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ResourcesCorporate and Tax AdvisoryThailand Corporate LawYes, Foreign YouTubers Need Work Permits in Thailand

Yes, Foreign YouTubers Need Work Permits in Thailand

Transcript of the above video:

As the title of this video suggests, we are discussing YouTubers in Thailand and the issue of work authorization. I thought of making this video after reading a recent article from Thai PBS World, that is thaipbsworld.com, the article is titled: Revenue Department to tax YouTubers, online vendors and influencers. Quoting directly: "YouTubers, social media influencers and online vendors are to be taxed on advertising revenue, sales of merchandise or donations earned through their channels, according to Lawaron Saengsanit, Director-general of Revenue Department." Now obviously the thrust of this article, and I urge those who are watching this video to go check that out for yourself, but obviously the thrust of this article is one regarding tax in Thailand, less so on work authorization. 

As we have discussed in prior videos, the definition of work in Thailand is very, very broad to the point which one could argue breathing or moving your arm or moving your leg could be deemed to be work, really, it really could be. We have done that analysis; we have gone into the definition of work under the Thai Labour Code. We did that some years ago, we made videos on that, I will try to go ahead and put a link to that in the description but the thing to take away from this video is yeah, YouTubing in Thailand I think most definitely could be considered working in Thailand. Obviously it could be considered as such because the Revenue Department is saying "hey look, we are going to tax the proceeds of that endeavour". So again even if you take the position of, and I have seen this position taken before, "hey I am volunteering in something. I am not being compensated, therefore does that make it not work?" No that is not how it works. We have discussed that in other videos but I understand the argument. You could say, "well I am not getting paid so therefore is it truly work?" At the end of the day as we have discussed prior, under Thai Law, yeah it is, but that argument doesn't even apply here because we are talking about people that are making money. So yeah clearly we are looking at a situation where work authorization is going to be required.

Now those out there who are YouTubing, have been for some time, I am not Chicken Little here, I am not saying the sky is falling. That said if you are in a position where you are perpetually on YouTube out in the open sort of thing, it is probably a good idea to go ahead and get a Work Permit if you are going to be undertaking those endeavours here in the Kingdom of Thailand.