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ResourcesVisa & Immigration LawThailand Immigration LawDoing Online Business in Thailand: Company Setup and Work Authorization?

Doing Online Business in Thailand: Company Setup and Work Authorization?

Transcript of the above video:

As the title of this video suggests, we are discussing doing business in Thailand. Unfortunately, there are a lot of misconceptions out there about work authorization and whether or not people need work authorization, especially as it regards certain visas. The Interior Ministry itself has come out and said, anything "that impinges upon the Thai economy" requires work authorization. Then people will often ask well what is the definition of work?

I have done videos in the past where I get into the definition of work. It is very broad. You could argue in a way, breathing is work. It is basically undertaking any kind of effort can be considered work, so it is a very broad-based definition. That said, there is a lot of misconceptions out there that folks don't need a Work Permit, oftentimes because they are engaged in certain online businesses. If online business impinges upon the Thai economy - and that can be a pretty tenuous impingement - generally speaking, you are going to need work authorization. 

Now in my opinion, for most folks especially in many cases Americans, having a corporation in which to do business through, is oftentimes the most optimal strategy under such circumstances. So the thing to take away from this video and understand is, everybody's case is going to be very different. Going back to Americans, Americans may even be able to avail themselves of the provisions of the US-Thai Treaty of Amity to be able to own their companies outright notwithstanding the provisions of the Foreign Business Act here. 

That said, circling back to the main premise of this video, yeah even though you are doing business online, it does not mean that you are exempt from the need for work authorization here in Thailand, and oftentimes the most optimal way of obtaining work authorization and maintaining one's business here in Thailand is through a corporate structure that is set up in Thailand and that then you can avail yourself of work authorization i.e. a Work Permit and Business Visa here in the Kingdom of Thailand.