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Everything posted by stat
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That is what I expected: Ask 2 lawyers get 3 different answers. This will be a whole new level <deleted>show if TRD decides to follow through (big if but only my gut feeling). It shows one thing. be prepared for the worst and have several layers of insulation if push comes to shove. Everything we discuss here can only be used to have as many layers of insulation as possible (Gifts, creditcard usage, remittances of money earned before 2024 etc)- Godspeed to all of us!
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Can you recommend an agency that does that? I am currently not in Thailand nor did I have interest from a thai bank account but I need a tax certificate from TH (TIN also needed for tax certificate). It is my understanding that I can opt to pay voluntarily a token amount and get a tax certificate. Why TH is not willing to issue a tax certificate (without having paid taxes) stating Mr. X has lived for more then 180 days in TH and is therefore a tax resident is beyond me.
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Sorry have to disagree here, there is no "international obligation" to tax your tax subjects. It is neither tax evasion nor money laundering if you are a tax resident of Thailand and pay no taxes because TH does not want to tax it. Same as in the UK, CH, PH, etc. Why should it be illegal to avoid taxation on money transfer? There is a legal exception being the LTR Visa, nothing illegal there.
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If you think there will be no problems from a tax audit you have no experience whatsoever of a tax audit. All tax audits I was part of (professionally and personal) were a big surprise show where usually the parts I thought were tricky went without any problems but in other areas they "invented" problems.
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If you think this issue is solved you are sadly mistaken as the whole amount of problems will start to surface in March 2025. Thai RD will not put anything clear out as that would involve hundreds of pages which translates to work and possible loss of face. TRD is quite happy with the opaqueness for a variety of reasons.
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All the banks that I know of are compliant once they are provided with the correct information from the OECD. Did you provide the OECD information? There are a lot people in the compliance department who do not have a clue and just stick to the usual process. Any bank can close the account if they wish to without any specific reason. Nothing you can do if the bank does not want to have foreign residence customers.
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5. Requirement to collect TINs Paragraph 30 of the Commentary on Section I provides that a TIN is not required to be reported with respect to a Reportable Account held by a Reportable Person with respect to whom a TIN has not been issued. Should a Financial Institution request a Reportable Person to obtain and provide a TIN, in case such Reportable Person is or may be eligible to obtain a TIN (or the functional equivalent) in its jurisdiction of residence, but is not required to obtain a TIN and has not obtained a TIN?Answer: No You are not required to get a TIN in TH and therefore the bank in your jurisdiction cannot force you to get a TIN.
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Stating that "most others members have been able to understand this" is an insult to me and Grumpy. Every member who has an other understanding then you does not understand the topic (pathetic). I am in contact with several members who severly disagree with 90% of your statements, but because of recent "events" do not dare to voice their concern.
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The questions and comments from TroubleandGrumpy are very helpfull and touch the very basic problem of who has to lodge a tax return. So far you have not provided an RD link that states that. The PwC link is good and points in your direction, however there a tons of people who are a tax resident in this country and have NEVER lodged a tax return me included. PwC of course has an interest that millions of expats need to file a tax return.