Is it legal to run USA LLC from Thailand on thia Elite visa ?

[troubled soul]

I read very confusing information online about running single person USA LLC from Thailand..
If you have Thai elite visa , Is it total legal to run USA LLC from Thailand ?
I am not looking for grey area or some bro science...
Is it legal in eye of Thai law to run USA LLC from Thailand using Thai elite visa ?
What is the best visa setup for running single person USA LLC for my digital business from Thailand ?

Thanks

 

[Marzio]

Instead of opening countless threads asking about any structure imaginable why don't you simply ask "My business is XYZ and i don't want to pay taxes, what are my options?"

 

[troubled soul]

Instead of opening countless threads asking about any structure imaginable why don't you simply ask "My business is XYZ and i don't want to pay taxes, what are my options?"

Already did ...but could not get any useful practical answer....as you know I want to run Digital USA LLC business tax free......with Dubai seems very difficult as New corporate tax....and I do not want to play into grey area....and Bro science ....Trust me bro type of things....can you advice me any simple setup ?

 

[Marzio]

Already did ...but could not get any useful practical answer.

Link to that post

 

[troubled soul]

Link to that post

How to avoid Controlled Foreign Company (CFC) Rules ? is there any loophole or structure/setup to avoid it ?

How to avoid Controlled Foreign Company (CFC) Rules ? is there any loophole or structure/setup to avoid it ? ? As example Dubai resident, Register single person USA LLC...as per CFC and UAE New corporate tax , USA LLC will be subjected to 9% tax.,... If there anyway to avoid this ? Like...

www.offshorecorptalk.com

 

[Marzio]

You didn't state your case so you can only expet to get general answers and waste time by going after any structure that you can think of.

Say "My business is [crypto trader, FBA seller, you name it], I want to pay [maximum amount of taxes you are wiling to pay] and i'd like to stay [desired country]." and i'm sure you'll get more useful answers

 

[troubled soul]

You didn't state your case so you can only expet to get general answers and waste time by going after any structure that you can think of.

Say "My business is [crypto trader, FBA seller, you name it], I want to pay [maximum amount of taxes you are wiling to pay] and i'd like to stay [desired country]." and i'm sure you'll get more useful answers

Sorry for my mistake........
Next time I will be more careful ...
What will be your suggestion for this ?
My business is web developement , I want to pay zero tax.... and i'd like to stay Dubai ....

Best tax free setup for Web development business...for Dubai resident

As New corporate Tax introduce.....but still There is no personal tax...so want to get benefit of this.. I want to register my Web development business...with tax free status What will be the solution for this while being resident of Dubai ? Thinking of USA LLC...as It is tax free and cheap. but...

www.offshorecorptalk.com

 

[JackAlabama]

Sorry for my mistake........
Next time I will be more careful ...
What will be your suggestion for this ?
My business is web developement , I want to pay zero tax.... and i'd like to stay Dubai ....

Best tax free setup for Web development business...for Dubai resident

As New corporate Tax introduce.....but still There is no personal tax...so want to get benefit of this.. I want to register my Web development business...with tax free status What will be the solution for this while being resident of Dubai ? Thinking of USA LLC...as It is tax free and cheap. but...

www.offshorecorptalk.com

Also add if you run it alone/have partners, have employees or freelancers, is it more like a big corp or more as a one man show.

 

[troubled soul]

Also add if you run it alone/have partners, have employees or freelancers, is it more like a big corp or more as a one man show.

noted...but I think I already mention single person USA LLC

 

[JackAlabama]

noted...but I think I already mention single person USA LLC

Sure, but that does not automatically let one deduct how your biz is really operated.
You could for example operate with another partner who gets the clients for you and you pay a % for these refs to him or whatever.

That being said, you are a one man shop doing web dev entirely on your own having like a handful of clients?

 

[troubled soul]

That being said, you are a one man shop doing web dev entirely on your own having like a handful of clients?

Yes one man show

 

[wellington]

I read very confusing information online about running single person USA LLC from Thailand..
If you have Thai elite visa , Is it total legal to run USA LLC from Thailand ?
I am not looking for grey area or some bro science...
Is it legal in eye of Thai law to run USA LLC from Thailand using Thai elite visa ?
What is the best visa setup for running single person USA LLC for my digital business from Thailand ?

Thanks

Thailand is very simple.

You own a company overseas, it generates revenues, you receive a dividend, you wait till the next tax year, you can bring the funds in, tax free.

It's territorial based.

Running/Operating a company from Thailand doesn't follow some of the strict requirements like elsewhere whereby as you run from Thailand, the Thai Government deem it to be taxable within Thailand.

 

[SasuT]

Thailand is very simple.

You own a company overseas, it generates revenues, you receive a dividend, you wait till the next tax year, you can bring the funds in, tax free.

It's territorial based.

Running/Operating a company from Thailand doesn't follow some of the strict requirements like elsewhere whereby as you run from Thailand, the Thai Government deem it to be taxable within Thailand.

Mmh, US LLC doesn’t distribute dividends. Am I wrong ?

 

[hkrlh1]

Mmh, US LLC doesn’t distribute dividends. Am I wrong ?

"Thailand
Residence-based taxation.
Taxes foreign income of residents: Yes*
* Only if the income is remitted to Thailand in the same year when it is earned."

International taxation - Wikipedia

en.wikipedia.org

Worldwide Personal Tax and Immigration Guide 2022-23

Governments worldwide continue to reform their tax codes at a historically rapid rate. Taxpayers need a current guide, such as the Worldwide Personal Tax and Immigration Guide, in such a shifting tax landscape, especially if they are contemplating new markets.

www.ey.com

 

[Marzio]

US LLC doesn’t distribute dividends. Am I wrong ?

You are correct but we don't know how Thailand sees US LLCs

If Thailand sees US LLC as opaque then income is considered like dividends

If Thailand sees US LLC as transparent then income is considered like business profits

There are some countries that considers US LLC as opaque, for example UK and other that considers US LLC as trasparent like Cyprus.

 

[backpacker]

You are correct but we don't know how Thailand sees US LLCs

If Thailand sees US LLC as opaque then income is considered like dividends

If Thailand sees US LLC as transparent then income is considered like business profits

There are some countries that considers US LLC as opaque, for example UK and other that considers US LLC as trasparent like Cyprus.

What is a Permanent Establishment in Thailand?

Want to start a Permanent Establishment or PE in Thailand? If there is a DTA between your nation and Thailand, the process is easy!

www.konradlegal.com

 

[Marzio]

I was only answering the question if US LLC distribute dividends

We all agree that managing US LLC from Thailand will create a PE but rest assured that some folks will manage their offoshore company from Thailand anyway relying on non enforcement.

 

[Mercury]

“Carrying on Business” and “Having a (taxable) Permanent Establishment” in Thailand

“Carrying on Business” and “Having a (taxable) Permanent Establishment” in Thailand - Lorenz & Partners -

www.lorenz-partners.com

Check Table 1

Tax implications of remote working in Thailand | HLB Thailand

The new mode of working, the long-term resident visa for work-from-Thailand professionals focuses on attracting remote workers to relocate to Thailand to work.

www.hlbthai.com

Double Tax Agreement between the United States of America and Thailand (including examples) |HLB Thailand

The Double Tax Agreement entered into force on 15 December 1997 and is the first income tax convention between the two countries

www.hlbthai.com

Let's say a Thai resident manages (online) his single-member US LLC that does business 100% outside of Thailand (no interaction with TH customers/providers/banks) from his either rented or owned personal accommodation.

From what I understand and according to US-TH DTA I don't see how he could trigger any "Asset PE", "Activity PE" nor "Agent PE"... Am I missing something?

 

[Marzio]

From what I understand and according to US-TH DTA I don't see how he could trigger any "Asset PE", "Activity PE" nor "Agent PE"... Am I missing something?

Beside the fact that "home office" is akin to having an office, that he is providing servive from Thailand without working permit and that at some point he will ask his customers to buy his services you aren't missing anything.

At some point you guys need to be intellectually honest.

If you are the only one managing a company and the company isn't resident in the formation country, where do you expect to be tax resident? Nowhere?

C'mon.

 

[Mercury]

Beside the fact that "home office" is akin to having an office, that he is providing service from Thailand without working permit and that at some point he will ask his customers to buy his services you aren't missing anything.

I agree with you regarding work permit although assessing what people are doing on their laptop at home (including determining home as place of management) is practically unenforceable. Of course, if you could get a work permit (implying properly structuring yourself with local company/substance) for remote work you are performing online then you will be taxed accordingly.

If you are the only one managing a company and the company isn't resident in the formation country, where do you expect to be tax resident? Nowhere?

Being consistent with the above: Not getting a work permit implies not working in Thailand implies no local source income.
Then, as long as this loophole still applies:
"If you are a tax resident of Thailand, foreign-sourced income, which includes business income from employment, rental income, interest, dividends, royalties, capital gains, etc., that is paid, brought in, or remitted into Thailand within the same calendar year would be subjected to Thai income tax."