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Dogmatix

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Everything posted by Dogmatix

  1. Single cells available from 30k a week. Check on Booking.com. Food available from restaurants of your choice via grab for a 500% commission. Licquor and weed 1,000% mark up. Hard drugs by negotiation and depending on supply and demand.
  2. Clearly. Loan sharks will get on this offering advance cash of 5,000 now for your digital wallet in February. If store owners can't wangle selling whisky, trade 10,000 worth of soap powder, pampers, milk etc for 7,000 baht worth of whisky with a neighbour.
  3. Why not make it national for convenience of Thai migrant workers in cities.
  4. The gift tax amendment doesn’t say it only covers gifts from Thai sources, unlike the inheritance tax law that specifies inheritance from anywhere is taxable (making it the only foreign income taxable for individuals whether remitted to Thailand or not). The Q&A reference to gift or maintenance income is disjointed because it is doesn’t specify this type of income from overseas being exempted up to 20m. But why mention it, in this context, if not? However, this is just a PR piece from RD not signed by anyone. I would say it is somewhat encouraging that gifts can be used but another interpretation is possible that gifts of foreign source income by a tax resident are deemed assessable.
  5. So you don’t even know what you declared on your tax return because you let someone do it for you online and you can’t read Thai. Since there is no way of deducting your SS income, if you enter it into the top line, she obviously doesn’t enter it at all. Proves the point that exempted or non-assessable income is not declared on PND91 whether it is SS income, land sales or whatever.
  6. The solution is simple. If you believe you have to declare income that is exempt, under a DTA, go ahead and declare it, enclosing a covering letter in Thai explaining why with supporting documentation. Don't file online because there is on way to claim a tax credit or exemption and the software will calculate the tax and make you pay it.
  7. It's true. Every Isaan village has it's collection of alcoholics who are drunk on lao khao and yaa dong from early morning onwards. Brick weed has been readily available for decades and is much cheaper than the legal weed which villagers can't afford. I'm sure brick weed causes problems in villages, particularly with some youngsters, but nowhere near the catastrophic order of magnitude of alcohol.
  8. I think my example of Thai land sales is helpful here. I could sell land for 100 million and payment would most likely be in the form of a cashier cheque paid into my bank account with probably some paid in cash that I might also pay into my bank. This would be a reportable transaction under money laundering law, I believe, and the RD, if it looked at the transaction, would find that the purchaser of the cashier cheque was an individual which could mean anything, including a sale of shares in a private company which would be taxable or a gift over the tax free amount. However, I am under no obligation to report this transaction because sales of land are taxed at the Land Office on a transactional basis and don't push up the progressive tax rate on your income. I could make 90 million baht profit on this land sale and still not have enough other income to need to file a tax return at all. Unfortunately, however, a similar sale of immoveable property overseas will push you into 35% tax.
  9. Actually I believe that is exactly how it works. Take the example of income from Thai dividends or land sales in Thailand. The RD can presumably see that coming into my bank account but I don't have to declare them and claim tax credits because they are not assessable since tax has already been withheld from them. Why would non-assessable foreign source income be different? As I said there are very few types of income that "shall" be taxed in the other country under DTAs. So it is a very narrow category anyway. If the inspectors come round asking about those remittances, showing them that they were non-assessable income covered by a treaty should satisfy them. If not, sue them in the Central Tax Court.
  10. Your numbers are not correct. A single taxpayer gets a 60k allowance and there is a nil tax band up to 150k a year. If you have staff and they earn more than that, ie 210k a year or 17.5k a month, you have to deduct withholding tax based on that basic allowance. If they earn less than that, you don't deduct anything and they don't have to file a tax return. For most employees who have had withholding tax deducted, it is beneficial for them to file a tax return. Since tax is withheld applying only the basic deduction, they will be able to claim a tax refund, if they qualify for more deductions, e.g. for having elderly parents, children, being over 65, paying life or health insurance premiums etc. However, it has to be said that only 3.3 million people paid income tax in Thailand in 2019. So the addition of, say 200k, foreign pensioners to the tax net could conceivably increase the number of souls trapped in the income tax net by 6%. However, I don't think it would be worthwhile in terms of net effect on the total tax take, including VAT and tax on sales of condos and land etc.
  11. I would say a DTA can be invoked to justify not declaring income that is not assessable in Thailand, i.e. US SS which cannot be taxed in Thailand according to the treaty. Apart from that and government service pensions there is little or nothing else where the treaties say "shall be taxed" in the contracting state that pays it. Where the treaties say "may be taxed" you would have to declare the income and claim a tax credit, where tax has been paid. If you have not yet paid tax on the income, you would have to pay full Thai tax on it and claim a Thai tax credit on your foreign tax return.
  12. Found this on the website of an international law firm, called Watson, Farley and Williams with an office in Bangkok. They point out that P. 161/2566 is merely an administrative directive to RD officers and is not law (and therefore not binding on taxpayers). And they expect that it will have to upgraded into a legal amendment, presumably either through a Royal Decree or an Act of Parliament. https://www.wfw.com/articles/recent-development-in-thai-tax-on-foreign-sourced-income/ IMPLICATION FROM THE DEPARTMENT INSTRUCTION NO. PAW 161/2003 If enacted and upon it becoming into effect, a Thai Tax Resident will be liable for PIT when their Foreign-Sourced Income is brought into Thailand, regardless of the tax year in which the income was earned. A press release issued by the Revenue Department on 18 September 2023 further added that the amount of tax paid in the source country that acceded to a double tax treaty (“DTA”) with Thailand could be applied as a tax credit as Thai PIT payable, in accordance with rules stipulated under an applicable DTA. Whilst this new instruction could have significantly affected PIT implications, it is worth noting that at this stage the Departmental Instruction is an internal guidance for revenue officers, rather than law. As such, it is anticipated that this proposed instruction will be escalated to legislative channel before it is officially implemented as law. London Trainee Megha Vijh also contributed to this article. The Q&A that the RD provided on P. 1610/2566 shortly after its announcement skirted around the issue of its legality. Below is my own translation of Q11 and the answer. QUESTION #11 Is Revenue Department Order No. P.161/2023 a law or not? Are taxpayers under a legal obligation to comply with this order or not? ANSWER: It is not a law. It is an order explaining the meaning of the Revenue Code Section 41 paragraph 2. Taxpayers have a duty to comply with the law in paying taxes. Thus the this type P. administrative order from the director-general of the Revenue Department is considered a guideline for Revenue Department staff to follow in order for them to provide advice to taxpayers, so they may follow the law correctly. The answer looks like a mealy mouthed and self-contradictory attempt by the director-general to give himself the authority to unilaterally reinterpret or amend the Revenue Code through a RD administrative order to staff which will then be binding on taxpayers. However they had to admit it does not have the force of law which would logically mean it is not legally binding on taxpayers. With this shoot from hip, edict happy Thaksinite government with an absentee finance minister directing the RD anything is possible. However, you would think that the RD legal department would advise against leaving a reinterpretation with such wide ranging implications as a mere administrative order to staff on how to advise taxpayers with no force of law, so that it can be readily challenged in the Central Tax Court which might actually find against the RD director-general for over reach of authority. If there is to be some form of enactment, that would involve at the very least, I imagine, a cabinet resolution involving some discussion among the coalition ministers and possibly some revisions. However, as I said, anything seems possible with this flakey blast from the grim past government with its concerns focused squarely on short term political self interest and no cares about negative implications for the Thai economy or fairness towards taxpayers who have organized their affairs to comply with a 38 year old interpretation of the law.
  13. The PND94 forms you linked is for businesses to file their their half yearly tax returns. Those are English forms that can be filled out online and printed out for reference but can't be filed. There will be a Thai version you can fill out online and print out to file manually with the RD, To file online, you have to register online and fill out an interactive form in Thai which does the calculations for you. If you have Thai dividend income, you can even have that transmitted directed to RD and it will all be printed out and calculated on the form.
  14. I really can't see the RD making any concessions for foreigners and certainly not based on what type of visa they are on. Everything in the Revenue Code is based on tax residence, not whether you are a Thai or a foreigner. The only concession to foreigners I have ever heard of is the Royal Decree for LTR visa holders and that was obviously pushed by the BOI as a marketing tool and the RD probably had its arm twisted to agree to its principle of equal taxation for all nationalities. Who would be championing the course of retirement extension holders against the RD and finance ministry? The BOI champions the cause of LTR visas and Thai Elite champions the cause of Elite Card holders but no part of the government champions the cause of retirement extension holders who seem to be merely tolerated along with marriage extension holders and no one in government cares whether they stay or go. Hopefully there will be a rethink or at least a clarification of this but, if anything happens, I would expect it to be applicable to all tax residents. One exception could money remitted to buy a condo, if the resort condos make enough noise but we haven't heard a peep out of them so far.
  15. For those who need to remit income, as or soon after it arises, from which tax is not yet been paid or deducted, it seems that they will have to pay Thai tax and claim the Thai tax credits later, rather than the other way round, if the income is from a country with a DTA. Taking the UK as an example. A retiree might remit a combination of state pension and private pension, from which tax is not deducted at source, in the month is arises to live on. (I am not sure of the rules for deduction of tax from UK private pensions but I have a small private pension that is paid to my UK bank account without tax deductions.) Actually in this example the retiree should have been paying Thai tax on income remitted in the year it was earned all along and who knows, if they will start auditing the past years of those who start filing tax returns showing income remitted as soon as it arises. It would be like shooting fish in a barrel, since nearly all would be guilty of Thai tax evasion under the old rules. Anyway you have to file the Thai tax return by end March and pay tax, while the UK tax year ends 5 April. So it is unlikely you will be able to produce foreign tax credits unless you are remitting income from the previous tax year which is tax free under the old rules. At any rate, it might be easier to pay the full Thai tax and claim the Thai tax credit at home, not counting the hassles of translation, because, if you pay tax at home and the Thai tax assessment is greater, you will have to pay the difference to the RD and claim the foreign tax credit anyway.
  16. It depends on whose life. The life of an Isaan peasant is not worth much to the government but they can't afford to look bad to the voters. The life of a police sergeant killed by a rich kid is worth nothing to the government or even the police.
  17. Will village shops that are not registered for VAT and whose owners don't file tax returns qualify for the digital wallet anyway? I doubt it.
  18. Of course it is nothing to do with abductions, scams, a sluggish Chinese economy and real estate sector with huge NPLs on the verge of collapse.
  19. Is it possible to get tax certificates from HMRC on tax paid in the UK for tax credits? When I rented out a house in the UK and didn't yet have the overseas landlord exemption from withholding tax on rent, I had to push the agent to get tax certificates for the amount of tax they had withheld to give to the accountant who did my UK tax return. It was not a hard copy document with stamps and signatures like Thai government departments like. it was just a electronic certificate that could be forged by anyone. I have no idea if similar certificates can be obtain for income tax payments and, if so, would the RD accept them, if not stamped and signed in hard copy.
  20. It will work the same way it does now. Tax is withheld from salaries and all other assessable income has to be declared by the taxpayer on a PND91 form, i.e. self assessment. You pay the tax you have self assessed immediately after filing your tax return. They will ask for documents supporting any income declared or deductions claimed that are not automatically notified to them. They may dispute your self assessment and ask you to pay more. They will have access to information about remittances and the inspector teams check things at random but have a long backlog. I was summoned for an audit for my company going back to 2016 in 2021. So, if something looks not right in your 2024 tax return, you could be audited in 2029 or later. That means the interest you have to pay on the back taxes and penalties will be greater.
  21. Not blaming you. Just the dictatorial shoot from the hip style of the new government. I think it is clear that US SS will not be taxed. No need to worry about that but other nationalities have no similar protection.
  22. Srettha is being sent off on endless glad handing roadshows by Thaksin, just like his alleged kik, Yingluck, before him. That leaves Thaksin's boys free to manage things without interference from Srettha. Some of these advisors are toxic like Kittirat who was an utterly incompetent finance minister and was responsible for the suicides of farmers who died like flies when Kittirat failed to pay them for the rice the had pledged under Thaksin's money spinner rice pledging scam.
  23. The Foreign Ministry last evening (Sept. 14) confirmed that Thais were not their special target. What a ridiculous comment by the Foreign Ministry. They were more than happy to kill and capture Thais as a bonus and were after Israelis and any other nationality visiting the area or working there. Otherwise, why would they have shot Thais and Filipinos and dragged them off as hostages?
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