Digital Nomads Working in Thailand: What Counts as Work?

Can Digital Nomads Work in Thailand Without a Thai Work Permit?

To work in Thailand, a foreigner needs to:

• Hold an appropriate visa
• Obtain a work permit
• Pay taxes

But what actually counts as “work”? Is a digital nomad using a laptop in a coworking space working? What about a businessperson sitting in a hotel room preparing for a seminar? At what point does the Work Permit Office consider this to be work? This is a question that’s hard to answer with a simple yes or no.

The most important test the Work Permit Office uses to judge whether a foreigner is working is this: does the foreigner use energy, knowledge, or effort to produce something? If the answer is yes, this could mean the activity is work. That said, the authorities may not actively investigate or pursue every such case.

The Work Permit Office mainly focuses on a foreigner’s activities in these situations:

• Thailand’s security is broadly affected
• The foreigner’s activity takes away job opportunities from local Thai people

Going by these criteria, aren’t most digital nomads in Thailand effectively working illegally? Strictly speaking, yes. However, Thai law has no specific provisions covering the relatively new phenomenon of foreigners working online.

This article works through typical cases of foreigners “working” in Thailand, to help identify where the gray areas lie, and which situations are clearly illegal or likely to draw the authorities’ attention.

Typical Cases of Digital Nomads and Foreigners Working in Thailand

A digital nomad runs their online store from a coworking space.

Answer: A digital nomad can manage their online store without a work permit while staying in Thailand, even if some of their customers are in Thailand, as long as they are simply continuing what they were already doing before coming to Thailand. However, if their products or market are mainly sourced from Thailand, then yes, this is considered work, and it is a concern.

A web designer provides services to other digital nomads in Thailand.

Answer: Yes, this is clearly work, and they should obtain a work permit for it. This job could have been done by a Thai web designer, so the foreigner is competing with Thai workers and needs a work permit.

A foreigner sources handicrafts in Thailand and exports them overseas.

Answer: Yes, this is work, because the products are sourced from Thailand.

A foreigner sits in their apartment and teaches Chinese students online via Skype.

Answer: Formally, this is work. However, this is not currently a major concern for the authorities, so they allow foreigners to do this without a work permit. In this case, it would depend on the scale and context of the activity.

A travel blogger writes content about Thailand.

Answer: Yes, this is work, and it could be a concern. This job could have been done by a Thai person. In addition, to write the blog, the blogger uses information, resources, materials and images sourced from Thailand, and sells the content to an international market. Finally, the blog’s content could affect Thailand’s security or image. The blogger would definitely need a work permit for this activity.

When the blogger writes about many places rather than just Thailand, as part of a broader international travel blog, and is only briefly staying in Thailand as part of a longer itinerary, this is allowed without a work permit. But when the blogger focuses mainly on Thailand, they need a work permit. Even if the blogger doesn’t earn any money from their blog, they are still using their knowledge and ability, and the content is sourced from Thailand, so they need a work permit. That said, unless a problem arises, the blogger is unlikely to be a main focus for the authorities.

A businessperson travels to Thailand for a few weeks and carries out business activities on behalf of their company.

Answer: No work permit is needed. The businessperson can meet business partners, discuss business opportunities, source products, and even present goods to potential buyers and sign contracts on behalf of the company, because this is a temporary activity.

In addition, Thailand has an agreement with the International Labour Organization (ILO) that allows foreigners to carry out business activities in Thailand in this way.

Other Related Cases

A foreigner owns several apartments and rents them out.

Answer: Formally, foreigners are prohibited from engaging in any real-estate-related business — this is one of the occupations foreigners are barred from. A foreigner must register the business and cannot hold more than 49% of it. However, when this only involves one or two apartments, it is not considered work; but when someone has 10 units for rent and is clearly running it as a business, this is considered work. If the foreigner purchased the apartment purely as an investment and does not carry out any rental work themselves, but instead hires a local Thai person to handle the rental on their behalf, the foreigner does not need a work permit.

A Thai-foreign couple owns a restaurant, and the foreigner is involved in managing it.

Answer: This is a common and sensitive case. If the foreigner simply sits in the restaurant without serving customers, training or managing staff, cooking, or purchasing supplies, they do not need a work permit. But if they take part in any of these activities, formally, they need a work permit.

However, another provision of Thai law applies in this situation, covering small family businesses, which allows the foreigner to help take care of their family’s business. So in practice, a work permit usually isn’t required.

A foreign yoga teacher regularly or permanently teaches at a yoga studio.

Answer: Yes, this is clearly work and requires a work permit.

A foreigner plays music at a bar or restaurant to entertain guests.

Answer: Yes, this is work and requires a work permit. This is a job that could be done by a local Thai person.

About Income

The Work Permit Office’s main criterion for judging whether a foreigner is working is not about income. Even if a foreigner earns no income in Thailand, they may still be considered to be working. That said, payment and payment channels can be taken into account when judging individual cases.

Conclusion

In most cases, a digital nomad who stays in Thailand long-term (months rather than weeks) for the purpose of “work” can officially be considered to be working. This means they actually need a work permit, and working without one is illegal.

The authorities have so far allowed this because it hasn’t been a major concern — Thailand’s jobs and security have not been threatened, and there have been no reported problems. If problems arise in the future, or Thai law is adjusted, this tolerant approach could change.

If you believe you fall into one of the situations described above and need a work permit to keep working legally in Thailand, you can look into a Thailand Work Permit application.

Related reading: Thailand launches the 180-day DTV visa — application requirements, fees, and points to note (the latest details).

Have a question about this guide? Leave a comment below, or ask Zagdim directly.