# Can I continue my UK business?



## Leah962 (12 mo ago)

Hi, I'm self employed as a therapist and also a director for a social enterprise. All work that can be done online and would continue to be serving UK/US customers. My partner is taking a job in Thailand and I should be getting a dependant spouse visa. Do I have to give up my business entirely or can I work online? Most of the info I've found seems to be talking about employment or starting businesses that trade in Thailand. Thanks


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## Moulard (Feb 3, 2017)

There are both visa and tax considerations that come into play in Thailand

I don't have time to get up to speed on all the current Thai visas and conditions but generally work restrictions apply to any activity that would normally be remunerated that are performed IN a country. There is no mention of who the clients are or how one is paid etc.

If your visa has some sort of No Work condition then you would be in breach of those conditions. You would need an appropriate work permit.

Given you mention a Directorship there could also issues related to compliance with any UK Companies Act requirements. Its not uncommon for Companies Acts to require tax residence of at least one Director. So if you are the sole Director, you may need to another Director to ensure the social enterprise meets its UK requirements.

If you do have a work permit, note that Income for both independent personal services are typically considered sourced where the work is performed, not where it is paid, so your income would be considered Thai sourced and Thailand would have the primary right to tax that income. 

Yes, this sort of illegal digital nomad work arrangements are common, Yes, the chance of actually getting caught are remote, Yes the Thai Work Permit office is really designed for domestic work rather than digital work so it may be a hassle to get a formal answer


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## Leah962 (12 mo ago)

Moulard said:


> There are both visa and tax considerations that come into play in Thailand
> 
> I don't have time to get up to speed on all the current Thai visas and conditions but generally work restrictions apply to any activity that would normally be remunerated that are performed IN a country. There is no mention of who the clients are or how one is paid etc.
> 
> ...


 Thanks Moulard, it's so difficult isn't it? I'm not the sole director of the SE but I am the only executive director so i may need to look into that. What a shame, it seems like I'll have to close my own business then. I'm the kind of person that can't sleep at night if I accidentally take a pen I borrow, I wouldn't be able to cope breaking the law!


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## Moulard (Feb 3, 2017)

Yeah... most companies Acts require a domestic Director to ensure that they are within legal reach from a compliance perspective, you may will just have to appoint a resident Director.

I suspect the Work Permit office is more concerned about you taking a job a Thai might fill rather than remote working. The biggest issue is that you might require you to set up a local business for tax compliance etc given your company will in essence have permanent establishment in Thailand.


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