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khunPer

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Posts posted by khunPer

  1. On 1/24/2025 at 2:45 AM, Joseph98765 said:

    I live Chiang mai and I spent 3 days in Tak. The hotel changed my residence address...from there all ok.

    Last week I had to do my TM47 and I put my address of Chiang mai doing the TM47 online and was rejected, because the address they have was still Tak Hotel, then I told my landlord to put me again in the system (TM30) and when she did after few hours later I did my TM 47 again...and was rejected again, but this time they told me come to immigration in person...WT*

     

    So when I went to immigration looks like every time you book a night in a hotel, your next TM47 you must to go in person to do it... or at least that's what the officer told me (and not very convincing because he had to ask someone about that). This rule is new in Chiang mai? because I've here for 10 years traveling and staying in hotels and I never had a problem to put my condo address after staying in a hotel 1 month before.

     

    I know every time you leave the country, yes is mandatory to go in person to immigration for your next TM47.......but even staying in a hotel in Chiang mai for 1 night I have to go?? they have a convenient online system and I don't have to waste one day of my work vacations for this sh*t..

     

    Did anyone has the same situation here??

    It's depending of the local immigration office.

    There iss a police order (don't remember the number by hearth) stating that you don't need to re-register a TM30 when you are temporary staying in other domestic places/other provinces, and even when travelling abroad with a re-entry permit.

     

    However, the immigration office where I stay don't follow the police order (I've shown it to them) and claims a new TM30 if one has been out of the province.

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  2. On 1/24/2025 at 8:00 AM, Travi said:

    We have a neighbour with Chicken, barking Dogs and noisy Birds. It drives me crazy.
    Is this allowed, how are te rules?

    How can we solve this problem?
    Thanks for you advice.

    1) I've had the same kind of neighbor – and even with a monkey screaming all day for a female to mate with...🙉 – I got used to it and even missed the monkey-sound after it died...😉

     

    2) To my knowledge, no useful rules.
    ("Always look on the bright side of life", and be happy that you are not neighbor to a late open karaoke bar...:whistling:)

     

    3) Often mentioned advice is to move. If you own your home, get a Thai to politely talk with the neighbor – or just have some patience as me in #1.

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  3. 10 hours ago, flyingtlger said:

    With the hot climate and unsanitary kitchen conditions all over Thailand, I am not surprised......

    Food poisoning can happen all over, even in countries with high food standard – in Denmark we call it "Roskilde disease" from a lager case in the city Roskilde in 1936...

    "63 guests at the world's best restaurant, Noma in Copenhagen, have been affected by Roskilde disease after visiting the restaurant" (March 2013).

    • Like 1
  4. 21 hours ago, alanrchase said:

    Not true if you are a Brit. He owns a house in the UK so HMRC will consider him domiciled in the UK and his worldwide assets will be used for inheritance tax calculations. The only good news is that you can get up to £175,000 tax free for the house making a total of £500,000.

    Please note what I mentioned about property, which might/will be handled in the state where the property is and of course after that state's law. That is why two wills are suggested by Thai lawyers. Heirs resident in Britain might also be taxed after British law, even that inheritance comes from abroad.

  5. Are you talking about being parent to a Thai child, or about a foreign child attended International school in Thailand?

     

    For the first the needed bank deposit is 400k baht, for the latter you need 500k baht.

     

    More useful information about guardian of a foreign minor (not more than 20 years old) studying in Thailand (copy link):
    https://www.krabiinternationalschool.com/visa-information/

  6. On 1/15/2025 at 2:03 PM, Jimmy B said:

    I have property and assets in the UK and I'd like to will everything to my Thai wife so, when I croak it, there won't be loads of IHT to pay.  My Thai wife doesn't have a British passport or connections in the UK. will my assets automatically pass to her as a non British citizen or do I need to do mountains of paper work to prevent UK government taking even more money. Has Anyone else dealt with this situation or can recommend a lawyer experienced in this field. Cheers.

    An estate is handled by a court in the country of primary residence. So, id you live in Thailand, it will be a Thai court and follow Thai law.

    Thai lawyers suggests to make two wills, if you have assets in both your home country and country of residence. Property might still follow law in the country where the property is places, even that the will is handled by a court in another country.

  7. 5 hours ago, CaptainPeacock said:

    @NoDisplayName I think in your case, if you do NOT have children in Thailand then my understanding is... (no Thai WILL, but legally married) EVERYTHING automatically goes to your Thai wife.

    Don't "think", but read the last of page 78, "When There Is No Will Or No Valid Will".

    Continued here on page 80...

    image.thumb.jpeg.d2764c7047e1bdc6c85f4a90ffc7e2c2.jpeg

     

    If there are foreign assets, the two Thai lawyers that wrote the book, recommend to make two wills. One will in Thailand that covers Thai assets following Thai law, and another in the foreign country (one's home country) following that law. I mentioned in mine wills that I have a will in the other nation covering my assets there.

     

    However, be aware of that the will will be handled by a court in the country of primary residence and will follow that nation's law (and taxes), but some assets might still follow national law, for example property.

    • Thanks 1
  8. 7 hours ago, tomster said:

    Thanks for all the replies.

     

    However, it still leaves the original question unanswered.

     

    If you are on the birth certificate but not married when the child is born, then marry afterwards do you get the same rights as you would get if you were married when the child was born, or do you need to either go to court or wait until they are 7 and do it at the local amphur.

     

    This guy seems to imply that you do get full rights by marrying (the last sentence of the video), but I can't see where on the internet that backs this up:

     

    https://www.facebook.com/watch/?extid=MSG-UNK-UNK-UNK-COM_GK0T-GK1C&v=395069283668798

     

    There are a few people I know that are living with their girlfriend and kids but are not married (including myself), it would be interesting for them (and me) to know what the actual law is on this is.

     

    Note this is not a visa related question, if you are living with the child and the mother and on the birth certificate immigration will give you a Non 0 extension.

     

    This is about the legal status of guardianship and what happens if the marriage then goes South and you divorce - are you then the father in the eyes of the law or do you still need to go to court.

     

    An example of how this might affect somebody in real life is putting a property in the child's name, if things went south and the relationship with the mother broke down after the remarry, if you were not registered properly as the father she could sell the property and you wouldn't be able to stop it, as far as I know.

    Or applying for a passport for another country for the child would require documentation saying you are the legal father, but would you have it if you married after the child was born...?

    If you have joint custody – as married or legalized parenthood – both parents need to be present in a number of cases, herunder obtaining or renewing a Thai passport for a minor (until 21 years old). Same might be the case with a foreign passport, my country (Denmark) require both parents to be present when applying for passport, both first time and renewing, as long as the child is minor (under 18 years in Denmark).

    To my knowledge sole-custody is a family court matter.

     

    When property is registered in the name of a minor, it is extremely difficult – if possible at all – to sell, transfer, morgate, or register any servitudes on the title deed. The common advise about using a minor as land holder is that ane registrations (loan, habitation rights etc.) shall be done before the land is transferred to a minor. It would be rare if a guardian can sell or transfer a minor's land.

     

    For banks it was in my case the by bank registered guardian that could handle the account. Some were registered with my girlfriend – the mother – as guardian, and she needed to sign. Other accounts were registered with me as guardian, and I could dispose. Both my banks could only register one guardian. The minor can have his/her own ATM-card at a certain age.

     

    A minor can hold shares – for example in a Thai company limited – but could in my case not get a trading account for SET equities; presumably because it a matter of buying and selling done by the guardian.

     

    In reply to the legal rights, here is an English translation of the articles in question in the "Thailand Civil and Commercial Code (part III)", which also answers you OP-question...

     

    Section 1546. A child born of a woman who is not married to a man is deemed to be the legitimate child of such woman.

     

    Section 1547. A child born of the parents who are not married to each other is legitimate by the subsequent marriage of the parents, or by the registration made on application by the father, or by a judgment of the Court.

     

    Section 1548. When legitimation is applied for by the father, the child and the mother must give consent to the applicant.

     

    In case where the child and the mother do not appear before the Registrar for giving the consent, the Registrar shall notify the child and the mother of the father’s application for registration. If the child or the mother raises no objection or does not give the consent within sixty days after the acceptance of the notification by the child or mother, it is presumed that the child or the mother does not give consent. The period of time shall be extended to one hundred and eighty days in case where the child or the mother has been outside Thailand.

     

    In case where the child or the mother raises an objection that the applicant is not the father, or does not give the consent, or is unable to give the consent, the registration for legitimation must be effected by a judgment of the Court.

     

    After the Court had pronounced a judgment effecting the registration of the legitimation and the judgment has been produced to the registrar for registration, the Registrar shall effect the registration

     

    Source link for English Translation of the full law (copy the URL-address):
    https://www.samuiforsale.com/law-texts/thailand-civil-code-part-3.html#1535

  9. On 6/7/2024 at 5:36 AM, LuckyG said:

    Does anyone know, FOR SURE, how to properly "finalize" a DIY Will in Thailand? 

    I am told by lawyers that wills are not filed or recorded with Courts in Thailand and I understand that a Will needs only 2 witness signatures, of the Testator's signature to be valid.....

    but, for example, If the will is 7 pages and page 7 is for Testator and witness signatures, what could prevent an executor from changing anything in pages 1-6?

    What puts the Will "in stone" or keeps it Final, once signed and witnessed? is Notarising the will a proper solution? If so, can this be done after the Witnesses have signed?  Thanks!

    You can place a signature on each page.

     

    You don'y need natarization, even a handwritten will without witnesses can be valid. The importance is that someone can find your will, when you have moved on; that's the benefit of having a will notarized at the local amphor-district office and kept in file there.

     

    Your can read about Thai wills here, from the book Thai Law for Foreigners...

     

    image.thumb.jpeg.c30c80465ca940234774e0c95a8c4fbb.jpeg

    • Thanks 1
  10. 3 hours ago, tomster said:

    No, he is not, he does not know I have posted it - I am doing so because I am in a similar situation with my second child and was wondering if anybody on here had done something similar.

     

    And as usual, he is asking different lawyers and getting different answers.

    In reply to your situation.
    I was not married to the Thai mother of my daughter. However, we had and still have an excellent relationship – we are living together as family – so nothing to worry about in my case, wherefore no DNA-test and court approval.

     

    At the child's age of 7 years you can apply for a fathership certificate at the local amphor-district office. Child and mother needs to be present and both confirm the fathership. This certificate was in my case thereafter legalized and used for my daughter's citizenship in my European home country.

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  11. Too many narrow studies, just one multi-vitamin per day is also fatal, according to a study. I agree with the scientists saying that 80-90 percent of all studies are junk-studies. Lots of other scientific studies state that a reasonable small amount – two glass/units per day for males, one for women – of alcohol is healthy. Probably, the most important for health and longevity is being happy...👍

    • Thanks 1
  12. 23 hours ago, oldcpu said:

     

    That is not precisely my understanding.  Although perhaps I read you words that i quoted wrong .

     

    My understand, per paw-161/162, that any foreign savings/income from BEFORE 1-Jan-2024 remitted to Thailand anytime in the future,  is not subject to Thailand tax

     

    However any income earned AFTER 31-Dec-2023 remitted to Thailand any time in the future may be subject to Thailand tax (dependent on specific content of DTAs and perhaps LTR visa category). 

     

    Maybe that's what you were typing and I my interpretation found the wording ambiguous.

     

    That is exactly what I'm saying, income from 1st January 2024  – no matter when it's earned, so no longer savings the following calendar year –  income before that date are savings.

    • Agree 1
  13. 21 hours ago, thesetat said:

    Im sorry... but why would they come to your home to check this? 2 reasons i am asking. 1- they have that information if you are paying already in their computer system. 2. You did not need to pay tax on anything other than income earned in Thailand previously. It only became active in 2025 that you would need to file by Mar. 31 if you have lived here longer than 180 days. 

    So perhaps you are leaving out pertinent information to make such a comment and because of this you may be making some old-timers fearful for knocks on their doors about paying their taxes.

    1) They were going to check all residents staying for more than 180 days, if they are paying their income tax, either to their home country or in Thailand. Easy information to get from Immigration and TM30-system.

     

    2) Yes, overseas income was at that time taxable to Thailand – depending of what is agreed in the individual DTAs – if transferred within the same calendar year (tax year) as earned. The new thing is that from 1st January 2024 – not 2025, as you mention – any foreign income is income taxable in Thailand, no matter when it's earned.

     

    And yes, if you are transferring foreign funds – not proven savings from no later than 31st December 2023 – including withdrawals in ATMs with a foreign plastic card, they are taxable in Thailand, if not already taxed according to the individual DTAs. In news it is stated that they are almost all slightly different from country to country.

     

    With my home country, Denmark, for example, the DTA clearly says that "pensions are taxable in both states". A DTA means that you won't be double taxed, but the highest income tax will be valid. My home country's income tax is higher than Thailands – it begins at 38 percent, Thailand only goes up to 35 percent – so pension from my home country will not be further taxed in Thailand. However, Thailand can still claim income tax, but shall later refund it. Another and more easy legal Thai-possibility is, not to double-tax pensions. The Thai tax officers accepted the official statement I have from my home country's tax department that my pensions are taxable there.

     

    It might be wise to get a tax liability-statement from one's home country, for future income taxation questions. You can see an example of such statement here, the one from my home country...

     

    image.jpeg.aa3cd5d613b63fd85a6c7dbb23c52c85.jpeg

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