What are the requirements for working in Thailand on a DTV visa, considering tax and employer responsibilities?

Nov 1, 2024
4 days ago
My employer based in Germany wants to know if there are any requirements for him if I work for him permanently in Thailand with the DTV.

He is aware that tax and social security matters need to be clarified. But are there any other requirements that need to be taken into account?

He is worried that he will have to deal with the Thai authorities.
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TLDR : Answer Summary
When working for a German employer permanently in Thailand with a Digital Nomad Visa (DTV), the employer needs to clarify several key aspects to avoid legal and tax complications. Firstly, they should ensure that the employment contract specifies that the remote work is exclusively for the employer and does not involve Thai entities, limiting any implications with Thai authorities. Furthermore, if the employee stays in Thailand for over 186 days in a year, they may become a tax resident, which requires filing taxes in Thailand. Both tax and social security laws must be understood, as these differ significantly from those in Germany. The employer's liability is limited as they are not formally establishing a legal entity in Thailand, thus mitigating most responsibilities regarding Thai tax authorities, provided the employee is compensated outside Thailand.
DTV VISA RESOURCES / SERVICES
Juri **********
gibt probleme mit dgsvo gedöns

meld dich aus deutschland ab

hol die April KV über staatenlos.ch

und meld ueber wyoming agents eine US LLC an (kostet nur 200 300 euro)
Robin *********
All tax and social security rules of Thailand apply to your employer, if you stay there longer than 186 days. He is responsible to comply to every rule. So most employers limit remote work to EU countries. As a freelancer it's your own duty to follow the law, the client just pays the bills you send.
Anonymous *************
ORIGINAL POSTER
@Robin ********
@Greg *******
your opinion on this?
Greg ********
Anonymous participant As for tax if you are tax resident in Thailand it is your responsibility to complete your own tax return. all the employer in Thailand will do is give you a document stating your salary and other benefits for the year, shares allotted, medical benefits etc. I have just done this from 2019 to 2023. I think people are overthinking thas and alloting complexity where there is none. Currently Thailand only taxes tax residents on monies remitted to Thailand where aessable. You are not currently taxed on worldwide income like say the UK.
Robin *********
@Greg *******
you cant overthink German tax laws ;-) there is a tax for everything, even if you move abroad (in some cases called Wegzugssteuer)
Greg ********
@Robin ********
I understand I am not aware of German tax laws and do not make any comments on them. I do understand an overseas legal entity ie company/employer would be covering their back with regards to any future liabilities. My current view, and I may very well may be wrong, is that DTV holders will not get caught up in the Thai tax system anytime soon. It is only this year many retirees here "Should" be completing a tax return. There are well over 50k foreign retirees here. I would wager well over 90% have never completed tax return and that number will not increase by much next year These are people who in all probability are Tax Residents. As for DTV unless they tie Immigration systems to the Thai tax system it is a very complex matter to assess who is a tax resident - I would not hold my breath :-).
Robin *********
@Greg *******
I agree with you, DTV holders will most likely not be caught up in the Thai tax system.

The problem in this case are German work and tax laws, as a employee working abroad permanently is establishing a so called "Betriebsstätte" (like a foreign branch of the company). That has a lot of awefull tax and social security consequences for the employer himself (not necessarily the employee). Most German employers limit remote work therefore.
Greg ********
@Robin ********
Off topic and maybe not relevant here but it does illustrate how you can get caught up years later. An IT contractor at Sky TV we worked with got caught up for taxes a few years later. He had been contracting in Belgium and "forgot" to pay his taxes when he left. He was driving to Netherlands for Christmas and got stopped for speeding in Belgium - it came up on the system he owed taxes. He was detained till he paid :-)
Greg ********
@Robin ********
I totally understand the employers point of view. These situations are complex and you do not want any surprises a few years down the road with any liability. When I have been employed outside the UK (Singapore and Thailand) I was employed by the local legal entity of the company - not working remotely from UK or Japan HQ. When I contracted as freelancer in Belgium that was complex. The DTV holders need to sort out the situation with their "home" employers. I doubt Thailand cares for now!
Anonymous *************
ORIGINAL POSTER
@Greg *******
I think I will use a tax consultant the first time, as soon as this is relevant.
Robin *********
Anonymer Teilnehmer Sozialversicherungssystem

Begründung des Status eines „Multi-State-Worker“

Höhere Beitragszahlungen für Arbeitnehmer und Arbeitgeber

Steuerpflicht des Mitarbeitenden

Begründung einer beschränkten oder unbeschränkten Steuerpflicht im Ausland

Besteuerungsrecht könnte dem Ausland zugewiesen werden

Mögliche unterjährige Doppelbesteuerung

Verpflichtung zur Abgabe einer Steuererklärung im Ausland.

Quelle:
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Greg ********
Anonymous participant It would be a good idea but please use one with experience and qualification. Too many have popped up since the rule changes announced a year ago. I would not trust the majority of them to handle my pocket money never mind tax returns. Many of them were Financial Advisors selling dodgy financial products one day collecting commission and the next day international tax consultants using FUD (Fear uncertainty and doubt) marketing. My tax returns were done by this company for the last 5 years v- no idea of the cost as the company paid. They will not be the cheapest but they have global reach and are experts in their field. They even got me a tax rebate from Thai Tax authorities one year which everyone said would never happen. 🙂
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Greg ********
Anonymous participant If you are not employed by a Thai legal entity in Thailand then there is no SS payable by either the employer or employee in Thailand - how could there be? The DTV is specifically set up to allow remote work external to Thailand. PS he even gets the number of days wrong
Sebastian ***********
Following
John **********
Your employer should make it very clear in your contract that you can only work for them and that you can do so remotely from Thailand. It should probably also stipulate that you can't work for or with any thai entity on their behalf and that you must ensure that nothing you do creates any relationship between the company and Thailand
Greg ********
I can understand the employer's need for clarity - does not want any surprises down the road. I do not think he will need to deal with Thai authorities if you sort out your tax and social security elsewhere. You cannot pay SS in Thailand unless you are employed by a Thai company and if you are then you will not be on a DTV. The DTV is basically an extended tourist visa - it is not intended for residence but it is pretty obvious you are using it for this. Complexity comes with that.
Vitaly ********
The easiest way to do it is to fire you and switch to contract-based employment. I know lots of people working for multinational companies headquartered in Germany and everyone based outside Germany (EU, US, Ukraine, Russia, Brazil, you name it) are on "freelancer"/"consultant" contracts (working full time, some people have been working like that for more than a decade)
Alessandro *********
@Vitaly *******
here in Czechia as a freelancer you need at least 2 clients or they think you trying to avoid some taxing not being employed and using this strategy, so need to be careful and the law about this, maybe those countries have no problem but others may have
Greg ********
@Vitaly *******
I think it is the same poster but I suggested that yesterday.

Become a "Contractor" to your current employer through your own limited company. Set up this company in a low tax territory ie Dubai, Singapore etc. Invoice your employer for the work and have it paid to your own company. Only bring into Thailand what you need to live.
Raphael ********
@Greg *******
you lose the advantage of having a work contrat.
Greg ********
@Raphael *******
Yes - that is the trade off. When I was a contractor I had no sickness or holiday benefits etc from the company I was actually doing the work for. However, the compensation should be a lot higher and you can take other advantages such as pay yourself in directors dividend (lower UK tax rate for this than employee) rather than salary etc. In my career I went both ways a few times. Employee (permit), then contracting, back to employee then contracting then permie again. The individual really has to look at their own situation and the risk/benefit analysis.
GenesisFritz **************
1. And what is your nationality

2. DTV is design for nomads whose employment and work is base outside Thailand

3. The visa actually for the very purpose that you will not deal with taxation and any government processes..
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Greg ********
@GenesisFritz *************
But people are looking to be "Resident" in Thailand even though this is a "Tourist Visa". There have been many posts indicating this ie what happens after 5 years living here, how do I import my personal goods etc. You are tax resident if you are in Thailand 180+ days. If so they will have to deal with Thai Tax Authorities (in theory).
Anonymous *************
ORIGINAL POSTER
@Greg *******
regarding „If so they will have to deal with Thai Tax Authorities (in theory).“

The employee yes, but not the employer, right? The employer no longer pays tax at his location, while the employee in Thailand pays tax on his income at the Thai tax rate via his tax return - because Thailand has the sole right of taxation.
GenesisFritz **************
Anonymous participant wrong you don't pay tax inside Thailand under the DTV visa...please don't confuse the people for UN unfounded information....
Anonymous *************
ORIGINAL POSTER
@GenesisFritz *************
Of course I am liable to pay tax in Thailand (or in other words Thailand has the right of taxation) if I stay in Thailand for more than 180 days in total per year. I am then considered a tax resident there.
GenesisFritz **************
Anonymous participant of course not...DTV does not allows you to stay more than 180..that's why every 180 you have to extend which reset your visa to 1 day again...so don't be confuse and don't bring that unfounded confusion
Anonymous *************
ORIGINAL POSTER
@GenesisFritz *************
It's not about 180 days in a row, but in total per year. For example, if I leave after 170 days and re-enter two weeks later and stay for 60 days, I have a total stay of 230 days and am a tax resident.

What you mean is that my stay in relation to the visa is reset when I leave the country. Yes, with the DTV I get a new 180-day entry when I re-enter the country and always start on day 1. However, this only relates to the visa and the length of stay and does not change the usual international classification as a tax resident if you have spent 180 days or more in a calendar year in Thailand.
GenesisFritz **************
Anonymous participant hahaha oh my goodness anyway...it's good you pay tax .....there is nothing wrong about it....but don't use that to confuse others
Anonymous *************
ORIGINAL POSTER
@GenesisFritz *************
Everyone should be aware of the tax principle I mentioned, which has long applied to many nationals on the basis of double taxation agreements. What the individual makes of this is up to them.

It is still common practice, albeit not legal, for foreigners to pay tax on their income in their home country despite being tax residents in Thailand.
GenesisFritz **************
Anonymous participant awareness is good but unfounded information brings confusion rather than awareness, beside that you even hide yourself while spreading awareness seems your spreading rumour than to inform....
Anonymous *************
ORIGINAL POSTER
@GenesisFritz *************
Revenue Department of Thailand:

„Taxpayers are classified into “resident” and “non-resident”. “Resident” means any person residing in Thailand for a period or periods aggregating more than 180 days in any tax (calendar) year.“

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GenesisFritz **************
Anonymous participant hahahahah...anyways Im tired to spend the debate with you...
Anonymous *************
ORIGINAL POSTER
@GenesisFritz *************
I have provided proof that my statements on taxation are correct. If that makes you tired, I accept that. ✅
Anonymous *************
ORIGINAL POSTER
@GenesisFritz *************
These are not rumours, but information that can be found in the double taxation agreements, government sites and is also referred to on all kinds of lawyers' websites and reputable sites for expats.
Greg ********
Anonymous participant Not understanding the question
Anonymous *************
ORIGINAL POSTER
@Greg *******
sorry - I have corrected and clarified my answer.
Greg ********
Anonymous participant Ah yes. The employer overseas has no legal entity in Thailand and is not paying you through that legal entity so owes nothing to the Thai Authorities. There is a Thai Social Security payment for Thai employees owed by a Thai employer. It is not very much - for employees it maxes out at 750 THB a month or a 15k TYB a month salary (If I remember correctly). The benefits are not actually bad for such a low amount. Govt hospital treatment and unemployment 🙂
GenesisFritz **************
@Greg *******
180 days up, but this visa expires every 180 days which you need to extend 1 time inside Thailand or go out of Thailand..so basically the taxation law does not apply to the holder.
Greg ********
@GenesisFritz *************
Sorry but no. It is 180+ days in a calendar year which happens to be Thailands tax year. It is total days in Thailand in the year not consecutive days as you are implying. So for example you entered in January - left after 180 days. Then re-entered a month or two later before the year end. You are then deemed to be a Thai Tax Resident. I do hope you are not offering tax or visa advice.