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Can I apply for a DTV in Thailand with a newly formed US LLC that lacks substantial background?

DTV Digital Nomad Visa US LLC Thai visa application tax residency business background Dual Tax Agreement

Dec 21, 2024

a year ago

Anonymous *************

ORIGINAL POSTER

Hi, I'm planning to apply for the DTV in Thailand next year. My current situation is that I am self-employed with my Italian company, but I'm looking to transition to a US LLC in order to be able to live and work in Thailand legally, as it is not allowed to have both tax residency in Thailand and a VAT number in Italy at the same time.

My question is: If I create the LLC but don’t have a substantial “background” with it (since I'm creating for the purpose of relocating), is it still acceptable for the DTV application? I do have a business background in Italy with my VAT number, but I need to make this change to comply with the regulations.

I would appreciate any insights or advice on how this thing might affect my application.

Thank you in advance!

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TLDR : Answer Summary

The user is seeking advice on applying for the Digital Nomad Visa (DTV) in Thailand after transitioning from a VAT-registered Italian company to a newly created US LLC. They are concerned whether starting the LLC without substantial prior experience would impact their application, given that they need to comply with Thai regulations regarding tax residency. Responses suggest maintaining the current Italian company for the application, as well as verifying how tax residency may affect the DTV application.

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John **********

This seems very convoluted. I'd just stick with your current arrangement and keep paying your tax in Thailand. Being able to show tax paid will also help with your application. There's a Dual Tax Agreement between Italy and Thailand so you should be able to claim a credit against Thai tax for tax already paid in Italy. Check the DTA for details

a year ago

Christopher ********

U.S. LLC gets rid of your experience tho. They aren’t concerned with taxes on the visa for now but I would ask them if it’s ok to apply with a VAT number in Italy or someone who deals with that.

a year ago

Todd *********

What are you referring to with ‘it is not allowed’ ?

a year ago

Anonymous *************

ORIGINAL POSTER

@Todd ********

My bad, I didn't mean that literally, but according to the regulations, it's not possible to be considered resident in Thailand and Italy at the same time for the same income. Also, Italian tax rules could still consider me a tax resident if I maintain significant ties, such as having a VAT number and producing income through that company. Not exactly prohibited, but just a bad international approach.

a year ago

Todd *********

Anonymous participant understood. Is there and Italy/thailand tax treaty?

a year ago

Reply to

Todd *********

Greg ********

If it was myself doing this I woukd just use the Italy company for now and apply. You are not going to be tax resident in Thailand until well into 2025 if you stay 180 days plus and your tax return not due till March 31st 2026. Plenty of time to get DTV and then sort out location of your company legal entity.

a year ago

Anonymous *************

ORIGINAL POSTER

@Greg *******

Hi, thanks for the feedback, it's smart! One of the reasons I'm interested in Thailand is its territorial tax regime, which works well for a US-TH structure, but not ideal for IT-TH. Eventually, would it make sense to just explain the thing in the cover letter? It's not like there's anything wrong with it in the end, it's all legal.

a year ago

Pavel *********

Anonymous participant May I ask: why US-TH? Not, say HK-TH?

a year ago

Greg ********

Anonymous participant If I am being honest trying to explain anything in a cover letter will just complicate things and is a risky option. Always keep it simple when working with Thai beauacracy. Once you have the DTV for example with the IT company there is no need to tell Thai authorities about changes to a US legal entity in the future. They are not interested. Make it as straightforward as possible. I have worked with Thais for over 25 years. Brilliant to work with in Big Pharma and other projects. Keeping things simple gets projects delivered. Same as anywhere.

a year ago

Anonymous *************

ORIGINAL POSTER

Understood! Thank you for your insights. At the end of the day, I think providing information through my Italian company when applying for DTV is a solid option, just like you suggested. If it's true that they won't ask questions about it in the future, then that's even better.

a year ago

Greg ********

Anonymous participant I think you are choosing the correct and easiest path. Good luck with it!

a year ago

Reply to

Greg ********

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