to wait for the company registration approval or apply for business licences and other costly things associated with establishing an entity in Thailand. This means you can quickly enter the market and take advantage of opportunities.

Payroll Solutions

One of the challenges for foreign companies expanding to Thailand is implementing a compliant payroll system. Countries like Thailand have different laws regarding payroll, and it is difficult for foreign companies to understand the nuances of Thailand’s employment laws and regulations. A PEO service removes this burden.

Being Thai tax residents, the employee will have a Thai tax ID number and pay taxes in Thailand on the Thai-sourced income only provided that foreign-sourced income is not remitted into Thailand within the same year. 

How can Belaws help?

You can talk directly to one of our experts for more information about being a digital nomad in Thailand.

Talk to an expert

For a full list of our visa services, please click here.

This article is for information purposes only and does not constitute legal advice.

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Frequently asked questions

digital nomads pay tax in Thailand?

Yes, digital nomads are subject to Thai tax law and are required to pay taxes on their income if they earn income from sources within Thailand.
Holders of the LTR visa will be able to take advantage of a special Personal Income Tax (PIT) rate of 17%. The current PIT rate for normal employees is taxed at a progressive rate (from 5 to 35%).

Where in Thailand is best for digital nomads?

There is no single “best” location for digital nomads in Thailand as it depends on personal preferences and requirements. Some popular cities for digital nomads include Chiang Mai, Bangkok, and Phuket.

Is it legal to work remotely in Thailand?

Yes and The remote work trend continues to grow in 2023 even though the world has moved on from the pandemic. As a result, more and more people are discovering the benefits of being a digital nomad. With its lush tropical landscapes, vibrant culture, and affordable cost of living, Thailand is a top destination for digital nomads.

How much does it cost to live in Thailand as a digital nomad?

The cost of living in Thailand as a digital nomad varies depending on factors such as location, lifestyle, and personal preferences. On average, it is possible to live comfortably in Thailand for around $1500 to $2000 per month.

How do I get a 10 year Thai visa?

The solution might the Thailand Long-term Visa, this visa aims to attract wealthy or professional expats, digital nomads to Thailand by making it easier to apply for a long-term visa and take advantage of numerous perks. Holders of an LTR visa will be eligible for many attractive benefits which have been designed to make a living in Thailand long-term easier and less bureaucratic.

Can I work online in Thailand on a tourist visa?

The answer is no, it is not legal to work in Thailand on a tourist visa. To work remotely in Thailand, a valid work visa is required.

How to be digital nomad visa Thailand?

To become a digital nomad in Thailand, you need to obtain the appropriate visa. Here are the steps to obtain a digital nomad visa in Thailand:

  1. Determine your eligibility: To be eligible for a digital nomad visa in Thailand, you must meet certain criteria, such as having a minimum income and being able to prove financial stability.
  2. Gather required documents: To apply for a digital nomad visa, you will need to provide supporting documents, such as a passport, proof of income, and health insurance.
  3. Choose a visa type: There are several visa options available for digital nomads in Thailand, including the Non-Immigrant B (Business) visa and the Non-Immigrant O-A (Long Stay) visa.
  4. Apply for the visa: You can apply for a digital nomad visa at the Thai embassy or consulate in your home country, or you can apply for a visa on arrival at a Thai airport.
  5. Renew the visa: Digital nomad visas in Thailand typically need to be renewed every year.

It is important to note that the process of obtaining a digital nomad visa in Thailand can be complex, and it is recommended to seek the advice of a professional immigration lawyer like Belaws.com

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