Dogmatix

It is also my sense that tax returns claiming tax credits under DTAs have been largely or even exclusively used by companies up until now, not by individuals. Thai companies have been liable to tax on their foreign source income for decades, regardless of whether they remit the income to Thailand. However, there has not been any real for individuals to claim tax credits and there is no space to do so on the PND 91 form which you would think would have been added, if a large number of taxpayers were declaring foreign source income. Anyone with enough foreign source income to make it worth paying a tax accountant to do the filing could afford to wait till the end of the tax year and remit the money tax free. Most people who needed the money before the end of the tax year are expat pensioners, whom the RD has not bothered up until now, probably assuming the incremental tax they could collect by harassing expat pensioners would not be worth the trouble. But all this seems likely to change.

The problem might be that other coalition parties in the cabinet, that vehemently opposed the digital wallet in the election campaign, might get scared of being investigated by the NAAC for approving the digital wallet, from which they get no political advantage anyway, n a cabinet resolution. PT has less seats than BJP, PPRP and UTN. So a coalition rift over it could cause the coalition to collapse. If so, good riddance to bad rubbish. Never seen such a bunch of crooks and incompetents in a cabinet.

Sounds like a gold trading scam not a romance scam.

https://www.thaipbsworld.com/chada-thaised-ferocious-opponent-of-pitas-pm-bid-has-a-dark-and-violence-racked-history/ Chada is the perfect choice to work on death lists of gangsters appointed as kamnans by the interior minister and on gun control. He is an expert on gangsters and illegal use of guns. One of his sons was killed in a road rage incident after both sons opened fire on a pick up truck that overtook them. They got a big surprise when the pick up truck driver pulled out a gun himself and fired back with greater accuracy and got Chada's son in the head. The PBS article has a different take that the pick up truck driver was an assassin hired to kill Chada but that makes little sense. The people in Chada's car fired at least 10 shots before the pick up truck driver opened fire, according to forensic reports. What a person to have in public office but a good match with the drug smuggler agriculture ministry.

Remember they were going to get a million millionaires with LTR visas. So far only a couple of thousand.

I am already missing the Prayut government. They were ineffective but at least very conservative and cautious in changing things. Right now a military coup wouldn't be such a bad thing to get rid of all these Thaksin appointed goons and put him in prison where he belongs. There is still a lese majeste case pending against him which the army said it would bring but they have dropped it for now.

15 year's ago there was still no reliable mobile signal in the mother-in-law's Isaan village but all networks are there now. At the same time there were also some villages without electricity in Isaan but I think now there are only a few in mountainous areas. But villagers without a smart phone will be a problem. I expect that people like loan sharks will buy digital wallets forward at a discount, i.e. I will give you 5k for it today.

Thanks. So it's possible or was a few years ago.

It's odd that they don't actually say Gift tax. But I don't think there is any other exemption they could be referring to .

Yes, it is only in Thai. Come to think of it I think only Thais can file online because you not only need a 13 digit ID number, which PRs have, but you need the laser code on the back of a blue ID card to register and log in. As mentioned earlier in the thread the English translations of the forms, which are for guidance only, are frequently not updated on time when there are changes. They just change the date on the form. The RD also puts up guidance notes on its website that are years out of date with incorrect allowances. They want to collect tax from foreigners but are too lazy to produce quality materials in English, or, perish the thought, let foreigners file on line and in English. The first time I file a tax return without help, it took me hours to figure out the forms and what had to be filled in. On the paper forms you also have to do all the calculations and figure out your tax for yourself. I am familiar with acounting and tax but I imagine most peoples Thai significant others would really struggle with a tax return, if they've never had to do it before.

The Q&A from the RD on the order appeared to deal with this in the answer to Q4. 4 คําถาม: เงินได้พงึ ประเมนิ ประเภทใดบา้ งทีcต้องนํามาเสยี ภาษีเงินได้ตามมาตรา 41 วรรคสอง แหง่ ประมวลรษั ฎากร คําตอบ: เงนิ ไดพ้ งึ ประเมนิ จากแหลง่ เงนิ ไดต้ า่ งประเทศทอีc ยูใ่ นบงั คบั ตอ้ งเสยี ภาษีเงนิ ได้ ได้แก่ เงินได้พึงประเมินตามมาตรา 40 (1) ถึง (8) แหง่ ประมวลรษั ฎากร อย่างไรก็ดี หากเปqนเงินได้พึงประเมินทีcได้รบั ยกเว้นภาษีตามกฎหมาย ผู้เสียภาษีไม่ต้องนําเงินได้พึงประเมินนัfนมาเสียภาษีในประเทศไทย เชน่ การรบั มรดก หรอื เงินไดท้ ีcไดร้ บั จากการอุปการะจากบุพการี ผสู้ บื สนั ดาน หรอื คสู่ มรส เฉพาะเงนิ ได้ ในสว่ นทไีc มเ่ กนิ ยสีc บิ ลา้ นบาทตลอดปภv าษีนนัf เปนq ตน้ It is very badly written and copying the pdf file messed up some of the words. Here's a bad google translate though. QUESTION #4 What are the types of assessed income that must be subject to income tax under Section 41?, the second paragraph of the Revenue Code? ANSWER: Money has not been assessed from foreign sources at If you stay, you are forced to pay income tax including assessable income according to Section 40 (1) to (8) of the Revenue Code. However, if it is assessable income received Tax exemption according to law. Taxpayers do not have to bring the assessable income is taxed in Thailand such as receiving an inheritance or receiving income received from the support of parents and trusted people, or marrying a married couple, only the money that is not received exceeding 20 millions of baht for the entire tax year. It doesn't actually state that remitting gifts from overseas is tax free up to 20 mil but strongly implies this. Otherwise why mention this at all in Q&A about RD P 161/2566? It also doesn't mention gifts but AFAIK gifts are the only provision in the Revenue Code that can be regarded as supporting parents, spouse or child and the threshold for gift tax is 20 mil. It is shame we are dealing with people who are utterly inarticulate in their own language.

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.