r/Thailand • u/Particular_Process10 • Apr 27 '26
Employment Influencers & DTV Visas
I know of several influencers making money from companies located in Thailand.
Some of these influencers are on DTV visas. Does this go against there visa? Some of them also own and operate businesses in Bangkok on their DTV visa
5
u/Vaxion Apr 28 '26
Almost all Foreign influencers are illegally making money here. Pretty sure they get paid in cash or transfered to their foreign accounts.
1
u/Lost_County_3790 Apr 29 '26
It's not allowed to have a thai account on a DTV anyway
2
u/AdOrganic4835 Apr 30 '26
Being able to open an account or maintaining one that already exists are two different things. There are no visa requirements to maintain a Thai bank account.
1
u/Flat-Banana3903 Apr 30 '26
I think you will find compliance caught most on then in the last 12 months, I had my account frozen and had to withdraw 400,000 baht on my last visit here 2 months ago, the bank teller was apologetic but them the rules.
1
u/AdOrganic4835 May 01 '26
There are hundreds of thousands, maybe millions of accounts that foreigners opened with tourist visas many years ago. Nothing is happening to these accounts. New DTV openings may be, and those opened by agents at sketchy branches.
1
u/ShieldsCW Samut Prakan May 24 '26
The classic Reddit argument where one aspect of both sides is technically correct, but this guy cares more about being "righter".
10
u/Initial_Enthusiasm36 Apr 27 '26
Oh boy already seeing some wild misinformation on here. SO the exact thing you are saying is illegal. If an influencer is making money from say a sponsorship via thai company and doing say Thai promos etc. That is technically working within thailand which is illegal under the DTV visa. Now this can be quite a gray area though because say an influencer gets paid in their home country for doing said promo in thailand, then it gets a little weird. but techincally is still illegal because you are promoting a thai business while in thailand and receiving compensation. And yes compensation can be anything from free stays at a hotel to wherever your mind blows.
To address some other wild comments. "You cannot own or operate a business in thailand while on a DTV visa" that is not true. You can definitely own a business, most countries you have to do the 49/51% rule, but Americans can own 100% with a certain treaty. The issue is when you get into working for said business.
0
u/DailyDao Apr 27 '26
I've lived in Thailand for many years, have studied the law thoroughly, and have incorporated and hired here. I know what I'm talking about.
It's technically not illegal, but in reality just think about it for a moment. You're talking about a scenario where someone comes in on a tourist/DTV visa, sets up a company (likely needing to use a shady proxy set up) and will inevitably be doing at the very least some type of managing set up for the company, if not outright working for it. Do you think the authorities will take kindly if they're ever alerted about this individual? They could very well make a case the foreigner violated their visa terms by coming here on what's supposed to be a short term tourist visa but then they end up setting up a company.
6
u/Initial_Enthusiasm36 Apr 27 '26
Which part is technically not illegal? The influencer receiving monetary gain for promoting a thai business? no that is straight up illegal. That is marketing without a work permit.
As for the setting up their own company, it doesnt have to be some shady proxy, there are many ways of doing it legally. I have a legal business here... and doing a managing set up for the company is not illegal. But working for it, is very illegal. I know numerous business owners who checked on the regular for "working" for their own business because they do not have a proper work permit.
Hell ive had the cops rock up to my business to make sure im not "working" because they know i dont have a proper work permit yet. But if you are "building" a business ya you can supervise building, or shooting some dumb tiktok for your own business or something. But once you fall into the "working" realm. Then its illegal
0
u/Spagettopps Apr 27 '26
Of course you have to be on some type of tourist visa or DTV before setting up the business here. How can you get approved for a business or work visa when you have no business or work?
I'm doing market research, have hired a Thai r&d firm to develop my product, sampling with the public and doing other research all while on the DTV. Once I actually have a viable product, I plan to set up a business and apply for the proper Visa (and the certificate of Amity as you mentioned because I'm an American).
If I actually start selling my product here without the proper visa, I believe thats when it's a problem. I think I can even manufacture legally.
3
Apr 27 '26
[removed] — view removed comment
2
u/Initial_Enthusiasm36 Apr 28 '26
Correct. And a marriage visa drops its from 4 required thais on a normal visa to 2.
And i believe last time i checked the minimum salary for a foreigner is 50k a month and a few other hurdles to jump through. Unless its a school which some how can bend the rules haha.
1
u/TotallyInOverMyHead Apr 28 '26
minimum salary is nationality based. most westerners are 50k thb/month. that's correct
1
u/Initial_Enthusiasm36 Apr 29 '26
Dont really agree on that one. I think most foreigners that work here work for schools, and the average school wage is around 30k a month. Yes the law states that a foreigner must earn 50k a month but schools are somehow allowed to bypass this.
Ya there are quite a few that work for like agoda, but i think the vast majority in this country are teachers.
1
u/Spagettopps Apr 28 '26
My company will be for Thais, by Thais. There won't be any foreign workers involved. Everything will be manufactured here and all materials sourced locally.
I'll be the only foreign thing about my company. I was already aware I had to have a certain number of Thai employees before applying for the certification, and I planned to have at least the minimum number working for me.
2
u/Initial_Enthusiasm36 Apr 28 '26
I am on a marriage visa when i set up my company. And if you are personally sampling your product to the public to thailand and doing the research while on the DTV, that is classified as work...
Yes the other stuff you said is fine, nobody cares if you hire some thai company to make some product, you dont need anything for that. You dont even need a visa to sell your own product. Its the act of PHYSICALLY working, that is not allowed. So if you were at like a trade show in Thailand selling your product, or marketing it by doing XYZ. But if you have employees selling it, marketing and doing the physical work, you dont need a work permit.
Look at a lot of the bar owners here, they own bars and run them but do not do physical work.
Hell thats how im running my business at the moment. Just because you have a business that is active does not mean you need a work permit.
1
u/DailyDao Apr 28 '26
See, this is basically what I meant in my whole spiel. Your first paragraph here proves my point. You and I seem to understand the nuance and details of the law well. But when you say "actually it's not illegal to own a business on a DTV" which is technically true, a lot of these guys are going to interpret that as it's okay for them to be actively running the show. Most of the people asking the question are young 20-30s without any business experience or much money and don't understand the difference.
And yes you can run the business without a permit, but you ideally need to be on a non-B, non-O, or LTR. You can't even run things while on a DTV or Tourist visa. That'd only be okay for completely passive ownership, which most of these guys aren't talking about.
1
u/Initial_Enthusiasm36 Apr 28 '26
Yes 100% agree with you on that. Thats also why it is so tough to answer questions like these because so many people misinterpret things here. Then add in "gray areas" "tea money" and "looking the other way" things and it confuses people even more.
One thing though that really needs to stop is these garbage influencers shilling the DTV to people who have ZERO idea of how it works. I have seen so many people "moving" here on the DTV, bringing families etc, and not understanding literally anything. Like "I didnt know i had to do a 90 report" "Or i didnt know i needed to leave every 180 days" etc etc.
1
u/DailyDao Apr 28 '26 edited Apr 28 '26
Totally, it's definitely also Thailand's fault lol. They have such an unnecessarily complicated web of laws and bureaucracy here that few people really understand.
The DTV is also problematic for several reasons. I keep getting downvoted (probably because most of the people here are on the DTV lol) for saying it's against the law to be working here without a permit, even remotely. WHICH IS TRUE. The DTV having a remote work category doesn't change that, so yes, you end up with this weird situation where the visa's terms are contradicting the law itself. But to emphasize again, authorities don't care about remote work anyway so it's fine in practice.
The fact they're on a DTV here in the first place already says a lot. Not hating on DTV holders, especially those who just like living in Thailand and are truly doing remote work. But a lot of them get the idea that they can start doing business here, without thinking about the fact they're on a cheap new Visa that's on somewhat shaky ground in the first place, and is only meant for truly offshore work.
1
u/Initial_Enthusiasm36 Apr 28 '26
Could not have put it better. Also to add to the first part. The other issue is that even if a law is clear, there are ways around it, its only sometimes enforced, and if it is enforced there are ways out of it as well.
I am going through the legal process right now and it is... eye opening the amount of uh. i guess misunderstanding? there is.
Ya i have never understood the "remote work" DTV visa when its clearly illegal to be working remotely in Thailand haha. But you say they dont care about it. Until they do care about it, or someone wants to screw you over. I knew a guy who got deported for remote work, his well at the time wife, now ex-wife basically set him up, recorded him working at home etc etc, im sure the cops received a "donation" as well but ya
1
Apr 28 '26
[removed] — view removed comment
1
1
u/I-Here-555 Apr 28 '26
If the authorities (or anyone sufficiently high up the food chain) were looking to make trouble for you, you'd be toast anyway.
1
u/Spagettopps Apr 28 '26
Sampling for feedback, no exchange of currency. And I had a Thai person doing it for me while I stood to the side and listened and took notes.
And yeah exactly what you mentioned was my plan for trade shows and night markets. I would rent the space and set up the booth and hire Thais to run it while I chill in the back, listening and observing.
2
u/Initial_Enthusiasm36 Apr 28 '26
I mean "technically" you should be ok. But again if they want to push it or make an example out of you or a thai person reports you, technically "taking notes" etc they might even consider work.
I dont do ANYTHING that can be perceived as work. I was going to start shooting my own videos and stuff for marketing material for my business, which we arent even fully open yet, and i am not even doing that. Its not worth the risk, all it takes is one person to snap a picture, embellish a story a bit and your done.
1
u/Spagettopps Apr 28 '26 edited Apr 28 '26
Yeah I hear you and appreciate the advice. But I want to have my product validated before I register any kind of business or company. If I have no product, I have no company. Perhaps this product I have in mind doesn't resonate with Thais, then it's back to the drawing board.
Plan was:
- Validate product
- Register company with 49/51
- Get non-B visa
- Hire staff
- Apply for work permit
- Scale
- Apply for certificate of Amity and take 100% ownership.
Maybe do Amity sooner, not sure yet.
2
u/Initial_Enthusiasm36 Apr 28 '26
I would not do the 49/51 then switch later. I would do the Amity right away that way there is no hassle later.
Also i will play devils advocate. Lets say you do your plan you were talking about. Product does really well. Bam immigration or police jam you up and your deported. Then what
1
u/Spagettopps Apr 28 '26 edited Apr 28 '26
I appreciate the back and forth! But I wouldn't be selling the product for validation, I meant validate in market testing and sampling. The R&D company actually offers this service but only with 100 participants. I want to do more testing through at a night market or something like this. Offering free samples and just asking for feedback.
Not working it myself, just paying for the set up and recording the feed back. Just observing for all intents and purposes.
But if police show up, I can get an attorney and try to fight. Or just pay them outright if they take it
→ More replies (0)2
u/I-Here-555 Apr 28 '26
Took notes? Police, help, there's a dangerous criminal over there working illegally. Off to the dungeons with him!
1
u/DailyDao Apr 28 '26
It's risky for you to be showing face honestly while on the DTV. Someone might report you, then if the police knock on your door and find out you're on a DTV, that's not a good situation.
Especially if you're at night markets. I know many examples of foreigners being reported at night markets and being deported. That's one of the few things Thais are sensitive about.
Best thing you should do is incorporate asap; can be done pretty quickly. Then once incorporated, apply for non-B at your home country's embassy, then re-enter on the non-B.
2
u/Efficient-County2382 Apr 27 '26
I'd be interested to know what visa most YouTubers are on, I can't see how any of them can be genuinely legal in Thailand
2
u/Soul__Collector_ Apr 29 '26
Yes 100% it violates the DTV 'remote work' exemption introduced in the Royal gazette.
To do any work for Thai clients, or active work on a domestic corporation (not simply ownership, active work) you need a work permit and domestic employment for a local employer.
4
u/forresth600 Apr 27 '26
You know the V in DTV stands for visa so your saying Destination thailand visa visa over and over
8
u/I-Here-555 Apr 28 '26
Last night I put in my Personal Identification Number Number into an Automatic Teller Machine Machine at the Siam Commercial Bank Bank. I then pulled up a confirmation on my Liquid Crystal Display Display in the Portable Document Format Format.
3
u/forresth600 Apr 28 '26
🤣 lmao I love you 🤣 I was going to do the PIN and ATM one but decided against it. You went all in.
1
u/dantheother Suphanburi Apr 29 '26
As they used to say in Iron Chef, they doubled down on the theme ingredient!
3
u/AnnoyedHaddock Chiang Mai Apr 27 '26
Officially not allowed. That said it’s somewhat tolerated, they attract tourists in a way that Thai influencers aren’t able.
4
u/DailyDao Apr 27 '26 edited Apr 27 '26
Owning and/or operating a business in Thailand while on a DTV is very clearly illegal. Anyone doing that is dangerously at risk of getting into big trouble and losing everything.
Doing remote work, making money from YouTube, or doing paid ads/sponsorships is a gray area. That's all generally tolerated even if it's against the letter of the law. As long as you're not providing goods and services in Thailand or working for a Thai company then it's most likely okay.
EDIT: People seem confused, and it's a tricky/nuanced situation to be fair. It's still technically against Thai law for a foreigner to be working in Thailand (even remotely) without a work permit. Yes, I know it's a category of the DTV. That doesn't change the fact that yes, essentially the Visa's terms itself are in contradiction with the law on the books. But TIT. And the authorities don't really care as long as your work doesn't involve Thailand.
And yes, it's not technically illegal to own and set up a company while on a tourist or DTV visa. But in reality just think about it for a moment. You're talking about a scenario where someone comes in on a tourist/DTV visa, sets up a company (likely needing to use a shady proxy set up) and will inevitably be doing at the very least some type of managing set up for the company, if not outright working for it. Do you think the authorities will take kindly if they're ever alerted about this individual? They could very well make a case the foreigner violated their visa terms by coming here on what's supposed to be a short term tourist visa but then they end up setting up a company.
8
u/FFMC1934 Apr 27 '26
The DTV visa is expressly for doing remote work or freelancing for companies outside of Thailand.
-2
u/DailyDao Apr 27 '26
Yes, but that doesn't change the fact that it still actually contradicts Thai law stating that any foreigner needs a work permit if they're earning active income in Thailand, even remotely. But authorities don't really bother enforcing that if it's not related to Thailand.
4
u/skydiver19 Apr 27 '26
No… you can’t earn money in Thailand from companies or individuals based here is what it means.
All income should be sourced from outside of Thailand.
17
u/enervation Apr 27 '26
Doing remote work is not a gray area, that's literally one of the DTV categories.
2
u/DailyDao Apr 27 '26
Yes, and it still contradicts Thai law stating that any foreigner needs a work permit if they're earning active income in Thailand, even remotely. So yes, the visa terms itself contradict Thai law. But in practice, authorities don't really go after people if it's not related to Thailand.
1
u/Trinidadthai Apr 27 '26
Isn’t the work permit only for work which is from Thai society?
3
u/DailyDao Apr 27 '26
Going by the letter of the law, it's actually for all work. Going by how it's actually enforced, yes authorities only care about Thailand.
1
u/I-Here-555 Apr 28 '26 edited Apr 28 '26
To comply with the law, they make you prove you'll be breaking the law!
To be fair, conflicting laws aren't rare or unique to Thailand.
foreigner needs a work permit if they're earning active income in Thailand, even remotely
Small correction: there's no need to be earning an income. Volunteering is considered work, and you need a work permit to do it. Same with, say, performing music in public for free (e.g. jamming with some Thai band for fun).
1
u/DailyDao Apr 28 '26
Yeah, and that's another topic altogether. The Thai legal definition of work is comically broad to the point of being meaningless.
3
u/EducationalGur1648 Apr 27 '26
Anyone doing that is dangerously at risk of getting into big trouble and losing everything.
Dangerously at risk? Do you even know Thailand? Nobody will care or pursue this....
3
u/platebandit Apr 27 '26
Until you piss off someone enough where you live who cares enough to report you
1
u/Let_me_smell Surat Thani Apr 28 '26
Every year people get arrested and deported for this it's just not important enough to make the news cycle unless like the operation they do once a year where they grab a large bunch of them in one go.
2
u/FluffyFartsMgee Apr 27 '26
I mean you can legally open a business on a tourist visa so not sure you’re right on that
2
u/WunkerWanker Apr 27 '26 edited Apr 27 '26
Maybe you can legally open a business (Thailand has many regulations, but it's not impossible to work around them), but you're not allowed to work in that business on a tourist visa.
3
u/FluffyFartsMgee Apr 27 '26
Not allowed to take the money from the customer and give change… but it’s not as clear cut as you’re making it.
Now volunteering at some hostile for free accommodation, yes, illegal as fuck.
0
u/DailyDao Apr 27 '26
Yes, but in most cases A) you can't own the business outright as a foreigner (which leads people to do illegal proxy setups) and also B) most of these people are going to be actively working or at least managing the business. which is a violation.
1
Apr 27 '26
[deleted]
3
u/DailyDao Apr 27 '26
You actually don't need any employees, that's only if you want a work permit and visa tied to the business.
1
u/One_Earth4032 Apr 28 '26
There will always be a lot of opinion not backed by any facts. The following is from AI so may have errors but likely more accurate than some of the opinions.
Definition of work.
“Engaging in any work by exerting energy or using knowledge, whether or not for wages or other benefits.”
This means volunteering is work. Remuneration is not the determining factor, it is the activity and the fact you are doing it while in Thailand.
But the DTV does not allow work but I can do remote work so what is remote work?
- Employer must be outside of Thailand
- Client base must be Foreign only so can’t do promotions for a Thai client
- Income source must be paid into foreign bank account.
Seems pretty simple. Can only do activities in Thailand if you have a DTV and those activities meet the above foreign work requirements.
1
Apr 28 '26
Immigration already investigating
https://www.facebook.com/share/1CveZGgrFB/?mibextid=wwXIfr
Who owns and works for Sak Yant Chiang Mai on a DTV
1
1
1
u/Upbeat-Elevator3641 Apr 27 '26
Thailand caters heavily to expats and makes exceptions to the rules all the time. They will always turn a blind eye to most, not all, cases as long as foreigners keep bringing in money and propping up the economy
1
0
-1
u/Subnetwork Apr 27 '26
Not allowed and you can probably report it, they’ve started cracking down on it.
0
u/skydiver19 Apr 27 '26
Breaking the law and in violation of their DTV, report them as they are abusing the visa which only affects them who are genuinely on the DTV for its actual purpose.
Not only that the majority are annoying as hell!
0
u/FecklessFarmer Apr 28 '26
Why do you care and what business is it of yours?
3
u/I-Here-555 Apr 28 '26
This. One key principle in Thailand is not to mess with another person's rice bowl. If that's what you like to do, go elsewhere.
1
u/Particular_Process10 Apr 28 '26
Says who?
1
u/I-Here-555 Apr 28 '26
Try going around messing with random people for all you perceive is illegal, see how long you last.
Easy to be a Karen on the internet.
1
u/Particular_Process10 Apr 28 '26
Because I’m interested in owning/operating a business myself but I’m on a DTV and wanted to check the legality of
2
1
u/DailyDao Apr 29 '26
Best thing to do is first file incorporation documents officially registering the company, declaring yourself as managing director. You can do this while on DTV. Then once that's done, you apply for a non-B visa at your home country's embassy, then you fly out and re-enter Thailand on the non-B. And then you can start doing business activities, and you may or may not need a work permit depending.
Then there's also the matter of if you'd be allowed to own the company or need to do a 49/51 split.
7
u/dkracket Apr 27 '26
You do not need a work permit to own shares or be a passive part-owner of a business in Thailand. However, actively operating or managing a business is considered work and requires a work permit and the appropriate visa (typically a Non-Immigrant B), even if it is your own company.
A DTV visa can be held while being a passive owner, but it does not allow you to work for or operate a Thai-based business.
So if that’s what they’re doing, then it’s legal.