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Answered3 years ago

What type of visa should I apply for if I'm planning to conduct an art project in Thailand and share proceeds?

Aspen ******
asked Mar 2, 2024
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I'm a two dimensional visual artist, and I've planned a project in Thailand, painting and photography, of the people and places. After selling a particular piece I wish to share a percentage of the proceeds with the subject, and with a charity. I'm an American citizen and I believe a 60-day tourist visa is appropriate, but after reading stories about "working" in Thailand, I'm concerned. Should I apply for something else? A business license, perhaps?
Answer summary
The individual is considering a 60-day tourist visa for their art project in Thailand but is concerned about the legality of selling art and sharing proceeds with subjects and charities. Community feedback indicates that if the art is sold and proceeds are involved, a work permit is necessary, regardless of whether profits are shared. If they plan to engage in business-related activities like selling art in Thailand, they should explore options for the appropriate visas and permits, as tourist visas may not legally cover this activity.
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Oliver **********
Oliver **********
Your art must be very plane
Aspen ******
Aspen ******
OP
@Oliver *********
your poetry doesn't illuminate. Would you mind another attempt at it?
Oliver **********
Oliver **********
@Aspen *****
but to answer your question, I don't think you have anything to worry about, especially if you don't sell the art in Thailand. If you do want to sell it here, you could give it to a Thai person or gallery to sell and raise the money. You'd have to trust them implicitly of course. Some people will tell you that according to the letter of the law you can't do anything productive that would take a job from a Thai. And yet foreigners do all sorts of creative things here without consequence. I wouldn't worry at all
Oliver **********
Oliver **********
@Aspen *****
good luck!
Aspen ******
Aspen ******
OP
@Oliver *********
thanks. Obviously, I completely missed the pun. :-D

I appreciate your advice.
Oliver **********
Oliver **********
@Aspen *****
it's a pun. Two dimensional
John *********
John *********
That is incorrect feedback. You stated “the proceeds…..” That means you are doing your trade in exchange for money. It doesn’t matter if you give an away every penny, it’s still paid job requiring a work permit to be legal.

If you don’t accept money, then it is not a “job” and you can perform your trade and give it all away or keep it for yourself.

Working without a work permit may cause you to get banned for a time.
Aspen ******
Aspen ******
OP
@John ********
thanks. That is my concern. Where I sell is an issue, possibly, or perhaps it solves the problem. If I ship the paintings back to America to a gallery for sale, am I still working in Thailand? If I post the images online and sell through a website, but also choose to retire ( and get a retirement visa) is that work?
Mark *********
Mark *********
As best I can see across the net there is no evidence that you are anything other than a hobbyist. That maybe hobbyist with aspirations. But in either case you would be no different from thousands using tourist visas and legitimately so, meaning for and in Thailand. There is no way that you can access anything else here in Thailand. However Thailand is not particularly normal in a region where a tourist visa can cover work-related activity and/or where a business visa is simply readily available (meaning on demand, no backdrop of invtations, etc). You should be looking to say Malaysia, Vietnam, Cambodia if you want to find more "blurry", more flexible and more realistic visa regimes, at the least to cover business meetings. If we are to ignore my first comment about "hobbyist" it would stilll be the case that all you have described is business meetings. At an aesthetic level those countries may sound less appealing than Thailand but that is likely only through having accepted greater commercialisation in Thailand. Hill tribes are the perfect example to consider.
Aspen ******
Aspen ******
OP
@Mark ********
thanks, I appreciate your efforts.
John **********
John **********
The first thing you need to do is look at the reserved occupation list, many "artistic" occupations are covered. If what you do is on the list your done. If it's not your next thing to look at is if you can get a work permit and visa. Failing that you can only do it illegally
Aspen ******
Aspen ******
OP
@John *********
thanks. I appreciate your advice.

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