Dogmatix

Re gift to spouse or child. The Revenue Code allows you to make gifts to them up to 20 million a year tax free. Over that amount tax is only 5%. Is it possible for them to gift it back to you without losing the tax allowance and having it taxed at the full rate, either in the same tax year or a later one. The Revenue Code doesn't specify how long the gifts have to be held for to avoid income tax. Also there is no rule like the UK has that makes gifts liable for IHT, if the donor fails to survive for another 7 years. The concept of gifting to a spouse seems at variance with the concept of conjugal property in the Civil and Commercial Code which holds that any assets acquired after marriage are common conjugal property which is applied in divorce cases. However, the 2017 amendment to the Revenue Code clearly contradicts that concept by specifically allowing the 20 million allowance on gifts to a spouse.

One problem the wording raises appears to be that income earned in a tax year you are tax resident is assessable when remitted to Thailand in any tax year. That appears to cut off the loophole to stay out of Thailand for over 180 days in a tax year to become non tax resident and make some large tax free remittances. With that wording they can argue that the remittance was taxable because the money was earned while you were tax resident, since the year it was earned is key, not the year of remittance, as it is not assessable income whenever remitted in any tax year. That would be odd, if you were not required to file a tax return in the the year you are not a tax resident but that appears to be what it says, whether intentionally or not. If not intentional, they would still be happy to close a loophole that many here have suggested they would use.

You don't get the 150k threshold twice, if you file jointly with spouse. You have to file separately, if you want that. But you do get all the allowances for each. I have filed both jointly and separately. Filing jointly is advantageous if the spouse has little or no income of her own and thus has allowances that she couldn't use, if she filed alone. If her income is significant, it might be better for her to file separately to get the 150k threshold for herself.

The RD usually sends a list of requested documents after you have submitted your tax return. The list is normally documentary evidence of any income or deductions that is not submitted to them automatically. For example, in my case, I have to submit slips for each of my Thai dividend payments and for many deductions. Thai insurance premiums and mainly sent directly to the RD these days as are some charitable donations. They are likely to want information on your offshore income and tax credits. If you file manually at their office with the help of an officer, you may be able to submit all the documents they want at the time. If you submit online, you upload documents you think they want but either way they will write to you with a list of documents they want, if they still need any. I have always waited for their list because the dividend slips are too many to upload online and I take it all round to the office in hard copy, as my RD office is just up the road. Last time the girl was really nice and checked the documents on the spot. What docs will they want for overseas income and tax credit? I have no idea.

The 100k deduction is only for income under Section 40 (3). (3) Fee of goodwill, copyright or any other rights, annuity or annual payment of income derived from a will, any other juristic act, or court decision. You get the basic personal deduction of 60K and the over 65 deduction of 190k on pension and any type of income. I have claimed those two on dividend income.

Even though they may be small numbers, people who have brought in income in the same year it was earned have been using the DTAs for decades. Since the system is already in place, the RD may not feel the need to modify tax forms to cater for it or issue any form of clarification on DTAs. They may just wait until their offices are clogged with farangs coming in to get RD staff help fill out their tax returns.

The RD might come to visit you to do a random inspection, if they have reports of remittances coming to you. So far this has mainly happened to expats who started filing and then paused. But we are going into uncharted territory and no one knows how they intend to enforce this unlawful order that is binding only on their staff, not taxpayers.

No. I just answered the question as to whether there was any reference to DTAs in the RD order and there wasn't. It doesn't mean that DTAs will not be honoured, it just means that the DG of the RD decided to use his non-existent authority to change the meaning of the Revenue Code in one short para without reference to DTAs and, to date, has not bothered to provide any further clarification about how DTAs are to be applied or anything else about this complete crock that is guaranteed to be net negative for Thailand's tax take and damaging to the Thai economy. The children(or bullies) are now running RD kindergarten.

Nearly a month has past since Srettha promised there would be a focus group or focus groups to clarify the unlawful RD order reinterpreting an important part of the Revenue Code. No sign of that yet. Seems like that was another of his empty promises and those, for whom remittances are a key port of surviving, are hurtling towards a train wreck.

Nope. There is no mention of exemptions under DTAs in the order. It just tells RD officers to tax the b'Jezus out of each and every foreign remittance. Here is a translation of the order Revenue Department Order No. P.161/2023 Subject: Payment of income tax according to Section 41, paragraph two of the Revenue Code. It is intended for revenue officials to consider this as a practical guideline for inspecting and giving advice to those residing in Thailand who have assessable income according to Section 40 of the Revenue Code in the past tax year Due to work duties or business conducted abroad or because of assets located abroad according to Section 41, paragraph two of the Revenue Code. The Revenue Department has ordered the following: Clause 1: Persons who are residing in Thailand according to Section 41, paragraph three, of the Revenue Code who have assessable income due to work duties or activities conducted abroad or because the property is in foreign countries according to Section 41, paragraph two of the Revenue Code In the said tax year and brought the assessable income into Thailand in any tax year. That person has a duty to include that assessable income in the calculation to pay income tax according to Section 48 of the Revenue Code In the tax year in which the assessable income was brought into Thailand Clause 2: All rules, regulations, orders, letters of response to consultations or any practice that is contrary to or inconsistent with this order shall be cancelled. Clause 3: This order shall come into force for assessable income imported into Thailand from the date 1 January 2024 onwards Ordered on 15 September 2023 Lawan Saengsanit (Mr. Lawan Saengsanit) Director General of the Revenue Department

If I didn't have ties in Thailand, I would be really tempted by the Philippines retirement visa. It is equivalent to PR (without the right to work) in Thailand for retirees and you get healthcare thrown in, no BS remittance tax, unfrozen UK state pension. https://visaguide.world/retirement-visa/philippines/

The change in the tax code interpretation was clarified by the Director General of the Revenue Department on the 19th of September after days of clamour, with officials also announcing that a focus group had been established to deal with issues that may arise between now and the 1st of January 2024. Srettha mentioned the focus group when the tax reinterpretation was announced just before hopping on a plane to New York to knock 'em dead. Since then the focus group idea seems to have been forgotten about.

No. Connections. But he seems not bad compared to many other reprehensible characters who have been in this job. He reinstated the old police haircut rule, so they don't need the backs and sides shaved once a week.

They are using a deputy minister who has a history of gangsterism to do this. He brought up his sons to carry guns everywhere and shoot at people in road rage incidents like another loving father in politics. One of the deputy ministers son's died when a road rage victim he was shooting at pulled out his own gun and shot him in the head. Great example but the government must believe it takes a gangster to know a gangster.

Meanwhile in another part of Pattaya tourists were fighting drunk and throwing up in the street or crashing their motor bikes into innocent Thais.

Counterintuitive but I recall from my misspent youth that a cold beer always seemed to work wonders probably through the depressive effect of alcohol taking the edge off the panic. But it probably depends on your particular tolerance to cannabis and alcohol. Fruit, vit c and stuff didn't make any difference but a hot shower was good. Your mileage may vary. Eating it is somewhat dangerous because the effects are unpredictable, when you didn't do the dosage yourself and build up from a small dosage.

If he was taking them to a range, it sounds like these real guns bought on the black market, not modified blank guns, specially the shotgun and it looks like another long gun like an AR style on the far right of the pic, probably a .22. Ranges are at fault for much of this for not checking permits. If Mr Adam knew he would have nowhere to shoot this guns, would he have bought them? He probably realised from hanging out at the range and renting or borrowing guns that they didn't bother to check.

It is not a personal care allowance. It is a basic deduction. Over 65s get another 190,000 deduction. There are other deductions for elderly parents, kids, life and health insurance RMR and SSF funds etc but hose are the basic deductions that everyone gets.

They tried that once but it didn't work. As James Clapper, former director of the CIA, said on CNN this morning, this attack is the result of the 16 long blockade of a small enclave of 2.3 million people, 40% of whom are youth. Whatever they have tried, they always create new generations of angry young men eager for revenge for what they see, rightly or wrongly, as the occupation of their land by interlopers who came from elsewhere and forced them out of their towns and villages in Palestine and drove them to live in Gaza. Now the IDF will go in to Gaza and fight Hamas dug in and well prepared for urban warfare on its own turf, while Israeli intelligence has been asleep at the switch, automating much of the intelligence gathering and processing, so as to make it easy for Hamas to fool them into thinking nothing was happening. Having taken 3 days to dislodge Hamas terrorists from Southern Israel, I think this is gonna be a tough fight and will probably not end in re-annexation and "cleansing" before Western opinion forces Israel to quit military operations in such a crowded civilian enclave, as in the past. BTW I absolutely deplore Hamas, as does I am sure James Clapper, but we have to face reality that it is an intractable problem.

An ideal time to impose a tourism tax on the pretext of providing insurance to tourists.

Great they were rescued but I thought they had been extracted from Gaza. That means Hamas still has all the hostages, if they haven't killed any of them.

I wonder why police left these online sellers in operation before when it seems so easy to track them down and their customers.

Interesting but do you know how the next batch of senators are to be appointe? Nothing in the constitution about this. So it must be in one of the organic laws.

There is also a minister who spent time in jail for heroin smuggling, another who was censured for corruption while a senior cop, and deputy minister with a mafia making up hit lists of mafia whose son was shot dead in a road rage gunfight started by him and his brother, who didn't think their intended victim might also be armed. He is now also cracking down on guys who carry guns around illegally, presumably so as to reduce the risk to his own illegally armed men. On top of the whole thing we have a PM who lost the election acting as a nominee for someone who got 10 years in jail for corruption and is supposed to be in jail but isn't.

Very sad for the families of the shooting victims but couldn't care less, if less Chinese tourists come permanently.